A
preliminary injunction is an extraordinary legal tool used by the court
to prevent irreparable harm while a case is being heard by the court.
The court reached its decision to order a preliminary injunction after a
three-day evidentiary hearing and extensive briefing. “In
refusing to provide surgery, IDOC and Corizon have ignored generally
accepted medical standards for the treatment of gender dysphoria,” the
court ruled. “This constitutes deliberate indifference to Ms. Edmo’s
serious medical needs and violates her rights under the Eighth Amendment
to the United States Constitution.”
“I am relieved and grateful that the court validated my right to necessary medical treatment,” said plaintiff Adree Edmo.
“Not having the care I need is like being in a prison within a prison.
Even though I am still living, it has felt like I have been dying
inside.”
“As
the Court recognized, it is a bedrock principle of our legal system
that Constitutional protections apply to all individuals, regardless of
race, sex, sexual orientation, or gender identity,” said National Center for Lesbian Rights (NCLR) Senior Staff Attorney Amy Whelan.
“Intentionally depriving anyone of the critical medical care they need
is unacceptable. Idahoans and every American deserves better.”
“Healthcare providers have known for decades how to provide effective and life-saving medical care to transgender people,” said Lori Rifkin, lead attorney for Ms. Edmo, and a partner at the civil rights law firm, Hadsell Stormer & Renick. “Our
laws require the state officials running prisons to provide necessary
health treatment to the people in their care. Instead, Corizon and IDOC
put Ms. Edmo’s life at risk.”
Today’s
preliminary injunction orders the Idaho Department of Correction and
Corizon to provide Ms. Edmo with access to medically necessary surgery
within six months.
Recently,
several other federal courts across the country, including in Missouri
and Florida, have ruled that transgender people cannot be denied access
to medically necessary care in prison. Today’s issuance of a preliminary
injunction by the U.S. District Court for the District of Idaho is in
accordance with those rulings.
“Since the vast majority of prisoners will eventually return to their communities, everyone should care about this issue,” said Craig Durham of Ferguson Durham PLLC.
“No one wins when prisons deny care that not only treats serious
medical conditions, but also prevents those conditions from getting much
worse.”
Click here to access a copy of the court’s preliminary injunction ruling in this case.
The
National Center for Lesbian Rights (NCLR) filed this lawsuit on behalf
of plaintiff Adree Edmo together with Hadsell Stormer and Renick LLP and
Ferguson Durham, PLLC.