RGMCjim
02-20-04, 04:37 PM
In the case of Dimarco v. Wyoming Dept. of Corrections, ___ F.Supp.2d ___,
2004 WL 307421 (D.Wyo 2004) the U.S. District Court ruled that Dimarco, an intersexed inmate, had been denied her due process rights under the Fourteenth Amendment of the U.S. Constitution. Dimarco, who lived her life as a female, has a penis, but no other genitals of either sex. Because of her penis (which was non-functional sexually), officials at the Wyoming
Women's Center put her in the most restrictive housing in the prison. In solitary confinement that is otherwise reserved for especially violent or dangerous prisoners - a 9 x 12 cell, with a metal sink, a metal toilet, and a metal bed with a mattress and pillow. No personal effects were allowed other than an extra change of clothes and soap, shampoo, toothpaste and a
toothbrush. Even though she protested her incarceration in this most restrictive housing unit, prison officials routinely denied her the opportunity to move into the general population or other less restrictive housing. Prison classification testing had consistently revealed that Dimarco was a minimal security risk inmate. Because Dimarco did not prove any actual damages, the court awarded nominal damages of $1,000, plus attorney's fees.
This was sent to me by the Chair of the Rochester Transgender Group who is a lawyer. She also sent me the original court abstract if anyone is interested. This might be an especially important reference for those doing public speaking on intersex issues etc.
2004 WL 307421 (D.Wyo 2004) the U.S. District Court ruled that Dimarco, an intersexed inmate, had been denied her due process rights under the Fourteenth Amendment of the U.S. Constitution. Dimarco, who lived her life as a female, has a penis, but no other genitals of either sex. Because of her penis (which was non-functional sexually), officials at the Wyoming
Women's Center put her in the most restrictive housing in the prison. In solitary confinement that is otherwise reserved for especially violent or dangerous prisoners - a 9 x 12 cell, with a metal sink, a metal toilet, and a metal bed with a mattress and pillow. No personal effects were allowed other than an extra change of clothes and soap, shampoo, toothpaste and a
toothbrush. Even though she protested her incarceration in this most restrictive housing unit, prison officials routinely denied her the opportunity to move into the general population or other less restrictive housing. Prison classification testing had consistently revealed that Dimarco was a minimal security risk inmate. Because Dimarco did not prove any actual damages, the court awarded nominal damages of $1,000, plus attorney's fees.
This was sent to me by the Chair of the Rochester Transgender Group who is a lawyer. She also sent me the original court abstract if anyone is interested. This might be an especially important reference for those doing public speaking on intersex issues etc.