Monday, September 02, 2013

Prison And Trans-Rights

So many people are against transgender prisoners getting proper healthcare in prison and that includes many trans-people. Look what one prisoner faces every day in prison as she fights to get proper healthcare.
Pennsylvania Transgender Inmate Files Federal Lawsuit
South Florida Gay News
By Timothy Cwiek
August 29, 2013

She alleges harassment and discrimination by state Department of Correction officials because she’s transgender.

She also alleges that DOC officials failed to properly screen her cellmates for transphobia, thus exposing her to dangerous situations.

She’s had five different cellmates in a brief period of time, all of whom have either assaulted her, sexually harassed her or threatened bodily harm, according to the lawsuit.

One cellmate allegedly said, “I’m in the cell with a faggot,” and tried to commit suicide.

“I was still forced to live with this inmate an additional three days,” Dickerson stated.

A Muslim cellmate indicated he disapproved of her gender identity and allegedly told staff, “If you don’t move me I’m gonna fuck this dude up,” according to Dickerson.

One DOC official threatened to disclose Dickerson’s private medical information throughout the prison if she continued to file complaints, according to the lawsuit.

DOC officials also threatened to perform an invasive “cavity search” on Dickerson, and administer an unnecessary enema, if she didn’t stop filing grievances, according to the lawsuit.
Prison officials routinely place transgender prisoners in solitary confinement for “their own protection.” Solitary confinement is usually punishment for prisoners who break the rules; it is isolation for 23 hours a day with only one hour a day outside of the prison cell. Or they house them in the general prison population like they did with Ms.Dickerson where they are subjected to death threats or rape. In some prison the transgender inmates are housed together is a special wing or in the medical wing of the prison.

The harassment that she is facing is illegal and instead she should be allowed to transition and then be put in women’s prison. The courts have ruled in the past that prisoners should receive all medically necessary healthcare including cross gender hormones and Gender Confirming Surgery. Each prisoner should not have to sue for their legal rights, be subjected to harassment and put in life threating situations.

3 comments:

  1. This is an interesting problem. I wasn't aware that courts had ruled that gender-confirming surgery was medically-necessary healthcare that the prisoners should receive.

    Are you aware of a specific case in which that decision was made? Did it reach the Supreme Court? I'd like to read more about that.

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  2. Yes, there was a federal court case in Boston that order hormones and surgery for a trans-inmate. They ruled that it was curl and unusual punishment and also violated the 14th amendment to withhold treatment. Also there were state court rulings somewhere in the mid-west.

    In addition, federal tax courts have found that medical expenses are medically necessary and are tax deductible.

    Also the AMA, APA, the Endocrine Society and other medical organizations have said treatment for trans-people are medically necessary.

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  3. http://dianacorner.blogspot.com/2012/03/yesterdays-supreme-court-non-decision.html
    http://dianacorner.blogspot.com/2012/10/medically-necessary-treatment.html
    http://dianacorner.blogspot.com/2012/10/medically-necessary-treatment-part-2.html
    http://www.google.com/hostednews/ap/article/ALeqM5iA0CHVzAoMjuFq7CCd9mWcJ9mJbg?docId=788a6a8ed06149d687404c38fbf9dc4f
    http://www.businessweek.com/news/2012-03-26/court-rejects-wisconsin-bid-to-ban-transgender-inmate-treatments

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