Hinton v. Dist. of Columbia
| Decision Date | 30 September 2021 |
| Docket Number | Civil Action No. 21-1295 (JDB) |
| Citation | 567 F.Supp.3d 30 |
| Parties | Sunday HINTON, Plaintiff, v. DISTRICT OF COLUMBIA, Defendant. |
| Court | U.S. District Court — District of Columbia |
Arthur B. Spitzer, Scott Michelman, Michael Krevans Perloff, Steven D. Marcus, Megan Yan, American Civil Liberties Union of the District of Columbia, Washington, DC, for Plaintiff.
Andrew J. Saindon, Brendan Russell Heath, Pamela A. Disney, Office of the Attorney General for the District of Columbia, Washington, DC, for Defendant.
This case arises out of the District of Columbia's (the "District") policy regarding the housing of transgender individuals in the custody of its Department of Corrections ("DOC"). Plaintiff Sunday Hinton is a transgender woman who was detained in the men's unit of the D.C. Jail from April 26 to May 26, 2021. She brought this action for a preliminary and permanent injunction on behalf of herself and a putative class of transgender individuals to challenge DOC's housing policy. Although DOC amended its policy subsequent to the commencement of this action, Hinton insists that her claims remain viable because, even as amended, the policy unlawfully discriminates against transgender individuals in violation of the Equal Protection Clause of the U.S. Constitution and the D.C. Human Rights Act ("DCHRA"). She also insists that, notwithstanding her release from custody, her class claims are not moot because of their inherently transitory nature.
Hinton's motions for class certification and preliminary injunction are now fully briefed and ripe for this Court's consideration following a motions hearing held on August 24, 2021. The Court will deny Hinton's motions for class certification and preliminary injunction without prejudice. Due to the fluid nature of the putative prospective class, the Court will give Hinton the opportunity to file a renewed motion for class certification with the benefit of pre-certification discovery and to amend her complaint, which may in turn preserve her forward-looking class-wide claims beyond the expiration of her individual stake in the outcome of this litigation.
Plaintiff Sunday Hinton was brought into the custody of DOC on April 26, 2021. Am. Class Action Compl. for Declaratory & Inj. Relief ("Am. Compl.") [ECF No. 32] ¶ 3. Despite identifying herself as a transgender woman and requesting to be placed in a women's unit, Hinton was assigned to a men's unit pursuant to the DOC policy then in effect. Id. After spending approximately two weeks in that unit, Hinton filed the instant action on May 11, 2021 seeking a temporary restraining order ("TRO") and preliminary injunction mandating that DOC immediately transfer her to a women's unit. Id. ¶ 4. Hinton's complaint alleged that DOC policy housed transgender individuals in either a men's or women's housing unit based presumptively on their anatomy rather than their gender identity. Compl. [ECF No. 1] ¶ 1. Her complaint further alleged that this "policy of considering anatomy as either the default or the exclusive criterion in housing assignments for transgender people" constitutes discrimination on the basis of sex and gender identity in violation of the Equal Protection Clause and the DCHRA. Id. ¶¶ 47, 52. Hinton also sought certification to seek class-wide relief for "similarly situated transgender individuals" who are either currently housed in DOC facilities inconsistent with their gender identity, "or who will be detained in a DOC facility in the future." Id. at 1.
According to Hinton, after she filed suit, DOC staff sought to obtain a waiver from her disclaiming her request to be housed in a women's unit in exchange for housing her in a cell with another transgender woman inside the men's unit. Am. Compl. ¶¶ 5, 43–50. Shortly thereafter, Hinton was afforded a hearing with DOC's Transgender Housing Committee ("THC"), which resulted in her transfer to a women's unit. Id. ¶¶ 5, 52. On May 26, 2021—exactly one month after she was detained—Hinton was released from custody on order of the Superior Court of the District of Columbia. See Notice (May 27, 2021) [ECF No. 18].
Hinton's transfer into a women's unit and eventual release from custody are not the only factual circumstances that have changed since this case was first filed. DOC has also changed its transgender housing policy.
Under the policy in place during Hinton's detention, DOC presumptively "classif[ied] an inmate who has male genitals as a male and one who has female genitals as a female, unless otherwise recommended by the [THC]." See Gender Classification & Housing, DOC Policy & Procedure 4020.3G (eff. Oct. 15, 2019) (the "G Policy") [ECF No. 22-1] ¶ 2.a. If an inmate self-identified as transgender or intersex, or if "[a]n inmate's gender identity, gender expression, or behavior differs from their assigned sex at birth," corrections staff were instructed to follow intake procedures designed to determine whether that inmate is transgender or intersex. Id. ¶¶ 2.b., 9. Then, "[i]nmates identified as Transgender or Intersex shall be housed in a single cell in the intake housing unit consistent with the gender identified at intake for no more than seventy-two (72) hours, excluding weekends, holidays and emergencies, until classification and housing needs can be addressed by the [THC]." Id. ¶ 10.b.
The THC, in turn, would conduct a hearing with the inmate and obtain the inmate's "opinion regarding ... vulnerability in the general jail population of the male or female units," before attempting to reach a consensus decision regarding the inmate's housing "based on [the inmate's] safety/security needs, housing availability, gender identity and sex at birth." Id. ¶¶ 10.6, 11.b. "[W]hen there is reason to believe the inmate presents a heightened risk to him/herself or to others or where the inmate fears he or she will be vulnerable to victimization," the G Policy provided that the inmate be placed in protective custody within whichever sex-based housing unit the THC deems appropriate. Id. ¶ 11.f. Finally, the THC's decision was submitted in writing to the warden for approval. Id. ¶ 11.c. If the warden disagreed with the THC's recommendation, the warden provided a written justification of her position to the director of DOC for final determination, and an inmate dissatisfied with his or her housing assignment had the right to administratively appeal.
Id. ¶ 11.d. In all cases, whether a transgender inmate is housed consistent with anatomy or with gender identity, the G Policy provided that he or she "shall be housed in a single cell or with another Transgender or Intersex inmate in the[ ] assigned housing unit, no exceptions." Id. ¶ 11.e.
According to Hinton, this policy was not followed in practice. Instead, Hinton alleges, the policy as applied "contain[ed] a presumption" that transgender individuals "will be housed according to their anatomy—that is, a person who has ‘male genitals’ is housed in a men's unit and a person who has ‘female genitals’ is housed in a women's unit." See Mem. in of Pl.’s Appl. for TRO & Mot. for Prelim. Inj. ("Pl.’s Br.") [ECF No. 4-1] at 1; Am. Compl. ¶¶ 25–28 ().1 Moreover, Hinton alleges, "the THC ha[d] not met for more than 15 months" as of May 11, 2021, resulting in "transgender individuals detained at DOC facilities ... being housed according to the default presumption alone—strictly based on their anatomy." Pl.’s Br. at 1. Indeed, according to Hinton, since this suit was filed, DOC "housed at least four other transgender individuals at odds with their gender identity despite their wishes, and ... pressured at least three (all transgender women) into signing statements stating they wished to be housed with men" without conducting a THC hearing. Am. Compl. ¶ 53. Even when the THC did meet pursuant to the G Policy, one THC member indicated to Hinton's counsel "that a person's anatomy is a primary focus of the THC's analysis." Id. ¶¶ 32, 35.
On June 17, 2021, the District amended the G Policy. Under the new policy, rather than presumptively classify an inmate's gender based on anatomy, "DOC shall house Transgender, Intersex, or Gender Nonconforming inmates in male or female units based on their preference, unless otherwise recommended by the [THC] and approved in accordance with this policy." Gender Classification & Housing, DOC Policy & Procedure 4020.3H (eff. June 17, 2021) (the "H Policy") [ECF No. 22-2] ¶ 2.a. During intake, the H Policy provides that transgender inmates "be housed in protective custody (voluntary or involuntary protective custody) in a single cell in the intake housing unit consistent with the inmate's gender housing preference identified at intake." Id. ¶ 10.a. "[W]ithin twenty-four (24) hours [of intake], excluding weekends, holidays and emergencies," DOC's Prison Rape Elimination Act ("PREA") Victim Services Coordinator must conduct an initial safety and security assessment of a transgender inmate's housing preference. Id. Within seventy-two hours thereafter (again with the same exclusions), the H Policy directs the THC to "conduct a formal classification and housing needs assessment" for the inmate. Id. Unlike the G Policy, the H Policy requires the THC to "house the inmate in the gender housing unit the inmate prefers—whether it corresponds to the inmate's gender identity or sex assigned at birth—unless the Committee has identified safety and security concerns with the inmate's preferred housing placement." Id. ¶ 11.b. From there, the H Policy largely tracks the G Policy with respect to the THC's written decision, review...
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