THE GUERRILLA ANGEL REPORT — No doubt mainstream media is going to exploit this decision by the federal judge who earlier ruled favorably on transgender inmate Michelle Kosilek’s request for SRS, into a barrage of attacks against trans people, so I might as well get ahead of this and state the facts.
If you recall, Federal Judge Mark Wolf, in a landmark decision last September, ordered the state of Massachusetts to provide SRS for Kosilek because the judge decided that withholding the surgery in Kosilek’s case amounted to cruel and unusual punishment. What the judge did not say was that all trans inmates can get SRS at the state’s expense on demand. He based his decision on the fact Kosilek endured 9 years of medical treatment before reaching the point that SRS was “only adequate treatment” left. Other prisoners would likely need to follow the same course of treatment before SRS is considered.
Being awarded legal fees is only the natural course of action here. Any prisoner found suffering from cruel and unusual punishment at the hands of the state is entitled for legal fees reimbursement. Such large payments have been awarded before. This should be no surprise to anyone.
The state of Massachusetts is trying to appeal Wolf’s decision, however, the judge said Kosilek’s team would forgo the fees if the state drops their appeal. The state had no comment.
More articles about the Kosilek case: http://lexiecannes.wordpress.com/?s=kosilek
Compiled from reports from The Associated Press and The Boston Globe.
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