eBar.com – by Heather Cassell
A lawsuit filed against the California Department of Corrections and Rehabilitation for its failure to protect a transgender prisoner from sexual assault could alter policies and procedures pertaining to housing and treatment of incarcerated transgender individuals.
The trial is scheduled to begin July 2 in San Francisco Superior Court. Gregory Walston, the attorney for Alexis Giraldo, initially sued corrections personnel for negligence. The suit also seeks punitive damages for the intentional infliction of emotional distress, and cruel and unusual punishment while Giraldo has been in Folsom Prison.
Judge Peter Busch dismissed negligence claims against all of the defendants and claims for punitive damages against some of the defendants on June 21. Busch ruled that the case could go to trial regarding damages for intentional infliction of emotional distress against other corrections officials and claims of violation of the California Constitution.