Adkins @dreanyc123 @glaze0101 v. City of New York (USA)

justin-shouts

Justin Adkins is a Woman who identifies as a Man. Adkins was arrested on the Brooklyn Bridge on October 1, 2011. Following arrest, Adkins was handcuffed to a wall for seven hours. Adkins alleges different treatment because of transgender status. Adkins sued the City of New York, former mayor Michael Bloomberg, and various other officials, claiming (1) deprivation of federal civil rights in violation of § 1983, based on defendants’ harassment and mistreatment of transgender arrestees; (2) excessive use of force in violation of 42 U.S.C. § 1983 and the Fourth Amendment; (3) denial of equal protection in violation of § 1983 and the Fourteenth Amendment, based on sex and gender identity discrimination; (4) violation of § 1983 and the First Amendment, based on the punishing and chilling of plaintiff’s gender identity and expression; (5) unreasonable conditions of confinement under § 1983; (6) failure to intervene in violation of § 1983; (7) municipal liability under § 1983; and (8) supervisory liability under §§ 1981 and 1983.1 Defendants thereafter moved under Fed. R. Civ. P. 12(b)(6) to dismiss plaintiff’s complaint in its entirety for failure to state a claim. The Court granted defendants’ motion in most respects, but allows plaintiff’s Equal Protection claim against the City of New York to survive.

Adkins Opinion

Adkins Docket