Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2018-10-10
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor
Sponsor
Sponsor

  WINDY CITY TIMES

Court Strikes Unlawful Policy That Denied Health Care to Incarcerated Transgender Woman
From a news release
2018-05-23

facebook twitter google +1 reddit email


( St. Louis, MO, May 23, 2018 ) —A federal district court has struck down a Missouri Department of Corrections ( MDOC ) policy as cruel and unusual punishment because it denies vital health care to transgender people, including Lambda Legal client Jessica Hicklin, a transgender woman incarcerated at the Potosi Correctional Center in Mineral Point. The court's order requires Missouri Department of Corrections ( MDOC ) and its contracted healthcare provider, Corizon LLC, to provide Ms. Hicklin with medically necessary, doctor-recommended health care for the treatment of gender dysphoria.

The order also permanently bars MDOC and Corizon from enforcing the discriminatory "freeze-frame" policy that affects Ms. Hicklin and all transgender inmates in Missouri. The policy is a blanket ban on providing hormone treatment to any transgender person who was not receiving such treatment prior to incarceration. A number of federal courts have held that such arbitrary and unfairly targeted policies violate the Eighth Amendment's prohibition on cruel and unusual punishment.

"The court's decision to strike down this policy will save Ms. Hicklin from pain and anguish and spare so many others from the same abuse. To keep life-saving treatment from transgender people suffering needlessly in prison simply because they were not receiving that treatment before they entered the facility is cruel and unlawful," said Demoya Gordon, Transgender Rights Project Attorney for Lambda Legal. "This is the first court in the country that we know of to rule specifically that 'freeze-frame policies' are unconstitutional, but we are hopeful that other courts will see these discriminatory policies as deliberate indifference to incarcerated transgender people's serious medical needs and follow suit."

In February 2018, a federal court granted Lambda Legal's preliminary injunction motion and ordered MDOC to give Ms. Hicklin access to hormone therapy, permanent body hair removal, as well as access to gender-affirming canteen items — all recommended by her doctors as part of her treatment in accordance with the prevailing standards of care. Today, in granting the permanent injunction motion, the court ruled that as long as Jessica Hicklin is in MDOC, she must be provided care in accordance with her doctors' recommendations to treat her gender dysphoria. The court also ruled that MDOC's freeze-frame policy that denied Jessica Hicklin medically necessary treatment is a violation of the Eighth Amendment and struck down the policy.

"Today another court ruled that blanket bans on medically necessary gender dysphoria treatment are discriminatory and unconstitutional. The court's ruling comes just one week after the Trump Administration released changes to the federal Bureau of Prisons Transgender Offender Manual. Despite the Trump Administration's attempts to undermine important constitutional and federal protections— including the Prison Rape Enforcement Act ( PREA ) — we will continue to fight for transgender people's right to health care and safety," said Richard Saenz, Lambda Legal Staff Attorney and Criminal Justice and Police Misconduct Strategist.

"For years, I felt like I had been drowning," said Jessica Hicklin. "But when the first decision came down in February, I could finally breathe knowing I would be able to start an important part of my transition that I had been waiting for desperately. This final decision makes it unquestionably clear that prisons cannot deny transgender people like me life-saving medical care and that MDOC and Corizon must continue to provide the gender dysphoria treatment I need."

Read the Decision: www.lambdalegal.org/in-court/legal-docs/hicklin_mo_20180522_order .

Read more about Hicklin v. Precythe here: www.lambdalegal.org/in-court/cases/hicklin-v-lombardi .

Demoya Gordon, Transgender Rights Project Attorney, and Richard Saenz, Staff Attorney and Criminal Justice and Police Misconduct Program Strategist, are handling the case for Lambda Legal, along with Kevin L. Schriener of Law & Schriener, LLC and Marla Butler, Sharon Roberg-Perez, Frederick Braunstein, and Rajin Olson of Robins Kaplan LLP.


facebook twitter google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

NATIONAL Dreiband criticized, third gender category in NYC, Spirit Day 2018-10-16 - Sharon McGowan—the Lambda Legal chief strategy officer and legal director, and former senior career Civil Rights Division official—spoke out against the U.S. Senate ...


Gay News

Transmilitsry documentary premieres Thursday Nov. 15 on Logo 2018-10-15 - New York, NY, October XX, 2018 — Logo today announced that the groundbreaking documentary, "TransMilitary," will make its television debut on Thursday, November ...


Gay News

New York City Mayor Signs Pivotal Gender Marker Bill 2018-10-10 - [New York, NY] In a significant step forward for transgender, gender nonconforming, and nonbinary New Yorkers, today at the Edie Windsor SAGE Center ...


Gay News

NUNN ON ONE Trans singer Kim Petras talks family, transition, big break 2018-10-10 - Transgender singer Kim Petras is performing for the first time nationwide at large concerts, thanks to Troye Sivan, who is on his "The ...


Gay News

Angelica Ross returns TransTech project to Chicago 2018-10-10 - Angelica Ross, an actress and entrepreneur now based in Atlanta who was long active in Chicago advocacy circles, has a key piece of ...


Gay News

'Trans 101' forum Oct. 11 in Loop 2018-10-10 - The forum "Trans 101: Laws and Policies Affecting The Transgender Community" will take place Thursday, Oct. 11, 4-5:30 p.m., at Hinshaw & Culbertson ...


Gay News

October events focus on trans roles in LGBT rights 2018-10-10 - For this LGBT History Month, a coalition of community agencies will focus on expanding awareness of the transgender community. The Village Chicago, ...


Gay News

Transgender woman killed on Chicago's West Side 2018-10-05 - A transgender Chicago woman died after a fight the week of Oct. 1, the second such murder in the city in just over ...


Gay News

PHOTOGRAPHY Collaborative work spotlights older trans, GNC individuals 2018-09-28 - In 2012, photographer Jess Dugan and social worker/assistant professor Vanessa Fabbre began interviewing and photographing transgender and gender nonconforming adults older than 50, ...


Gay News

AVER meets in Chicago, elects president committed to transgender service 2018-09-26 - San Antonio, TX "Military City USA" ( SEP 24, 2018 ) — American Veterans for Equal Rights ( AVER ), the nation's oldest ...


 



Copyright © 2018 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor
Sponsor


 



Sponsor

About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.