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.