Trans Inmate Sues Prison for Causing Her “Severe” Distress by Withholding Gender-Affirming Care
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Investigative Report: Transgender Woman Files Lawsuit Against Georgia Department of Corrections for Denying Gender-Affirming Care
In a shocking case that highlights the ongoing challenges faced by transgender individuals in the criminal justice system, a transgender woman, identified as “Jane Doe,” has filed a lawsuit against the Georgia Department of Corrections (GDC) and its medical contractors for denying her gender-affirming care. The lawsuit, filed on December 6, alleges that the GDC has refused to treat Doe’s severe gender dysphoria, leading to her continued suffering and psychological distress.
Doe, a 55-year-old woman, has identified as female since early childhood and has been living as a woman publicly since 1988. She has been incarcerated since 1992 and has been held in Phillips State Prison since April 2022. Throughout her time in prison, she has been diagnosed with gender dysphoria by multiple medical professionals.
The lawsuit claims that Doe began receiving hormone replacement therapy (HRT) in 2015 but was denied access to items that would aid her social transition. GDC staff allegedly confiscated clothing that Doe tailored to appear more feminine and shaved her head bald as her hair began to grow out. This blatant disregard for Doe’s identity and denial of basic gender-affirming items is deeply troubling and goes against established standards of care for transgender individuals.
Moreover, two physicians treating Doe have recommended gender-affirming surgery as a means to alleviate her severe distress. However, the administrators responsible for Doe’s care, including the GDC and its medical contractors MHM and Wellpath, have prevented her from accessing this necessary surgery due to the GDC’s unconstitutional “Blanket Ban” on gender-affirming surgery.
As a result of the lack of appropriate care, Doe attempted suicide in 2017 and again in 2019. In 2019, a Wellpath employee discontinued her HRT treatment, further exacerbating her distress. Doe was placed in solitary confinement due to being sexually assaulted in 2018, further compounding her trauma. She attempted self-castration in July 2022, highlighting the extreme measures she has resorted to due to the GDC’s denial of necessary care.
The lawsuit argues that the GDC and its medical contractors have violated the Eighth Amendment, the Americans with Disabilities Act, and the Rehabilitation Act of 1973. These legal protections are in place to ensure that individuals receive adequate medical care and are not subjected to cruel and unusual punishment while incarcerated. By denying Doe access to gender-affirming care, the GDC and its contractors have failed to fulfill their obligations under the law.
Doe’s attorney, Scott Novak, stated in a press release that the “blanket ban on providing gender-affirming surgery violates not only GDC’s own policy but also basic medical standards and the U.S. Constitution.” This lawsuit serves as a crucial test for transgender inmates’ rights and could have significant implications for future cases involving gender-affirming care in prisons.
In addition to seeking damages, Doe has also filed for a preliminary injunction requiring the GDC to provide her with necessary gender-affirming treatment and items and to transfer her to a women’s prison. It is essential that the GDC and other correctional institutions prioritize the healthcare needs of transgender individuals and ensure that they receive equal and appropriate care while incarcerated.
This case sheds light on the urgent need for comprehensive policies and protocols that address the specific healthcare needs of transgender individuals in the criminal justice system. Denying gender-affirming care not only violates an individual’s rights but also perpetuates harm and exacerbates mental health issues. It is crucial that the GDC and other institutions take immediate action to rectify this situation and provide transgender inmates with the care they require to live authentically and with dignity.
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“Trans inmate gender-affirming care lawsuit”
