Kosilek v. Maloney

Jan 01, 2002

OUTCOME: Vindication

We represented a transsexual prisoner who sued the Commissioner of the Department of Correction for constitutional violations based on the DOC's failure to provide standard treatment for gender dysphor ... ia, also known as gender identity disorder (GID). After a high profile, several week bench trial in Federal Court, we obtained a ruling favorable to the plaintiff; although Judge Mark Wolf held that the DOC had not yet violated the Eighth Amendment by its failure to provide treatment in accordance with the accepted standard of care, he also cautioned that any continuing refusal to provide such treatment, after notice by the court that such treatment was required, would amount to a violation.