BGL Files ADA Lawsuit For Transgender Woman

April 20, 2023

Brown, Goldstein & Levy filed a lawsuit on April 18, 2023, on behalf of Chelsea Gilliam, a transgender woman who was held pre-trial at two Maryland correctional facilities for six months. Ms. Gilliam is a transgender woman who was forced to live with male inmates while incarcerated as a pre-trial detainee in Baltimore last year. She was sexually assaulted by a fellow inmate, denied her hormone therapy, and held in solitary confinement during her incarceration. Ms. Gilliam is represented by partner Eve Hill, managing partner Sharon Krevor-Weisbaum, and disability rights fellow Evan Monod.

Ms. Gilliam was arrested for an assault and was held at the Baltimore City Correctional Center and the Maryland Reception, Diagnostic and Classification Center while awaiting trial. Both facilities refused to accept Ms. Gilliam’s legally changed name and her gender identity. While at the Baltimore Jail, Ms. Gilliam was placed in a dormitory of all men for three months, from December 2021 to early February 2022. Despite her femininity and gender identity as a woman, Ms. Gilliam was forced to live and shower with male inmates. During this time, she was harassed by both officers and inmates and ultimately sexually assaulted by another inmate. The jail took no action when Ms. Gilliam reported the assault. She was also denied her hormone treatment.

In February 2022, Ms. Gilliam was moved to the MRDCC, where she was placed in segregation for her entire time in custody, solely because she is transgender. Officers shackled Ms. Gilliam by the hands, waist, and ankles each time she left her cell, even though she never violated the facility’s rules. Ms. Gilliam suffered a great deal of anxiety and distress from these experiences.

The lawsuit challenged Ms. Gilliam’s treatment as cruel and unusual under the 14^th Amendment, as gross negligence, and as violating the Americans with Disabilities Act, based on precedent set by the October 2022 Williams v. Kincaid case that affirms gender dysphoria is a disability protected under the ADA.

“The discrimination, harassment, and assault that Ms. Gilliam has been forced to endure is despicable. Despite being made aware of Ms. Gilliam being harassed and assaulted, no action was taken to correct the conditions in which she was made to live,” said BGL partner Eve Hill. “Ms. Gilliam simply asked for her equal treatment, as is required by federal law – and it was not given to her. Instead, the state imposed its own cruel and unusual punishment just because she is transgender.”

“Brown, Goldstein & Levy is committed to protecting and advancing the rights of members of the LGBTQ+ community, like Ms. Gilliam,” said BGL managing partner Sharon Krevor-Weisbaum. “We are proud to fight for justice on her behalf and advocate for much-needed accountability from those who violated Ms. Gilliam’s civil rights.”

Download the lawsuit filing here.

Watch a recording of the press conference here.

ABOUT EVE HILL

Eve Hill has been a leading force in the firm’s commitment to civil rights, high-impact LGBTQ+ and disability rights cases and advocacy on behalf of individuals and their families since joining the BGL team in 2017. She co-leads Inclusivity, BGL’s Strategic Consulting Group that works to help public and private sector organizations and industry groups navigate the rapidly changing landscape of disability and civil rights. Prior to joining BGL, Eve served as Deputy Assistant Attorney General of the U.S. Department of justice for six years.

ABOUT SHARON KREVOR-WEISBAUM

Sharon Krevor-Weisbaum takes great pride in her role as Managing Partner of Brown, Goldstein & Levy while continuing her active practice on behalf of a varied client base. Clients and colleagues alike recognize Sharon as a trusted advisor willing to share her extensive experience, knowledge of the law, passion, and sense of justice openly and freely. She strives to develop deep client-lawyer relationships that emphasize the unique voice and needs of each one of her clients.

Founded in 1982, Brown, Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, DC. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown, Goldstein & Levy is a client-centered law firm and has decades of experience bringing passionate, effective advocacy to your fight for justice.