Transgender inmate denied more protection by Federal Judge

Transgender inmate denied more protection by Federal Judge

Ashley Diamond, 37, has sued prison officials for failing to protect her against sexual assault and denying her the hormone treats she has received for 17 years to develop female characteristics prior to her imprisonment. She was moved to a maximum-security facility at Georgia State Prison in Tattnall County from Baldwin State Prison in Baldwin County with far more dangerous inmates.

U.S. District Judge Marc Treadwell discouraged Diamond’s plea to transfer to a safer prison or for prison officials to ensure their protection. David Dinielli, who is representing Diamond, states the judge did not address the merits of the lawsuit.

Some measures outlined for the judge to implement included moving a harassing inmate, situating Diamond to a cell close to a security camera, dining hall escorts and an additional guard to protect Diamond’s cell block.

Dinelli said, “the judge concluded that based on the record before him that he believed the (DOC) response was sufficient — he did not say the conditions were good…the department is under close scrutiny and we intend to hold them to that.”

Since entering prison in 2012, court papers suggest Diamond has been repeatedly sexually and physically assaulted. Confessions from other inmates were part of the court filings, claiming the abuse that Diamond had suffered and her lack of protection from prison officials.

There are also allegations that Diamond had been told be a prison official she had been transferred to a maximum-security facility, despite committing a nonviolent crime, due to the lawsuit.

Dinelli states, “soon after we filed the lawsuit she was transferred to a new prison and we thought the conditions were even worse…our goal is to ensure that even though she has endured seven sexual assaults that an eighth not happen.”

Soon after the lawsuit, the Georgia prison system had changed its policy towards the medical treatment of transgender inmates. The Justice Department had intervened and reminded prison officials the U.S. Constitution requires them to provide inmates with care for their conditions and an individual assessment.

According to the Justice Department, this is the first time they have gotten involved, due to Diamonds circumstance they believe that justice officials should treat it just like any other physical or mental health condition. Diamond has been diagnosed with gender dysphoria, which causes her to disconnect herself between her birth sex and gender she identifies with.

As Diamond was moved to the high security George State Prison, the law center argues it is a far more dangerous facility and she should be moved to a female low security prison or transition center for inmates returning to society.

Diamond has also been diagnosed with posttraumatic stress syndrome, as well as being monitored for self-harming; the prison counsellor, Stephen Sloan, considered her to be a risk to herself and stated in a written message, “she is not safe at BSP…I find the atmosphere at this institution to be one of marked homophobia with little support for inmates who are members of sexual minorities.”