ESTATE OF DIMARCO v. WY DEPT. OF CORRECTIONS

Nos. 04-8024, 04-8067.

473 F.3d 1334 (2007)

ESTATE OF Miki Ann DIMARCO, Plaintiff-Appellee, v. WYOMING DEPARTMENT OF CORRECTIONS, DIVISION OF PRISONS, Wyoming Women's Center; Judy Uphoff; Nola Blackburn; Viki McKinney; Karen Rea; and Donna Lloyd, as individuals, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 24, 2007.


Attorney(s) appearing for the Case

David L. Delicath, Senior Assistant Attorney General (Patrick J. Crank, Wyoming Attorney General, John W. Renneisen, Deputy Attorney General, and Misha Westby, Senior Assistant Attorney General, with him on the briefs), Office of the Wyoming Attorney General, Cheyenne, WY, for Appellants.

Kimberly A. Corey, Law Office of Tom Sedar, P.C., Casper, WY, for Appellee.

Before TYMKOVICH and EBEL, Circuit Judges, and BROWNING, District Judge.


TYMKOVICH, Circuit Judge.

Miki Ann DiMarco lived her life as a woman even though she was anatomically male. In 2000, after she violated the terms of her probation, a Wyoming state court sentenced her to prison. Not realizing DiMarco's medical condition and believing her to be a woman, the court placed her in Wyoming's women's correctional facility in Laramie. It was only during a routine prison intake examination that prison officials learned DiMarco was a hermaphrodite...

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