An intersexed woman - generally called a hermaphrodite - is suing the Wyoming Department of Corrections in United States District Court for placing her in solitary confinement during a 14-month sentence at the Wyoming Women's Center in Lusk.

The plaintiff, Miki Ann Dimarco of Douglas, was born intersexed but was raised and lives as a female and has undergone hormone therapy, according to court documents. She was sentenced as a female to the Women's Center, and went to the jail on May 3, 2000.

When she arrived at the jail, officers strip-searched her for unusual marks or tattoos "and noticed the presence of a penis" but no other genitalia.

Dimarco qualified to be in the minimum security general population, but was placed in an area used to punish inmates. The department replied in court documents that the Women's Center psychiatrist recommended she be segregated and she was not in solitary confinement.

Segregated inmates cannot attend Alcoholics Anonymous, visit the gym, visit the law or general libraries, talk to other inmates, attend religious services, have regular visitors or qualify for the work release program, the documents state.

Dimarco claims she was placed in solitary confinement because the Women's Center does not have a policy for intersexual prisoners. She claims she repeatedly asked to be moved but officials denied her requests, and she was segregated for her 14-month sentence.

She also alleges she asked to be moved to a warmer cell and asked officials to make provisions for her lupus and multiple sclerosis. She was moved but still complained about the cold cell.

In January, she sued corrections employees, including then-Director of Corrections Judith Uphoff and Warden Nola Blackburn, under the Eighth Amendment protection from cruel and unusual punishment. She has also asked for an injunction that would prevent the department from "continuing to isolate, segregate or otherwise ignore or sweep under the rug intersexual prisoners."

She is also suing under the Fourteenth Amendment, saying she did not receive due process before officials segregated her. She is asking for $75,000 in damages for emotional distress and other unspecified damages.

Judge Clarence Brimmer has dismissed other claims under the Americans With Disabilities Act and state claims.

Dimarco's attorney Tom Sedar was not available for comment at home or at work on Wednesday. Judith Uphoff, reached at her home, declined comment. Dimarco could not be reached for comment.

State Attorney General Pat Crank said his staff is preparing for trial but had no other comment.

The trial is scheduled to begin on Jan. 20, 2004, at 9:30 a.m. in Casper. The court will travel to the Women's Center in Lusk to tour the facility the following day.