Federal Court Rules that Failure to Castrate Bank Robber is Cruel and Unusual Punishment

If you want to see the kind of insanity that happens when Democrats take over the criminal justice system, look no further than the Fourth Circuit Court of Appeals.

This is the story of Michael A. Stokes, a bank robber serving a 73 year sentence, who decided to rename himself Ophelia Azriel De’lonta and pretend to be a woman. And that would be fine. 73 years is close to life and if you’re going to be spending 1983 to 2056 in a cell, then you might as well find creative ways to pass the time, whether it’s befriending a mouse or claiming to the messiah. And since Stokes is now 52, he would 96 by the time he’s released. Which is pretty old to rob banks or star in Gypsy.

But in a Democratic run justice system, it’s not enough for the inmate to be crazy, the court has to be just as crazy as he is.

So this is also the story of the Virginia Department of Corrections which not only allowed Michael Stokes to dress up as a woman, but also paid for his psychological counseling and hormone therapy. But that wasn’t good enough for Ophelia and all the other people living in Michael’s head. He wanted Virginia taxpayers to pay to castrate him in the hopes that would finally turn him into a woman.

While Virginia taxpayers might have been open to castrating Stokes, they weren’t willing to pay $20,000 to do it, when a good veterinarian could do it for 50 bucks and a shot of whiskey.

And the story would have ended there, but then the ACLU came on the scene and sued the Virginia Department of Corrections for not providing “medical treatment” for Stokes’ problem, by which they did not mean electroshock therapy or hiring an exorcist.

Around this time Michael A. Stokes tried to manually castrate himself, which would have saved the State of Virginia even more money, but he failed at that as badly as he failed at bank robbery or being a man.

Clearly this was proof that Stokes’ big heaping bag of crazy was a serious medical condition that required immediate castration by competent professionals.

“This is not a choice. Transsexuals are born and not made,” said psychiatry professor George R. Brown at East Tennessee State University, an expert in gender identity disorder. “If you didn’t have this condition, why would you want to have your genitals removed, if not by a competent surgeon but by your own hand?”

I’m not a professor of psychiatry, but I will go ahead and guess that it’s a symptom of a severe mental breakdown. Crazy people also try to chop off their fingers. Does that mean they were really born fish?

Assuming that the things that crazy people do to themselves establishes some form of genetic identity is well… crazy.

Stokes had a criminal record that included 17 different convictions. He was found guilty of robbery seven times, three times for weapons violations, one for malicious wounding, one for sodomy, and two for drug offenses. And apparently some of these crimes were even carried out to raise money for his sex change operation.

Now that he was in prison, Michael switched to holding up the taxpayers to pay for his plan to become a woman using the ACLU as his gun.

But the craziness marched on to the United States Court of Appeals for the Fourth Circuit. Hearing the case were Justice Diana Gribbon Motz, the first woman from Maryland to sit on the Fourth Circuit, Justice Albert Diaz, the first Puerto Rican to sit on the Fourth Circuit and Justice Robert Bruce King, who, unless he got a sex change operation or moved to Puerto Rico, would always be just another white guy.

King and Motz were Clinton nominees. Diaz was an Obama nominee who was nearly kept off the bench by a Republican filibuster but who made it anyway. And brilliant legal scholar that he is, Diaz wrote an opinion claiming that the failure to castrate Stokes violates the Eight Amendment’s Cruel and Unusual Punishment provision thereby making it Unconstitutional

This is your justice system. This is your justice system on crack.

De’lonta’s complaint alleges that, in light of their knowledge of her ongoing risk of self-mutilation, Appellees’ continued denial of consideration for sex reassignment surgery constitutes deliberate indifference to her serious medical need in violation of the Eighth Amendment.

…just because Appellees have provided De’lonta with some treatment consistent with the GID Standards of Care, it does not follow that they have necessarily provided her with constitutionally adequate treatment.

…although Appellees and the district court are correct that a prisoner does not enjoy a constitutional right to the treatment of his or her choice, the treatment a prison facility does provide must nevertheless be adequate to address the prisoner’s serious medical need.

There is a story about the family who lets a boy pretend to be a chicken because they needed the eggs. The left has similarly become entangled in insanity because it needs the power that comes from it.

Who is the real lunatic in this story?

Is it Michael Stokes, the bank robber who tried to castrate himself with some disposable razor blades and who gets upset every time he sees his female therapist? Or is it Diana, Albert and Robert? Or is it the entire system that pandered to the insanity of a mentally ill man instead of sending him to a mental institution, and that will end up spending 20 grand to castrate him because the failure to castrate a criminal who wants to be castrated is now considered to be an Unconstitutional form of Cruel and Unusual Punishment?

The Founders would have considered castrating a criminal to clearly be Cruel and Unusual Punishment. But Liberalism, in its infinite wisdom, considers it a civil right.

  • Elizabeth Basara

    I'm speechless. Lord help us.

    • Mick

      "Refine and enlarge the public views by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations. Under such a regulation it may well happen that the public voice, pronounced by the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves, convened for the purpose. On the other hand, the effect may be inverted. Men of factious tempers, of local prejudices, or of sinister designs, may, by intrigue, by corruption, or by other means, first obtain the suffrages, and then betray the interests of the people." ~ James Madison The Federalist Papers, No. 10.

      Yeah, it's pretty much on the other hand these days. Madison and the other founders did their part created one of the best systems in the world and handed it down to our generations and we let morons and wicked people run the show, we sold out cheap with promises by hucksters to rob our neighbors to pay our own bills. Bottom line the system our founders gave us was not designed for a pagan society.

  • truebearing

    Where do I start? How about with the idiot psychiatry professor? He appears to have mastered the art of non sequitur thinking, but clearly doesn't have a clue about human psychology. Is it any wonder the deranged can get no help? Allowing Professor Brown to teach psychiatry is like handing out coupons for free gasoline to practicing arsonists.

    If removing the offending organ(s) is truly the answer to Stokes misery, I recommend a guillotine. It would undoubtedly improve the thinking of the good professor and the three judges, as well.

    • Edward Cline

      The guillotine would also relieve Stokes of the agony of not being what he wishes to be.

  • cdnbn

    I like the quip about fish.

  • JacksonPearson

    The democrats are good at perverting the Constitution. Getting leftist lawyers appointed to the federal bench doesn't appear to be a problem. But how in the hell do so-called judges like these three, even make it through law school? Help me, anyone???

    • Mary Sue

      They quite clearly took womens/ethnic/gender studies, or had kooky professors that taught them such things when they should have been learning Math or the constitution.

      • JacksonPearson

        Good thought…I agree with your light curriculum, and kooky professors theory.
        Affirmative action is a liberal cure all, except when it comes to actual performance.

  • Joel

    I guess it's a civil right as long as you can use anesthetics under Hussain CAIR aka Obamacare. But under Hussain CAIR we may soon run out of anesthetics. Oh well, what's a little pain here or there.

  • Cat K

    Again, to all who may feel they need treatment by a mental health professional- be aware of the type of views the majority of them hold. I regret that this is the case. But, in our culture today "insane" are truly running the "asylums."

  • tagalog

    Since when is castration "adequate to address the prisoner's medical need?" What medical need is there? I see a "want," not a need.

    When it was convenient to say so, castration (which once was a recognized criminal punishment, and even a eugenic "treatment" in the U,.S, at one time) was characterized by progressives as particularly barbaric when done by the state. Now they want to mandate it.

    If a prisoner repeatedly attempts to hang himself, is he now to be entitled to physician-assisted suicide?

    Isn't castration, even professionally-performed castration by surgeons, considered a disfigurement?

    I can't believe that it's the state's obligation to assist a duly convicted prisoner to change his gender, not on the taxpayers' dime. Give the prisoner a broken bottle (duly sterilized, of course) and a bottle of booze and tell him to have at it.

  • SoCalMike

    Our Best and Brightest…..

  • Edward Cline

    The Stokes complaint reminded of that West Side Story number, "Officer Krupke":

    "Daddy beats my mommy.
    My mommy clobbers me.
    My grandpa is a commie.
    My grandma pushes tea.
    My sister wears a moustache.
    My brother wears a dress.
    Goodness, gracious!
    That's why I'm a mess!"

    I guess Stokes is looking forward to singing those lyrics in his newly-found falsetto voice. Or maybe not. The three judges cited in this article seem also be victims of a "social disease" – sociology and modern psychiatry.

  • Ar'nun

    "Who is the real lunatic in this story?"

    No, the real lunatics are we the people because we have allowed this to happen. In Massachusetts there is a similar story about a murderer who beat his wife to death with his bare hands and then while in prison decided he wanted to be a women. First the Mass courts eagerly approved his petition to chance his name from Mark to Michelle. Then hormone treatment, then breast inplants, but Michelle still wasn't satisfied and wanted the full monty. Well to everyone's surprise, the AG's office said no. It of course went to court where the judge wrote in his ruling that he doesn't believe it is Constitutionally relevant to give him the sex change operation, but since the State didn't bother to mount a case, he was forced to grant it.

    At first they estimated $20,000 for the surgery. But they couldn't find anyone in all of New England capable of performing the surgery, so they now have to either send Kosaleck to California to have the surgery, or bring the so called Doctor to Mass which has now pushed the prce over a Million Dollars.

    • tagalog

      Where does the million-dollar expense come from? I could fly from my home to Massachusetts and back for under a thousand dollars, and I have a straight razor. I'd do it for, say, $5,000. Oh heck, it's Massachusetts, make it $10,000. Well, wait a minute, if Massachusetts is willing to spend a million, let's make my fee $100,000. Lodging in a motel would probably cost under a thousand bucks for a week. Besides, I wouldn't want to stay in Massachusetts for a week. With meals, we're talking a net expense of under $110,000.

      • http://twitter.com/jilldavidson53 @jilldavidson53

        The million dollars is the cost of MA Dept of Corrections continual appeals of a decision that would've cost than $20,000 without the appeals


    If "Transsexuals are born and not made,” did anyone think of checking this guy's chromosomes?

  • Anonymous

    I suspect that *had* the state castrated the inmate, the ACLU would have immediately sued on the grounds of "cruel and unusual" punishment. The ACLU is without principles, other than self-enrichment.

  • Omar Kahlid

    Clinton and Obama are two of the smartest people alive today. If they appointed these judges then the judges must be brilliant scholars themselves. Obama will soon ascend to higher duties and all of you evil critiques will be tormented. better pray to Obama to forgive you now while you can still be enlightened.

    • Gregg

      You are sick. Just because Madonna, Clooney, Cher, Pelosi, Reid and such say it is OK to even PRAY to Obama, it ain't right.

  • liquidbabydoll

    gimme a break- nell carter wanna be should have thought about it before committing violent crimes