No. 22-6366

Brala Beverly v. Orange County Sheriff, et al.

Lower Court: Ninth Circuit
Docketed: 2022-12-21
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 8th-amendment civil-rights civil-rights-violations constitutional-rights due-process equal-protection gender-identity transgender-rights
Latest Conference: 2023-04-14 (distributed 2 times)
Question Presented (from Petition)

Is it constitutional for the County of Orange in California, and the Orange County
Sheriff, as a matter of custom or policy, to pretend transgender people don't exist and
reassign the gender of transgender people simply for being in custody, by placing them in
jails only based on biology, in pure ignorance of sociology, psychology and human behavior?

Is it a violation of the first amendment of the U.S. Constitution for the Orange County,
California Sheriff to reassign the gender of a transgender person in custody?

Does the conduct of the Orange County Sheriff in California of subjecting transgender
citizens to cross gender physical searches, cross gender sleeping quarters and bathing with
those of another gender violate the fourth amendment right of a transgender person to be
secure in their person?

Is it a violation of the fifth amendment of the U.S. Constitution and the right against self
incrimination for a detainee in the Orange County, California jail to be forced to testify as to
their guilt or innocence without proper representation of counsel as an option for the
detainee?

Is it a violation of the sixth amendment of the U.S. Constitution and the right to counsel
for a detainee in an Orange County, California jail to be forced to testify as to their guilt or
innocence without proper representation of counsel as an option for the detainee?

Is it a violation of the fourteenth amendment of the U.S. Constitution due process
clause for a transgender person in fear in a men's jail, handcuffed next to men, to be forced
to admit or deny guilt under this threat of gender violence at a jail hearing on her charge?

Is it a violation of the eighth amendment of the U.S. Constitution and cruel and
unusual punishment for police to require a transgender person change their gender and be
housed in traditional gender facilities as part of punishment for a crime?

Where police who have reassigned the gender of a transgender person in jail and they
witness gender related violent threats to that transgender individual by other inmates
based on the persons gender, is this a violation of the fourteenth amendment of the U.S.
Constitution of equal protection under the law?

Is it a violation of any federal hate crimes laws for police to misgender, harass the
gender of and at the same time physically force a transgender inmate into a jail with men
threatening gender related violence on the transgender person at the same time?

Is it a violation of the California Bane Act for police to misgender and harass the
gender of and physically force a transgender inmate into a jail with men threatening gender
related violence on the transgender person at the same time?

Is it a violation of the California Senate Bill 132 for Orange County, California Sheriff
and the County of Orange to misgender and harass the gender of and physically force a
transgender inmate into a jail with men threatening gender related violence on the
transgender person at the same time?

Is California Senate Bill 132 correct when it says placing transgender inmates in a
jail not of their gender identity is a violation of their constitutional rights?

Does the Orange County Sheriff and County having a policy to reassign the gender of
transgender citizens upon arrest amount to an unconstitutional policy under the Monell
Doctrine?

Does the Orange County, California Sheriff and County of Orange having a policy to
reassign the gender of transgender citizens upon arrest and the inevitable violence to
gender subsequent circumstances in the jail amount to rights violations under 42 U.S.C.
1983?

Do the federal civil rights violations alleged against the County or Orange, California in
this lawsuit also therefore apply to other states and their counties in the treatment of
transgender citizens under arrest regardless of

Question Presented (AI Summary)

Is it constitutional for the County of Orange in California, and the Orange County Sheriff, as a matter of custom or policy, to pretend transgender people don't exist and reassign the gender of transgender people simply for being in custody, by placing them in jails only based on biology, in pure ignorance of sociology, psychology and human behavior?

Docket Entries

2023-04-17
Rehearing DENIED.
2023-03-29
DISTRIBUTED for Conference of 4/14/2023.
2023-03-10
Petition for Rehearing filed.
2023-02-21
Petition DENIED.
2023-01-26
DISTRIBUTED for Conference of 2/17/2023.
2022-12-27
Waiver of right of respondent County of Orange, erroneously sued as the Orange County Sheriff to respond filed.
2022-12-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2023)

Attorneys

Brala Beverly
Brala Beverly — Petitioner
County of Orange, erroneously sued as the Orange County Sheriff
Roberta A. KrausWoodruff, Spardlin & Smart, APC, Respondent