Tucker, et al.  v. Utah Department of Corrections, et al.

Lambda Legal, alongside the ACLU of Utah Foundation and private law firms, filed a federal lawsuit on behalf of five incarcerated transgender people in the custody of the Utah Department of Corrections (“UDC”) who have the disability of gender dysphoria and have been denied medically necessary care. The lawsuit alleges that UDC and the Utah Department of Health and Human Services (“DHHS”)  have failed to provide timely and adequate evaluations and treatment in accordance with clinical guidelines, including hormone therapy and individualized assessments for surgery. Plaintiffs assert that when left untreated or inadequately treated, gender dysphoria can cause debilitating distress, impairment of function, and risk of self-harm or suicidality.

The lawsuit challenges Utah House Bill 252 (H.B. 252) and UDC policy GEN-29.00, which prohibit the initiation of hormone therapy for people who were not receiving such treatment prior to incarceration and limit treatment for gender dysphoria primarily to mental health services. Plaintiffs allege that the law and policy operate as a ban on medically necessary treatment and overrule the professional judgment of medical providers. The lawsuit further alleges that Defendants single out gender dysphoria, a particular disability, for differential treatment and have denied Plaintiffs equal access to all services, programs, and benefits because of their disability.

Filed in the U.S. District Court for the District of Utah, the lawsuit asserts that Defendants have demonstrated deliberate indifference to three of the Plaintiffs’ serious medical needs in violation of the Eighth Amendment and have discriminated against all Plaintiffs on the basis of their disability of gender dysphoria in violation of the Americans with Disabilities Act (“ADA”). Plaintiffs seek declaratory and injunctive relief.