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.

While the solitary confinement is inhuman treatment, there are other instances of such people being put in with the male prison population (she did have a penis, and would have been regarded as male or TS...off to the male ward!), and subsequently beaten and gang-raped, or the very least, harassed. In some past incidents of this, the prison officials reportedly "looked the other way"......the solitary confinement is for that reason, by prison "protocol"....that's why prison is absolute hell for any IS person , as well as any TS.......brutality awaits.....purportedly some civil rights actions are being initiated to address this problem.......terrible, terrible:(

When this case first became known last summer, I wrote her attorney (and left a phone message) and offered assistance in the form of a letter to the court in support of her. He never replied. Seeing the "award", now I know why. It's an unfortunate case.

Betsy

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Until you've lost your reputation, you never realize what a burden it was or what freedom really is. --Margaret Mitchell