Gladney v. United States
Status: Pending
On October 21, 2020, GLAD, together with the Center for Constitutional Rights, Lambda Legal, and Boies, Schiller, Flexner LLP, filed an amicus (friend-of-the-court) brief in support of Edward Gladney, a transgender woman who was sexually assaulted while in federal custody. The case, Gladney v. United States, is currently in the 9th Circuit.
The amicus brief challenges a dangerous district court decision that found prison officials enjoy immunity under the Discretionary Function Exception to the Federal Torts Claims Act when they fail to protect transgender people in their care. The brief argues that prison officials have a non-discretionary duty to protect transgender prisoners from sexual assault under the U.S. Constitution and PREA., and asserts that trans victims of sexual assault are entitled to a remedy.
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