BALTIMORE — A transgender woman is suing the Maryland Department of Public Safety and Corrections (DPSCS) over alleged mistreatment while being held in custody.
Back in 2021 Chelsea Gilliam was arrested in Baltimore City on an assault charge.
Gilliam claims the department refused to accept her legally changed name and gender identity.
Before her trial Gilliam says she spent three months incarcerated in an all male dormitory at the Baltimore City Correctional Center, all while being denied hormone treatment.
During that period of time, Gilliam also alleges being harassed by staff and sexually assaulted by another inmate.
Despite reporting the incident, Gilliam claims the department took no action.
Afterwards Gilliam claims to have been placed in segregation at the Maryland Reception, Diagnostic and Classification Center (MRDCC).
The lawsuit says Gilliam suffered a "great deal of anxiety and distress."
Her lawyers are looking to challenge the department's actions as cruel and unusual under the 14th Amendment, alleging violations of the Americans with Disabilities Act (ADA).
The attorneys cite a past court case, Williams v. Kincaid, which they say affirms gender dysphoria as a protected disability under the ADA.
Currently the department has numerous policies and procedures in place prohibiting discrimination against gender dysphoria and transgender inmates.
Those guidelines allow for specific medical care such as hormone therapy, mental health treatment, and specialty appointments.
They also include search exception cards, availability of commissary items based on an inmate’s identified gender rather than sex assignment, and the ability to pursue legal name changes.
In this year's General Assembly, Senator Jill Carter introduced the Transgender Respect, Agency, and Dignity Act.
It failed to pass and stalled in committee, but would have required state corrections to provide gender-appropriate housing and a new search process.
WMAR-2 News has reached out to the department for a statement and here's what they said:
While DPSCS cannot comment specifically on a pending lawsuit, we can say that the Department takes very seriously—-and treats with urgency—- the protection of every single incarcerated person’s dignity and safety.
The Department has met with advocacy groups and has tirelessly worked on the complex issues related to the transgender incarcerated population, and is committed to updating its policies as necessary based on correctional and medical professionals’ recommendations to ensure the safety of everyone in our facilities.
DPSCS correctional facilities are audited regularly for PREA compliance.
PREA standards prohibit the placement of lesbian, gay, bisexual, transgender, or intersex incarcerated individuals in dedicated facilities, units, or wings solely on the basis of such identifications or status.
DPSCS is audited by independent Department of Justice (DOJ)-certified auditors that audit one- third of State correctional facilities every year. The audits are in depth and allow for a corrective action period during the audit process.
DPSCS is not aware of any facility that has ever received a corrective action for a transgender- related issue.
