'Treated like an animal': Transgender woman sues Maryland over assault, abuse in jail

BALTIMORE -- A transgender woman says she was sexually assaulted, refused medical care, and placed in solitary confinement because of her gender identity. 

She is now suing the state alleging her constitutional rights were violated. 

"I'm filing this lawsuit today because I don't want what happened to me to happen to any other trans woman," plaintiff Chelsea Gilliam told WJZ on Wednesday.  

Gilliam says she was housed with men, which led to a sexual assault. She alleges she was placed in solitary confinement simply for being transgender. 

She spent six months locked up for an assault charge at the Baltimore City Correctional Center and at the Maryland Reception, Diagnostic and Classification Center across the street. Both buildings are located in East Baltimore and are run by the state.

"I would say I was treated like an animal, but it was worse than that," Gillam said. "People love and respect their animals. I was treated like an alien from the moment I entered Baltimore City corrections by inmates and staff." 

Gilliam also told WJZ she was denied hormone treatment and eventually left in a cell for 23 hours a day. 

Her lawyer, Eve Hill, a partner at Brown, Goldstein and Levy, has alleged that the state violated Gilliam's constitutional right against cruel and unusual punishment. Hill believes there is a pattern of abuse against transgender inmates. 

"She was shackled at the wrists, ankles and waist every time she left the cell," she said.

Hill said that there was "no excuse for the way the state treated her." The Department of Public Safety and Correctional Services "violated its own rules for the treatment of transgender inmates, and Ms. Gilliam suffered the consequences," she said.

The Department of Public Safety has declined to comment on the lawsuit but said in a statement that it wants inmates to be safe.

The statement said the department has "tirelessly worked on the complex issues related to the transgender incarcerated population and is committed to updating its policies as necessary."

This is not the first time the agency has come under fire for its treatment of transgender inmates. 

In 2019, Amber Canter alleged an officer placed her in a chokehold, dragged her through Central Booking and dropped her on her face—leaving her with no immediate medical treatment. She said it was in retaliation for her complaints about how trans inmates were treated.   

Last month, a General Assembly committee heard from those who said they were victimized. They demanded the state house inmates consistent with their gender identity. 

Jamie Grace Alexander of Free State Justice said at the hearing that trans inmates are often "placed into solitary for being the victims of violence rather than the perpetrators." 

Gilliam hopes her lawsuit will force the correctional system in Maryland to change.

"They don't have to like us. They don't have to respect us, but they don't get to disrespect us and discard our whole existence," she said. "The defendants tried to erase me, what happened to me, and all traces of me being transgender—but I will not be erased and I will not be silenced."

Gilliam's lawyer said she has "hope" but has not seen any changes under the new administration in Annapolis. 

The state told WJZ that its facilities are audited by the federal government, which has found no issues that require corrective action related to the treatment of transgender inmates. 

Here is the full statement from the Department of Public Safety and Correctional Services:

"While DPSCS cannot comment specifically on a pending lawsuit, we can say that the Department takes very seriously—and treats with urgency—the protection of every single incarcerated person's dignity and safety. 

The Department has met with advocacy groups and has tirelessly worked on the complex issues related to the transgender incarcerated population and is committed to updating its policies as necessary based on correctional and medical professionals' recommendations to ensure the safety of everyone in our facilities. DPSCS correctional facilities are audited regularly for PREA compliance. PREA standards prohibit the placement of lesbian, gay, bisexual, transgender, or intersex incarcerated individuals in dedicated facilities, units, or wings solely on the basis of such identifications or status. DPSCS is audited by independent Department of Justice (DOJ)-certified auditors that audit one-third of State correctional facilities every year. The audits are in depth and allow for a corrective action period during the audit process. DPSCS is not aware of any facility that has ever received a corrective action for a transgender-related issue."