New York trans woman settles landmark lawsuit affirming transgender rights while in custody

A transgender woman in New York has settled a lawsuit with the Watertown Police Department and Jefferson County Sheriff’s Department after she alleged abuse and harassment because of her gender identity. The settlement included significant policy changes that affirmed the rights of incarcerated transgender individuals, according to a press release from the New York Civil Liberties Union (NYCLU) which filed the suit.

DeAnna LeTray was arrested in 2019 following a dispute with her daughter’s boyfriend at the man’s residence. The boyfriend confronted LeTray with a shotgun after she tried to gain entry to the residence, but was later arrested after police discovered she had the drug MDMA in her possession.

LeTray said an officer at the scene called her “a man dressed like a woman” and asked, “How long have you dressed like that?” She also claimed he said, “You have serious mental problems – you are a guy dressed like a woman․ We can't let you walk the streets looking and dressed like that.”

LeTray claimed she was deadnamed and subjected to further verbal abuse while in custody overnight. She also said she suffered physical harm when her wig was ripped from her head and that she was prevented from wearing the wig in her booking photo.

The accused officers denied all accusations of bias and physical abuse. They also denied making any of the bigoted statements attributed to them by LeTray in the lawsuit.

LeTray ultimately pleaded guilty to disorderly conduct, harassment, and trespass, but continued with her lawsuit. She won a mixed victory in February, and reached a settlement that resulted in significant changes in how the police and local authorities treat transgender individuals in custody.

“I was abused because of who I am by those who were supposed to protect me, and I don’t wish that on anyone,” said DeAnna LeTray. “These settlements make me feel heard and will allow me to move forward with my life, despite the trauma I endured. Most importantly, they will put other counties and police departments on notice so that the abuse I endured never happens to anyone again.”

The Waterton Police Department agreed to use proper pronouns, ensure booking and search procedures respect a person’s gender identity, and mandate disciplinary action for officers who violate the new rules.

The Jefferson County Correctional Facility agreed to use proper pronouns, house and conduct necessary searches consistent with a person’s gender identity, and guarantee medical, gender-affirming, and mental healthcare access free from discrimination.

“Today’s settlements, like others we have achieved in recent years, make it abundantly clear that New York jails and police departments have an obligation to treat transgender people in their custody with dignity,” JP Perry, senior staff attorney at the NYCLU, said in a statement. “No one should ever experience what Ms. LeTray went through.”