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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.
"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.
"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.
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.
Originally posted by JValhalla
Only in Massachusetts!
I know in some counties inmates got McDonald's every morning.
Dont ask me how I know.
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.