Judge awards legal fees in the Massachusetts inmate sex change case
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December 29, 2012
Boston, Massachusetts:U.S. District Judge Mark Wolf ruled from the bench on last week that the attorneys representing Michelle Kosilek were entitled to more than $700,000 in attorney fees.[1] Kosilek, an inmate serving life for murder, made headlines earlier this year after she successfully sued the Massachusetts to receive a state-funded sex change. Wolf wrote in his ruling in September that "there is no less intrusive means to correct the prolonged violation of Kosilek's Eighth Amendment right to adequate medical care." Based on the first ruling that Kosilek was entitled to the surgery, Wolf later ruled that she was entitled to attorney’s fees.[2]
In his December 19th ruling, Wolf noted that Kosilek’s legal team has offered to forgo legal fees, if the Department of Corrections drop their appeal and moves forward with Kosilek’s gender re-assignment surgery.[1]
Wolf was critical of the Department of Corrections in his ruling from the bench, saying, “The repeated violation of constitutional rights of prisoners…costs taxpayers money that is needed for other purposes.”[1]
The exact amount of the legal fees due to Kosilek’s legal team has yet to be determined by Wolf, but the judge said it would likely be more than $700,000. Hearings to determine the final amount are ongoing, and a ruling on the exact amount is due in the next weeks.[1]
Kosilek is serving a life sentence for killing her wife in 1990.[2] The Department of Corrections has vowed to appeal the Judge Wolf’s decision to award Kosilek the surgery.[1]
The case is Kosilek v. Department of Corrections, et al 1:2000-cv-12455
See also
News Article: Federal judge grants Massachusetts murderer a sex change, September 18, 2012
Footnotes
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