Transgender Inmate Suing Officials After She Was Put In Men's Prison

By Abdul Rafay in News On 16th June 2022
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Lusk, who is legally recognized as a woman, has requested to be transferred from the Moose Lake men's facility to the Skakopee women's prison.

Lusk, a Minneapolis resident, came out as transgender 14 years ago, began human treatment, and changed her name legally in 2018. She pleaded guilty to felony drug possession the next year.

Lusk is in danger at Moose Lake, according to Jess Braverman, an attorney for Gender Justice, which is representing her client with the Minneapolis law firm of Robins Kaplan.

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'She's a woman, and suddenly she's placed in a men's facility. She's in a locked cell with several men, and she's exposed to harassment and violence in that setting,' Braverman said.

Lusk was also denied gender-affirming surgery while in prison, despite doctors approving the treatment before she was incarcerated, according to the lawsuit. In 2024, she will be unleashed.

According to the lawsuit, Lusk has been pursuing a vaginoplasty since her incarceration, but DOC Medical Director James Amsterdam concluded that she should not be given genital surgery while in jail, but that she 'may pursue that after release.'

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Lusk wrote in the complaint: 'I have been diagnosed with severe Gender Dysphoria. I have attempted suicide four times due to the severe distress caused by my GD as well as self-mutilation. My mental capacity is under control, and I can make good decisions as far as surgery.’

'I have letters of support from my primary physician, my gender specialist, my therapist, as well as my psychiatrist, only two letters are required for surgery but I go up and beyond what is required.' 

According to the lawsuit, the correctional department's decision to imprison Lusk in a men's prison and deny her surgery is unlawful and a breach of her human rights.

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'Christina Lusk is recognized legally and socially as female - including by the state of Minnesota. Yet, the Minnesota DOC treats Ms. Lusk as a man simply because she is transgender,' the lawsuit states. 

Lusk is seeking $50,000 in damages as well as a 'permanent mandatory injunction,' which would require the state prison system to treat her as a woman and remove her from the Moose Lake men's jail.

According to the lawsuit, Lusk was reprimanded for having breasts and wearing women's attire, but she was also reprimanded for not wearing a bra while her bras were being washed.

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In early 2020, Lusk filed the first of two complaints with the state Department of Human Rights. She claimed that jail guards put her in a room with seven guys, forced her to change her clothes and use the men's bathroom, and referred to her by her previous name.

According to the lawsuit, both transfer requests were denied without reason.

The Minnesota Department of Corrections did not respond directly to Lusk's lawsuit, but it did say in a statement to Minnesota Public Radio News that it is "committed to ensuring the safety and well-being" of transgender people.

The government stated that it evaluates transgender inmate accommodations on a case-by-case basis.

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According to Rebecca Bact of Robins Kaplan, Lusk 'deserves proper housing, healthcare, and a dignified existence free from discrimination,' according to the Star Tribune.

'Transgender people disproportionately face abuse and harassment in state institutions including jails and prisons, schools, healthcare facilities, and more,' Braverman told the newspaper.

'Every person in custody deserves to be protected from violence and harassment,' she continued. 'We need our systems, such as the [Minnesota] Department of Corrections (DOC), to do better now to protect all vulnerable groups, including transgender people.'