Legal Opinion
Kosilek v. Spencer
Court of Appeals for the First Circuit
Decided January 17, 2014No. 12-2194PublishedCited by 5 opinions
1Opinion of the Court
THOMPSON, Circuit Judge.
Twenty years after prison inmate Michelle Kosilek first requested treatment for her severe gender identity disorder, the district court issued an order requiring the defendant, Luis S. Spencer, Commissioner of the Massachusetts Department of Correction (the “DOC”),1 to provide Kosi-lek with sex reassignment surgery. The court found that the DOC’s failure to provide the surgery — which was said by a group of qualified doctors to be medically necessary to treat Kosilek’s condition— violated Kosilek’s Eighth Amendment rights. The DOC appeals the district court’s order.…
2Cases cited37 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Farmer v. BrennanSupreme Court of the United States · 1994
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Helling v. McKinneySupreme Court of the United States · 1993
- Hernandez v. New YorkSupreme Court of the United States · 1991
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3Cited by5 opinions
- Norsworthy v. BeardDistrict Court, N.D. California · 2015
- United States v. Norman VarnerCourt of Appeals for the Fifth Circuit · 2020
- Green v. CosbyDistrict Court, D. Massachusetts · 2015
- B. P. J. v. West Virginia State Board of EducationDistrict Court, S.D. West Virginia · 2021
- Collymore v. Suffolk County Sheriff DepartmentDistrict Court, D. Massachusetts · 2019