United States Fourth Circuit
De'Lonta v. Johnson, 11-7482
District court's dismissal was in error because plaintiff's complaint states a plausible Eighth Amendment claim, where plaintiff, a prisoner and pre-operative transsexual suffering from a medically recognized illness known as gender identity disorder, sufficiently alleges: 1) an objectively serious medical need for protection against continued self-mutilation; and 2) defendants' continued denial of her consideration for sex reassignment surgery constitutes deliberate indifference to her serious medical need in violation of the Eighth Amendment.
Appellate Information
- Decided 01/28/2013
- Published 01/28/2013
Judges
- DIAZ
Court
- United States Fourth Circuit