Settlement reached with Georgia Department of Corrections

About a year ago the Southern Poverty Law Center filed a suit on behalf of trans woman prisoner Ashley Diamond, who was denied medical care and repeatedly raped and assaulted by other prisoners while she was held at a men's prison in Georgia.

Last Friday a settlement was announced in the case.

Diamond was released from prison last August after her case got publicized.

She had been serving a sentence for a probation violation stemming from a nonviolent crime. She was denied female hormones she had been receiving for 17 years – medically necessary care for her gender dysphoria. She was sexually assaulted by other prisoners at least eight times while incarcerated.

As part of the agreement, the Georgia Department of Corrections agreed to pay Diamond, 37, an undisclosed financial settlement.

We’re pleased that we were able to favorably resolve this case on behalf of Ashley Diamond and bring international attention to the plight of transgender prisoners.

Our lawsuit and Ashley Diamond’s bravery brought about important changes in Georgia, and have put prison officials across the country on notice about the constitutional rights of transgender persons.

--Chinyere Ezie, SPLC staff attorney

Transgender prisoners are victimized at ten times the rate of other prisoners.

The lawsuit has triggered significant reforms in the treatment of transgender prisoners in Georgia and nationwide.

This lawsuit has always been about more than me. It’s about standing up to injustice and ensuring that no other transgender people endure the horrific abuse and mistreatment that I experienced behind bars. Though I am pleased with this resolution, I remain dedicated to fighting for the rights of transgender people both in and out of prison.

--Ashley Diamond

The U.S. Department of Justice issued a seminal statement in support of the SPLC’s case, declaring that gender dysphoria is a condition requiring medical treatment like any other disease. This means that corrections departments across the country have a constitutional obligation to provide medically necessary care, including hormone therapy, to transgender prisoners.

In addition, the Georgia Department of Corrections rescinded its “freeze frame” policy that prevented many transgender inmates from receiving the treatment they need. Because of the case, dozens of transgender inmates across the state are now receiving hormone therapy for the first time since entering custody. Georgia prison officials also adopted a sexual assault prevention policy that is more closely aligned with federal standards, and they are training prison staffers throughout the state on the health and safety needs of transgender inmates.

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