India

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In April, India’s Supreme Court in a landmark ruling granted transgender people legal protections and access to affirmative-action type programs. Now, India’s government is asking the justices to reconsider some aspects of their judgment.

The government — led by the conservative Bharatiya Janata Party, which has deep roots in the country’s Hindu nationalist movement — said in an application to the Supreme Court that the transgender ruling “may pose problems both practically and politically” and asked for clarifications and changes.

Indian Government Objects to Supreme Court Ruling on Transgender Rights – India Real Time – WSJ.

Brandon v. County of Richardson (USA)

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Teena Brandon was a lesbian with gender dysphoria who was raped when two men discovered she was female. Brandon filed a police report with the County of Richardson, Nebraska, and was subjected to a degrading and humiliating interrogation.  Further, the police failed to protect Brandon, who was subsequently murdered.  Her mother then sued the county and Charles B. Laux, the sheriff who interrogated Brandon, for the suffering Brandon endured.

From the court decision (GRAPHIC CONTENT): Continue reading

Burt v. Johns (USA)

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Yolonda Deyvonne Burt, a federal inmate, filed a lawsuit against the USA pursuant to the Federal Tort Claims Act (“FTCA”).  Burt, a biological male diagnosed with Gender Identity Disorder prior to incarceration, was transferred to Federal Correctional Institution Butner-I and was immediately subjected to sexual harassment by other inmates.  He reported the incidents to both Dr. Adams of Psychological Services and A. Harris, his case manager, expressing fear to both of these individuals. This fear arose in part from unlocked cell doors and he requested a transfer to where cell doors were locked at night. Burt claims that thereafter he was the victim of two separate assaults. In the June assault, Burt alleged a rape by two inmates, Harold English and Stanley Hervey. In the November 9th assault, plaintiff was stabbed by Inmate English about the face and neck with a box cutter or blade of some type which was never recovered. That assault was witnessed by a guard and other inmates and the assault itself is not in dispute. Burt asserted in his lawsuit that the Bureau of Prisons did not safeguard him from predators.

The court dismissed the FTCA claim.

Burt v. Yates Appeal.

Rice v. Patel (USA)

A California court has dismissed a prisoner’s lawsuit that he was given hormones associated with transition without his consent. In Rice v. Patel, Erick Rice claimed he was coerced into a diagnosis of “transgender” and was prescribed hormones against his wishes. He claimed to be damaged because he now has breasts and “looks like a female.”

Rice Docket.

Rice Dismissal.

Barnett v. City and County of Philadelphia (USA)

Jovanie Saldana

Jovanie Saldana

Four female prison inmates sued the City and County of Philadelphia in 2011 after each was forced to share a jail cell with an accused pimp and armed robber who clearly had male genitalia. The man, Jovanie Saldana, who is transgender, spent 14 months at Riverside, the city’s jail for women, until accusing a guard of sexual assault. No charges were filed against the guard.

The Philadelphia prison system’s policy allows transgender inmates who have undergone “gender” reassignment to be placed in a facility appropriate for the new gender. The policy is less clear about how to handle inmates before gender reassignment. Inmates should be placed in accordance with their gender as determined by their external genitalia, it states. But the policy provided that the determination should take into account the recommendations of a qualified medical staff person.

The inmates – Yazmin Gonzales, Katiria Chamorro, Maria Cachola, and recently released Jabrina T. Barnett – claim Saldana touched or groped them, subjected them to daily sexual harassment, and leered at them as they bathed or used the toilet.

The city and county settled the lawsuit.

Barnett v. City and County of Philadelphia Complaint.

Women file suit, claim they were jailed with a man – Philly.

4 female inmates claim they were jailed with man at Riverside – Philly.

Cops_ No sex charges against jail guard accused by transgender inmate – Philly.

Lawsuit of the Day_ Dude look like a Lady _ Pennsylvania Criminal Law.

Bizarre Screw-up in Philadelphia Prison.

Transgender Woman Forced Into Men’s Prison After Alleged Assault _ Advocate.

Philadelphia Women Prisoners Sue for Being Housed with a Man _ Prison Legal News.

Hämäläinen v. Finland (European Court of Human Rights)

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Heli Hämäläinen, who came out as transgender during her marriage, lost her lawsuit in the European Court of Human Rights that she should be allowed to be legally recognized as a female without changing her marital status. Because of Finland’s prohibition on same-sex marriage, Heli, 49, is not able to obtain legal recognition of her sex unless she converts her 18-year marriage into a civil partnership.

She has already had to undergo a psychiatric assessment and sterilization as part of the Finland’s legal requirements for “gender recognition.”

Grand Chamber judgment Hamalainen v. Finland Transsexuals official recognition of new gender.

Hämäläinen v. Finland

Shawn Shannon Quinnones (USA)

 

jdhjdhShawn Shannon “Nicole” Quinnones is a man who identifies as a woman. He is currently serving a prison sentence for a string of robberies he committed while dressed as a woman in 1997. While incarcerated, Quinnones, who is HIV-positive, spit on a corrections officer, for which he received an additional 8-year term.

The Pennsylvania Department of Corrections recently filed suit in Centre County court for an injunction allowing Benner state prison personnel to forcibly provide medical services to Quinnones, 40, who has decided to stop eating. On Friday, Judge Pamela A. Ruest upheld her temporary injunction after a hearing in which Quinnones testified that his hunger strike was a protest of his treatment at the prison as a transgender individual.