A Victory for Inmate Rights: Florida Department of Corrections Removes Citation for Refusing Strip Search by Transgender Guards
A female prison inmate recently had her disciplinary citation removed by the Florida Department of Corrections (FDC) after she refused a strip search conducted by two transgender prison guards. This development was confirmed by Senator Keith Perry (R) of Florida’s 8th district, who received a tip about the incident. The inmate confided in a prison volunteer, who then relayed the message to Senator Perry’s office.
According to Senator Perry, the prison’s policy is to have female guards search the inmates. However, due to the fact that the two guards identified as transgender women, they were allowed to conduct strip searches on female inmates. The incident took place at Lowell Correctional Institution, a women-only state prison in Marion County, Florida.
Senator Perry’s office promptly contacted a representative from FDC, who confirmed the tip. These citations have an impact on inmates’ ability to pursue recreation time and other privileges.
Despite the prison accepting the inmate’s refusal and agreeing to reassign the guards for the search, the inmate still received a citation for her request. Secretary Ricky D. Dixon of FDC personally called Senator Perry to confirm the inmate’s allegations.
Florida State Sen. Keith Perry (R-8th D.). (Courtesy of Florida State Senate)
“The secretary said the first thing he did was have the warden remove the disciplinary report from this lady’s record. And he had a talk with the warden” to reassign the transgender guards, Mr. Perry said.
Efforts to reach a representative from Lowell Correctional Institution for comment were unsuccessful.
Senator Perry is concerned that the resolution by FDC only addressed the concerns of the inmate who complained, without considering the potential concerns of other inmates who may share similar feelings about guards conducting strip searches.
“I think what’s important is, is this ongoing? Is the problem solved or temporarily solved?” Senator Perry questioned.
Requests for comment from FDC representatives have not been immediately answered.
The senator expressed his intention to pursue legislation in Tallahassee to address inmate concerns throughout the state. He also highlighted that this is not the first instance of alleged misconduct at Lowell Correctional Institution.
In 2018, the United States Department of Justice (DOJ) sent its Civil Rights Division to Marion County to interview inmates about the conditions inside the women’s prison.
The DOJ investigation concluded that the conditions at the prison violated the Eighth Amendment of the U.S. Constitution by failing to protect prisoners from sexual abuse by the staff.
In a 2020 news release, Eric Dreiband, assistant attorney general for the Civil Rights Division, explained the allegations.
“Prison officials have a constitutional duty to protect prisoners from harm, including sexual abuse by staff,” Mr. Dreiband stated.
Sign outside the women-only state prison in Ocala, Fla. (Courtesy of Florida Department of Corrections)
“Sexual abuse is never acceptable, and it is not part of any prisoner’s sentence. Our investigation found that staff sexually abused women incarcerated at Lowell and that these women remain at substantial risk of sexual abuse by staff.
“Our investigation also found that sexual abuse is frequent. This systemic misconduct means that many women suffer abuse. In addition, prisoners are discouraged from reporting sexual abuse, and investigations of sexual abuse allegations are inadequate.
“This illegal and indecent treatment of women must end, and the Department of Justice will not tolerate it,” he added.
U.S. Attorney Maria Chapa Lopez for the Middle District of Florida echoed Mr. Dreiband’s sentiments.
“This investigation represents a first step towards putting an end to sexual abuse at the Lowell Correctional Institution, and we look forward to working with the State of Florida in finding tangible, effective solutions,” she said.
The DOJ’s investigation was conducted through the Civil Rights of Institutionalized Persons Act (CRIPA), which empowers the DOJ to take action against the deprivation of constitutional rights of individuals confined to state or local government-run correctional facilities, as stated in the DOJ release.
What prompted Senator Perry to take action regarding the strip search incident at Lowell Correctional Institution?
Jailed: Reports
8/20/2023
Senator Perry expressed his concern over the incident and took prompt action. He sent a letter to FDC Secretary Mark Inch, requesting an explanation and urging the department to reconsider its policy regarding strip searches conducted by transgender prison guards. Senator Perry noted that allowing transgender women to conduct strip searches on female inmates not only violates the privacy rights of the inmates but also raises serious safety concerns. He argued that the policy should be updated to ensure that only guards of the same biological sex conduct strip searches on prisoners.
In response to Senator Perry’s inquiry, FDC issued a statement acknowledging the incident at Lowell Correctional Institution. The department confirmed that the disciplinary citation against the inmate was removed after further investigation. FDC also stated that it does not have a specific policy regarding strip searches conducted by transgender prison guards, and that the incident was a result of individual decisions made by the staff on duty. FDC assured Senator Perry that it will review its policies and practices to ensure that inmate rights are respected and protected.
Transgender rights have been a topic of debate and controversy in recent years, particularly in relation to prisons. The issue of transgender inmates being assigned to prisons based on their gender identity has raised concerns about the potential risks to other inmates. Critics argue that allowing transgender women, who were assigned male at birth, to be housed alongside female inmates could jeopardize the safety and well-being of those female inmates. They believe that the physical differences between cisgender women and transgender women create an inherent risk in such situations.
However, advocates for transgender rights argue that transgender women should be treated according to their gender identity and not their assigned sex at birth. They emphasize the importance of respecting transgender individuals’ rights and dignity, including their right to work in fields such as prison administration and security. They argue that restricting employment opportunities based on gender identity perpetuates discrimination and stigmatization.
The incident at Lowell Correctional Institution highlights the need for clear and comprehensive policies that strike a balance between inmate rights and safety concerns. While respecting the rights of transgender individuals, it is crucial to ensure the safety and privacy of all inmates. The FDC’s commitment to reviewing its policies and practices is a step in the right direction. By addressing this issue, the department can work towards creating an environment that safeguards inmate rights while maintaining a secure and orderly correctional system.
In conclusion, the removal of the disciplinary citation against the inmate who refused a strip search by transgender prison guards at Lowell Correctional Institution is a significant victory for inmate rights. The incident has shed light on the importance of crafting clear policies that address the needs and concerns of all parties involved. By doing so, the Florida Department of Corrections can enhance inmate safety, protect their rights, and promote a fair and inclusive correctional system.
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