Ron Hood is a child rapist who also consumes child porn. He identifies as a woman named Erika. He is currently housed at the Florida Civil Commitment Center as a sexually violent predator. While housed at the Florida Civil Commitment Center, Hood was able to download and view child porn. He filed a lawsuit against the Florida Department of Children and Families for failing to have a policy to help transgender inmates like him. A federal court in Florida recently denied summary judgment to the state on the state’s refusal to develop a policy to treat gender dysphoria (“GID”):
The limited evidence before this Court suggests that (the state has) a de facto policy against treating GID because it is not part of a “Comprehensive Treatment Program.”6 Since GID is a recognized psychiatric disorder, a complete refusal by FCCC officials to provide any type of treatment at all could constitute an Eighth Amendment violation. See Murray, 106 F. 3d at *3 (recognizing that a complete refusal by prison officials to provide a transsexual with any treatment at all would state an Eighth Amendment claim for deliberate indifference to medical needs.). This Court agrees with the Seventh Circuit that if proven, the defendants’ complete failure to provide a resident who has been diagnosed with GID any medical treatment for that condition, with or without a policy, violates the Eighth Amendment. See Kothmann v. Rosario, 558 F. App’x 907, 912 (11th Cir. 2014) (noting that it is “well settled in this Circuit that intentionally refusing to provide medically necessary treatment constitutes deliberate indifference and violates the Eighth Amendment”). Accordingly, Defendants are not entitled to summary judgment on Plaintiff’s claim for declaratory and injunctive relief seeking the formulation of a … policy for the treatment of GID.