Judge Rules in Favor of Transgender Inmate Who Alleged Harassment

An administrative judge ruled that a Maryland prison’s treatment of a transgender inmate violated federal regulations, ruling that she deserved compensation as a result.
Blog Post (Maryland)

Jacob Gershman
Wall Street Journal (WSJ)
September 25, 2015

Tags: LGBTQ, Prisoners Rights, Solitary Confinement

Organizations mentioned/involved: FreeState Justice (MD)


“It’s the first time that an inmate has received relief under the Prison Rape Elimination Act, certainly the first time a transgender individual has,” Ms. Brown’s lawyer, Rebecca Earlbeck, a staff attorney with the legal advocacy organization FreeState Legal Project Inc., told Law Blog.

The prison argued that the strip searches of Ms. Brown were compliant with federal law and that she was moved into a segregation unit based on a determination that she “was a threat to the security of the institution,” the court opinion said.

Lawyers for the state of Maryland also argued that the federal law didn’t apply to Ms. Brown’s case because the statute didn’t create a private cause of action.