
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 September 23, 2022, the court issued an order denying both defendants’ motion to dismiss and plaintiff’s motion for a preliminary injunction.
Legal Documents
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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
Download Document -
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: 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
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