Narrative Opinion Summary
The case involves a dispute between an incarcerated individual and the Massachusetts Department of Correction (DOC) regarding the provision of medical treatments related to gender identity disorder. Initially, the court denied the plaintiff's motion for a preliminary injunction to resume electrolysis treatments due to insufficient evidence of a serious medical need. Subsequently, the plaintiff was allowed to file a Second Amended Complaint requesting an independent medical evaluation to assess the necessity of electrolysis and sex reassignment surgery. The court ordered the DOC to appoint a qualified evaluator and report on the necessity of electrolysis, but the DOC failed to meet the deadline and did not request an extension. The plaintiff's motion to preclude the late filing was denied, and the court allowed the DOC to submit a late report indicating that electrolysis was not medically necessary. The court noted a previous decision where it found the DOC deliberately indifferent to the plaintiff's medical needs, ordering sex reassignment surgery, which was expected to alter the need for electrolysis. Ultimately, the court denied the request for an independent medical evaluation regarding electrolysis without prejudice.
Legal Issues Addressed
Deliberate Indifferencesubscribe to see similar legal issues
Application: The court previously found the DOC deliberately indifferent to the plaintiff's serious medical needs related to gender identity disorder, ordering sex reassignment surgery.
Reasoning: The court noted the DOC’s ongoing delays in addressing Kosilek's serious medical needs related to gender identity disorder, previously highlighted in a September 4, 2012 decision where the court found the DOC deliberately indifferent and ordered sex reassignment surgery.
Duty to Provide Medical Evaluationsubscribe to see similar legal issues
Application: The court ordered the DOC to select a qualified evaluator and report on the necessity of electrolysis, which the DOC failed to complete in a timely manner.
Reasoning: The court ordered the DOC to select a qualified evaluator and report on the necessity of electrolysis by March 1, 2010. The DOC did not meet this deadline nor request an extension.
Impact of Ordered Medical Procedure on Related Treatmentssubscribe to see similar legal issues
Application: The court held that the ordered sex reassignment surgery would significantly alter any medical needs for electrolysis.
Reasoning: The court also indicated that the ordered sex reassignment surgery would significantly alter any medical needs for electrolysis.
Late Submission of Medical Reportssubscribe to see similar legal issues
Application: The court permitted the DOC to file a late report regarding the medical necessity of electrolysis, despite the plaintiff's opposition.
Reasoning: The DOC sought to file a late report stating that electrolysis was not medically necessary, which Kosilek opposed.
Preliminary Injunction Requirementssubscribe to see similar legal issues
Application: The court denied the motion for a preliminary injunction because the plaintiff failed to demonstrate a serious medical need for electrolysis treatments.
Reasoning: On November 25, 2009, the court denied Michelle Kosilek's motion for a preliminary injunction to require the Massachusetts Department of Correction (DOC) to resume electrolysis treatments, finding Kosilek failed to demonstrate a serious medical need for such treatment as required by legal precedent.