(UPDATE: Trans prisoner paroled) Federal appeals court orders Virginia trans inmate’s sex reassignment surgery lawsuit to proceed

Ophelia Azriel De'lontaTHE GUERRILLA ANGEL REPORT — UPDATED – Jan. 18, 2014: Ophelia Azriel De’lonta is to be paroled. From the Associated Press:

“A Virginia prison inmate who has asked a federal judge to force the state to pay for a sex-change operation has been granted parole, the chairman of the Virginia Parole Board said Thursday. Ophelia De’Lonta remains in custody at Buckingham Correctional Center pending approval of her home plan and conditions of release. . . .”

Parole for Va. inmate seeking sex-change surgery – The Washington Post.

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Original article: The 4th U.S. Circuit Court of Appeals unanimously reinstated a lawsuit that was previously tossed out by a lower court, which will now allows trans inmate Ophelia Azriel De’lonta to proceed with her case against the state of Virginia to allow her to undergo sex reassignment surgery.

De’lonta attorneys argued that to deny her the surgery amounted to “cruel and unusual” punishment — a violation of the Eighth Amendment. The court did not order the surgery but ruled the case was viable and the previous judge was wrong for tossing it. The case now goes back down to district court for further proceedings. De’lonta is in prison for bank robbery with a 73 year term.

4th Circuit Judge Albert Diaz: “The disease is “characterized by a feeling of being trapped in a body of the wrong gender . . . In these cases, the surgery is not considered experimental or cosmetic; is it an accepted, medically indicated treatment.”

The “cruel and unusual punishment” claim is the same one that recently won Mass. inmate Michelle Kosilek an order from a judge requiring the state to give her the surgery (now being appealed). More on Kosilek: http://lexiecannes.wordpress.com/?s=Michelle+Kosilek

Case #:  De’lonta v. Johnson et al., No. 11-7482.

More on the De’lonta case:  Federal appeals court reinstates prisoner’s sex-change lawsuit | Reuters.

Ophelia Azriel De'lonta

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Here’s a transgender feature film that I’d be honored if you watched: “Lexie Cannes” http://www.amazon.com/gp/product/0963781332   

THE GUERRILLA ANGEL REPORT is associated with Wipe Out Transphobia: http://www.wipeouttransphobia.com/

Read Lexie Cannes in The Huffington Post: http://www.huffingtonpost.com/courtney-odonnell/



Categories: Judicial, Courts, Transgender, Transsexual, Trans

Tags: , , , , ,

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