For Immediate Release
March 26, 2024
Media contact:
K Richardson, Communications Manager, [email protected]
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Colorado prisons to take significant steps to improve healthcare, safety for transgender women in their care; pay $2.15 million in damages for class members
Denver, Colorado – A Denver County District Court judge approved sweeping changes to Colorado’s prison system today, aimed at redressing decades of violence and discrimination endured by transgender women incarcerated in the state. The new consent decree (PDF) requires the Colorado Department of Corrections (CDOC) to enact comprehensive policy changes, including providing gender-affirming healthcare in line with community standards and establishing two new housing units: an “Integration Unit” at a women’s prison intended to temporarily house transgender women as they transition into the women’s general population as well as a “Voluntary Transgender Unit” at a men’s prison for transgender women who prefer to be housed together. CDOC will work with outside experts in transgender health to implement the consent decree by the end of 2024.
Today’s consent decree is the result of a class action lawsuit filed in 2019 by seven incarcerated transgender women, represented by Greisen Medlock, LLC, Transgender Law Center, and Arnold & Porter. The lawsuit alleged that transgender women in Colorado prisons were routinely subjected to sexual and physical violence, including human trafficking, daily sexual harassment, and their requests for medically necessary care were routinely ignored and denied, in violation of the Colorado Constitution and Colorado Anti-discrimination Act. In addition to the consent decree’s policy overhaul, CDOC agreed to pay $2.15 million in damages to class members who have suffered harm during the time of incarceration.
“No matter what mistakes we’ve made in our pasts, everyone deserves basic dignity and respect,” said Taliyah Murphy (she/her), one of the lead plaintiffs. “Everyone deserves to be physically safe and be provided necessary healthcare. The changes that have been achieved could make the difference between life and death for some of these women. I’m thrilled to have helped bring about this progress and be a part of this important case.”
Transgender women incarcerated in men’s prisons are 13 times more likely to be sexually assaulted during their incarceration, and yet, prison systems around the country still almost uniformly incarcerate transgender women in men’s prisons. Several of the women representing the class were subjected to violent assaults. And while gender-affirming healthcare has been recognized as safe, effective, and medically necessary by nearly all major American medical associations, including the National Commission on Correctional Healthcare, much of this healthcare is denied in prisons. The consent decree entered today represents an innovative and comprehensive approach on each of these issues.
“In every prison system as well as in our society, these women are subjected to overt discrimination and often to horrific violence,” said attorney Paula Greisen (she/her) of Greisen Medlock, LLP. “I am proud to live in a state where anti-discrimination laws are taken seriously and violence toward any of its LGBTQ citizens will not be tolerated.”
“While we know prisons will never be safe or healthy environments, our clients are overwhelmingly hopeful to finally access safer spaces and much needed healthcare,” Shawn Thomas Meerkamper (they/them), Managing Attorney at Transgender Law Center, added. “At a time when cynical politicians around the country are passing laws to attack us based on the color of our skin, what healthcare we need, or because we’re transgender, Colorado is showing what it looks like to acknowledge the harm it’s done and start to make amends.”
“Today’s ruling sets a precedent for improved healthcare and safety within the correctional system, reflecting a commitment to improving the dignity and wellbeing of all incarcerated individuals,” said Suneeta Hazra (she/her), partner at Arnold & Porter.
The consent decree will remain in place for a period of four years after it is fully implemented. It requires CDOC to provide the same gender-affirming healthcare that is covered by Colorado Medicaid. The $2.15 million in damages will be entirely distributed amongst class members, with payments determined by the severity of harms an individual suffered. There are approximately 395 class members, of whom around 200 are still incarcerated. The lead plaintiffs and class representatives were Kandice Raven, Jane Gallentine, Taliyah Murphy, Amber Miller, Megan Gulley, Lavinya Karpierz, and Cupcake Rivers.
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Greisen Medlock LLP is a Denver-based civil rights law firm. With a combined almost 50 years representing people in civil rights cases, Paula Greisen and Scott Medlock are leaders in the community representing victims of discrimination and governmental abuse. They have brought and won innovative lawsuits against Fortune 500 companies, as well as state and the federal governments, understanding that abuse and discrimination can affect anyone at any time. Greisen previously represented incarcerated people with disabilities in a decades-long class action, and Medlock spent 15 years litigating prisoners’ rights cases in the State of Texas.
Transgender Law Center (TLC) changes law, policy, and attitudes so that all people can live safely, authentically, and free from discrimination regardless of their gender identity or expression. Transgender Law Center is the largest national trans-led organization advocating for a world in which all people are free to define themselves and their futures. Grounded in legal expertise and committed to racial justice, Transgender Law Center employs a variety of community-driven strategies to keep transgender and gender nonconforming people alive, thriving, and fighting for liberation. TLC previously litigated the precedent-setting trans prison healthcare cases Norsworthy v. Beard and Quine v. Beard and co-sponsored a 2021 California law that enabled record-breaking numbers of incarcerated transgender women to seek safer housing in women’s prisons.
Arnold & Porter combines sophisticated regulatory, litigation, and transactional capabilities to resolve clients’ most complex issues. With over 1,000 lawyers practicing in 15 offices worldwide, we offer deep industry experience and an integrated approach that spans more than 40 practice areas. Through multidisciplinary collaboration and focused industry experience, we provide innovative and effective solutions to mitigate risks, address challenges, and achieve successful outcomes.