A federal judge has declined to order the provision of female undergarments and dental care to a detainee in Washington County, believing he was unable to do so as part of a criminal case.

Carissa Ann Casner has been in jail for one year, largely in Washington County. She only has four teeth, which limits what she can eat. However, the government informed her it would not pay for dentures until she had been incarcerated for two years.

At the same time, Casner pointed out the Washington County jail, unlike other facilities, does not provide brassieres to female detainees. The garments are available for purchase for $20, and any detainee who tries to make their own incurs a fine of $3.

On Oct. 27, U.S. District Court Judge William J. Martínez turned down Casner’s request to order the U.S. Marshals Service to provide her with dental care and undergarments. He acknowledged the federal appeals court with jurisdiction over Colorado has never explicitly addressed whether detainees facing federal charges may challenge the conditions of confinement through their criminal cases, or if they need to file a separate civil lawsuit.

Martínez ultimately concluded a separate civil case was required.

“After reviewing the Government’s legal authority, the Court agrees that Casner’s Motion, brought in the context of her criminal case, is not an appropriate vehicle for the Court to Order the relief she seeks,” he wrote.

Casner pleaded guilty to one count of mail theft in December 2021. Her sentencing, originally set for May of this year, is now scheduled for Nov. 4.

In the meantime, Casner challenged the Washington County jail’s compliance with the standards set by the American Correctional Association. Specifically, Casner alleged the jail should have provided her with dentures under the ACA standards because a dentist indicated such treatment was necessary.

The ACA standards also require jails to provide detainees with a “standard wardrobe” that includes undergarments. The Washington County Sheriff’s Office does not provide bras because it “has had issues with inmates smuggling drugs and introducing sharp objects into their facility,” Mel-Jovan Sanchez with the Marshals Service wrote in an email to Casner’s attorney.

Instead, the jail provided “additional t-shirts to compensate.” That practice, argued Assistant Federal Public Defender Mary V. Butterton, negatively affects detainees’ health and dignity.

It “subjects female detainees to degrading and humiliating attention from the largely-male staff at the Washington County Jail,” Butterton wrote. “The power dynamics between guard and detainee are already in deep imbalance; this policy to have indigent women live braless in front of the (mostly) men who control their every movement is degrading and should not be permitted.”

In response, prosecutors expressed skepticism over the ability of a judge to order the Marshals Service, which is responsible for housing federal detainees, to provide the relief Casner wanted under the circumstances. However, Assistant U.S. Attorney Brian Dunn indicated the government has backed down on Casner’s request for undergarments.

“The Government has contacted the marshals concerning the defendant’s requests. The undersigned has been informed that the marshals have ordered a bra for the defendant, and she should be receiving that bra shortly,” Dunn wrote.

He suggested Casner’s request for dentures would be treated differently once she is sentenced and will likely transfer to the Arapahoe County jail.

The case is United States v. Casner.