Settlement forces upstate New York police department and jail to respect TGNCNBI individuals

A transgender woman who said she was harassed and assaulted by police officers and jail officials in upstate New York several years ago has reached a settlement that will compel the Watertown Police Department and the Jefferson County Sheriff’s Office to undergo sweeping changes to improve their treatment of transgender, gender non-conforming, non-binary, and/or intersex (TGNCNBI) individuals.

DeAnna LeTray, backed by the New York Civil Liberties Union (NYCLU) and Legal Services of Central New York, filed a lawsuit in 2021 accusing the Watertown Police Department and Jefferson County Sheriff’s Office of sexually assaulting her, performing an illegal strip search, and discriminating against her on the basis of her gender identity.

Watertown police were initially called about a domestic incident pertaining to members of LeTray’s home in 2017. Upon arriving, officers commented on LeTray’s gender identity and said they arrested her because “we can’t let you walk the streets looking and dressed like a woman,” leading officers to remove her hair.

“I was abused because of who I am by those who were supposed to protect me, and I don’t wish that on anyone,” LeTray said in a written statement provided by the NYCLU. “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.”

As part of the settlement, the Watertown Police Department must create clear guidelines to make sure TGNCNBI individuals are treated appropriately, including respecting names, titles and pronouns; make sure transportation, searches, and booking policies are carried out with respect to people’s gender identity; and mandate disciplinary action against officers who are the target of complaints regarding gender-based discrimination. 

Meanwhile, the Jefferson County Correctional Facility will be required to house TGNCNBI folks in accordance with their gender identity, with few exceptions; conduct searches consistent with gender identity and make sure jail staff is respectful of names, pronouns, and more; and make sure medical and mental healthcare is accessible without subjecting folks to discrimination on the basis of sex, gender identity, expression, or sexual orientation — including treatment for gender dysphoria and gender-affirming items.

“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,” said JP Perry, senior staff attorney at the New York Civil Liberties Union. “No one should ever experience what Ms. LeTray went through. Yet, her story is tragically emblematic of the ordeal faced by many trans people throughout our state. As attacks against LGBTQ people are on the rise nationwide, we urge all counties and cities across New York to follow suit, adopt similar policies, and protect trans people in their care.”