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Trans woman sues officials over abusive treatment in Baltimore jails

Lawsuit says sexual assault occurred after she was placed in all-male dorm

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Attorney Eve Hill (standing at podium), representing Chelsea Gilliam (seated on left), speaks at a news conference last week announcing a lawsuit.

A lawsuit filed in federal court in Baltimore on April 18 charges the Maryland Department of Public Safety and Correctional Services and seven of its high-level officials with subjecting a transgender woman to “cruel and unusual punishment” during the six months she was held in two Baltimore jails.

The lawsuit, filed on behalf of Chelsea Gilliam, 33, says Gilliam was arrested in December 2021 on an assault charge and was being held while awaiting trial at the Baltimore City Correctional Center and the Maryland Reception, Diagnostic and Classification Center.

“Both facilities refused to accept Ms. Gilliam’s legally changed name and her gender identity,” according to a statement by the Baltimore law firm Brown, Goldstein & Levy, which is representing Gilliam. “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,” the statement says.

“Despite her femininity and gender identity as a woman, Ms. Gilliam was forced to live and shower with male inmates,” the statement continues. “During this time, she was harassed by both officers and inmates and ultimately sexually assaulted by another inmate,” it says.

“The jail took no action when Ms. Gilliam reported the assault. She was also denied her hormone treatment,” the statement says.

The statement, which provides a summary of the 35-page lawsuit filed in the U.S. District Court for the District of Maryland, says that in February 2022, Gilliam was moved to the Maryland Reception, Diagnostic and Classification Center in Baltimore, which serves as an intake prison for male inmates, according to its website.

It says that during her entire time there Gilliam was placed in segregation, which is a form of solitary confinement, 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,” the statement says. “Ms. Gilliam suffered a great deal of anxiety and distress from these experiences,” it says.

The lawsuit alleges that Gilliam was subjected to “cruel and unusual” treatment in violation of the 14th Amendment of the U.S. Constitution and in violation of the Americans With Disabilities Act based on her status as a transgender person with the condition of gender dysphoria.

“Ms. Gilliam received hormone treatments for her gender dysphoria for 18 years prior to her incarceration and has continued to receive hormone treatments since her release,” the lawsuit says. Among other things, it cites reports from experts in the field of medicine and mental health stating that hormone treatment is needed for most people with gender dysphoria and the denial of such treatment is harmful to individuals receiving it.

The lawsuit also states that in their action or lack of action that placed Gilliam in danger while she was incarcerated, corrections officials failed to comply with existing regulations that specifically call for taking steps to protect transgender inmates from potential harm.

Court records show that Gilliam pleaded guilty to a charge of second-degree assault on May 12, 2022, and was sentenced to supervised probation and released.

Eve Hill, the attorney representing Gilliam, told the Washington Blade that Carolyn Scruggs, the current Secretary of the Maryland Department of Public Safety and Correctional Services (MDPSCS), who is named as a defendant in the lawsuit, was appointed to her position in January by the state’s newly elected governor, Wes Moore. Moore has been a longtime supporter of the LGBTQ community.

“We would hope that such a strong supporter of LGBTQ+ rights would want to resolve this matter and make the state’s correctional facilities safe for transgender people, but we have received no response from our overture,” Hill told the Blade.

Hill said that under the federal court system, it is up to the judge to determine the extent of mediation or negotiation that may be required to potentially resolve a lawsuit through a settlement before it goes to trial.

Shortly after the lawsuit was filed, the MDPSCS released a statement saying it could not comment specifically on a pending lawsuit but said it “takes very seriously – and treats with urgency – the protection of every single incarcerated person’s dignity and safety.”

The statement adds, “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 safety of everyone in our facilities.”

The statement concludes by saying MDPSCS is audited by Department of Justice certified auditors that audit one-third of the state’s correctional facilities each year. It says the department “is not aware of any facility that has ever received a corrective action for a transgender related issue.”

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Maryland

Montgomery County police chief discusses arrest of trans student charged with planned school shooting

County executive tells news conference student’s trans identity is irrelevant to criminal charge

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(Photo by jiawangkun/Bigstock)

Montgomery County, Md., Police Chief Marcus Jones joined other county and law enforcement officials at a news conference on Friday, April 19, to provide details of the police investigation and arrest of an 18-year-old high school student charged two days earlier with threats of mass violence based on information that he allegedly planed a mass shooting at the high school and elementary school he attended in Rockville, Md.

In charging documents and in a press released issued on April 18, Montgomery County Police identified the arrested student as “Andrea Ye, of Rockville, whose preferred name is Alex Ye.”

One of the charging documents states that a friend of Ye, who police say came forward as a witness who played a crucial role in alerting authorities to Ye’s threats of a school shooting, noted that Ye told the witness that Ye identified as the transgender student he wrote about as character in a 129-page manifesto outlining plans for a school shooting. Police have said Ye told them the manifesto was a fictional story he planned to publish.  

At the news conference on Friday, Police Chief Jones and other law enforcement officials, including an FBI official and Montgomery County Executive Marc Elrich, referred to the student as Alex Ye and Mr. Ye. None of the officials raised the issue of whether Ye identified as a transgender man, seven though one of the police documents identifies Ye as a “biological female.”

County Executive Elrich appeared to express the views of the public officials at the news conference when one of the media reporters, during a question-and-answer period, asked Elrich why he and the others who spoke at the news conferment failed to “admit that this individual was transgender.”

“Because it’s not a lead,” Elrich replied, asking if the press and law enforcement authorities should disclose that someone arrested for murder is “a white Christian male who’s heterosexual.” Elrich stated, “No, you don’t – You never publish somebody’s sexual orientation when we talk about this. Why you are focusing on this being a transgender is beyond me. It’s not a news story. It is not a crime to  be transgender.”

The reporter attempted to respond but was cut off by the press conference moderator, who called on someone else to ask the next question.

In his remarks at the press conference Chief Jones praised the so far unidentified witness who was the first to alert authorities about Ye’s manifesto appearing to make threats of a mass school shooting.

“Now, this is a situation that highlights  the critical importance of vigilance and community involvement in preventing potential tragedies,” Jones said. “I commend the collaborative efforts of the Montgomery County Police Department, the Federal Bureau of Investigation,  the Rockville City Police Department, and the Montgomery County Public Schools, as well as Montgomery County Health and Human Services,” he told the gathering.

“Thanks to their swift action and cooperation a potentially catastrophic event was prevented,” Jones said.

Jones pointed out that during the current school year, police have received reports of 140 threats to the public schools in Montgomery County. He said after a thorough investigation, none of them rose to the level where an arrest was made. Instead, police and school officials took steps to arrange for the student making the threats and their parents to take remedial action, including providing  mental health services.

“But this case is different,” Jones said. “This case is entirely different that takes it to a different level. It was a concerned witness who brought this matter to light by rereporting the suspect’s manifesto to the authorities. This underscores the value of community engagement and the ‘see something say something’ approach,” he said.

Jones mentioned at the press conference that Ye was  being held without bond since the time of his arrest but was scheduled to appear in court for a bond hearing on Friday shortly after the press conference took place to determine whether he should be released while awaiting trial or continue to be held.

In his manifesto obtained by police, Ye writes about committing a school shooting, and strategizes how to carry out the act. Ye also contemplates targeting an elementary school and says that he wants to be famous.

In charging documents reported on by WJLA 7 and WBAL 11, the 129-page document, which Ye has referred to as a book of fiction, included writings that said, in part:

“I want to shoot up a school. I’ve been preparing for months. The gun is an AR-15. This gun is going to change lives tomorrow … As I walk through the hallways, I cherry pick the classrooms that are the easiest targets. I need to figure out how to sneak the gun in. I have contemplated making bombs. The instructions to make them are surprisingly available online. I have also considered shooting up my former elementary school because little kids make easier targets. High school’s the best target; I’m the most familiar with the layout. I pace around my room like an evil mastermind. I’ve put so much effort into this. My ultimate goal would be to set the world record for the most amount of kills in a shooting. If I have time, I’ll try to decapitate my victims with a knife to turn the injuries into deaths.”

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Maryland

Rockville teen charged with plotting school shooting after FBI finds ‘manifesto’

Alex Ye charged with threats of mass violence

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Alex Ye (Photo courtesy of the Montgomery County Police Department)

BY BRETT BARROUQUERE | A Montgomery County high school student is charged with what police describe as plans to commit a school shooting.

Andrea Ye, 18, of Rockville, whose preferred name is Alex Ye, is charged with threats of mass violence. Montgomery County Police and the FBI arrested Ye Wednesday.

The rest of this article can be found on the Baltimore Banner’s website.

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Maryland

Md. lawmakers pass several LGBTQ rights bills during 2024 session

Senate committee failed to vote on HIV decriminalization bill

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(Washington Blade photo by Michael Key)

Maryland lawmakers passed a number of LGBTQ rights bills during this year’s legislative session that ended on Monday.

House Bill 1397, which would strengthened the state’s nondiscrimination law that includes sexual orientation and gender identity, passed on Monday. 

The Freedom to Read Act, which, among other things, would “protect local library personnel from dismissal or disciplinary action for doing their jobs, in accordance with prescribed standards,” passed in the Maryland Senate on April 5. 

The state Senate on April 4 passed House Bill 602, which would bolster Maryland’s employment discrimination law. The Maryland House of Delegates on the same day approved a measure that would make Maryland a sanctuary state for transgender people and their health care providers.

FreeState Justice Policy Advocate and Legal Impact Coordinator Camila Reynolds-Dominguez in a statement notes lawmakers also “affirmed Maryland’s commitment to the federal Equal Rights Amendment” and “created much needed oversight for Maryland’s prison system.” 

She noted lawmakers “defeated a myriad of anti-trans bills and harmful amendments” during this year’s legislative session. Reynolds-Dominguez also criticized the Senate Judicial Proceedings Committee over its failure to vote on a bill that would repeal the criminalization of people with HIV.

“This legislative session was monumental for LGBTQIA+ Marylanders,” she said. “While we are extremely disappointed that the Senate Judicial Proceedings Committee did not bring an HIV criminalization repeal law to a vote for the second year in a row, there is much else to celebrate.”

“It is too apparent from the harmful comments and misinformation we heard during legislative debates that there is still so much work that must be done to change certain legislators’ anti-LGBTQIA+ biases,” added Reynolds-Dominguez. “Nonetheless, we’re also celebrating the overwhelming majority of our elected officials who are wonderful and supportive allies in the fight to make Maryland an inclusive state where everyone has dignity and equal rights no matter who they are or who they love. We would like to thank all the advocates, allies and activists who helped us achieve so many victories this session — none of this would be possible without dozens of people’s hard work, tireless effort and unwavering dedication.”

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