Trans Rights

Beard v. Falkenrath

Submitted by Re'Neisha Stevenson on Tue, 09/03/2024 - 14:47

Transgender woman alleged that prison officials violated her constitutional rights by using excessive force, stripping her clothes off in view of other inmate, and retaliating for filing complaints against them; removal of clothes was search under 4th Amendment; not clearly established that equal protection clause prohibited officials from engaging in gender identity discrimination; not clearly established that inmate had First Amendment right to wear gender identity conforming clothing; not clearly established that inmate had First Amendment right to require prison officials to use her pre

Brenda Wernikoff v. Loletha Graham-Smith, Margaretta Collins, Vanessa Ellis, Edward Flemming, Frank Chiola, John Does 1 - 5, and the City of Boston

Submitted by Howard Friedman on Sun, 11/13/2022 - 22:47

On May 19, 2010, Boston police officers arrested Ms. Wernikoff, a male-to-female transgender woman, because she was using the women’s bathroom at a homeless shelter. Ms. Wernikoff’s use of the bathroom based on her gender identity was entirely appropriate, as both BPHC policy and a Boston city ordinance make clear. Officers took Ms. Wernikoff to the police station, where male officers including forced her to remove her shirt and bra, exposing her breasts, and to jump up and down, causing her breasts to jiggle. The officers laughed at Ms. Wernikoff. She felt humiliated and degraded.

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