Estate of DiMarco v. Wyoming Department of Corrections, Division of Prisons

TYMKOVICH, Circuit Judge.

Miki Ann DiMarco lived her life as a woman even though she was anatomically male. In 2000, after she violated the terms of her probation, a Wyoming state court sentenced her to prison. Not realizing DiMarco’s medical condition and believing her to be a woman, the court placed her in Wyoming’s women’s correctional facility in Laramie. It was only during a routine prison intake examination that prison officials learned DiMarco was a hermaphrodite 1

Because the officials believed that she presented a safety risk, DiMarco was placed in administrative segregation apart from…