Federal appeals court orders Virginia trans inmate’s sex reassignment surgery lawsuit to proceed

Ophelia Azriel De’lonta

THE GUERRILLA ANGEL REPORT — The 4th U.S. Circuit Court of Appeals unanimously reinstated a lawsuit that was previously tossed out by a lower court, which will now allows trans inmate Ophelia Azriel De’lonta to proceed with her case against the state of Virginia to allow her to undergo sex reassignment surgery.

De’lonta attorneys argued that to deny her the surgery amounted to “cruel and unusual” punishment — a violation of the Eighth Amendment. The court did not order the surgery but ruled the case was viable and the previous judge was wrong for tossing it. The case now goes back down to district court for further proceedings. De’lonta is in prison for bank robbery with a 73 year term.

4th Circuit Judge Albert Diaz: “The disease is “characterized by a feeling of being trapped in a body of the wrong gender . . . In these cases, the surgery is not considered experimental or cosmetic; is it an accepted, medically indicated treatment.”

The “cruel and unusual punishment” claim is the same one that recently won Mass. inmate Michelle Kosilek an order from a judge requiring the state to give her the surgery (now being appealed). More on Kosilek: http://lexiecannes.wordpress.com/?s=Michelle+Kosilek

Case #:  De’lonta v. Johnson et al., No. 11-7482.

More on the De’lonta case:  Federal appeals court reinstates prisoner’s sex-change lawsuit | Reuters.

Ophelia Azriel De’lonta

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Filed under: Judicial, Courts, Transgender, Transsexual, Trans, 4th U.S. Circuit Court of Appeals, cruel and unusual punishment, Judge Albert Diaz, Michelle Kosilek, Ophelia Azriel De'lonta, virginia

Judge tells state of Mass. to report on trans inmate sex reassignment surgery prep status

(Photo on left: Boston Globe)

THE GUERRILLA ANGEL REPORT — U.S. District Court Judge Mark L. Wolf, concerned that the state of Massachusetts is dragging its heels, stepped up enforcement of his order to prep for the sex reassignment surgery (SRS) of trans inmate Michelle Kosilek.

As you may recall, Judge Wolf earlier ruled that withholding SRS for Kosilek amounted to cruel and unusual punishment. (Note: this ruling only applies to Kosilek, not all transgender inmates in Massachusetts). More on the Kosilek case here (several articles): http://lexiecannes.wordpress.com/?s=kosilek

According to a brief news report in the Boston Herald and the Mansfield Patch, last week, Judge Wolf ordered the corrections chief to submit a monthly report signed under oath on the status of the preparations. Judge Wolf has apparently put the actual surgery on hold while the state appeals its case, but wants the preparations completed.

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It appears that if the higher court upholds his ruling, Judge Wolf wants the surgery to go forward shortly there after.

Stay tuned.

There wasn’t much more information beyond what I’ve stated: State Must Report Progress on Kosilek’s Sex Change Operation – Mansfield, MA Patch.

(Photo on left: Boston Globe)

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Filed under: Judicial, Courts, SRS, Sex Reassignment Surgery, Transgender, Transsexual, Trans, cruel and unusual punishment, inmate, Judge Mark L. Wolf, Massachusetts, Michelle Kosilek

FOX-TV’s Bill O’Reilly, Megyn Kelly mocks transgender inmate’s appearance

FOX-TV hosts mock trans people

THE GUERRILLA ANGEL REPORT — In some ways, Bill O’Reilly, a commentator for FOX News and host of The O’Reilly Factor has outed himself by revealing he does not research facts before he speaks — O’Reilly did not even know transgender inmate Michelle Kosilek had yet to have the sex reassignment surgery she won in a court case until after he unloaded on her. It was co-host Megyn Kelly who noted that Kosilek did not have the surgery, however, she also participate in the transphobic barrage on Kosilek.

Kosilek, of course, is the Massachusetts prisoner, who recent won a court ruling on her “cruel and unusual punishment” claim. Read more about that here: http://lexiecannes.wordpress.com/2012/12/20/transgender-inmates-lawyers-to-get-700k-in-denying-srs-is-cruel-and-unusual-punishment-case/

I’m going to spare everyone the what was specifically said on the show but I do want to reaffirm for every one of the fact that FOX-TV and Bill O’Reilly, will mock, shock and exploit transgender people to make money for themselves. Sadly, this now includes Megyn Kelly.

Regular readers know the consequences of this transphobic behavior is devastating for trans people.

Don’t let your friends tune to FOX News. The life you save may be of someone you know.

[Trigger Warning]:  Fox Hosts Mock, Laugh At Transgender Inmate’s Appearance | Blog | Media Matters for America.

FOX-TV hosts mock trans people

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Filed under: Exploitation, Dehumanizing, Transgender, Transsexual, Trans, bill o'reilly, FOX news, Megyn Kelly, Michelle Kosilek, O'Reilly Factor

Angry legislator proposes bill to pay for all sex reassignment surgeries to ‘make a point’

Rep. James Lyons is toying with trans people (Photo: Boston Herald)

THE GUERRILLA ANGEL REPORT — Don’t be mislead — this legislator isn’t on the side of trans people — he’s toying around with us. Massachusetts state Rep. James Lyons, a Republican, is proposing this bill out of anger in reaction to a federal judge awarding legal fees to transgender convict Michelle Kosilek’s attorneys.

As you may recall, U.S. District Judge Mark Wolf ruled that denying Kosilek sex reassignment surgery (SRS) amounted to cruel and unusual punishment and ordered that the surgery be performed. He later ordered the state pay Kosilek’s attorney fees.

Rep. Lyons said he is trying to make a ‘profound point’ of his disagreement with the judge’s decisions by the introducing of a bill to pay the expense of SRS for all transgender people in the state. He wouldn’t say if he thinks it’ll pass.

Lyons: “The hard working citizens who follow the rules and pay their taxes do not qualify for benefits like this. If we provide extravagant benefits like this to a vicious murderer, then why deny them to the law abiding citizenry? . . .”

Stopping cruel and unusual punishment is not an extravagant expense.

Rep. Lyons is playing a dangerous game here. He’s using transgender people as pawns. Many trans people already live under dire circumstances — both physically and mentally. Toying trans people around like this is cruel. There should be consequences for Rep. Lyon’s reckless behavior.

More about Michelle Kosilek and the rulings by Judge Mark Wolf: http://lexiecannes.wordpress.com/?s=michelle+kosilek

More about Rep. Lyon: http://www.eagletribune.com/latestnews/x1525001143/Lyons-seeks-to-make-profound-point-about-prisoners-sex-change-operation

Rep. James Lyons is toying with trans people (Photo: Boston Herald)

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Filed under: Discrimination, Equality, Civil Rights, Legislative, SRS, Sex Reassignment Surgery, Transgender, Transsexual, Trans, Judge Mark Wolf, Massachusetts, Michelle Kosilek, Rep. James Lyons

Transgender inmate’s lawyers to get $700K in ‘denying SRS is cruel and unusual punishment’ case

Michelle Kosilek

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.

Michelle Kosilek

Judge: Mass. sex change inmate’s lawyers get $700K.

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Filed under: Judicial, Courts, SRS, Sex Reassignment Surgery, Transgender, Transsexual, Trans, cruel and unusual punishment, federal court, Judge Mark Wolf, legal fees, Massachusetts, Michelle Kosilek, sex reassignment surgery, srs

Legislator tries end run around federal judge’s transgender “cruel and unusual punishment” ruling

Mass. State Rep. John H. Rogers tries end run around federal judge’s “cruel and unusual punishment” finding

THE GUERRILLA ANGEL REPORT — Michelle Kosilek, the transgender Massachusetts prisoner who a federal judge said the denial of her doctor’s recommendation of sex reassignment surgery amounted to cruel and unusual punishment, has found yet another twist in her legal pursuit of getting medical care. A Massachusetts legislator wants to run an amendment through the legislature to block payment of a federal judge’s order to have the surgery.

The state of Massachusetts apparently denied Kosilek’s attorney’s offer to drop the $800,000 in legal fees awarded if they let her have the surgery and are instead filing an appeal of the decision. State Rep. John H. Rogers, a Democrat, however, wants to go further and block her medical funding through legislative action unless the U.S. Supreme Court tells them otherwise.

The legal ramifications of this could return to haunt the legislature. Deliberately doing an end run around a federal judge’s ruling that the state is engaging in cruel and unusual punishment is unwise on any level.

Not much about this case is making sense, including Rogers’ actions — stay tuned.

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-the-cost/

http://lexiecannes.wordpress.com/2012/09/08/transgender-inmate-srs-saga-dont-second-guess-judge-unless-prepared-to-deal-with-onslaught-of-marbles/

Zack Ford gets into the specific legal ramifications here: Anti-Trans Massachusetts Lawmaker Attempts To Circumvent Federal Court Ruling | ThinkProgress.

Mass. State Rep. John H. Rogers tries end run around federal judge’s “cruel and unusual punishment” finding

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Filed under: Judicial, Courts, SRS, Sex Reassignment Surgery, Transgender, Transsexual, Trans, cruel and unusual punishment, Massachusetts, Michelle Kosilek, prisoner, Rep. John H. Rogers

Gov. Patrick, it’s not about sex reassignment surgery or the cost . . .

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

Transgender inmate SRS saga — don’t second guess judge unless prepared to deal with onslaught of marbles

Trans inmate Michelle Kosilek is serving life for a murder conviction

THE GUERRILLA ANGEL REPORT — 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.

I’d like to remind everyone of this very simple fact: A doctor made a medical decision in the best interest of patient and a judge ordered that it be carried out. Do we really want open the door to second guessing the needs of patients receiving medical care at taxpayer expense? Mental patients at state hospitals? Veterans? People on Medicare? It’s a slippery slope, my friends. Open that door, marbles come pouring out.

Besides, health care costs at prisons are included in their budgets — it’s not like it is an unexpected surprise to them. Every day prison administrators face seemingly expensive health care-related decisions  — ‘well, the death row inmate is in a lot of pain and needs a new hip, but he IS on death row, decisions, decisions . . .’ (this actually happened: http://www.washingtontimes.com/news/2012/may/17/ky-officials-torn-over-expensive-surgery-for-death/?page=all) the bottom line, withholding health care amounts to cruel and unusual punishment — cut corners here, we’ll pay more at the end of a lawsuit.

Now, I’m not advocate for letting inmates out of prison before they’ve paid their debt to society, but many an inmate have been released to contain costs. This is pretty much the choice here: pay for SRS or free a convicted murderer.

Thinking that the decision can be overturned is likely to backfire. Remember, Michelle Kosilek already has a conservative U.S. District judge on her side — I’m quite sure was an agonizing decision for the judge, Mark Wolf, to rule on the side of law here which leads me to believe there is no room for a different interpretation, because if there was, Wolf would have used it instead of having to see his face plastered on FOX-News affiliates.

Information on benefits gained by the transgender community from the court ruling: Transgender inmate’s court win is movement’s latest victory | OregonLive.com.

Trans inmate Michelle Kosilek is serving life for a murder conviction

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Filed under: Discrimination, Equality, Civil Rights, Judicial, Courts, Law Enforcement, Police, Transgender, Transsexual, Trans, health care, inmate, Michelle Kosilek, prison, sex reassignment surgery, srs, U.S. District Judge Mark Wolf