Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Jailed Killer to Get Sex Change treatment
New York LAw Journal ^

Posted on 07/16/2003 7:02:45 AM PDT by Olde School

Jailed Killer to Get Sex Change Treatment

By John Caher New York Law Journal

ALBANY — A convicted killer seeking a sex change is entitled, at taxpayer expense, to medical treatment that could lead to gender reassignment, a federal judge in Albany held yesterday.

U.S. District Judge Lawrence E. Kahn said the state cannot draw a distinction between prisoners who began treatment for a gender identity disorder before incarceration and those who discover their transsexual issues while in prison.

Currently, the state allows prisoners who commenced the process of gender reassignment before they were imprisoned to continue their treatment, but denies that option to inmates who seek to initiate procedures once they are behind bars.

"Surely inmates with diabetes, schizophrenia, or any other serious medical need are not denied treatment simply because their conditions were not diagnosed prior to incarceration," Judge Kahn said.

The judge made clear that he is not ordering a sex change or a specific medical regimen for Mark L. Brooks, a/k/a Jessica M. Lewis. Rather, he is requiring the state to provide medical and psychiatric services to determine the appropriate course of action.

"Prison officials are . . . obliged to determine whether plaintiff has a serious medical need and, if so, to provide him with at least some treatment," Judge Kahn said in Brooks/Lewis v. Berg, 00-CV-1433.

The ruling, which rejects a report-recommendation by U.S. Magistrate Judge Gustave J. DiBianco, arises out of a pro se action initiated by Mr. Brooks.

Mr. Brooks, a 34-year-old prisoner at Clinton Correctional Facility serving a 50-year-to-life term for a Putnam County murder, contends he was aware of his female identity since childhood but became familiar with gender identity disorder (GID) while imprisoned. GID, also known as gender dysphoria and transsexualism, is a medically and judicially recognized psychiatric disorder. Since 1998, the inmate has been seeking the diagnostic psychotherapy he believes will ultimately lead to "electrolysis, vocal chord modulation, breast implant surgery" and other procedures to complete his transformation from Mark Brooks to Jessica Lewis.

However, the state Department of Correctional Services has a policy in which it may continue therapy for prisoners who commenced the procedure before they are sent to prison, but "[d]uring incarceration transsexual surgical operations are not honored." It relied on that policy in denying treatment to Mr. Brooks.

Yesterday, Judge Kahn rejected the state's defense and held for Mr. Brooks on the grounds of due process and the strictures against cruel and unusual punishment under the Eighth Amendment of the U.S. Constitution. He said the state failed to provide "adequate treatment for [Mr. Brooks'] serious medical needs," and did not "explain the puzzling distinction that the policy makes between those inmates who were diagnosed before incarceration and those who were diagnosed after being incarcerated."

Assistant Attorney General Sean M. Seeley appeared for the state. The Department of Correctional Services declined comment.

Paul Larrabee, spokesman for the attorney general, noted that Judge Kahn dismissed almost all of the actions against individual defendants. Mr. Larrabee said the state's conduct was "reasonable and appropriate," and added that the Department of Law is considering an appeal.


TOPICS: Breaking News; Crime/Corruption
KEYWORDS: genderiddisorder
Navigation: use the links below to view more comments.
first 1-2021-35 next last
At taxpayer expense!!! The lunatics are running the asylum!
1 posted on 07/16/2003 7:02:45 AM PDT by Olde School
[ Post Reply | Private Reply | View Replies]

To: Olde School
Paging Bill O'Reilly....

Bill was excellent last night with the beserk Florida Supreme Court.

This is an excellent one for him. He hates it when taxpayer money is wasted. And he, personally, IS a NY taxpayer.
2 posted on 07/16/2003 7:09:04 AM PDT by I still care
[ Post Reply | Private Reply | To 1 | View Replies]

To: Olde School
Actually the reasoning is intellectually honest. If the system will pay for this as long as it was started beforehand, it makes perfect sense to pay for it if treatment hasn't begun, yet.
3 posted on 07/16/2003 7:27:03 AM PDT by GraniteStateConservative (Putting government in charge of morality is like putting pedophiles in charge of children.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: GraniteStateConservative
Sorry, Granite. This Wolfeboro conservative says paying for treatment of diabetes is necessary for life. Treating Joe because he thinks he's Joanne is not. Nothing crule&unusual about it, except to those who think it cruel to punish people for crimes.
4 posted on 07/16/2003 7:31:06 AM PDT by Glock22
[ Post Reply | Private Reply | To 3 | View Replies]

To: Olde School
"Surely inmates with diabetes, schizophrenia, or any other serious medical need are not denied treatment simply because their conditions were not diagnosed prior to incarceration," Judge Kahn said.

Of course, an irrational desire to mutilate one's genitals is a "serious medical need."

5 posted on 07/16/2003 7:32:17 AM PDT by mountaineer
[ Post Reply | Private Reply | To 1 | View Replies]

To: Olde School
With which gender are these "transgenders" housed?
6 posted on 07/16/2003 7:35:21 AM PDT by cinFLA
[ Post Reply | Private Reply | To 1 | View Replies]

To: Glock22
The solution is to stop funding for the reassignment surgery regardless of when it began. As long as provision is made to pay for it as long as it has begun already, it's intellectually honest to say it should be paid for regardless of when it began.
7 posted on 07/16/2003 7:54:29 AM PDT by GraniteStateConservative (Putting government in charge of morality is like putting pedophiles in charge of children.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: cinFLA
And when s/he becomes a womyn, will they put him/her in a womyn's prison? Inquiring minds need to know---and all that.
8 posted on 07/16/2003 8:34:30 AM PDT by Marysecretary (GOD is still in control!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: GraniteStateConservative
I understand your concept in theory but it is still galling. The state has limited funds to spend on medical needs. I think those who HAVEN'T committed crimes should go to the front of the line.
9 posted on 07/16/2003 8:35:19 AM PDT by Olde School
[ Post Reply | Private Reply | To 7 | View Replies]

To: Olde School
Mr. Brooks, a 34-year-old prisoner at Clinton Correctional Facility

I should've known.

10 posted on 07/16/2003 9:08:29 AM PDT by DaBroasta (Liberal democrats want terrorists to kill your children)
[ Post Reply | Private Reply | To 1 | View Replies]

To: GraniteStateConservative
If the system will pay for this as long as it was started beforehand, it makes perfect sense to pay for it if treatment hasn't begun, yet.

You cannot possibly be series?

11 posted on 07/16/2003 10:14:49 AM PDT by Michael.SF. (theclintonsarescumtheclintonsarescumtheclintonsarescum)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Olde School
prisoners who began treatment for a gender identity disorder before incarceration and those who discover their transsexual issues while in prison.

Hmmm, and I wonder what might have caused them to come to this conclusion AFTER they went to prison?

12 posted on 07/16/2003 10:18:23 AM PDT by Michael.SF. (theclintonsarescumtheclintonsarescumtheclintonsarescum)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Olde School
This is an outrage! yet I'm not surprised.....
13 posted on 07/16/2003 10:36:37 AM PDT by FeliciaCat
[ Post Reply | Private Reply | To 1 | View Replies]

To: GraniteStateConservative
If it is not something that is needed to keep this person alive, then no, we "john Q taxpayer" SHOULD NOT pay for this. I don't even care if he started the procedure before his incarceration. If he needs to complete this operation so damn badly maybe he shouldn't have committed the crime that put him there and he should just consider it part of his punishment that he brought upon himself. If his operation is delayed by a few years, he has no one to blame but himself.
14 posted on 07/16/2003 10:42:17 AM PDT by KineticKitty
[ Post Reply | Private Reply | To 7 | View Replies]

To: Olde School
A convicted killer seeking a sex change is entitled, at taxpayer expense, to medical treatment that could lead to gender reassignment, a federal judge in Albany held yesterday.

U.S. District Judge Lawrence E. Kahn said the state cannot draw a distinction between prisoners who began treatment for a gender identity disorder before incarceration and those who discover their transsexual issues while in prison.

What the bloody hell? Get that idiot off the bench and test him for illegal drugs!

When I first saw this story I thought the source was The Onion. The idea that convicted murderers should be given elective surgery by the state is too asinine to be believed.

The reason our legal system is going straight to hell is because it is run by lawyers.

15 posted on 07/16/2003 11:38:02 AM PDT by Imal (The World According to Imal: http://imal.blogspot.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FeliciaCat
No Problemo! I can do this sex change operation...hhhhmmmmmm....where is my Buck knife, anyway??????
16 posted on 07/16/2003 12:15:52 PM PDT by NMFXSTC
[ Post Reply | Private Reply | To 13 | View Replies]

To: LiteKeeper
Ping
17 posted on 07/16/2003 12:27:38 PM PDT by chance33_98 (http://home.frognet.net/~thowell/haunt/ ---->our ghosty page)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Michael.SF.; KineticKitty
I don't agree with the policy. However, it is intellectually honest to implement the stupid policy the way the judge did. The solution is to get rid of the policy.

I wish more liberals were intellectually honest (like Peter Singer) because it makes it easy to show how stupid their ideas are.
18 posted on 07/16/2003 12:47:58 PM PDT by GraniteStateConservative (Putting government in charge of morality is like putting pedophiles in charge of children.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Olde School
I say give the turd his sex change operation, but only under the condition that the victim's family gets to give it to him. Shears away!
19 posted on 07/16/2003 12:48:49 PM PDT by Frances_Marion
[ Post Reply | Private Reply | To 1 | View Replies]

To: Olde School
Jailed Killer to Get Sex Change treatment, inmates rejoice..

ROFLMAO!
20 posted on 07/16/2003 12:49:54 PM PDT by a_Turk (Lookout, lookout, the candy man..)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-35 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson