Court: State Had Duty of Care to Protect Transgendered Inmate

[Natasha]

Court: State Had Duty of Care to Protect Transgendered Inmate

http://www.metnews.com/articles/2008/gira111708.htm
STEVEN M. ELLIS
11/17/2008

A formerly incarcerated male-to-female transgendered person can proceed with a negligence action alleging state prison officials failed to act on complaints that she was repeatedly beaten and raped by cellmates, the First District Court of Appeal ruled Friday.

Giraldo filed suit in 2007 against the department and various personnel, alleging negligence, intentional infliction of emotional distress and violation of the California Constitution's cruel and unusual punishment clause. She specifically challenged "prison policies that place transgender inmates..., who have the physical appearance of women, in the male inmate population without any meaningful precaution to the obvious risk of sexual assault to them."

[gina]

As much as I know its wrong and they should be treated properly...... Its hard for me to feel sorry for anothers rights when most probably the cime they committed took the rights away from some poor soul. 

They should have thought about this before committing their crime in the first place. 

gina

[tekla]

The State must protect, that's a given.  Just because someone else did wrong, it's not a reason for others to do so.

[gina]

The State must protect, that's a given.  Just because someone else did wrong, it's not a reason for others to do so.

Your right ..... but still pisses me off ...

gina

[tekla]

You know, we don't treat them like ->-bleeped-<-, because we are not the criminals. 

[Lisbeth]

As much as I know its wrong and they should be treated properly...... Its hard for me to feel sorry for anothers rights when most probably the cime they committed took the rights away from some poor soul. 

They should have thought about this before committing their crime in the first place. 

gina

Your post produces too many negative emotions for me to be able respond in an empathetic manner.

[Kaelin]

Most of the crimes prisoners committed are less severe than rape, and the incidence of this sort of abuse is estimated to be at least 20%.  Never mind that many of the people held in prison haven't been convicted, that some of them have been wrongfully found guilty, and some of them contract HIV...

"A society is judged by how it treats the least among them."

[gina]

Most of the crimes prisoners committed are less severe than rape, and the incidence of this sort of abuse is estimated to be at least 20%.  Never mind that many of the people held in prison haven't been convicted, that some of them have been wrongfully found guilty, and some of them contract HIV...

"A society is judged by how it treats the least among them."

They are committing rape among themselves and they seem to be doing darn  good job at it at 20% even though you said most committed crimes less severe then rape. 

I'm sorry we all know some fall between the cracks at times being wrongly convicted ect, but dont paint such a innocent picture of convicts, you are only fooling yourself. Most that get out just do it again to return.... some of them just dont get it. Also most that are there belong to be there because of crime/crimes committed and found guilty and being too stubborn to learn a lesson and reform to society.... I shed no tears for them... sorry. 

gina

[Kaelin]

Besides the fact that prison rape (possibly leading to death) is cruel and unusual, you are also tolerating the criminal behavior by the rapists that get off scott free.  Do you think that letting the rapists continue abusing others in prison might be reinforcing the idea that crime does pay?

Most that get out just do it again to return.... some of them just dont get it.

The likelihood of returning is positively correlated to punitivity and abuse they receive in prison.  In terms of how states deal with juveniles, Iowa has a program that puts its teenagers into a boot camp of sorts, but they are held in a dorm setting and are expected to learn, and recidivism is single digit percent.  Compare this to Texas, which mostly locks the kids up (implications be damned), and they return about half the time.  While a better environment won't fix all the problems, it can make a difference for a massive number of prisoners.  Of course, the prison systems don't care about fixing the problems, because their livelihood depends on new prisoners entering the system, and serving long terms.

Looking at our prisoner system, I'm not the least bit surprised about the abuses at Gitmo and Abu Grhaid.

[Lisbeth]

I shed no tears for them... sorry. 

gina

*weeps bitter tears*

[Kelley Jo]

One of my favorite blogs on this and other criminal justice topics is Grits for Breakfast, probably the best and most widely read on the web.

http://gritsforbreakfast.blogspot.com/

[burgandy]

Gina,

Do you think that mistreating people will make them turn out better, less dangerous, more productive?  Ever stopped to wonder why US inmates have such a high return rate?  Perhaps if prisons worked to improve inmates, to educate them, teach them to read, to take pride in working, to have respect for themselves, they'd stop messing up.  Most prisoners aren't violent, hardened criminals. The two crimes committed by the person in question were vehicular manslaughter (she fell asleep at the wheel and killed one of her passengers) for which she was given a suspended sentence and petty theft in violation of that sentence.

You must be one perfect person, Gina:  perfectly heartless.

[tekla]

70% of the people in jail in the United States are in there for drug charges, not violent crime, I sure hope you never, ever, not even once, did non-legal drugs, because if you did, even once, those people are there because of your appetite, not just their own bad choices.

[Kelley Jo]

You must be one perfect person, Gina:  perfectly heartless.

ouch!

[Kaweah]

Most of the crimes prisoners committed are less severe than rape.

Alexis Giraldo was sent to Folsom for shoplifting, which violated her parole.
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/07/20/state/n165230D88.DTL

I think the abuse she suffered may have outweighed the crime she committed.  Perhaps she deserves some sympathy.

[Kelley Jo]

That's the "Three strikes and you're out" foolishnes in Cali. I was thinking of moving out there to benefit from the TG community. Besides Prop 8, I wouldn't want my hard earned tax dollars going to support this kind of non-sense.

I'd rather stay in the Bible Belt, thank you very much.

[lady amarant]

Sorry Gina, but I can't agree with you. It's so easy for us to judge people's actions, but we rarely stop to consider their circumstances or their histories. As the saying goes "Walk a mile in another man's shoes..."

I recently read a book called "Transparent", by author Cris Beam. It follows the lives of five young transwomen living on the streets in LA. It might change your mind on the why's and wherefores that cause people to end up in prison.

http://www.amazon.com/Transparent-Family-Living-Transgender-Teenagers/dp/0151011966

~Simone.

[lisagurl]

Everyone has a right to an opinion and one opinion is as good as another. I support Gina and her courage to not go with the herd.

[lady amarant]

Everyone has a right to an opinion and one opinion is as good as another. I support Gina and her courage to not go with the herd.

I agree with you, and I don't think any less of Gina for differing from me. I might believe that she has not taken everything into consideration before making her decision, but I could as easily be the one that hasn't got all the information at hand. I present her with information I feel she might not be considering, and hopefully, she does the same, with both of us more informed at the end of the day.

This is, after all, the nature of healthy debate, is it not?

~Simone.

[gina]

You must be one perfect person, Gina:  perfectly heartless.

Nobody's perfect,we all know that, but a personal attack is not helpful for the discussion I'm afraid to say.

I'm heartless because I feel for the innocent soul whose life or family/friend/neighbor was either altered in a horrible way or ended by a criminal act ?
Hopefully no one here ever lost a loved one by a horrible act of a criminal in the past or hopefully never will in the future. Want to know something, it has happen to me twice, and I could still see their face the last time I seen them happy and alive. So for this I'm heartless ? ..... 

70% of the people in jail in the United States are in there for drug charges, not violent crime, I sure hope you never, ever, not even once, did non-legal drugs, because if you did, even once, those people are there because of your appetite, not just their own bad choices.

Ok, so the users should feel sorry/guilty/responsible for the dealers... makes no sense     ......

I recently read a book called "Transparent", by author Cris Beam. It follows the lives of five young transwomen living on the streets in LA. It might change your mind on the why's and wherefores that cause people to end up in prison.

http://www.amazon.com/Transparent-Family-Living-Transgender-Teenagers/dp/0151011966

~Simone.

Thanks for the link Simone, I'll check it out. 

Everyone has a right to an opinion and one opinion is as good as another. I support Gina and her courage to not go with the herd.

Thanks... 

Well its all a matter of opinion and everyone is entitled to theirs ... All I know is I came to this site to make friends not enemies or to hurt others. I try my best not to offend.... If I did I'm sorry as we all have different views on this subject and all of us I'm sure will stand strongly  by them.

gina