United States First Circuit
Kosilek v. Spencer, 12-2194
The district court's order requiring the defendant, the Commissioner of the Massachusetts Department of Correction, to provide plaintiff-inmate with a requested sex reassignment surgery to treat a severe gender identity disorder is affirmed, where: 1) the district court did not err in finding that plaintiff has a serious medical need for the surgery, and that defendant refuses to meet that need for pretextual reasons unsupported by legitimate penological considerations; and thus, 2) defendant has violated plaintiff's Eighth Amendment rights.
Appellate Information
- Decided 01/17/2014
- Published 01/17/2014
Judges
- THOMPSON
Court
- United States First Circuit