Please ensure Javascript is enabled for purposes of website accessibility

10-2339 & 10-2466 Fields v. Smith

By: WISCONSIN LAW JOURNAL STAFF//August 8, 2011//

10-2339 & 10-2466 Fields v. Smith

By: WISCONSIN LAW JOURNAL STAFF//August 8, 2011//

Listen to this article

Constitutional Law
Eighth Amendment; sexual reassignment surgery

Section 302.386(5m), which prohibits the use of state funds to provide hormonal therapy or sexual reassignment surgery to state prisoners, constitutes cruel and unusual punishment.

“[D]efendants did not produce any evidence that another treatment could be an adequate replacement for hormone therapy. Plaintiffs’ witnesses repeatedly made the point that, for certain patients with GID, hormone therapy is the only treatment that reduces dysphoria and can prevent the severe emotional and physical harms associated with it. Although DOC can provide psychotherapy as well as antipsychotics and antidepressants, defendants failed to present evidence rebutting the testimony that these treatments do nothing to treat the underlying disorder. Defendants called their own expert to speak about GID: Dr. Daniel Claiborn, a Ph.D. in psychology who estimated he has treated only about fifty clients with GID over a period of twenty years in his private practice. Dr. Claiborn provided no testimony about the appropriate treatment for plaintiffs. He offered his opinion that GID is not properly characterized as a psychological disorder because a person with GID does not typically suffer from an impairment in psychological functions. However, defendants have now conceded that GID is a serious medical condition. Dr. Claiborn’s testimony does not support the assertion that plaintiffs can be effectively treated without hormones.”

Affirmed.

10-2339 & 10-2466 Fields v. Smith

Appeals from the United States District Court for the Eastern District of Wisconsin, Clevert, J., Gottschall, J.

Full Text

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests