SAN FRANCISCO – A federal appeals court has revived a transgender California inmate's lawsuit claiming that prison officials are subjecting her to cruel and unusual punishment by denying her sex-reassignment surgery.
The 9th U.S. Circuit Court of Appeals on Friday did not rule on the merits of Philip Rosati's case, but it said her allegations were sufficient to warrant further review by the court. A three-judge panel of the court overturned a lower court's decision to dismiss Rosati's lawsuit.
State prison officials did not immediately have comment on the ruling.
The 59-year-old Rosati, who now goes by Mia, was convicted of murder and is serving a sentence of 83 years to life at a state prison in San Diego. She says she suffers from extreme gender dysphoria evidenced by her repeated attempts to castrate herself.