United States Fourth Circuit

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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

Counsel