Home Court allows transgender inmate’s claim against DOC to proceed
News and Views

Court allows transgender inmate’s claim against DOC to proceed

AFP

scales-of-justice2The U.S. Court of Appeals for the Fourth Circuit today ruled that Ophelia De’lonta stated a “plausible” claim that the Virginia Department of Corrections violated her constitutional rights when it refused to have her evaluated for sex reassignment surgery. The ruling allows Ms. De’lonta’s case to move forward in the lower court.

“The Court of Appeals recognized that prison officials may not arbitrarily refuse to consider sex reassignment surgery,” said ACLU of Virginia Legal Director Rebecca Glenberg. “This is an important step forward for transgender inmates.”

Ms. De’lonta, a transgender woman, suffers from Gender Identity Disorder (GID). Being transgender is not itself a disorder. But individuals with GID experience discomfort with their physiological sex that is so extreme that it causes severe emotional and physical distress. In Ms. De’lonta’s case, this has led her to attempt self-castration numerous times, sometimes leading to hospitalization.

Pursuant to a previous settlement agreement, VDOC provided Ms. De’lonta with hormone treatment, therapy, and the opportunity to present as a woman to a degree consistent with prison security. This treatment, however, was not enough to alleviate Ms. De’lonta’s severe symptoms. Under the accepted standards of care, a patient with GID should be evaluated for sex reassignment surgery when such treatments are unsuccessful. VDOC refused to allow Ms. De’lonta to undergo such an evaluation.

Ms. De’lonta filed suit against VDOC in 2011, alleging that VDOC’s refusal even to consider sex reassignment surgery violated her Eighth Amendment rights. The district court dismissed her case, holding that because VDOC was already providing some treatment for GID, it did not have to evaluate her for sex reassignment surgery.

On appeal, the American Civil Liberties Union and the ACLU of Virginia submitted a friend-of-the -court brief, arguing that VDOC must provide Ms. De’lonta with treatment that actually addressed her symptoms. The Court of Appeals agreed. “[J]ust because [VDOC] ha[s] provided De’lonta with some treatment consistent with the GID Standards of Care, it does not follow that they have necessarily provided her with constitutionally adequate standards of care,” the court wrote.

The court analogized Ms. De’lonta’s situation to that of an inmate who has suffered injuries due to a fall, and whose symptoms persist to the point where he clearly should be evaluated for surgery. “Would prison officials then be free to deny him consideration for surgery, immunized from constitutional suit by the fact that they were giving him a painkiller? We think not,” the court wrote.

De’lonta was represented on appeal by Victor Glasberg and Bernadette Armand of Victor M. Glasberg & Associates in Alexandria.

 
 




Featured Video

 

AFP

AFP

Have a guest column, letter to the editor, story idea or a news tip? Email editor Chris Graham at [email protected]. Subscribe to AFP podcasts on Apple Podcasts, Spotify, Pandora and YouTube. Support AFP by signing up for our newsletter and/or powering our work with a one-time or monthly contribution.

Latest News

uva football tony elliott
Football, Go 'Hoos

UVA Football: Still trying to figure out the Tony Elliott buyout terms, if, you know

uva football
Football, Go 'Hoos

UVA Football: First look at Wake Forest, which wants the ‘Hoos in all-orange

Wake Forest and Virginia reportedly had an agreement in the summer to go black (Wake) and orange (Virginia) with their uniform color schemes for their scheduled Saturday, Oct. 31 game.

police court law
Local

How we got here: Summary of U.S. v. Valerie Hayes, the ‘Mennonite kidnapping’ case

In the late hours of July 29, 2018, a young Old Order Mennonite couple were getting ready for bed. The government says that’s when a long, drawn-out plan to kidnap five Old Order children from two respective families and execute their parents came to end.

Staunton fire department house
Local

Staunton: Fire department relocating temporarily due to renovations

tv
Football, Politics

Fox Sports runs America Next TV ad ‘Full of Hate’ on weekend football broadcasts

kymora johnson chance mallory uva basketball
Basketball, Go 'Hoos

UVA Basketball: Kymora Johnson, Chance Mallory named to preseason watch lists

Politics, Sports

MAGA group wants to force VHSL to let homeschool kids try out for high school teams