Posted on 11/30/2018 9:31:55 PM PST by simpson96
Fior Pichardo de Veloz, a grandmother arrested in Miami, suffered a serious indignity at the hands of the Miami-Dade County Corrections Department: jailers booked her as a man and she spent nearly 10 hours in a holding cell surrounded by leering inmates.
Her shame was compounded when a federal judge threw out her lawsuit, saying the jail staffers were protected from a trial for negligence.
But clearly disturbed by the outrageous mistake, a federal appeals court this month reinstated the lawsuit against the jail doctor and nurse who insisted jail officers book Pichardo as a man — even though a strip search had already shown she was a woman.
“Every reasonable prison officer and medical personnel would have known that wrongfully misclassifying a biological female as a male inmate and placing that female in the male population of a detention facility was unlawful,” Judge Frank Hull wrote in the unanimous opinion released Nov. 21.
The decision means that she can now pursue a trial against Dr. Fredesvindo Rodriguez-Garcia and nurse Fatu Kamara Harris. An attorney for Miami-Dade County, which is representing the doctor, declined to comment. Harris’ lawyer did not return a request for comment.(snip)
Pichardo, now 55, is an attorney and local elected official in the Dominican Republic. Pichardo had come to Miami in 2013 to witness the birth of her grandchild when she was taken into custody on an old drug case she didn’t know was outstanding.
She was arrested at Miami International Airport on Nov. 4, 2013. From the start, the evidence was clear that she was a woman — the arresting officer listed her gender as female.
(Excerpt) Read more at miamiherald.com ...
Gender is SO fluid these days.
How can any Gov’t agent be held liable for any gender assignment these daze?
#Floriduh
No kidding - haven’t we been told be the enlightened ibtelligwntsia that genitals don’t denote gender?
“An honest mistake.”
No. It wasn’t an honest mistake. People are put in jail populations based on their actual gender, as determined by their genitals. She was examined, her female parts were examined. There is no excuse.
I work in a prison. I can tell you that this stupid move not only jeopardizes the safety of the inmate, it jeopardizes the safety and security of the jail staff as well.
The people involved should be out of jobs, blacklisted, and sued right down to their skivvies.
She had an old drug charge. Was she deported. What’s the rest of the story.
She looks like a woman to me from that photo.
Some people in positions of authority hate to admit that they have made a mistake. Sometimes they won’t even admit it to themselves. You will see this pompous, condescension in education, medicine and law. Even fast food restaurants.
Surely the warrant was made out for a female, or are they not putting any identifying information on government documents anymore?
The newspaper story makes it sound like there was more of a deliberate effort to misclassify her, than a mistake; but never attribute to malice what can be explained by incompetence.
Irony much? So many women are desperate to be seen as a man. Yet this woman is seen as a man and she gets royally POd.
Life used to be so simple.
The legal claim that the federal appellate court endorsed was that the doctor and nurse had been deliberately indifferent to their clearly established duty to assign the plaintiff to gender-appropriate inmate facilities. Their rather thin explanation was that there was a medical note in the file to the effect that the plaintiff was taking hormone therapy, which led them to assume that it was pursuant to gender reassignment. The obvious possibility of it being post-menopausal hormone therapy was supposedly ignored, as was the chance to examine and question the plaintiff in order to resolve the issue.
Just want to point out that this happened in 2013 so today’s ‘craziness’ can’t really be blamed and it does change the whole complexion of the situation.
The Republicans have got to clean up the state of Florida. Too much crap going down there (Sheriff Scott Israel and his band of cowards and incompetent men/police), anti-Semite Gillum almost winning a senate race, Jeb Bush still mouthing off, and Broward County still as crooked as can be.
That’s Edward James Olmos in a wig.
” How can any Gov’t agent be held liable for any gender assignment these daze? “
This was a nurse and then a doctor, supposed medical professionals. The results of their malpractice could have been horrifying, especially had it been a younger person.
There was no mistake, they did it on purpose!
I agree. Gross negligence at the very least.
Simply no excuse.
I looked at her picture.
This was malice.
I am betting she pulled “do you know who I am?” and that she gratted on the bookers who hear that crap all the time.
In this case she really was someone who cleaned up their life and became a lawyer and a politician. The jail personnel thought she was still the druggie she once was and what could she do?
They are about to find out.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.