Judge Awards $700K Legal Fee to Michelle Kosilek Lawyers In SRS WIN

The price of denying us our Human Rights has just gone UP.

Source: Boston.com :A federal judge said today that he would award more than $700,000 in legal fees to the team of lawyers who represented Michelle Kosilek, the convicted murderer who sued the state for a sex change operation to treat her gender identity disorder.

Chief US District Judge Mark L. Wolf said from the bench in court in Boston that he recognized the cost to taxpayers, but he said the costs derived from a hard-fought lawsuit to preserve Kosilek’s constitutional rights.

He noted that while the state Department of Correction is appealing his decision to order the surgery, Kosilek’s legal team has offered to dismiss their request for legal fees if the state drops the appeal and pays for the surgery.

“Resistance at all costs can end up costing the taxpayers quite a lot,” the judge said, adding that the Department of Correction has had to pay hundreds of thousands in legal fees to lawyers in other cases in which the department violated prisoners’ constitutional rights.

“The repeated violation of constitutional rights of prisoners … costs taxpayers money that is needed for other purposes,” he said.

Massachusetts appeals Judges Ruling Allowing Transgender Murderer's SRS

The planetransgender straw poll showed the majority of trans people thought inmate Michelle Kosilek should be given SRS on the tax payers dime but the 'state' AKA the Governor disagrees and has ordered the ruling challenged. What would you do? Just for a second, think, if you were incarcerated and faced with what this individual is, wouldn't you fight for your life as well?

 Interestingly Governor Patrick didn't mention the 8th Amendment  in his first statement since stating his opinion the inmate should not ne given the surgery but instead seeking to diffuse criticism from the health care professionals and Transgender advocates by stating a concern for Kosilek's safety post surgery. That reason really holds little weight. Governor Patrick stands a better chance at deflecting criticism by emphasizing his concern for Kosilek's sister inmates safety should Kosilek get Sexual reassignment surgery (SRS).

 From Governor Patrick  “It’s not a reflection of a point of view about gender-identity disorder,” Patrick said, in his first comments on the appeal. “Apparently, that is a real disorder. And, indeed, Kosilek has been getting treatment for that disorder. The question is whether it should go all the way to surgery, and what the implications are for the safety of Kosilek and other inmates, in that event.”

That point is mote because Kosilek already lives in solitary for her safety.

I mean, aren't we all fighting for our lives anyways? How many reading this could say you have never done something you were glad you weren't caught doing? OK, so hopefully it wasn't murder, but wouldn't you fight in jail as hard as you do out here?

Family Outraged Over Transgender Murderer Michelle Kosilek's Court Ordered SRS. Are you?

How about you? Yes, No? Take the poll on the top right sidebar>>>

Update* Mass Gov may repeal Judge Wolf's ruling. Details at the bottom of the post.

Surprisingly there are many within the trans community who are in agreement with the victims family. Not so surprising though in light of how rule conscious our community is, its the essence of our validity. They feel that Michelle Kosilek should not receive a state funded sexual reassignment surgery. Many feel that since they have absolutely no chance at becoming whole at state expense, why should a murderer, any murderer be granted SRS.



Then there are some within our community who would argue that denying Michelle Kosilek SRS would essentially confirm what corporations contend, that this surgery is elective and cosmetic. The people in this corner believe that would be counter productive to fight against Michelle Kosilek surgery as it is central to our argument that SRS is a medical necessity as we fight to get that option added to medical plans. Humanists further argue its even even more important she be granted this state funded surgery since it would allow Michelle Kosilek to be correctly housed while incarcerated.

How do you feel?

*Update via Washington Post:

"BOSTON — Massachusetts Gov. Deval Patrick says his administration is reviewing a judge’s ruling ordering state prison officials to pay for sex reassignment surgery for a transgender inmate."

"Patrick said Monday no decision has been made on whether to appeal last week’s decision by U.S. District Court Judge Mark Wolf, who ruled the surgery was medically necessary to treat Michelle Kosilek’s “serious medical need."

"Patrick notes the ruling went against the state, which opposed the surgery. But the Democrat also calls the judge “thoughtful and scholarly” and says the state wants to fully evaluate the opinion before deciding what to do."

I'm unclear what Gov. Deval Patrick meant when he said the ruling 'went against the state". Perhaps 'the state' he is referring to is the vocal component of his constituency opposed to the Judges ruling?

In which case our own Zoe posting as aebrain made a very good case in her comment on the WP article writing that "The Governor has a problem."

Correct me if I'm wrong but essentially, Zoe pointed out the Governor's problem is one of political survival VS Constitutional law.