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Zayre-Brown v. The North Carolina Department of Public Safety
What's at Stake
The North Carolina Department of Public Safety has continually denied Kanautica Zayre-Brown, an incarcerated transgender woman in their custody, access to gender-affirming surgery.
Summary
The American Civil Liberties Union, ACLU of North Carolina, and Patterson Harkavy LLP filed a complaint on behalf of Kanautica Zayre-Brown, a transgender woman incarcerated at Anson Correctional Institution, who is being denied essential gender-affirming health care. North Carolina Department of Public Safety (DPS) officials’ denial of gender-affirming healthcare and pattern of inhumane treatment has caused Mrs. Zayre-Brown extreme emotional and psychological distress, which has led to self-harm and thoughts of suicide. In addition to denying her gender-affirming health care, DPS housed Mrs. Zayre-Brown in male facilities for nearly two years before transferring her to a women’s facility, despite knowing that she is a transgender woman since she entered DPS custody.
DPS’s refusal to provide necessary health care for Mrs. Zayre-Brown violates the U.S. and North Carolina Constitutions, the Americans with Disabilities Act (ADA), and the Rehabilitation Act of 1973. The complaint seeks damages and an injunction requiring DPS to provide Mrs. Zayre-Brown with necessary medical care and accommodations for her gender dysphoria, including the use of appropriate names and pronouns, consistent hormone therapy maintenance, and gender-affirming surgery.
In response to litigation from the ACLU and ACLU affiliates, courts across the country have consistently recognized the right of incarcerated transgender people to adequate health care and safety measures. In late December 2021, a federal court ruled on a motion and ordered the Bureau of Prisons to evaluate Cristina Nichole Iglesias for gender-affirming surgery. This landmark decision marks the first time a court has ordered the federal government to address an incarcerated person’s medical need for gender-affirming surgery.
UPDATE: On April 16, 2024, the district court granted in part plaintiff’s motion for summary judgment, ruling that defendants violated plaintiff’s rights under the 8th Amendment by failing to provide her an individualized determination of the medical necessity of her receiving gender-affirming genital surgery. The court gave defendants 30 days to either provide that surgery or form a new committee to reassess plaintiff’s need for such surgery that contains at least two medical doctors with gender dysphoria expertise. On July 12, 2024, the district court denied defendants’ motion for a stay, ordering them to comply with its prior order by July 26, 2024. Defendants then sought a stay of the district court proceedings from the Fourth Circuit, which we have opposed. We await a ruling on that motion.
Legal Documents
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07/12/2024
Order Denying Defendants' Motion to Stay -
04/16/2024
Order Granting in Part and Denying in Part Plaintiff's Renewed Motion for Summary Judgment and Denying Defendants' Renewed Motion for Summary Judgment -
03/21/2024
Defendants' Renewed Motion for Summary Judgment -
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04/01/2024
Plaintiff's Response to Defendants' Renewed Motion for Summary Judgment -
04/04/2024
Defendants' Reply in Support of Renewed Motion for Summary Judgment
Plaintiff's Response to Defendants' Renewed Motion for Summary JudgmentDate Filed: 04/01/2024
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDefendants' Reply in Support of Renewed Motion for Summary JudgmentDate Filed: 04/04/2024
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download Document -
04/01/2024
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02/29/2024
Plaintiff's Renewed Motion for Partial Summary Judgment -
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03/21/2024
Defendants' Response to Plaintiff's Renewed Motion for Partial Summary Judgment -
03/26/2024
Plaintiff's Reply in Support of Renewed Motion for Partial Summary Judgment
Defendants' Response to Plaintiff's Renewed Motion for Partial Summary JudgmentDate Filed: 03/21/2024
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentPlaintiff's Reply in Support of Renewed Motion for Partial Summary JudgmentDate Filed: 03/26/2024
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
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03/21/2024
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02/02/2024
Order Denying Cross Motions for Summary Judgment -
10/05/2023
Plaintiff's Brief in Support of Motion for Partial Summary Judgment -
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10/19/2023
Defendants' Response to Plaintiff's Motion for Partial Summary Judgment
Defendants' Response to Plaintiff's Motion for Partial Summary JudgmentDate Filed: 10/19/2023
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download Document -
10/19/2023
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10/05/2023
Defendants' Memorandum of Law in Support of Motion for Summary Judgment -
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10/19/2023
Plaintiff's Response in Opposition to Defendants' Motion for Summary Judgment
Plaintiff's Response in Opposition to Defendants' Motion for Summary JudgmentDate Filed: 10/19/2023
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
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10/19/2023
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09/23/2022
Order Denying Defendants' Motion to Dismiss and Plaintiff's Motion for Preliminary Injunction -
06/28/2022
Plaintiff's Motion for Preliminary Injunction -
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07/19/2022
Defendants' Response in Opposition to Motion for Preliminary Injunction -
08/02/2022
Plaintiff's Reply in Support of Motion for Preliminary Injunction
Defendants' Response in Opposition to Motion for Preliminary InjunctionDate Filed: 07/19/2022
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentPlaintiff's Reply in Support of Motion for Preliminary InjunctionDate Filed: 08/02/2022
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download Document -
07/19/2022
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06/24/2022
Defendants' Motion to Dismiss -
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07/15/2022
Plaintiff's Response in Opposition to Motion to Dismiss -
07/22/2022
Defendants' Reply in Support of Motion to Dismiss
Plaintiff's Response in Opposition to Motion to DismissDate Filed: 07/15/2022
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDefendants' Reply in Support of Motion to DismissDate Filed: 07/22/2022
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download Document -
07/15/2022
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04/28/2022
Complaint -
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10/07/2022
Answer to Complaint
Answer to ComplaintDate Filed: 10/07/2022
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download Document -
10/07/2022
Date Filed: 07/12/2024
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDate Filed: 04/16/2024
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDate Filed: 03/21/2024
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDate Filed: 02/29/2024
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDate Filed: 02/02/2024
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDate Filed: 10/05/2023
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDate Filed: 10/05/2023
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDate Filed: 09/23/2022
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDate Filed: 06/28/2022
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDate Filed: 06/24/2022
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentDate Filed: 04/28/2022
Court: District Court (W.D.N.C.)
Affiliate: North Carolina
Download DocumentPress Releases
Judge Determines NC Department Of Adult Correction Violated Transgender Woman’s Eighth Amendment Rights
Judge Orders Evidentiary Hearing in Transgender Woman's Case Against NC Department of Adult Correction
ACLU and ACLU of North Carolina Urge Court to End Health Care Delays Faced by Incarcerated Transgender Woman
ACLU Demands End to Discriminatory and Inhumane Treatment of Incarcerated Transgender Woman
ACLU Files Lawsuit Against NC Department of Public Safety for Inhumane Treatment of Incarcerated Transgender Woman