Jessica Flurry is Woman who identifies as a Man. In 2014, the Oklahoma County Sheriff’s Office arrested Flurry for felony driving while intoxicated after a motor vehicle accident. Flurry asserted that she was actually female when brought into the detention center, and law enforcement asked Flurry to “drop her pants” in a space occupied by Men and Women. Flurry did so, and claims she was subsequently subjected to cruel statements. She was also placed in administrative segregation. She sued in state court and the Sheriff’s Office had the lawsuit removed to federal court, which dismissed the lawsuit. The federal court noted that Flurry did not assert facts that would give rise to a constitutional violation of her rights.
The Sheriff’s Office no doubt needed to confirm Flurry’s sex so that it would not place an actual Man in with Women. Flurry no doubt told them she was actually female because she did not want to be housed with Men. The Sheriff’s Office should have searched Flurry in private.
Flurry subsequently entered a guilty plea with sentencing deferred until 2019.