Facts

Plaintiff, who self-identifies as a male-to-female transgender individual, was an inmate within the California prison system when the events alleged in this action took place. She had been in and out of prison a number of times before the events at issue in this case. In October 2005, plaintiff was readmitted to the prison system after she was accused of shoplifting men's clothing in Southern California. In January 2006, plaintiff was transferred to Folsom State Prison (FSP), where she alleged she was housed with an inmate named "Barrones." This individual allegedly forced plaintiff to have sex with him. However, plaintiff did not report these allegations to prison guards or officials at FSP while she was living with inmate Barrones.

Sometime in late January or early February 2006, plaintiff moved in with an inmate named Villavicencio. Plaintiff was involved in a consensual sexual relationship with her cellmate from the day she moved in with inmate Villavicencio. This relationship deteriorated sometime in February 2006. Plaintiff alleged that after her consensual relationship with inmate Villavicencio ended, inmate Villavicencio continued to force plaintiff to have sexual relations with him, and on occasions physically and sexually assaulted plaintiff.

Plaintiff alleged that she told various prison personnel, including counselor Jerry Ignasiak and Dr. Francis Gyorkey, about inmate Villavicencio's actions as early as Feb. 2, 2006. However, there is no written documentation of plaintiff voicing any concerns regarding sexual or physical assaults until plaintiff was moved from her cell on March 12, 2006. Written documentation in March 2006 - both in plaintiff's own writing as well as from prison personnel - demonstrated that plaintiff complained about wanting to be moved to a transgender unit, but contained no trace of allegations of physical or sexual assault.

On March 10, 2006, plaintiff met with her social worker, Amy Holliday, who was one of the defendants in this action. During this interview, plaintiff told the social worker about her relationship with inmate Villavicencio and expressed concerns that he had become "sexually demanding" but made no mention of rape at this meeting. The social worker convinced plaintiff to repeat these allegations to a correctional officer, Mark Stites, who in turn explained to plaintiff that she needed to make specific allegations of physical attack in order to obtain protective custody. Plaintiff refused to do that, stating that she did not want to get inmate Villavicencio in trouble.

On March 12, 2006, plaintiff told another defendant, a medical technician named Frederick Potts, that her cellmate was always pressuring her for sex. When the medical technician told plaintiff that she could be moved, plaintiff stated that she did not want to move and that she would be okay. In spite of this, the medical technician relayed plaintiff's allegations to other prison personnel, who promptly removed plaintiff from her cell and separated her from her cellmate.

Plaintiff alleged that she suffered psychological trauma and physical injuries as a result of these events.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant California Department of Corrections and Rehabilitation had no policies, procedures, or protocols to adequately protect transgender inmates from the risk of sexual assault from male inmates, Plaintiff also claimed that defendants Michael Ballard, Amy Holliday, Mark Stites, Frederick Potts, Jerry Ignasiak, Dr. Francis Gyorkey, and Darrel Ayers did nothing to respond to her complaints.

Damages

Plaintiff sought general and punitive damages, as well as equitable relief.

Injuries

Plaintiff alleged that she suffered from multiple rapes, beatings, cuts and emotional distress.

Result

The court dismissed plaintiff's negligence and constitutional claims. The intentional infliction of emotional distress claim was submitted to the jury. The jury found in favor of defendants Ballard, Holliday, Stites, Potts, Ignasiak, and Dr. Gyorkey. The jury deadlocked as to defendant Ayers.

Other Information

FILING DATE: March 19, 2007.