Transgendered and the penal system

[peggygee]

Do transgender prisoners have a right to be housed in a facility consistent with their gender identity?

http://www.nclrights.org/publications/tgprisoners0804.htm

Transgender people who have not had genital surgery are generally classified according to their birth sex for purposes of prison housing, regardless of how long they may have lived as a member of the other gender, and regardless of how much other medical treatment they may have undergone1 - a situation which puts male-to-female transsexual women at great risk of sexual violence. Transsexual people who have had genital surgery are generally classified and housed according to their reassigned sex. One mechanism that is sometimes used to protect transsexual women who are at risk of violence due to being housed in male prisons is to separate them from other prisoners.

This is referred to as "administrative segregation." On the positive side, placing a transgender or transsexual woman in administrative segregation may provide her with greater protection than being housed in the general population. On the negative side, however, administrative segregation also results in exclusion from recreation, educational and occupational opportunities, and associational rights.2 Such exclusion may violate the constitutional rights of prisoners if the conditions of segregation are excessively harsh.3 Furthermore, administrative segregation does not protect transgender prisoners from abuse at the hands of guards and may even lead to increased exposure to violence.4

What protections are available to transgender prisoners who are victims of violence in prison?

Prison officials are required to protect prisoners from violence at the hands of other prisoners. Prison officials who display a "deliberate indifference" to this duty violate the Eighth Amendment prohibition of cruel and unusual punishment. The U.S. Supreme Court adopted a narrow definition of "deliberate indifference" in the case Farmer v. Brennan, which involved a male-to-female transsexual who was badly beaten and raped by her male cellmate in a maximum security prison.5 The Court declined to adopt an objective rule that would hold a prison official liable for violence inflicted on a prisoner when the risks are obvious enough that the official "should have known" the prisoner was in danger.6 Instead, the Court ruled that, to violate the Eighth Amendment, an official must have actual subjective knowledge that the prisoner is at risk of violence and deliberately fail to act on that knowledge.7

Do transsexual prisoners have a right to obtain hormone therapy while in prison?

At least one state, Wisconsin, has a law expressly prohibiting the use of government funds to provide hormone therapy or sex reassignment surgery for prisoners.8 In states that do not explicitly prohibit such treatment, some transsexual prisoners have been able to receive hormone treatment in prison.9 Many prisons only provide hormone treatment to individuals who had been receiving such treatment before incarceration.10 However, some prisons consider providing hormones to prisoners who had not received hormones before incarceration on a case-by-case basis.11 The policy of the U.S. Bureau of Prisons is to provide hormones at the level that was maintained prior to incarceration. Specifically, the policy provides:

Inmates who have undergone treatment for gender identity disorder will be maintained only at the level of change which existed when they were incarcerated in the Bureau. Such inmates will receive thorough medical and mental health evaluations, including the review of all available outside records. The Medical Director will be consulted prior to continuing or implementing such treatment. The Medical Director must approve, in writing, hormone use for the maintenance of secondary sexual characteristics in writing.12
The above language suggests that exceptions may be possible in individual cases to allow the initiation of hormones or other treatment where the prisoner had not received such treatment prior to incarceration, so long as the treatment is recommended as medically necessary by prison medical personnel and then approved by the Medical Director.13

Even if the prison does provide hormones, however, there is no guarantee that they will be provided at the appropriate levels and with the necessary physical and psychological support services.14 In addition, it is often difficult for transsexual prisoners to document a prior prescription for hormones, either because of the practical difficulties and limitations imposed by incarceration, or because many transsexual prisoners are indigent and do not have private physicians willing to advocate for them. Moreover, even when transsexual prisoners are able to provide sufficient documentation, prison officials may disregard or flout the policy. A prisoner's access to hormone treatment may also be impeded if a prison psychologist does not believe that the prisoner is transgender.15

The issue of whether a transsexual person is entitled to hormone therapy while in prison has been litigated extensively, based on the established constitutional principle that it is a violation of the Eighth Amendment prohibition on cruel and unusual punishment for prison officials to exhibit "deliberate indifference" to a prisoner's "serious medical needs."16 Until the last several years, in almost every case, courts have ruled in favor of prison officials.17 More recently, however, prisoners have had more success.18

[peggygee]

Being arrested, has many ramifications. You may be fined, put on probation, parole, continued without a finding, sentenced to house arrest, and many variations on that theme, depending on the jurisdiction, you live in and the court that adjudicated your case.

As regards where you may actually end up if you are placed behind bars.

Depending on the nature of the crime, if it warrants it you will be held in the precinct, sheriffs office, State police barracks, or federal detention center, until you can see a judge, or are deemed worthy of bail.

Once, before the judge you are arraigned formally charged, and then are either released in your own personal recognizance, allowed to post bail, or remanded by the court and held for trial.

Again depending on the severity of the offense, you may end up in:

A county jail, house of corrections to await trial, or to serve your sentence

If convicted you may perhaps end up in a prison (Attica, San Quentin, Joliet, Angola, Walpole, Pelican Bay, Rahwway, just to name a few).

Even within the prison sysstem there are degrees of prison from minimum to maximum security, and even what are known as 'super max' for very severe prisoners and crimes.

Then of course there is the Federal prison system, again mini, med, and maximum.
Think Martha Stewart versus Al Capone, though prison he was held in Alcatraz is now a tourist attraction.

As a pre op TS/TG woman, you would serve your time in a male prison. For your safety, you would most likely be segregated with other gay, transwoman, prison snitches, and other people who are at risk in the penal environment.

Piss off a guard, and you will very likely end up back in the general population (gen pop) with a very, very bad person as a cell mate.

As a post op woman, you go to a womens prison, period.

However that is not a picnic either, and you may be isolated for your own protection there as well.

Bottom line sweety, stay the fuck out of jail, you won't like it, IF you survive it.

Also, get better legal counsel, than some clerk that answers the phone at City Hall, and who may or may not have understand your question, or know the answers.

[peggygee]

http://i92.photobucket.com/albums/l2/magi43/jail.jpg

[Jericho]

Just to add to this.
If a partner, friend, family member, should wind up inside, there's a wealth of practical information here:

http://www.prisontalk.com/forums/index.php

[peggygee]

Just to add to this.
If a partner, friend, family member, should wind up inside, there's a wealth of practical information here:

http://www.prisontalk.com/forums/index.php

Thanks Jericho.

Here's a direct link to the GLBT page.

http://www.prisontalk.com/forums/forumdisplay.php?s=4549897da5a9cd7fda060dda1defaaa 3&f=192


http://i92.photobucket.com/albums/l2/magi43/jail2.jpg

[Perverted Monk]

I heard that T's don't get bothered because they may become involved with a dominant male there. I also heard about cats fighting over T's.

[THATSMISSJUNECUZYANASTY]

I heard that T's don't get bothered because they may become involved with a dominant male there. I also heard about cats fighting over T's.
What you "hear" and what is reality are sometimes two completely different things ,Perverted. I recommend people interested in this topic to check out the film "Cruel and Unusual" it is a documentary that chronicles the lives of five transgender women in the men's prison system. It is extremely interesting...eye-opening, and personally disturbing (as I have a young trans woman friend who had recently experienced severe trauma while she had been incarcerated in a men's prison. )
Check out the film's website at http://www.cruelandunusualfilm.com/
And I sincerely thank you ...Peggy... for posting yet another thought provoking thread/issue that is rarely discussed but is yet and still- a sad reality that can -at any time- be faced by any member of the transgender community.
~MiSs JuNe~

[peggygee]

I heard that T's don't get bothered because they may become involved with a dominant male there. I also heard about cats fighting over T's.
What you "hear" and what is reality are sometimes two completely different things ,Perverted. I recommend people interested in this topic to check out the film "Cruel and Unusual" it is a documentary that chronicles the lives of five transgender women in the men's prison system. It is extremely interesting...eye-opening, and personally disturbing (as I have a young trans woman friend who had recently experienced severe trauma while she had been incarcerated in a men's prison. )
Check out the film's website at http://www.cruelandunusualfilm.com/
And I sincerely thank you ...Peggy... for posting yet another thought provoking thread/issue that is rarely discussed but is yet and still- a sad reality that can -at any time- be faced by any member of the transgender community.
~MiSs JuNe~

Thank you as well Miss June. http://i92.photobucket.com/albums/l2/magi43/thumbsup.gif

And I will put 'Cruel And Unusual' on my Netflix
lists as a must see film.

[peggygee]

I've heard a few stories about girls getting locked up. None of the stories have been pretty by any stretch of the imagination. Thankfully, I've never heard of anyone being hurt or killed in jail. Still, for a Tgirl to be placed in a male prison presents too many issues. I've heard that solitary confinment is an opinion, but most people can't stand to be along that long. I could.

Here in Philadelphia, transsexuals don't seem to be valued or views very highly (especially by police in the gayborhood). I've heard from various sources, if you get locked up...

If you aren't sporting your own natural hair...They make you cut out your weave or they'll do it for you

If you have fake nail, you have to take them off or again, they'll do it for you

They perform a strip search and you WILL be in front of the male population when that happens

The list goes on...

I lived in Philly briefly, back in the day.

I wasn't aware that this level of mistreatment was
occuring.

Will look into it.

[sdman]

I've heard a few stories about girls getting locked up. None of the stories have been pretty by any stretch of the imagination. Thankfully, I've never heard of anyone being hurt or killed in jail. Still, for a Tgirl to be placed in a male prison presents too many issues. I've heard that solitary confinment is an opinion, but most people can't stand to be along that long. I could.

Here in Philadelphia, transsexuals don't seem to be valued or views very highly (especially by police in the gayborhood). I've heard from various sources, if you get locked up...

If you aren't sporting your own natural hair...They make you cut out your weave or they'll do it for you

If you have fake nail, you have to take them off or again, they'll do it for you

They perform a strip search and you WILL be in front of the male population when that happens

The list goes on...

What do you think would happen to you Mysticevolution if you ever got locked up in males prison? Do you think you would be able to keep the guys away from you or do you think they'll have their way with you?

[BlackAdder]

The cops in filthadelphia are thugs....they will say or do anything at all at any time to anyone they damn well please, unless you can name drop or are related to someone they cant afford to piss off.

And even the body builder tgirls would be takin it if they ever had the misfortune of being locked up in a state or federal prison....Some of the dudes up at Graterford are one small step up from animals. Yard Apes i believe there called.

[Somedude21]

What do you think would happen to you Mysticevolution if you ever got locked up in males prison? Do you think you would be able to keep the guys away from you or do you think they'll have their way with you?

...the hell kind of question is that?

[Legend]

What do you think would happen to you Mysticevolution if you ever got locked up in males prison? Do you think you would be able to keep the guys away from you or do you think they'll have their way with you?

You sound like the moron that sent her that crazy message tell you what why don't you take your perverted fantasies and go see a damn psychologist wacko.

[Thor57]

tough times

[peggygee]

tough times


I'm sorry, but that's the 'penile' system.

And it looks like they're doing 'hard' time.

:oops:

[Somedude21]

Relating to the topic, I have to say that I had no idea that things were that bad for Transsexuals in the penal system. Makes me want to be a lawyer now more than ever, if only so I can help change the system.

[sdman]

I've heard a few stories about girls getting locked up. None of the stories have been pretty by any stretch of the imagination. Thankfully, I've never heard of anyone being hurt or killed in jail. Still, for a Tgirl to be placed in a male prison presents too many issues. I've heard that solitary confinment is an opinion, but most people can't stand to be along that long. I could.

Here in Philadelphia, transsexuals don't seem to be valued or views very highly (especially by police in the gayborhood). I've heard from various sources, if you get locked up...

If you aren't sporting your own natural hair...They make you cut out your weave or they'll do it for you

If you have fake nail, you have to take them off or again, they'll do it for you

They perform a strip search and you WILL be in front of the male population when that happens

The list goes on...

What do you think would happen to you Mysticevolution if you ever got locked up in males prison? Do you think you would be able to keep the guys away from you or do you think they'll have their way with you?

First off...it's MYSTIQUEVOLUTION. If YOU are going to address me, do it properly!

Second...stalking me again I see. People of at least minimal intelligence eventually learn when to give it up. So what's your problem?

Lastly...regarding your question...FUCK YOU!

Have a nice day!

Stalking you?

I really didn't want to say this mystiquevolution but i'm really not into Black Trannies. There are very few that I find attractive.

[sdman]

What do you think would happen to you Mysticevolution if you ever got locked up in males prison? Do you think you would be able to keep the guys away from you or do you think they'll have their way with you?

You sound like the moron that sent her that crazy message tell you what why don't you take your perverted fantasies and go see a damn psychologist wacko.

Sorry but she really is not my type so it was not me! :evil:

[ragendude]

I can only speak from experience and while it is true that a Trans gender Person is possibly in danger of abuse whether it be violence or sexual assault (which is also violence) when housed inside a correctional facility or Penitentiary so do many others who are incarcerated as well (i.e. gays, young men, old men, people who are not physically strong, police informants, gang members who no longer wish to associate with the gang (called drop outs). Inside the penitentiary in California they can no longer segregate due to sexual preference because of a lawsuit claiming that the CDC was violating gays constitutional rights by segregating them. The lawsuit was initiated by gay convicts. But as a TS or gay or any of the above aforementioned a convict can "go PC" protective custody claiming fear for their life or enemies within the system and they will be housed in a separate part of the facility but not specifically with gays or TGs just with other PCs. But many gays and TGs are walking the main yards in Calif. Prisons. I know because I just got out of the infamous CIM Chino in Late October and there were numerous TGs and gays walking the yard. Races are how the inmates separate themselves, White , Black & Asian, Southsider (Hispanics from US) Paisas (Mexicans & Other Immigrant Latinos) but many of the Gays have started their own "car". Now some gays & TGs don't want to ride in the gay car so they stick with their own race. But the white race in prison is very intolerant of homosexuals and if you are openly gay you are at risk of persecution from within the white car even more so if they know you have HIV. Many choose to walk the yard as just any other white convict.
LA County Jail (the largest prison facility in the free world based on inmate population of well over 15,000 inmates at any given time) has chosen to segregate the homosexuals in separate Dormitories. the Security status for a homosexual inmate is labeled K-11 (K stands for keep away). The K-11 dorms do not interact with the general population at all. The variance of individuals categorized as K-11 runs the gamut from thug butch rough trade to Pre Op TS who look like women , to everything in between. All housed together in 3 dorms that sometimes take on the appearance and atmosphere of a bath house. Races mix, share food, have sex openly shower together etc. And since the deputies want to have as little to do with the K-11s they are not even thoroughly searched when being booked so many of the drugs that enter the facility are brought in by gay inmates. It is quite an experience.

Remember Porn Star Sylvia Boots is doing 25 to life in California

[sdman]

I've heard a few stories about girls getting locked up. None of the stories have been pretty by any stretch of the imagination. Thankfully, I've never heard of anyone being hurt or killed in jail. Still, for a Tgirl to be placed in a male prison presents too many issues. I've heard that solitary confinment is an opinion, but most people can't stand to be along that long. I could.

Here in Philadelphia, transsexuals don't seem to be valued or views very highly (especially by police in the gayborhood). I've heard from various sources, if you get locked up...

If you aren't sporting your own natural hair...They make you cut out your weave or they'll do it for you

If you have fake nail, you have to take them off or again, they'll do it for you

They perform a strip search and you WILL be in front of the male population when that happens

The list goes on...

What do you think would happen to you Mysticevolution if you ever got locked up in males prison? Do you think you would be able to keep the guys away from you or do you think they'll have their way with you?

First off...it's MYSTIQUEVOLUTION. If YOU are going to address me, do it properly!

Second...stalking me again I see. People of at least minimal intelligence eventually learn when to give it up. So what's your problem?

Lastly...regarding your question...FUCK YOU!

Have a nice day!

Stalking you?

I really didn't want to say this mystiquevolution but i'm really not into Black Trannies. There are very few that I find attractive.

Yes, stalking me! Every post I make, you have something to say regarding my sexual orientation. Give it a rest already. As far as you not being into black transsexuals...who said I was black?

You're really crazy if you think you're not black? You're not going to fool anyone in here into think youre anythign other than that!

[Jericho]

I can only speak from experience ...snip...

Good Post.

[Thor57]

hardcore

[ILuvGurls]

Relating to the topic, I have to say that I had no idea that things were that bad for Transsexuals in the penal system. Makes me want to be a lawyer now more than ever, if only so I can help change the system.

come on guy open your eyes, they will rape and pillage a man in prison what did you think they would do to a TG?

[TheOne1]

correctional facilities are run based around 10A law... including how they classify inmates... they cannot put all transgendered, gay, or lesbian convicts in protective custody (not admin seg., that is for inmates who break the rules of the facility mostly). there is all different types of housing in facilities. there are arian brotherhood gang members co-exsisting with blood members...and also different status housing, min, medium, max...based on the charges. so if a transgendered individual commits 20 murders, and they put them in pc with guys who are in there for forgery or a non-violent crime, arent they at risk now?

[sdman]

If MYSTIQUEVOLUTION is crazy enough to say she's not black it's possible that she made up that whole email thing just for some attention?

[DarkVision]

the immaturity of certain have spoiled a informative thread

[peggygee]

If MYSTIQUEVOLUTION is crazy enough to say she's not black it's possible that she made up that whole email thing just for some attention?

http://i92.photobucket.com/albums/l2/magi43/hijacked.jpg

[hardonjohn]

i know in new york, legally a tgirl would be identified as a male, but the safety of all prisoners is the responsibility of the jail. ordinarily jail deputies would have the good sense of putting a tgirl in a solitary holding cell. as far as serving a sentence though, i dont know

[peggygee]

California Allowing Gay, Lesbian Conjugal Visits for Inmates
Saturday, June 02, 2007

http://i92.photobucket.com/albums/l2/magi43/news.jpg


SACRAMENTO, Calif. — California has begun allowing overnight visits for gay and lesbian partners of prison inmates to conform to the state's domestic partnership law.

California is one of just six states that allow overnight family visits, which take place in trailers or other housing on prison grounds. But attorneys, gay rights advocates and corrections officials said they know of no other state that permits conjugal visits by same-sex partners.

"Historically, these types of requests were denied," said Terry Thornton, a spokeswoman for the California Department of Corrections and Rehabilitation. "Homosexuality is a touchy subject in prison. We don't want people to come to harm in prisons, but we need to comply with the law."

Since the 1970s, immediate family members have been able to visit many prison inmates for up to three days at a time.

The privilege is being expanded to registered domestic partners under a law signed by former Gov. Gray Davis that took effect in 2005. It requires state agencies to give the same rights to domestic partners that heterosexual couples receive.

"This was one of the issues raised at the time. It's unfortunate that it's taken the Department of Corrections so long to comply with the law," said Geoffrey Kors, executive director of Equality California.

Thornton said the Corrections Department had already started examining its policies last year when the issue drew the attention of the American Civil Liberties Union.

Vernon Foeller had requested an overnight visit from his partner a year ago while he was serving an 18-month sentence at the California Medical Facility in Vacaville for an attempted burglary conviction. When his request was denied, Foeller complained to the ACLU.

"To tell a couple like my partner and I that we weren't eligible, that to me is absolute discrimination," Foeller said in a telephone interview.

Foeller, who was paroled in April and lives in Sacramento, registered his domestic partnership in August 2005, before he was incarcerated.

"You have a condition of unequal treatment," ACLU staff attorney Alex Cleghorn said. "They were being denied something for which they were eligible."

The new regulations permit visits only by registered domestic partners who are not themselves in custody, and the domestic partnership must have been established before one of the partners went to prison.

The policy will formally take effect later this year, but the department already is complying. Foeller was allowed an overnight visit with his partner in December.

"I got to spend 2 1/2 days one-on-one with my partner, my best friend, my confidant, my life partner. It wasn't about the sex," Foeller said. "You can actually just relax and get to know your partner again."

Overnight visits allow inmates to remain connected to their families and help prepare them for their eventual release, Cleghorn said. There is no record of how many domestic partners are serving prison terms.

Family visits are not permitted for condemned inmates, inmates serving life without parole or those who have not had a parole date set, or for sex offenders. Inmates serving time for a violent offense against a minor or a family member also are ineligible.

Randy Thomasson, president of the Campaign for Children and Families, objects to conjugal visits for both gay and straight inmates.

"These are unsupervised sex visits in trailers or rooms, and the guards can't go in there," Thomasson said. "It's the main way of smuggling contraband for some of these inmates."

Inmates also can spread sexually transmitted diseases, regardless of their sexual orientation, he said.

[LG]

I'm not sure if this has been posted:
-----------------------------------------

Transgender Inmate Sues Over Prison Rape
LISA LEFF
The Associated Press

SAN FRANCISCO - Alexis Giraldo was born as a man but lives life as a woman. She takes hormones to feminize her appearance, a fact she says prison officials didn't care about even as her male cellmate repeatedly raped and beat her.

Now free on parole, Giraldo is suing the state prison system and several guards over the state's policy of assigning transgender inmates to men's or women's prisons depending on whether they have had a sex change.

"Prisons are violent places, and male prisons are especially violent places," said Greg Walston, a lawyer who took Giraldo's case for free and asked a jury this week for unspecified damages. "You take that boiling cauldron and you put one woman in there , which is exactly what happened here , and it's like throwing a fresh piece of meat into a lion's cage."

Giraldo, 30, claims Folsom State Prison guards ignored her complaints and returned her to the same cell until she was assaulted again, then placed in protective custody and moved to another facility.

Giraldo is suing the California Department of Corrections and Rehabilitation for emotional distress and violating her constitutional right to be free from cruel and unusual punishment. She has asked Superior Court Judge Ellen Chaitin to order prison officials to come up with a new system for housing transgender inmates.

The Associated Press has a policy of not naming people alleging sexual assault. However, Giraldo has spoken out publicly and has been identified by a transgender rights organization that is advocating for her.

Several counties in California, including San Francisco, have created separate units specifically for transgender prisoners. But like other states and the federal Bureau of Prisons, California assigns inmates to prisons based on their genitalia rather than physical appearance.

Biological men who dress and act like women but have not had sex reassignment surgery can be assigned to a psychiatric prison like the one to which Giraldo eventually transferred or the general population of a regular men's prison, according to Walston.

The California attorney general's office, which is representing the corrections department and Folsom staff members also named as defendants in the lawsuit, said Friday it would not comment on the case.

Briefs filed by the state argue that Giraldo initially was in a consensual sexual relationship with her cellmate in violation of prison policy, did not report specific rape claims and refused offers to be moved to a different cell. Once she made it clear her cellmate was sexually assaulting her and prison staff found strangulation marks on her neck, she was removed to protective custody, the state maintains.

"Plaintiff alleges that he informed prison staff on a number of occasions about these events. However, the documentation maintained by prison personnel , including some of the defendants in this case , does not bear out these assertions," the state's brief states.

Teda Boyll, a retired guard and supervisor in California, testified for Giraldo as an expert witness Friday, saying that in her opinion Folsom officials failed to adequately investigate Giraldo's concerns and assure her safety.

"There are some warning signs," Boyll said. "When an inmate says, 'I am getting pressured for sex,' it means it is already happened or it is imminent he will have to provide nonconsensual sex to another inmate."

Giraldo was sent to Folsom for shoplifting and a parole violation in January 2006. She spent three months in the general prison population and another four in a single cell away from other inmates. She remained in the medical prison until she was paroled this month.

She testified Friday that she voluntarily had sex with her former cellmate, Jorge Villavacencio, for a couple of weeks but that she changed her mind after he became violent and possessive. She said that she informed a psychologist and at least three guards about her circumstances, but that they did not take them seriously.

"I'm like scared and frustrated that this happened to me," Giraldo said from the witness stand. "I'm a woman who got raped. ... I feel like people know and think of me as dirty. I feel dirty."

Villavacencio has denied raping Giraldo and is scheduled to testify for the state.

Valerie Jenness, a University of California, Irvine, criminologist who recently studied sexual assaults in California prisons, testified that 59 percent of the state's transgender inmates have reported being sexually assaulted, compared with 4 percent of the general prison population.


http://media.philly.com/images/300*200/af432f21-7551-41e7-beb3-40d43fbabc3b.jpg
Alexis Giraldo, 30, is photographed at the Superior Court of California in San Francisco, Friday, July 20, 2007. Giraldo, a transgender person who claims she was repeatedly raped and beaten by a male cell mate, went to court this week to challenge a state policy that assigns inmates like her to men's or women's prisons depending on whether they have undergone sex change surgery. (AP Photo/Jeff Chiu)

[peggygee]

Transgender Inmate Settles Civil Rights Suit with OC


http://i92.photobucket.com/albums/l2/magi43/jail7.jpg

A transsexual inmate was harrassed –
and now gets 50,000 dollars for the pain he suffered.

John Doe, a 2005 inmate of the Orange County Jail, successfully settled a civil rights suit against the County resulting in significant policy changes and a settlement sum of close to 50,000 dollars. Doe, represented by San Diego law firm Stock Stephens, LLP and the Transgender Law Center (TLC), alleged denial of medical care and gender identity harassment in the suit. The resulting policy changes will formalize policies regarding provision of hormones to transgender inmates and training for medical and corrections staff.

"This settlement is a huge win for our client and for transgender people throughout Orange County," said Mattheus Stephens, Partner with Stock Stephens, LLP. "We signed on to this case because we were appalled by the way our client was treated and believe that this settlement goes a long way towards guaranteeing that the County takes seriously the needs of transgender residents."

"Transgender prisoners around the state and nation are at high risk for abuse and denial of medical care," said Christopher Daley, TLC Director. "We're proud to have worked with Doe and Stock Stephens to not only reach resolution for the harm Doe suffered, but also to have successfully worked with Orange County officials to move forward on these important safety issues. We look forward to working with the County over the next year to implement the terms of the settlement."

In reaching this settlement, the County denied all wrong doing. Doe and his attorneys were impressed by the County's willingness to engage on these issues and their clear commitment to making the agreed upon policy changes.

Transgender Law Center (www.transgenderlaw center.org) , founded in 2002, provides free legal services to transgender people throughout California and works with community members and partnering organizations on cutting-edge transgender rights policy initiatives.

[BBaggins06]

I'm not sure if this has been posted:
-----------------------------------------

Transgender Inmate Sues Over Prison Rape
LISA LEFF
The Associated Press

[i]SAN FRANCISCO - Alexis Giraldo was born as a man but lives life as a woman. She takes hormones to feminize her appearance, a fact she says prison officials didn't care about even as her male cellmate repeatedly raped and beat her.




The verdict is in :

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/08/03/BAEURC7QN2.DTL

[peggygee]

I'm not sure if this has been posted:
-----------------------------------------

Transgender Inmate Sues Over Prison Rape
LISA LEFF
The Associated Press

[i]SAN FRANCISCO - Alexis Giraldo was born as a man but lives life as a woman. She takes hormones to feminize her appearance, a fact she says prison officials didn't care about even as her male cellmate repeatedly raped and beat her.




http://i92.photobucket.com/albums/l2/magi43/chronicle_logo.gif

The verdict is in :

http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/08/03/BAEURC7QN2.DTL

Thank you BBaggins06 for bringing this to our attention. :wink:

http://i92.photobucket.com/albums/l2/magi43/chronicle_logo.gif


Transgender ex-inmate loses suit against prison employees
They were accused of failing to protect prisoner from rape
Demian Bulwa, Chronicle Staff Writer

Friday, August 3, 2007

San Francisco civil jury ruled Thursday in favor of six Folsom State Prison workers accused of failing to protect a transgender inmate from being raped by a cellmate.

The jury deadlocked on a seventh employee, a sergeant, causing a mistrial in his case.

Alexis Giraldo, 30, was born a man but takes hormones to feminize her appearance. Convicted of burglary in 2005, she ended up in Folsom, which like other state prisons does not have policies on housing transgender inmates.

Giraldo said she was raped on March 12, 2006, by her cellmate. Two days earlier, she told a clinical social worker that the cellmate was abusive and had become sexually demanding, according to the social worker's notes.

Giraldo's attorney, Greg Walston, called it a clear indication of rape, and said his client made several cries for help that were not answered. She sued seven guards, counselors and nurses for intentional infliction of emotional distress.

But Deputy Attorney General Jose Zelidon-Zepeda said there was no evidence of violence in Giraldo's communications with guards, counselors and nurses.

He pointed out that Giraldo had also engaged in consensual sex with her cellmate, argued that many of her assertions were contradicted by evidence, and attacked her credibility, saying her lawsuit was driven by greed.

Seven jurors voted to hold the seventh employee, Sgt. Darrel Ayers, responsible for inflicting emotional distress on Giraldo. But in civil trials, nine votes are needed for the plaintiff to win damages. Walston - who said he is considering whether to retry the case - had argued that Ayers failed to act after being told of Giraldo's complaints.

Giraldo had asked Judge Ellen Chaitin to order the prison system to come up with a policy to protect transgender inmates. But the judge dismissed the claim, saying Giraldo did not need relief because she was recently paroled. And, the judge said, Giraldo cannot speak for other inmates.

In a statement after the verdict, Zelidon-Zepeda said the defendants were gratified. He said the state Department of Corrections "would like to emphasize that it remains committed to ensuring the safety of every inmate within its custody."

A state prisons spokesman said the system cannot, by law, segregate inmates based on their transgender status. However, he said most transgender inmates have been sent to prisons with medical units that can better accommodate their needs.

The prison system does not provide sex-change surgery during incarceration. It will not initiate hormone treatments, a spokesman said, but will continue them if a new inmate has already begun receiving them.

E-mail Demian Bulwa at dbulwa@sfchronicle.com.

[Steve-Oh]

I just read the Sylvia Boots story:

http://p076.ezboard.com/So-what-happened-to-Sylvia-Boots/fbutchdykeboy5326frm7.showMessage?topicID=751.topi c

What a tragic miscarriage of justice!
Anyone who has been harassed, shot and subsequently threatened like Sylvia has every right to protect themselves.
What happened to her could happen to any of us.
Is there any news on her appeal?
This corrupt justice crap just boils my blood!!!!!!
Can anything be done to help?

[alphanumeric]

up here in canada we're a bit more liberal, not much mind you, but still.

One of my friends had been arrested in Alberta I guess you could say canada's version of your "deep south". and she spent three months in the remand since she hadn't been convicted of anything, and remand is where your held pending trial.

now there she was held in medical, away from the general population. although she did eventually earn the priveledge of being on the cleaning crew.

Now she hated being in medical. as thats where all the real crazies are held and she hated being around them.

But when she did her cleaning duties on the other floors (keep in mind the rest of the prisoners were in lockdown while she cleaned their block) she said she was being harrased constantly, either sexually or "being called faggot etc," or told what they would do to her is she ever was sent to their block.

I now currently have another friend serving three months (she's due to get out middle of next month.) and she too is in either Isolated or restricted confinement, but again this basically means she isn't free to move around as much of the general populace is allowed either so she is not too happy either.

But that is how it stands in Canada. I'm not too certain how it is handled at the federal level, but I'm sure it would be similar.

[justatransgirl]

I think the problem is the separation of people who really should not be in jail in the first place, TG or otherwise.

I'm talking about people who have consenting sex with adults in private, people who's only "crime" is the illness of drugs, someone who ignored their 36 parking tickets, etc.

If you get caught robbing a bank it may be a different story. I don't want predators on the street either, regardless of their gender. But America has forgotten that prison is designed to protect society from dangerous people. Instead it's become a place to torture and punish the common man at will.

In 2004 - 1,145,000 adults were convicted of crimes in the US and 70% sent to serve time. That's one in ever 300 people. Let's assume 1/2 the country is really old or under 18 - so that's one in 150 people who go to jail EVERY YEAR!

That means in 60 years you have like a 50-50 chance of going to jail.

Yes I know my percentages are highly inaccurate - please don't beat me up - my point is it's a hell of a lot of people any way you look at it and many don't deserve to be there.

Unless you stay home, don't drink, don't speed, don't have to sell your body for sex, don't piss anybody off, don't stick up for yourself, etc. it's not a matter of IF you will go to jail but WHEN and for how long.

This is an issue for everyone. Especially as general civil rights errode in this country. (I wonder how long it will be until people like myself and Peggy are picked up for speaking out...)

So let's hope that before it's your turn, or mine, that we force the government to provide civil rights and protection to TG people.

It's not right for TG people sent to jail for minor "crimes" or non-crimes like solicitation where they are then often raped and infected with an hiv death sentence. This is a major issue to me anyway. I think this is one area where legislation could be forced, i.e. cruel and unusual punishment.

I can't imagine if I was put in jail and denied hormones, and female hygiene and clothing. I'd kill myself.

I'm sorry I have to go now, this is too depressing.

Hugs,
TS Jamie :-(

[jamans]

Bottom line sweety, stay the fuck out of jail, you won't like it, IF you survive it.



That pretty much says it all, no matter who you are...TS/TG/gay/straight & everything in between.

A while back I had a discussion with some friends....is the largest deterrent about going to prison the isolation, or the fear of being harrassed/molested?

[62des]

Boohoo a transgender got raped. What about the pussy guys in there that can't fight. Where's their justice? Shit even the hardcore dudes get it sometimes when they are ganged up on. Its a part of prison.

[peggygee]

*Development Associate Sought by Stop Prisoner Rape*

Stop Prisoner Rape (SPR) is an international human rights organization
that seeks to end sexual violence against men, women, and youth in all
forms of detention. Based in Los Angeles, SPR works to: promote policies
that ensure institutional accountability for prisoner rape, transform
ill-informed public attitudes about sexual violence in detention, and
provide access to resources for survivors of this type of violence. SPR
is recruiting a Development Associate to advance the strategic
fundraising goals of the organization.

Job description:
• Help to develop and oversee the implementation of strategic
fundraising campaigns.
• Lead SPR’s outreach efforts to current and new foundation donors.
• Help to strengthen and expand SPR’s private donor base.

Qualifications:
• Exceptional written communications skills.
• Bachelor of arts degree in social science, communications or related
field.
• Minimum 4 years of relevant professional writing/non-profit
experience.
• Commitment to protecting human rights for all people and comfort with
discussing sexual violence issues.
• Ability to multi-task under deadlines, perform complex analytical
work, and advance organizational views authoritatively.

Activities will include but are not limited to:
• Conceptualize and write complex foundation grant proposals and letters
of inquiry.
• Write progress and final reports to current foundation donors.
• Identify and conduct research into potential new foundation donors.
• Respond to queries and requests for information from private donors
and the public.
• Write thank you letters to private donors.
• Coordinate fundraising mailings to private donors and foundations.
• Provide support as needed to the Executive Director.

Salary commensurate with experience. SPR offers excellent benefits and
generous paid vacation. Position will be filled as soon as possible.
People of color, men, and LGBT candidates are encouraged to apply.
Please email cover letter, resume, and brief writing sample (3 pages
max) to info@.... No phone calls please. To learn more about the
organization visit www.spr.org.

[yodajazz]

....

This is an issue for everyone. Especially as general civil rights errode in this country. ...

I have said it before. The religious people say they want to protect 'Christian values', and that the US should be more Christian. One value taught by Christ was forgiveness. Yet the US is the most punishment oriented country in the world, locking up a greater percentage of it citizens. Where are the religious people preaching more forgivness?

One truthful answer is like HA members, they are too preoccupied with sex and reproduction issues that are the result of sex. But this thread is about the moral issue of treating people fairly. Christ once said "that which you do to the least of my brethren, you do unto me."