A transgender woman in Ohio is behind bars because of charges that related
to forgery and theft, and she has now filed a lawsuit because she is not
getting her hormone treatments. She is being held at the Mansfield Correctional
Institution. Her sentence is for three years.
The woman had been getting this treatment for more than two decades, starting
back in 1999, but it was stopped in 2012. The authorities put a halt to
it in February at the recommendation of a prison psychiatrist. The psychiatrist
decided that the medical criteria that related to gender dysphoria were
not met in the woman’s case.
The woman has stated that her rights, which she is granted under the 8th
Amendment, are being violated since she is not being provided with the
medical treatment that she needs. However, the state did not agree —
despite a federal ruling along similar lines — and said that her
rights were not being violated.
However, it was noted that the actions could constitute medical malpractice.
The case is still in the early stages, so it is not clear if the woman
will pursue medical malpractice charges or if she will continue to fight
for the charges relating to her rights.
Even those who are in prison are granted rights that cannot be violated.
Those who believe that their rights have been taken away from them due
to medical decisions that they cannot control may want to look into the
possibility of a lawsuit as a recourse. Simply being in jail for a previous
crime does not mean that all basic rights are lost.