262 F. Supp. 3d 1151
D. Kan.2017Background
- Plaintiff Michelle Renee Lamb (born Thomas Preston Lamb) is serving three consecutive life sentences for kidnapping and murder and is diagnosed with gender dysphoria.
- Lamb legally changed her name in 2007, identifies as female, and is imprisoned in KDOC custody; KDOC contracts medical care to Corizon and Dr. Paul Corbier is Corizon’s regional medical director.
- Lamb receives weekly psychotherapy, hormone therapy (estrogen and anti-androgen), and limited access to female clothing/jewelry; she seeks more extensive treatment including genital surgery, castration, voice therapy, electrolysis/laser, adjusted hormones, full access to female canteen items, name-change on KDOC documents, and transfer to a female facility.
- Defendants (Corizon, Dr. Corbier, KDOC, and officials) moved for summary judgment arguing they treat Lamb’s condition and are not deliberately indifferent; prison officials also argue conditions of confinement are constitutional.
- The district court treated the medical treatment as a serious need for purposes of summary judgment but found no genuine issue of material fact on the subjective (deliberate indifference) component and granted summary judgment for all defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eighth Amendment — medical care for gender dysphoria | Lamb: current therapy and hormones are inadequate; WPATH standard (including surgery) is required | Defendants: Lamb receives ongoing treatment (therapy, hormones, limited gender-affirming items); medical judgment reasonably rejects surgery | Court: No deliberate indifference; treatment satisfies Eighth Amendment |
| Requested gender-affirming surgeries and adjustments | Lamb: needs genital surgery, castration, and hormone adjustments per experts/WPATH | Defendants: risks outweigh benefits; conservative therapy effective; clinical judgment controls | Court: Denied — disagreement with provider is not constitutional violation |
| Access to female-only canteen/property items | Lamb: deprived of cosmetics and other female-only items | Defendants: provided some items; cosmetics are not basic human needs | Court: Denied — such items not required by Eighth Amendment |
| Name on KDOC records and facility transfer | Lamb: KDOC must use her legal female name and transfer to female facility | Defendants: KDOC regulation requires use of convicted name for records; transfer threatens safety/security given crimes | Court: Denied — no constitutional right to record name change accommodation or transfer; regulation reasonably related to penological interests |
Key Cases Cited
- Supre v. Ricketts, 792 F.2d 958 (10th Cir. 1986) (prison medical judgment to withhold treatment can avoid Eighth Amendment violation)
- Druley v. Patton, [citation="601 F. App'x 632"] (10th Cir.) (WPATH standards do not automatically create Eighth Amendment entitlement to surgery)
- Turner v. Safley, 482 U.S. 78 (1987) (prison regulation valid if reasonably related to legitimate penological interests)
- Rhodes v. Chapman, 452 U.S. 337 (1981) (Eighth Amendment requires protection against serious deprivations of basic human needs)
- Kosilek v. Spencer, 774 F.3d 63 (1st Cir. 2014) (discussion of gender dysphoria treatment and standards of care)