Transgender Inmate Wins Lawsuit for Gender-Affirming Care and Move to Women’s Prison

Christina Lusk has been advocating for gender-affirming care and proper placement corresponding to her gender identity since her imprisonment in 2019. Now, after almost four years, she has triumphed in a lawsuit against the Minnesota Department of Corrections (DOC).

Lusk, a transgender woman, sued the DOC roughly a year ago, claiming that the department's policies and procedures violated the Minnesota Human Rights Act and the equal protection clause of the Minnesota Constitution. This included the rights to bodily autonomy and freedom from cruel or unusual punishment, as NPR reported.

Despite her birth certificate reflecting her gender as female and having undergone gender-affirming procedures, Lusk was sent to the Moose Lake men's facility following her guilty plea. She shared her experiences of assault, harassment, and repeated misgendering at the facility, as well as the denial of gender-affirming care.

The settlement granted Lusk a transfer to Minnesota's Shakopee prison, a women's only facility, and assured her access to gender-affirming healthcare. It also included a $495,000 payout, with $250,000 allocated for legal fees.

The DOC implemented a new policy for transgender inmates just months after Lusk filed her lawsuit. This policy permits inmates to request transfers to facilities aligning with their gender identity and includes provisions for medical treatments.

Out of over 8,000 inmates, the DOC houses 48 transgender inmates, as per their statement obtained by NPR. The department confirmed that Lusk would be the first transgender individual transferred to a facility matching her gender identity.

Jess Braverman, Legal Director of Gender Justice, credited Lusk's bravery for the transformative change. "Thanks to Christina Lusk's willingness to speak out, transgender people in custody will now have expanded access to the housing and health care they need, and the legal protections they deserve," she told NPR. Gender Justice, in collaboration with Robins Kaplan LLC, represented Lusk in her case.

The Minnesota DOC has committed to improving its policies concerning the wellbeing and safety of transgender inmates. Its plan includes adhering to the World Professional Association for Transgender Health's (WPATH) standards of care, contracting with a WPATH-certified healthcare provider, training staff on providing suitable care for transgender individuals, and respecting the name changes of transgender inmates.