Court rules El Paso County Jail violated transgender woman’s rights by housing her in male facility
EL PASO COUNTY, Colo. (KRDO) – On Wednesday, a federal appeals court in Denver ruled that the El Paso County Jail violated a transgender woman's constitutional rights when they forced her to house with male inmates – a decision that the woman's lawyers call a "major victory for transgender rights."
The ruling reverses a district court's decision to dismiss claims of discrimination made by Darlene Griffith, who has been living openly as a transgender woman for over 20 years.
According to court documents, when Griffith was detained in the summer of 2020, she asked El Paso County officials to house her in a female unit, saying she feared "being constantly searched by male guards" and "being sexually abused and assaulted in male facilities by both guards and inmates."
But, according to Griffith, jail officials refused to house her in a female unit per the department's official Housing Policy, makes arrangements "on the basis of the individual's genitalia," court documents read.
As part of the intake process, Griffith underwent a strip search, during which deputies told her a man would have to conduct the search because she was "still a male in El Paso County's system."
During the search, Griffith alleges she was sexually assaulted by a male deputy.
It wasn't the only instance of assault Griffith alleges to have endured from both deputies and other inmates during her time at the male facility; court documents reveal that a witness informed El Paso County officials that they saw Griffith being assaulted by other inmates at least three to four times.
Griffith also claims she was denied women's underwear and sports bras, and not allowed to buy lipstick available to female prisoners through the commissary.
In 2020, Griffith filed a civil rights lawsuit over her forced confinement with men at the El Paso County Jail, but the case was dismissed. However, this week's ruling, which determined that Griffith provided enough evidence to support her claim that she was treated differently than cisgender women, reverses that decision.
The court's decision directly contradicts a recent executive order from the Trump administration, which mandates that transgender inmates be placed in housing based on their gender assigned at birth.
Andy McNulty, a lawyer for Griffith, said that the reversal represents a major victory for transgender rights and is the "only decision from a Circuit Court of Appeals in this country holding that transgender prisoners cannot be classified in this way."
“This decision stands out as a shining beacon of hope for transgender folks in this country and explicitly protects them from the illegal and unconstitutional actions of far-right local governments and the Trump Administration,” McNulty said. “This decision sends a strong message that the ongoing demonization of transgender individuals is not only illegal, it is immoral.”
McNulty said there is a possibility this could be challenged again and at some point head to the Supreme Court.
Read the court's full decision here.
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