On July 5, 2016, plaintiff, a male-to-female transgender inmate incarcerated by the Colorado Department of Corrections [CDOC] who resided in a male facility, filed suit against the chief of psychiatry and the executive director of the CDOC for failure to provide her with appropriate undergarments and other items that were available exclusively to female prisoners in conformity with her gender identity, in spite of the fact that she was developing breasts as a result of her hormonal treatment. The complaint was originally filed pro se, but was eventually taken on by the Civil Rights Clinic at the Sturm College of Law at the University of Denver. The amended complaint was brought under 42 U.S.C. § 1983 and alleged a violation of the Eighth Amendment based on her inadequate medical care while incarcerated, as well as the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, since her treatment was different than that of cisgender prisoners. The plaintiff sought injunctive and declaratory relief.

The amended complaint contained additional claims of verbal harassment and physical and sexual assault by guards and other inmates that took place in the prison, all of which she reported to the prison, which the plaintiff believed to be the result of her gender identity and expression. She also represented a belief that the appropriate undergarments would make her less vulnerable to attack. Additionally, the complaint alleged that the plaintiff did not have adequate medical treatment to address her gender identity disorder beyond hormone treatment, including sex reassignment surgery. The case was assigned to Judge Marcia S. Krieger and referred to Magistrate Judge Scott T. Varholak.

The defendants moved to dismiss the complaint in December, 2016. In the meantime, the plaintiff filed a Second Amended Complaint on April 25, 2017. After the case was consolidated with related cases on September 11, 2017, plaintiff filed a third amended complaint on October 12, 2017. Plaintiff moved for preliminary injunction on February 20, 2018 and later withdrew this motion voluntarily. The court did not address the merits of the claim because the parties reached a settlement agreement on June 22, 2018.

The student attorneys settlement allowed transgender women to have access to bras and the full range of undergarments available to prisoners in female facilities, to evaluation for gender confirmation surgery, and to the female canteen list, which will allow transgender women the ability to purchase and wear makeup. The case was terminated on September 21, 2018.

Elizabeth Heise - 10/07/2018


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