Robert Brooks, 43, died a day after being attacked by several correctional officers at the Marcy Correctional Facility on Dec. 9. His death has prompted a state investigation.
*** There is a video at the site linked above that is very informative and shows the man before the police killed him. ***
The office of New York’s attorney general released body camera footage Friday showing the fatal beating of a state prisoner this month by correctional officers who punched and kicked him repeatedly while he was handcuffed on an infirmary bed.
The incident, which has drawn outrage from political leaders and was condemned by the officers’ union as “incomprehensible,” is being investigated by state Attorney General Letitia James. The inmate, Robert Brooks, 43, died in the hospital a day after the Dec. 9 attack.
“I do not take lightly the release of this video, especially in the middle of the holiday season,” James said at a virtual news conference.
“These videos are shocking and disturbing,” she added.
Brooks can be seen in the videos with his hands cuffed behind his back. In one video, he is sitting up as an officer presses his foot down on him. He is then punched by two officers.
At another point, he is forcefully yanked from the bed by his shirt collar and held up above the ground, his face visibly bloodied.
Robert Brooks as seen in body camera footage at the Marcy Correctional Facility in Oneida County, New York, on Dec. 9.Office of the New York State Attorney General
Last week, Gov. Kathy Hochul ordered the state Department of Corrections and Community Supervision to begin the process of firing 14 workers at the Marcy Correctional Facility in Oneida County, where the incident occurred. They include correctional officers, sergeants and a prison nurse. In the interim, all have been suspended without pay, except for one officer, who already resigned. In a statement following the release of the videos, Daniel Martuscello, the commissioner of the state corrections department, said his office has launched its own investigation in an effort to bring “institutional change.”
“Watching the video evidence of Robert Brooks’ life being taken left me feeling deeply repulsed and nauseated,” Martuscello said. “There is no excuse and no rationalization for a vulgar, inhumane act that senselessly took a life. This type of behavior cannot be normalized, and I will not allow it to be within DOCCS.”
James said the officers had not activated their body cameras, but they were still on and recorded in standby mode. As a result, she added, they did not capture audio and only recorded for 30 minutes.
Her office released the entirety of the four officers’ videos, which included some blurring.
On Dec. 9, James said, Brooks was being transferred from the Mohawk Correctional Facility, also in Oneida County, to Marcy Correctional Facility. The events unfolded in a medical exam room before 9:30 p.m. Brooks was carried into the room hanging upside down with his hands handcuffed behind his back, one video shows.
The entrance to Marcy Correctional Facility state prison on Thursday, Dec. 19, 2024, in Marcy, N.Y. (Will Waldron/Albany Times Union via Getty Images)Will Waldron / Albany Times Union / Getty Images
Without audio, it’s unclear what words were exchanged between Brooks and the officers. While he does not appear to physically retaliate in the footage, the videos present different angles, and at times it’s unclear what is happening to Brooks as officers move and stand around the room. After the officers yank Brooks from the bed, he is brought to a corner. Later, he is seen on the bed wearing only his underwear and being tended to by the nurse.
Brooks was taken to the hospital and died the following day. An autopsy was conducted, and “preliminary findings show concern for asphyxia due to compression of the neck as the cause of death, as well as the death being due to actions of another,” according to a state corrections office investigative report obtained by NBC affiliate WKTV in Utica.
In the wake of the initial media reports, James said her Office of Special Investigation would conduct a review and make the video public after Brooks’ family viewed it first.
“I have a responsibility and duty to provide the Brooks family, their loved ones and all New Yorkers with transparency and accountability,” she said Friday.
Attorney General Letitia James speaks during a press briefing on Nov. 6.Lev Radin / Pacific Press / Getty Images
Brooks had been imprisoned since 2017 on a 12-year sentence for first-degree assault involving a longtime girlfriend. State corrections officials declined to detail what led Brooks to be transferred to the Marcy Correctional Facility, a medium-security prison, that night. The New York State Correctional Officers and Police Benevolent Association did not immediately respond to a request for comment Friday, but the union has previously said it viewed parts of the videos.
“What we witnessed is incomprehensible to say the least and is certainly not reflective of the great work that the vast majority of our membership conducts every day,” the union said in a statement this week, adding what transpired is the “opposite of everything NYSCOPBA and its membership stand for.”
Hochul said in a statement that the “vast majority” of correctional officers “do extraordinary work under difficult circumstances,” but “we have no tolerance for individuals who cross the line, break the law and engage in unnecessary violence or targeted abuse.”
Martuscello said the agency has expanded its body camera policy effective immediately, requiring all corrections officers to have their cameras activated any time they are engaging directly with inmates.
The Correctional Association of New York, an independent prison oversight group, released a report last year after monitoring the Marcy Correctional Facility in October 2022. The report noted complaints of “rampant” physical abuse by staff members, with 80% of incarcerated people reporting having witnessed or experienced abuse and nearly 70% reporting racial discrimination or bias.
Brooks’ family thanked Hochul in a statement this week for taking action “to hold officers accountable.”
“We cannot understand how this could have happened in the first place,” the family said. “No one should have to lose a family member this way.”
The Colorado TV reporter told police that he believed he had been followed by the man because he is Pacific Islander.
Colleen Slevin
A Colorado man is facing possible bias-motivated charges for allegedly attacking a television news reporter after demanding to know whether he was a citizen, saying “This is Trump’s America now,” according to court documents.
Patrick Thomas Egan, 39, was arrested Dec. 18 in Grand Junction, Colorado, after police say he followed KKCO/KJCT reporter Ja’Ronn Alex’s vehicle for around 40 miles (64 kilometers) from the Delta area. Alex told police that he believed he had been followed and attacked because he is Pacific Islander.
After arriving in Grand Junction, Egan, who was driving a taxi, pulled up next to Alex at a stoplight and, according to an arrest affidavit, said something to the effect of: “Are you even a U.S. citizen? This is Trump’s America now! I’m a Marine and I took an oath to protect this country from people like you!”
Alex, who had been out reporting, then drove back to his news station in the city. After he got out of his vehicle, Egan chased Alex as he ran toward the station’s door and demanded to see his identification, according to the document laying out police’s evidence in the case. Egan then tackled Alex, put him in a headlock and “began to strangle him,” the affidavit said. Coworkers who ran out to help and witnesses told police that Alex appeared to be losing his ability to breathe during the attack, which was partially captured on surveillance video, according to the document.
According to the station’s website, Alex is a native of Detroit. KKCO/KJCT reported that he was driving a news vehicle at the time.
Egan was arrested on suspicion of bias-motivated crimes, second degree assault and harassment. He is scheduled to appear in court Thursday to learn whether prosecutors have filed formal charges against him.
Egan’s lawyer, Ruth Swift, was out of the office Friday and did not return a telephone message seeking comment.
So much of this story is upsetting. But one detail stood out to me, and it has not been stressed enough when police violence and false arrests. The man, Mr. Brock lost his job three days after the brutal assault and may have suffered severe financial distress. Police and prosecutors know that often just being charged can ruin a persons life. Hugs
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Joseph Benza III, main officer involved in incident with Emmett Brock, pleaded guilty in federal court last week
Multiple L.A. sheriff's deputies relieved of duty as feds probe beating of trans teacher https://t.co/JNQeqBKe9P
The peddlers of misinformation are high on their own supply Read on Substack
(Thanks to BruceDesertRat who comments here, for linking this really useful Substack!)
Well, I was going to post about proposals for bank deregulation, but I think that can wait for a bit. The news of the moment is the looming prospect that the federal government will shut down over the weekend.
We’ll have to see how much damage this does, but it’s already clear that assuming the worst happens — and it’s hard to see how it won’t — this will be the dumbest shutdown ever. I’d say that the incoming Musk administration (so far Musk, not Trump, appears to be calling the shots) is trying to hold itself up for ransom, but it doesn’t even rise to that level. This isn’t like 1995, when Newt Gingrich shut down the government in an attempt to extract cuts in Medicare and Medicaid — a move that seemed (and was) a foolish act of petulance, but at least had a ghost of motivation.
No, Musk is demanding — apparently successfully — that Republicans in Congress renege on a deal they had already agreed to, a continuing resolution that would keep the federal government going for the next few months. Why? Because, Musk says, of the outrageous provisions in that CR.
Except none of the items Musk is complaining about are actually in the bill. No, Congress isn’t giving itself a 40 percent raise. No, the bill doesn’t fund a $3 billion stadium in Washington. No, it doesn’t block future investigations into the Jan. 6 committee. No, it doesn’t fund bioweapons labs.
I have an embarrassing admission to make. I thought that Muskaswamy’s obvious problems with getting DOGE going would have inspired, not humility — never that — but at least a bit of caution. That is, I imagined that Musk would by now have at least an inkling of two things.
First, finding big-ticket examples of government waste is hard, because the government mostly spends money on things people want. Here’s a nice chart from the Center on Budget and Policy Priorities, showing where the money goes:
Yes, the federal government is an insurance company with an army.
Second, you shouldn’t trust claims about the budget coming from Some Guy on the Internet. You might have imagined that the world’s richest man could have a couple of fact-checkers on retainer to help ensure that he isn’t making clearly stupid assertions. But nooo.
In a barrage of posts on X Musk pushed misinformation about a more or less routine, place-holding bill that was basically a way to keep the ship of state afloat until Trump takes charge. Maybe this was in part a power play, an attempt to make Republicans in Congress show fealty to a man who clearly imagines that he’s the real president — and Trump, by meekly endorsing Musk’s position, did in fact convey the impression that Musk is leading the guy who is supposed to be in charge by the nose. But this political theater will have real consequences, for America, for Trump, and for Musk himself.
Musk has asserted that shutting the government down for a month would do no harm. And it’s true that Social Security, Medicare and Medicaid funding — which is where the bulk of the money goes — will continue. But many services people rely on will be disrupted, especially if the shutdown goes on for more than a month, which seems all too likely given Republicans’ razor-thin House majority and the dominance of misinformation in many members’ thinking.
Maybe Musk himself doesn’t expect to experience any hardship, but put it this way: I’m glad that I won’t need to renew my passport any time soon, that I don’t expect to be trying to get through airport security for a while, and especially glad that I don’t rely either on food stamps or on small business loans. For all of these things have been disrupted in past government shutdowns.
Do Musk and Trump know any of this? Almost surely not.
Beyond the specifics, my guess is that antics like the potential shutdown will do much more damage to the Musk/Trump administration than they realize. (There’s also this other guy — JV Dance or something? — but he clearly doesn’t matter.)
First, since the election financial markets have clearly been betting that Trump will do very little of what he promised during the campaign — that we won’t really have a trade war, just some minor trade skirmishes, that we’ll have symbolic deportations rather than a mass roundup of immigrants, and so on. Markets have, in effect, discounted the disastrous consequences that would follow if Trump honored his own promises.
But a government shutdown in response to completely false claims about what’s in an innocuous short-term funding measure suggests that the peddlers of misinformation are high on their own supply. Trump may really believe that foreigners will pay tariffs, that U.S. trade deficits subsidize the rest of the world, that there’s a reserve army of American workers available to fill the gaps deportation would create. I don’t want to put too much weight on the latest market fluctuations, but it is starting to look as if investors are questioning their own complacency.
Second, many, probably most people who voted for Trump believed that he really is the character he played on The Apprentice — a highly competent manager. The other day I said that Trump was elected by low-information voters; this wasn’t a slur on Americans’ intelligence, it was a reference to survey results showing that Trump’s edge depended entirely on support from voters who don’t pay much attention to politics:
How will these voters react if, as seems all too likely, the second Trump administration is instead marked by rolling chaos?
Anyway, it’s pretty remarkable. Inauguration Day is still a month away, yet the chaos monkeys have already taken over. (snip)
And how long is this ‘masculinity crisis’ going to last?Read on Substack
by Rebecca Schoenkopf
Last week, I watched Girls Gone Wild: The Untold Story on Peacock, which, unsurprisingly, was fairly disturbing on a number of levels, starting with the fact that most people at the time thought “getting young women extremely drunk and then convincing them to take their tops off on camera” was a fairly normal, “boys will be boys!” thing to do.
The thing that really struck me, though, was the fact that it remained “normal” until about 2011, when creator Joe Francis was arrested for false imprisonment and assault, after he brought three women home after a night out and refused to let them leave, ultimately attacking one of them and bashing her head into the floor. Francis had long been Public Enemy #1 for feminists (along with, on the other end of the spectrum, the Christian patriarchs who fake-married their daughters at Purity Balls), but at that point, no one was really paying any attention to us.
The reason I bring this up, the reason it struck me, is because I don’t think I really realized until just then what an incredibly short time period it was between the end of that era — this era where bro culture was celebrated, where rape culture was celebrated, where women’s sexuality was a thing within their control whichever way they chose to control it, in which beautiful female celebrities were excoriated for being a size four in public — and the era we are now in.
Because we hear a lot about it from their end, right? The story, as they tell it, is that there were all these ostensibly “liberal” men who “voted for Obama,” but then the Left “just went too far” and drove them into the loving, misogynistic arms of Andrew Tate and Donald Trump. And now they’re lonely and they don’t know how to be men and it is a full-on crisis! A crisis I tell you! And an epidemic!
The way they talk, you would think that they had been forced to live in this horrible matriarchal world for years, during where they weren’t allowed any free speech, were constantly accused of rapes they didn’t commit, were told constantly by everyone that they were garbage and that they had to apologize for being born male.
But let’s piece together this timeline, shall we?
2011: Joe Francis arrested, “Entourage” ends.
2012: During a stand-up set, comedian Daniel Tosh starts talking about how rape jokes are “always” funny — causing a woman in the audience to yell, “Actually, rape jokes are never funny!”, to which he responds, “Wouldn’t it be funny if that girl got raped by like, five guys right now? Like right now? What if a bunch of guys just raped her?”
— Also, Tucker Max, who was celebrated for having written a book called I Hope They Serve Beer In Hell, in which he tells multiple stories of having sex with extremely intoxicated women, “retires” from being Tucker Max.
2013: We have the rape joke discourse, led by then-Jezebel writer Lindy West. On the one hand, you have feminists saying “This shit isn’t actually funny,” and on the other, approximately 87 million op-eds about how we must protect the sanctity of rape jokes.
— The campus rape discourse begins. Women who have been raped on campus discuss both the problem of rape on campus and the tendency of school officials to do nothing about it, asking people to take it more seriously and criticizing men who have sex with women when they are too intoxicated to consent. This is followed by years of people complaining that we can’t take these women seriously, because what if they are just having day-after regrets because the man didn’t send them flowers or call them back or something?
2014: In May, incel Elliot Rodger kills six people because he is angry that women won’t have sex with him.
— In August, Gamergate begins — starting out as a rage against progressive videogame developer Zoë Quinn from gamers who believe that she only got good reviews for a game she made that they didn’t like because she had a sexual relationship with a video game reviewer (who never actually reviewed her game). It turns into unfettered rage and harassment against women who dare to criticize games for being misogynistic, and then against all “Social Justice Warriors” in general.
— We have the street harassment discourse, started by Black women on social media, in which women publicly discussed the general unpleasantness of not being able to walk to the grocery store without some guy yelling “Nice tits!” at us. This is quickly followed by approximately 87 million “How are men even supposed to talk to women if they can’t yell at them while they walk down the street?” and “But it’s a compliment!” and “I’m a woman and it makes me feel pretty when men I don’t know compliment my ass!” op-eds.
— The height of the affirmative consent discourse, in which people discuss why it’s important to have affirmative and enthusiastic consent at each stage of sexual activity. Some states implement “Yes Means Yes” laws — so that, instead of asking campus rape victims whether they were clear enough that they did not want to have sex with someone, accused rapists will be asked how they obtained consent, This was, naturally, followed by lots of complaining that it will ruin sex.
2015: Donald Trump begins his presidential campaign, ultimately winning in part due to a backlash to “social justice” activism — feminist activism and rape culture discourse in particular.
So let’s just stop there for now. This is not meant to be an exhaustive list, because I know we had a few more discourses and we certainly had a lot more incel mass murders. But it doesn’t need to be, because the main thing I want to point out is that, at the very most, we had a few years of public discussions of things women had grown real fucking sick of, each of which was swiftly followed by an inevitable “Has feminism gone too far?!?” backlash from those who thought everything was fine the way it was and had been — mostly from those with bigger platforms and more power than we ever had.
This, frankly, has been the case for all social justice movements that have occurred over the last few years — not just feminism and rape culture, but also racism, police brutality and trans rights. You see a groundswell of actual people talking about their experiences and how best to change things so that other people don’t have to go through them, and a swift and terrible backlash from those who say they would like those other people to shut up, please.
Donald Trump was elected again this year, and again we were all told “This is all because you all just went too far! They just couldn’t take it anymore!”
But like, in the end, what did they have to take? People talking publicly on social media? People making art, movies, television shows, music, video games, etc. that they don’t like? Or publicly criticizing things they do like or behavior they enjoy engaging in?
That’s nothing. Especially when compared to everything that everyone else was expected to go through and shut up about. I’d like to point out that, quite notably, taking rape more seriously did not lead to any epidemic of men being sent to prison for not sending flowers or calling the day after.
One of the most jarring points of the “Girls Gone Wild” documentary is one in which a girl recounts how she ended up in a video when she was 17 years old (making it, legally, child pornography), and one of the male teachers at her high school responded by asking her to autograph a copy for him. That’s just one moment, one small snapshot of what was meant to be acceptable back then.
And, you know, at no point did anyone back then publicly wonder or wring their hands about “Is the patriarchy going too far?” Rather, then, as now, most public discussion was about what was wrong with the girls who were doing this, not the men who produced it.
It’s not at all surprising to me that men living in that social environment felt “safe” voting for Barack Obama, or felt like they were totally liberal because they wanted to legalize weed and didn’t care if people were gay or not. Because they could vote for Obama and feel like a good liberal while chanting “Iron my shirt!” at Hillary Clinton. Everything was going really well for them and no one was really challenging the status quo, at least not anyone they were paying any attention to. This is part of what they mean when they say “the Left left me!”
(And, again, that’s just the feminist side of it. They were also “totally fine” with Black people until Black people started bringing up police brutality and racism, and fine with LGBTQ+ people when they thought that civil rights push would end with marriage.)
We’re being punished right now for a feminist utopia we never even had. We went straight from the Girls Gone Wild Era to the Gamergate/Incel mass murder era to the the Trump era. And while a whole lot has changed in terms of what we are willing to put up with or be quiet about, the only thing that has actually changed about the patriarchy has been the flavor it takes on.
December 16, 1942 Heinrich Himmler, head of the German Gestapo, made public an order that Gypsies, or Roma, and those of mixed Roma blood already in labor camps be deported to Auschwitz-Birkenau.”Himmler was determined to prosecute Nazi racial policies, which dictated the elimination from Germany and German-controlled territories of all races deemed “inferior,” as well as “asocial” types, (hardcore criminals, homosexuals, Communists, Slavs, Catholic priests). Gypsies fell into both categories according to Nazi ideology and had been executed widely in Croatia, Poland and the Soviet Union. Gypsy arrivals to the Belzec death camp. The Porajmos (also Porrajmos) — literally Devouring — is a term coined by the Romani to describe attempts by the Nazi regime to exterminate most of their people in Europe. Read more Video
December 16, 1950 President Truman proclaimed a national state of emergency in order to fight “Communist imperialism.” This followed major Chinese intervention in the Korean War, launching a counter-offensive with 300,000 men against Republic of Korea, United States and United Nations troops.The U.N. command, under General Douglas MacArthur, had attacked the North Korean Army at Inchon three months earlier, liberating Seoul, destroying three divisions and forcing a retreat by the North Korean People’s Army. North Korean Leader Kim Il Sung (second from L) with the Korean-Chinese joint military command
Remember Mace is a notorious attention hound, demanding her staff book her constantly on different media. She does any stunt she thinks will gain her attention. She made over 500 tweets in two days about a new trans member to congress and the bathroom ban she was pushing but at no time did she mention anything helping her constituents. She even sent a staffer back an hour or so later to ask the man to repeat what he said to Mace. So she clearly did not feel assaulted then. But after a time thinking how to spin it for more attention she suddenly claimed to have been badly assaulted with damage to both wrists and her arm so bad that she is parading around with her arm in a sling. What a phony. Slandering an advocate for foster youth and trans kids for clicks and views. She never grew up, she is still a high school girl chasing fame on social media. Hugs
This breaking news story will be updated as more information becomes available.
Aformer foster youth and award-winning advocate for children was arrested at the U.S. Capitol tonight — a bizarre twist in an otherwise celebratory day of events — after South Carolina Rep. Nancy Mace accused him of assault.
The incident took place outside a House of Representatives office building following an event honoring the anniversary of a landmark child welfare law where Mace, a firebrand Republican, had given a speech. Three witnesses at the scene told The Imprint their accused colleague James McIntyre had done nothing more than shake the congress member’s hand at the House reception, and asked her to protect the rights of transgender people.
But in a post on the social media platform X, Rep. Mace described a violent confrontation.
U.S. Rep. Nancy Mace
“I was physically accosted at the Capitol tonight by a pro-tr*ns man. One new brace for my wrist and some ice for my arm and it’ll heal just fine,” she posted at 8:43 p.m. “The Capitol police arrested the guy. Your tr*ns violence and threats on my life will only make me double down.”
The arrest stunned onlookers.
A group of McIntyre’s fellow foster youth advocates rushed to the outside of the Rayburn House Office Building to watch the scene unfold. They stood by tearfully as he was searched for several minutes by police, asking officers where he’d be taken and calling frantically for an attorney who could represent him.
McIntyre, 33, has spoken publicly about his excruciating experience growing up in foster care, and is now a leading voice in policymaking in his home state of Illinois. He is also a chapter co-founder of the influential group Foster Care Alumni of America. In 2019, the National Association of Social Workers’ Illinois chapter named him the “Public Citizen of the Year.”
An officer with the Capitol Police Department told a reporter present at the scene that they were responding to a call about an “assault.” McIntyre was then placed into a police van and driven off.
Other attendees have reacted with outrage since McIntyre’s arrest.
“I want to express deep disappointment in the fact that Congresswoman Nancy Mace came to a national foster youth event, told participating youth that it was a safe space — and literally had one of them arrested by Capital police for simply shaking her hand and asking about trans rights,” said Lisa Dickson, a veteran advocate for foster youth from Ohio, in a Facebook post.
Mace is not new to such publicity. In recent weeks, she has been in the news for her successful campaign to bar newly elected Rep. Sarah McBride — a Democrat from Delaware who is transgender — from using the public women’s bathrooms in the U.S. Capitol.
At tonight’s event, Mace, who co-chairs Congress’ bipartisan foster care caucus, joined a group of legislators at a House reception celebrating the 25th anniversary of the Foster Care Independence Act of 1999. The act created the John H. Chafee Foster Care Program for Successful Transition to Adulthood, legislation that significantly expanded federal support for foster youth who leave the system after turning 18 without a permanent home.
Today’s events featured speeches from some of the former foster youth whose advocacy led to the writing and passage of the law known as the Chafee Act.
In her remarks at the House event, Rep. Mace told the crowd that while she was not an adoptee or former foster youth, she had been a victim of sexual abuse as a child. She called the dozens of advocates and foster youth in attendance — McIntyre among them — “the cream of the crop.”
“I look forward to working with each and every one of you. God bless you, I will be praying for you,” Mace said.
As she finished her comments and moved to leave the room, McIntyre approached her near an exit door, witnesses said.
Elliott Hinkle, a former foster youth and advocate for LGBTQ rights, said McIntyre shook her hand, and made a comment about how many transgender youth are in foster care, adding: “They need your support.”
“From what I saw, it was a normal handshake and interaction that I would expect any legislator to expect from anyone as a constituent,” said Hinkle, a consultant who has advised the federal government on issues affecting youth in foster care.
Later, Hinkle said, one of Mace’s aides returned to the reception and asked McIntyre his name and whether he would repeat what he had told the legislator. Two other people who witnessed the interaction confirmed that description of the brief episode.
McIntyre left the celebration, but he was later summoned back to the Rayburn Building by police.
Hinkle said his subsequent arrest “sends a chilling effect of, you’re not actually safe to go to the Capitol Hill and share an opinion that is true for you, that isn’t violent — because right now if you do, a congressperson might say that they were physically assaulted and call the police on you. So how would a young person in care feel safe?”
Michael Fitzgerald contributed to this report.
I hope everyone can see what the rabid right haters are trying to do. Not only gaslight everyone lying that a horrible assault happened and trans people are the fault and guilty party, but that the left endorses it. A woman was assaulted by a pro trans … trying to hint or make it sound like it was a trans man who did it. The log cabin people are the silliest as they claim she is a supporter of the LGBT, notice the last letter. They can not find a real attach on a woman by a trans person so now they are trying to make one up. Normal maga right dirty tricks. Hugs
With new restrictions on gender-affirming care, prisons confiscate underwear from trans people and compel them to cut their hair.
Earlier this fall, Florida officials ordered transgender women in the state’s prisons to submit to breast exams. As part of a new policy for people with gender dysphoria, prison medical staff ranked the women’s breast size using a scale designed for adolescents. Those whose breasts were deemed big enough were allowed to keep their bras. Everyone else had to surrender theirs, along with anything else considered “female,” such as women’s underwear and toiletry items.
This article was published in partnership with the Tampa Bay Times.
The examinations came after people who had been diagnosed with gender dysphoria by the prison system’s own providers were brought into meetings at the end of September and told of the prisons’ new policy, which would make it nearly impossible for them to get hormone therapy and other gender-affirming medical care, according to interviews and emails with more than a dozen transgender women who said they attended the meetings.
Josie Takach, who is incarcerated in a men’s facility south of Tallahassee, said a male doctor told her to lift up her shirt, then glanced at her breasts and wrote something down without saying a word. When she tried to ask a question, a nurse “told me not to ask any questions and to just shut up and do what I’m told,” she recalled.
“It felt like I was being treated less than human,” she said.
The state’s chapter of the ACLU sued Florida’s Department of Corrections, which operates the prisons, in late October, calling the policy draconian and arguing it amounts to an unconstitutional ban on gender-affirming care. The new policy is the latest maneuver in the culture war around transgender people’s civil rights in the Sunshine State. Florida Gov. Ron DeSantis championed a raft of anti-trans legislation, including a law passed last year that prohibited children with gender dysphoria from accessing treatments like puberty blockers and hormone therapy. A similar law in Tennessee was the subject of arguments in a case before the U.S. Supreme Court last week.
In Tallahassee Monday, a federal judge held a preliminary hearing in the ACLU case. The state had asked the judge to dismiss the lawsuit altogether, and the ACLU asked him to stop the state from enforcing the new rules. The judge is expected to issue a ruling on these questions in the coming weeks.
The Florida Department of Corrections’ media office did not respond to multiple emails and phone calls with detailed questions, but in court papers responding to the ACLU’s lawsuit, the department’s lawyers argued that the new rules are “a carefully crafted policy that creates an individualized course of treatment for each inmate based on scientific evidence and clinical judgment.”
Under the new policy, the Department of Corrections stated that the prisons will only provide those with gender dysphoria with psychotherapy — and not cross-gender hormones — except “in rare instances … if necessary to comply with the U.S. Constitution or a court decision.” The policy argues that “unaddressed psychiatric issues and unaddressed childhood trauma could lead to a misdiagnosis of gender dysphoria,” and that cross-gender hormones “may be requested by persons experiencing short-termed delusions or beliefs which may later be changed and reversed.”
Florida has the country’s third-largest state prison system, with more than 87,000 people incarcerated at the end of September. Of those, 181 have been identified by the department as transgender, and about 100 received hormone treatment, according to documents state officials filed with the courts in the ACLU case.
The new policy was announced in meetings in several prisons across the state at the end of September. Transgender women who attended the meetings said they were told by officials that everyone identifying as transgender would be “re-evaluated” to assess whether they can have continued access to the care and accommodations they had been receiving, such as permission to grow their hair long. Officials have not told the women whether and under what circumstances they will be allowed to stay on the hormones they have been receiving.
Since then, more than a dozen transgender people said corrections officers ordered them to cut their hair. Mariko Sundwall told The Marshall Project that she was given a disciplinary infraction and spent 10 days in solitary confinement for refusing to cut her hair before officers put her in handcuffs and led her to the prison barber where her hair was cropped short.
“[Before] my hair was long enough for a ponytail. Now I have a buzz cut,” said Jada Edwards, incarcerated in Dade Correctional Institution south of Miami. “I’m very sad and depressed. I feel like they’re taking away my identity.”
Scores of women also had their breasts examined, according to filings in the suit and interviews with some of the women. A medical provider for the state assigned each transgender woman a rating on the Tanner scale, a system used by pediatricians to assess the development of adolescents during puberty. Several of the women said they weren’t told what stage was required for permission to keep their bras, but that almost everyone they knew had theirs taken away.
Some report hiding bras or sewing makeshift underwear — although now women’s undergarments are considered contraband and could result in disciplinary charges — because they feel naked and exposed without them.
“I feel like I’m 12 years old again, sneaking around wearing a bra,” said Takach, after her female undergarments were confiscated.
The new policy, which requires psychotherapy to treat underlying issues rather than treating the dysphoria, “comes off like conversion therapy,” says Daniel Tilley, the lead attorney from the ACLU of Florida. “We’re trying to change your fundamental nature to get you to stop being who you are.”
Sarah Maatsch, who is incarcerated in a men’s prison south of Orlando, said she was told that the gender dysphoria diagnosis she received from corrections department doctors in 2019 would now be considered a serious psychiatric illness. If she wants to continue her treatment, she said she was told, she would have to move to a more restrictive prison with more psychiatric services, but fewer work and programming opportunities.
“We are all devastated,” said Maatsch. “There are good days, bad days and the very bad days where a part of you hopes you have a heart attack.”
The new policy is the latest change in health care for transgender people in Florida after a 2023 law said any “governmental entity” in Florida “may not expend state funds … for sex-reassignment prescriptions or procedures.” It did not name prisons specifically, but the Department of Corrections’ new policy says it “shall comply” with this law.
Shortly after DeSantis’ anti-trans bills were passed, transgender people in state prisons began reporting that medications were abruptly changed or delayed with little or no explanation.
Courts have held that prisons are required under the U.S. Constitution to provide gender-affirming hormones as needed. Dan Karasic is a psychiatrist at the University of California, San Francisco who helped develop international standards for treatment of transgender people and who has testified against bans on gender-affirming care in Florida and elsewhere. He read Florida’s new guidelines at The Marshall Project’s request and called them “a fig leaf on their efforts to ban gender-affirming care. They are really trying to skirt the law, as determined by multiple courts, that gender-affirming medical and surgical care must be provided when medically necessary.”
The Florida prison system’s program to treat prisoners with gender dysphoria began in 2017, after Reiyn Keohane sued the state. The federal judge in the case said that the Department of Corrections’ refusal to provide Keohane with hormones and social accommodations, like women’s clothing and haircuts, caused her “to continue to suffer unnecessarily and poses a substantial risk of harm to her health.” During the course of the lawsuit, the state began providing gender-affirming hormone therapy, access to makeup, women’s clothing and other social accommodations within its prisons.
Behind the scenes, Danny Martinez, the state prison system’s medical director, began revising the state’s gender-affirming care program in 2020, he said in a court declaration in response to the ACLU’s recent lawsuit. As many as one-third of the people on hormones in Florida’s prisons were not attending group or personal therapy sessions, he said. “I observed no decrease, and in fact an increase in grievances to the medical and mental health staff from inmates receiving hormone therapy, indicating to me that the treatment solely based on hormone therapy without additional mental health treatment produced limited success,” he wrote. An email to Martinez seeking comment was not returned.
Martinez said he designed the new program based on a 2022 report by Florida’s Medicaid organization that found “insufficient evidence” that medical interventions for gender dysphoria are safe or effective. The report led to the state’s Medicaid program banning coverage of gender-affirming medical care. But a federal judge, in striking down the Medicaid ban last year, found that the report was “a biased effort to justify a predetermined outcome, not a fair analysis of the evidence,” and the report’s conclusion was “not supported by the evidence and was contrary to generally accepted medical standards.”
So far, none of the transgender women incarcerated in Florida have reported being taken off their hormones, but the looming threat has led to widespread anxiety.
“If they took away my hormone therapy treatment, I would be ready to end my life. I’m at that point,” said Sasha Mendoza, who is incarcerated in a men’s prison near Miami, in a declaration filed in the ACLU case. “It may sound drastic. But FDC just let me start my transition and I was doing so well, and now they are making me stop. I’m halfway there and halfway not there.”
