KOSILEK v. SPENCER

No. 12-2194.

774 F.3d 63 (2014)

Michelle KOSILEK, Plaintiff, Appellee, v. Luis S. SPENCER, Commissioner of the Massachusetts Department of Correction, Defendant, Appellant.

United States Court of Appeals, First Circuit.

December 16, 2014.


Attorney(s) appearing for the Case

Richard C. McFarland , Legal Division, Department of Correction, with whom Nancy Ankers White , Special Assistant Attorney General, was on brief for appellant.

Joseph L. Sulman , with whom David Brody , Law Office of Joseph L. Sulman, Frances S. Cohen , Jeff Goldman , Christina Chan , and Bingham McCutchen LLP, were on brief for appellee.

Andrew D. Beckwith , on brief for the Massachusetts Family Institute, amicus curiae in support of appellant.

Daniel V. McCaughey , Cori A. Lable , Kristin G. Ali and Ropes & Gray LLP, on brief for World Professional Association for Transgender Health, Mental Health America, Callen-Lorde Community Health Center, Whitman-Walker Health, GLMA: Health Professionals Advancing LGBT Equality, and Mazzoni Center, amici curiae in support of appellee.

Matthew R. Segal , Joshua Block , LGBT Project, and David C. Fathi , National Prison Project, on brief for American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Legal Aid Society, Harvard Prison Legal Assistance Project, Prisoners' Legal Services of New York, and Prisoners' Legal Services of Massachusetts, amici curiae in support of appellee.

Jennifer Levi and Bennett H. Klein , on brief for Gay & Lesbian Advocates & Defenders, EqualityMaine, Human Rights Campaign, MassEquality, Massachusetts Transgender Political Coalition, National Center for Transgender Equality, National Gay & Lesbian Task Force, and Transgender New Hampshire, amici curiae in support of appellee.

Before LYNCH, Chief Judge, TORRUELLA, HOWARD, THOMPSON and KAYATTA, Circuit Judges.


Opinion En Banc

This case involves important issues that arise under the Eighth Amendment to the U.S. Constitution. We are asked to determine whether the district court erred in concluding that the Massachusetts Department of Correction ("DOC") has violated the Cruel and Unusual Punishment Clause of the Eighth...

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