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| Intersexual Inmate Awarded $1,000 |
| By Associated Press |
| Published: 03/01/2004 |
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A judge has awarded $1,000 plus attorney's fees and court costs to an intersexual person who was kept in solitary confinement at the Wyoming Women's Center in Lusk. U.S. District Judge Clarence Brimmer "reluctantly" denied Miki Ann DiMarco's claim that the Wyoming Department of Corrections violated her Eighth Amendment protection against cruel and unusual punishment. He also rejected her claim that she was denied equal protection under law. But Brimmer agreed DiMarco's due process rights had been violated. "To segregate Plaintiff in the starkest, barest, most severe conditions, when she had violated no prison rules, was not fair," he wrote in his ruling, which was released Feb. 18. The state plans to appeal. |
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