US Department of Justice It has been submitted Statement of interest in a lawsuit filed in Georgia alleging that denying care to transgender people violates the Americans with Disabilities Act (ADA).
“People with gender dysphoria should be able to seek the full protections of the Americans with Disabilities Act.” [sic]Just like any other person with a disability,” said Assistant Attorney General Kristen Clark of the Justice Department's Civil Rights Division. “We will ensure constitutional conditions in prisons and detention centers so that people detained in these facilities, including people with gender dysphoria, can live safely and receive the medical care they need. The U.S. Constitution requires that people in jails and prisons receive the medical care, treatment, and services they need to address serious medical conditions.”
The lawsuit alleges that the Georgia Department of Corrections (GDC) violated transgender inmates' rights under the ADA, the Rehabilitation Act, and the U.S. Constitution by denying them treatment.
“The protections of the U.S. Constitution and the Americans with Disabilities Act extend beyond the immediate vicinity of prisons,” said Ryan K. Buchanan, U.S. Attorney for the Northern District of Georgia. “Our office remains committed to ensuring that all people with disabilities, including those with gender dysphoria, continue to receive these medically necessary treatments, even while in custody.”
In another case in Missouri, Kelly McShawn, a transgender inmate convicted of rape and pedophilia, was refused access to women's underwear at the St. Francois County Jail and Southern Missouri Mental Health Center. As a result, a civil rights lawsuit was filed.
A sexually violent criminal has successfully escaped from a Missouri prison and is back in custody.
Kelly McShawn, a self-proclaimed “woman,” has a decades-long history of raping and abusing women and children as young as eight years old. https://t.co/3J6h40T4Vx
— REDUXX (@ReduxxMag) January 22, 2023
McShawn is awaiting trial after escaping from prison and assaulting staff at a sex offender treatment program, but dating back to his teenage years, McShawn raped young boys and girls, was in and out of prison, and was eventually incarcerated. It has a long history of criminal charges. . He recently claimed that he was discriminated against for not being given the underwear he wanted, a claim supported by the ACLU.around redux:
Although McShawn has alleged various forms of abuse, the majority of his complaints appear to stem from his inability to access “gender-affirming” items and treatments, particularly women's underwear. is. He also took issue with being “misgendered” and “degraded” while in custody, and treated as a man despite being listed as “female” on state and prison documents. is happening.
Mr. McShawn similarly alleges sexual harassment, and these claims are compounded by “gender-based” incidents, “gender-based discrimination” and that routine searches were not conducted in the manner he requested. It emanates from the beginning. She also claimed that she was “sexually assaulted” during a strip search, highlighting that her penis and “breasts” were exposed to male officers.
McShawn claims the incidents caused her severe anxiety, nightmares, high blood pressure and loss of appetite, and that she is seeking damages ranging from $50,000 to $100,000. In one complaint, McShawn claimed that the American Civil Liberties Union (ACLU) intervened on her behalf.
“After receiving word that the ACLU and attorneys have contacted the St. Francois County Detention Center. [sic] “In order to respect the constitutional rights of transgender people, I submitted an inmate request regarding the ability to purchase and possess women's underwear,” he wrote last August.
