December 15 , 2020
FOR IMMEDIATE RELEASE
CONTACT:
Alexandra Morgan-Kurtz, PA Institutional Law Project, (412) 434-6175 amorgan-kurtz@pailp.org
Harrisburg – The Pennsylvania Institutional Law Project filed a lawsuit today on behalf of a transgender woman who says she is being denied vital healthcare, including gender affirmation surgery, by the Pennsylvania Department of Corrections (DOC). The lawsuit alleges that the plaintiff, a 46-year-old transgender woman currently incarcerated at the State Correctional Institution at Mahanoy, has suffered extreme distress and suicidal ideation, including instances of self-harm, since receiving a diagnosis of gender dysphoria in 1998.
“It’s well known that transgender individuals are at a greater risk of harm in prisons,” said Alexandra Morgan-Kurtz, Managing Attorney of the Pennsylvania Institutional Law Project. “That risk only becomes greater when DOC officials continue to deny them the essential healthcare they need.”
The plaintiff has lived fully as a woman since 2016, and she has been on hormone therapy since May of 2017. However, she still experiences severe gender dysphoria related distress and requires additional treatment through, among other accommodations, gender affirmation surgery. Medical and psychology personnel in the DOC have consistently approved and recommended the plaintiff’s gender affirmation surgery but a central office committee has denied it.
“The DOC’s actions of denying my surgery with no good reason, it’s inexcusable. I think about suicide a lot,” said Dawn Guthrie. “I’ve had doctors who have said my gender dysphoria will not go away without surgery, but the DOC’s panel without medical experience have just ignored that.”
According to the suit, the DOC has violated her Eighth Amendment rights by refusing to provide adequate care for her gender dysphoria, including gender-affirming surgery, despite recommendations from their medical staff. The DOC’s refusal to provide her with this medically necessary care has caused her severe pain and anguish and places her at substantial risk of future injury.
The lawsuit was filed in the U.S. District Court for the Middle District of Pennsylvania. Named as Defendants in the lawsuit are Secretary John Wetzel, Dr. Paul Noel, Dr. Arelne Seid,and Dr. Paluki Reddy. The plaintiff is represented by Alexandra Morgan-Kurtz and Amy Ernst of the Pennsylvania Institutional Law Project. A copy of the complaint is available here.