A male inmate who claims he is a woman is suing the Massachusetts Department of Corrections to force the department to move him from the all-male Massachusetts Correctional Institution in Norfolk to the state women’s prison, MCI-Framingham.
The man, whom the court refers to as “Jane Doe,” is serving a three-to-four-year sentence for a nonviolent drug offense, but also had two prior convictions in 1992 and 1995 for indecent assault and battery on a person over age 14.
Jennifer L. Levi, director of the Transgender Rights Project at GLBTQ Legal Advocates & Defenders, said the 1992 conviction was based on an incident when the inmate was a prostitute who touched the genitals of an undercover male police officer without knowing what he was doing, and the 1995 case, also related to prostitution, was dismissed.
The plaintiff, 52, who has received hormone therapy for 40 years but apparently still has his male genitalia, argues that he has been groped and taunted by male prisoners and correctional officers.
The lawsuit wants prison officials to call the male inmate by the female name he uses. The lawsuit avers that the male inmate has been humiliated by being forced to live, sleep, shower, and use the bathroom with other male inmates, and charges prison officials with violating the Americans with Disabilities Act because he hasn’t been transferred to a women’s prison, which the lawsuit claims is necessary for gender dysphoria.
Chris Fallon, a representative for the Massachusetts Department of Corrections, told Fox News that the department has not been officially served.