Inmate Michelle Kosilek, Mass. Gov. Deval Partick
THE GUERRILLA ANGEL REPORT — I’m not going to speculate on the specific reasons why Mass. Gov. Deval Patrick decided to appeal U.S. District Judge Mark Wolf’s ruling on transgender inmate Michelle’s need for SRS, other than to point out the decision was most likely based on politics or emotions — probably both. It most certainly wasn’t rational thinking.
The ONLY thing on the table here is cruel and unusual punishment. Not the fact she’s transgender. Or that she needs SRS. Or that it’s expensive. Or that lawyers are expensive, too.
Wolf ruled that what was happening to Kosilek in prison was cruel and unusual punishment. If an inmate racked up tens of thousands of dollars in legal bills trying to prove she is being subject to cruel and unusual punishment in prison and succeeds, of course she is going to be reimbursed. By ordering that her legal expenses be repaid, the judge is saying that the prison authorities failed to tend to her well-being — a responsiblity they’re entrusted to provide for all prisoners.
The appeals court will be looking at only one thing when the case comes before them: Is Kosilek enduring cruel or unusual punishment? They will then decide either yes or no.
The cost for the surgery and legal expenses, politics, emotion appeals, the lack of health care for non-prisoners, the fact that she’s a convicted murder — all these things will not be considered by the appeals court.
Gov. Patrick knows all this because after all, he’s a grad from Harvard Law School and was appointed Assistant Attorney General to the Department of Justice Civil Rights Division by then President Bill Clinton.
So basically Gov. Patrick, with only one tool left in your toolbox, you’re saying Kosilek is NOT enduring cruel and unusual punishment. Right?
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I previously reported on this story: “By now, everybody and their neighbor have called for the Massachusetts judge’s head on a pike for ordering that a trans inmate get SRS (sex reassignment surgery) while in prison.”
Read the entire story here: http://lexiecannes.wordpress.com/2012/09/08/transgender-inmate-srs-saga-dont-second-guess-judge-unless-prepared-to-deal-with-onslaught-of-marbles/
Inmate Michelle Kosilek, Mass. Gov. Deval Partick
Gov. Patrick to appeal transgender inmate’s sex change ruling | Metro News – WCVB Home.
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Filed under: Discrimination, Equality, Civil Rights, Everything else, Judicial, Courts, Transgender, Transsexual, Trans, appeals court, cruel and unusual punishment, Department of Justice Civil Rights Division, Gov. Deval Patrick, Harvard Law School, Michelle Kosilek, President Bill Clinton, srs, U.S. District Judge Mark Wolf
It’s absolutely astounding that people still think this individual should not be entitled to basic human rights just because of her crimes. I know this is a tough pill to swallow in a country that still endorses the death penalty in certain states, but people are people regardless of their crimes.
This person is IN PRISON, this is her punishment. Yes she did something vile, but justice has been served. Making someone suffer even further, beyond the inalienable rights they should be accorded is entirely inhumane!
Time to wake up!
It’s about the money. The state doesn’t want to have to pay for Ms. Kosilek’s sex reassignment surgery OR reimburse Ms. Kosilek for her legal bills that must huge.
Gov. Patrick should hang his head in shame.
I don’t think it’s about the money. The cost to defend the lawsuit the first time around far exceeded SRS costs. The appeal will cost even more. Remember, the state is paying both sides of the entire case. Heart surgery and recovery time can easily exceed SRS expense.
It’s cost $3,000,000 so far in legal fees,plus $85,000 in additional medical fees. All to “save” $20,000.
I stand corrected. My other guess is that the otherwise progressive Mayor Patrick is taking this santorium position only out of concern for public opinion of the uneducated and the bigotted. He should be ashamed.
[...] More on the federal judge’s ruling for Michelle Kosilek’s SRS: http://lexiecannes.wordpress.com/2012/09/26/gov-patrick-its-not-about-sex-reassignment-surgery-or-th… [...]
While I agree with defending the law and that imprisonment takes away personal liberty, the real issue here is that Kosilek should have after all these yrs. found a way to pay for the SRS herself, and not expected tax payers to fund it without any efforts on her own part.
I never received ANY care or treatment for my BOP diagnosed GID and was ORDERED released from hospitalization, care and treatment BECAUSE the BOP REFUSED to give me the ORDERED care and treatment under Section 4244D, then when released to apply for SSI I was categorically excluded from applying for SSI, with the excuse that I Entered (not had just left) a medical facility in May 2000 as to why my application was being denied! Well, it only took from May 2000 until August 2012 for me to get before a SSA Law Judge and get approved for SSI. So the problem IS the systemic transphobia and outright prejudices against those who have for one reason or another offended society by committing criminal acts; in my case to pay for SRS way back in 1985 and in 1990 which, unlike Kosilek, I received a written ORDER but was never given the ORDERED Care and Treatment! So, although I never became FRONT-PAGE NEWS, my case is not that much different from Kosilek except that I never killed or hurt anyone and was physically harmed (head split open causing brain damage and seizure disorder, unlike Kosilek) and went through torture myself at the hands of the correctional officers and officials who were hired to protect and provide care for me.