The Legal Aid Society filed this lawsuit on behalf of S.W., a transgender woman who was brutally raped and assaulted by two incarcerated men while she was in the custody of the New York City Department of Corrections (DOC). Ms. W’s rape, assault, and subsequent physical and mental trauma was a direct result of DOC’s practice of solely relying on an administrative court form known as the “securing order” to determine if a detained individual is sent to a men’s or women’s facility. In the securing order, court staff mark “M” or “F” based on information that is frequently inaccurate for transgender people. Because the securing order for Ms. W was marked with an “M,” she was wrongfully placed in a men’s facility, at great risk to her safety. Through our ongoing lawsuit, we are seeking money damages for Ms. W and declaratory and injunctive relief to end DOC’s reliance on the securing order to determine the placement of detained individuals.

This litigation is among the first to seek injunctive relief under New York City Administrative Code § 8-502, which allows individuals who have faced unlawful discrimination to ask a court to enjoin unlawful policies or practices even if the plaintiff is no longer subject to that policy or practice.