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Federal judge orders Massachusetts to pay for killer's sex change

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posted on Sep, 4 2012 @ 03:36 PM
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Federal judge orders Massachusetts to pay for killer's sex change


reuters

A federal judge on Tuesday ordered Massachusetts officials to pay for a convicted murderer's sex change operation, ruling that the state had violated the inmate's constitutional rights in denying the procedure.

In a 126-page order issued in Boston, U.S. District Judge Mark Wolf found in favor of Michelle Kosilek, who sued the Massachusetts Department of Correction 12 years ago to force it to provide him the surgery while imprisoned.

(visit the link for the full news article)


Related News Links:
usnews.nbcnews
www.dailymail.co.uk

Related AboveTopSecret.com Discussion Threads:
Sex-change inmate says treatment stopped
edit on 4-9-2012 by Maxmars because: fixed link formatting




posted on Sep, 4 2012 @ 03:36 PM
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Since when does having sex change surgery on the taxpayers' dime constitute a right or condition that invokes the prohibition against "creuel and unusual punsihment?"



"The court finds that there is no less intrusive means to correct the prolonged violation of Kosilek's Eighth Amendment right to adequate medical care," Wolf wrote in his 126-page ruling.

According to The Associated Press, Wolf is the first federal judge to order prison officials to provide the surgery for a transgender inmate.



usnews.nbcnews.com...

Given the fact that he was convicted of murfering the therapist who was trying to help him "overcome" this "affliction," I fail to see how he is being treated cruelly or unusually by letting him spend the rest of his life inb prison as he was convicted -- as a male.

Someone please enlighten me.

jw

(visit the link for the full news article)
edit on 4-9-2012 by jdub297 because: (no reason given)

edit on 4-9-2012 by jdub297 because: (no reason given)



posted on Sep, 4 2012 @ 03:47 PM
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Really?


"In this case Kosilek has proven that he still has a severe gender identity disorder. Although female hormones have helped somewhat, he continues to suffer intense mental anguish because of his sincere and enduring belief that he is a female trapped in a male body," Wolf wrote, citing the U.S. Constitution's Eighth Amendment protection against cruel and unusual punishments.

Wolf noted that the corrections department had fired a doctor who recommended that Kosilek receive the surgery and had hired a social worker who was known to consistently recommend that inmates did not have the procedure.


This 'gender identity disorder' is life threatening? But if the convicted murderer's wife had been killed by him when he was a "her" there would still be prison time involved no? Or would they have dared invoke the wrath of those who don't want such conditions known as a "disease?"

I have no personal qualms about those who wish to do this sort of thing - for whatever reason... but the rationale for it being the "state's responsibility" eludes me.

Perhaps I should look into : Kosilek vs. Spencer, U.S. District Court, District of Massachusetts, No. 00-12455.

Amazing. You know... if I ever commit a crime I am going to be tempted to claim that I am a billionaire trapped in a poor persons body.... hey... you never know anymore! Give me money... I'll feel better.



posted on Sep, 4 2012 @ 03:48 PM
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As you probably know, the problem here is what does "adequate medical care" mean? The judge seems to think it's identical to "desired medical procedures." I can't think of any reason to support the judge's opinion. I hope there's an appeal, I'd hate to see this established as a precedent.



posted on Sep, 4 2012 @ 03:51 PM
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I may be jumping the gun here, but it is possible that in the former suit they determined that this particular therapy and procedure was valid "medical care" (why do I suspect that was a politically expedient determination?) and thus the penal system was unable to (as they evidently desired) discontinue the procedure out of spite.
edit on 4-9-2012 by Maxmars because: (no reason given)



posted on Sep, 4 2012 @ 03:53 PM
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reply to post by jdub297
 


Pfft... PC gone awry. They should just execute him. He wont be missed.



posted on Sep, 4 2012 @ 03:53 PM
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So he, becomes a she and then is sent to a prison full of females?



posted on Sep, 4 2012 @ 04:29 PM
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OK... for those truly interested in the legal wrangling being showcased by the media here.... www.scribd.com...

It's over a hundred pages of delightful reading.... which I am reticent to pursue since I think no one really recognizes this as a hot-button issue at the moment.... but... having found it.. let me at leas share...

It is a "given" that doctors (as duly recognized by the courts) have determined that gender therapy is the only way to treat the particular condition of the prisoner. That being the court-accepted fact; denying the treatment to the prisoner is not acceptable. Once the doctors agreed that the treatment was medically necessary - and that assessment was accepted; the authorities cannot deny the treatment without violating the eighth amendment rights of the prisoner.

I can see how this can be inflated into an "outrage" thing.... but unless we go down the path that prisoners haven't the same rights as free people (a dangerous route indeed) we cannot pretend that the mandate to care for the prisoner does not exist.

Please read up... if you have the stomach for it.

edit on 4-9-2012 by Maxmars because: (no reason given)



posted on Sep, 4 2012 @ 04:34 PM
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Only in Massachusetts!
I know in some counties inmates got McDonald's every morning.
Dont ask me how I know.



posted on Sep, 4 2012 @ 04:50 PM
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Wow! Canadian stupidity is spreading.

Seriously, I thought only stupid things like this happened in Canada.



posted on Sep, 4 2012 @ 05:13 PM
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I read this story earlier today and immediately it all clicked:

BEST. LONG-CON. EVER.

SO here's the angle...However many years ago, this guy's got a life sentence and realizes "My "junk" isn't really doing me any good in here...How can I work that to my advantage?"

He comes up with a plan. Fight the system for a sex change operation. Once you win, you are in one of two situations.

#1 You have the only hoo-hah in an all-male prison. Supply and demand. You are prison-rich for life. If you like the dudes, all the better.

2# You get moved to a female prison. If you dig chicks, you go off your meds and return to some semblance of manliness, making you very desirable w/in the female population.

All this, for the small price of his twigs -n- berries!



posted on Sep, 4 2012 @ 06:26 PM
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reply to post by Maxmars
 


It is a "given" that doctors (as duly recognized by the courts) have determined that gender therapy is the only way to treat the particular condition of the prisoner. That being the court-accepted fact; denying the treatment to the prisoner is not acceptable. Once the doctors agreed that the treatment was medically necessary - and that assessment was accepted; the authorities cannot deny the treatment without violating the eighth amendment rights of the prisoner.


1st, the "given" accepts as fact "junk science" an opinion easily debunked. I've faced down worse idiocy in the state and federal courts, and never failed to have the jury literally laughoing the "expert " out of court.

2nd, there is no legal connection between a made-up diagnosis, "treatment," and the U.S. Constitution.

"Cruel & unusual" punishment is NOTin the eyes of the beholder; it is an aberration and 'intolerable by civilized society.'

Nothing in the Constitution guarantees or even hints at some inalienable right for the taxpayers to pay for elective surgert of any sort.

Someone please show me the Constitutional support for the right to taxpayer-funded elective surgert.

jw
edit on 4-9-2012 by jdub297 because: (no reason given)



posted on Sep, 4 2012 @ 06:30 PM
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Originally posted by JValhalla
Only in Massachusetts!
I know in some counties inmates got McDonald's every morning.
Dont ask me how I know.


Without disclosing personal information in violation of the T&Cs, "How do you know.?"

Never mind; I "know" that inmates elsewhere smoke and drink.

jw



posted on Sep, 4 2012 @ 07:41 PM
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what next ?
free breast implants for women in prison , nose jobs because they feel depressed about their appearance ,
this is PC gone mad



posted on Sep, 4 2012 @ 07:43 PM
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Originally posted by jdub297

1st, the "given" accepts as fact "junk science" an opinion easily debunked. I've faced down worse idiocy in the state and federal courts, and never failed to have the jury literally laughoing the "expert " out of court.




not junk science
nazi science

the 1st succesful sex change was performed by none other than dr "death" mengele
after sacrificing hundreds of fraternal [boy girl] twins he finally managed to exchange their sexes

i've long suspected organ transplants and other biotech have similar "secret origins"

somebody in the shadows has to be backing this, probably another experiment IMO



posted on Sep, 4 2012 @ 07:51 PM
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reply to post by jdub297
 


This makes no sense to me. Does he have the money to pay for it? If he has the money fine let him do it. If he doesn't have the cash then it's not the government denying him his rights, it's just life.

I hope tax payers aren't paying for this.



posted on Sep, 4 2012 @ 09:07 PM
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Perhaps he was getting a hormonal treatment necessary for a sex change operation, and now it's dangerous for him not to have the operation after the treatment?



posted on Sep, 4 2012 @ 09:07 PM
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reply to post by GogoVicMorrow
 


That's the sad part the Commonwealth of Mass will be picking up the tab.



posted on Sep, 4 2012 @ 09:15 PM
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How about we kill the killer and give his"operation"money to his victims.Honest hard working people aren't allowed elected surgery but murderers are?PC running amok.



posted on Sep, 4 2012 @ 09:38 PM
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I'm waiting for a bunch of female inmates to start saying they have body dismorphic disorder so they can get some boob jobs and liposuction on the states dime. It's basically the same as this BS

edit on 4-9-2012 by WildWorld because: (no reason given)



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