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Family of transgender woman who died in ICE custody files federal lawsuit

Lawsuit alleges Roxsana Hernández denied medical care

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A picture of Roxsana Hernández, a transgender Honduran woman with HIV who died in U.S. Immigration and Customs Enforcement custody in 2018, hangs on a wall inside the offices of Colectivo Unidad Color Rosa, an LGBTI advocacy group in San Pedro Sula, Honduras. (Washington Blade photo by Michael K. Lavers)

The family of a transgender woman with HIV who died in U.S. Immigration and Customs Enforcement custody in 2018 has filed a federal lawsuit against five private companies that were responsible for her care.

The Transgender Law Center and two immigration lawyers — Daniel Yohalem in Santa Fe., N.M., and R. Andrew Free in Nashville — filed the lawsuit on Wednesday in U.S. District Court for the District of New Mexico. Management and Training Corporation, LaSalle Corrections, Global Precision Systems, TransCor America and CoreCivic are named as defendants.

Hernández, who was from Honduras, entered U.S. Customs and Border Protection custody on May 9, 2018, when she asked for asylum at the San Ysidro Port of Entry in San Diego. She was later sent to the Cibola County Correctional Center, a facility in Milan N.M., that CoreCivic, which was previously known as the Corrections Corporation of America, operates.

Hernández was admitted to Cibola General Hospital in Grants, N.M., shortly after she arrived at the detention center. Hernández died at Lovelace Medical Center in Albuquerque, N.M., on May 25, 2018.

Lovelace Medical Center in Albuquerque, N.M. (Washington Blade photo by Michael K. Lavers)

The lawsuit alleges Hernández on May 14, 2018, “exhibited visible signs of deterioration requiring immediate medical intervention” when Management and Training Corporation transported her and 12 other trans detainees from San Ysidro to the San Luis Regional Detention Center, a facility in San Luis, Ariz., that LaSalle Corrections operates.

“MTC denied Roxsana and her fellow detainees food, water, and restroom access throughout their transfer,” reads the lawsuit.

The lawsuit notes one detainee said Hernández appeared “very weak and pale, almost yellow in pallor, with dark circles under her eyes” when she was at the San Luis Regional Detention Center.  

Hernández was at the facility for only a “few hours,” but she “used the bathroom several times to vomit or spit up phlegm.” The lawsuit claims Hernández “was so weak from fever that she spent most of her time at SLRDC (San Luis Regional Detention Center) laying on the floor, coughing.”

“Officers of Defendant LaSalle Corrections witnessed Roxsana’s obvious state of medical need and failed to offer her emergency medical assistance,” reads the lawsuit. “Eventually during her time at SLRDC Roxsana was so ill she could not eat and had to use the restroom approximately every 15 minutes because she had such bad diarrhea.”

The lawsuit states Hernández and more than two dozen other trans detainees at around midnight on May 15 boarded a bus that took them to the Phoenix-Mesa Gateway Airport in the Phoenix suburb of Mesa.

“Roxsana was very ill during the four-hour bus ride and pleaded for help to a person who sat with her, saying words to the effect of, ‘Help me! I don’t know if I’m going to survive,’” reads the lawsuit.

The lawsuit alleges a LaSalle Corrections officer “threatened” Hernández and the other detainees with whom she was traveling. The lawsuit says one detainee asked officers in both English and Spanish to provide medical care to Hernández, but they “ignored her.”

“When they arrived at the airport, one of the people being transported by LaSalle alongside Roxsana told an officer with beige pants and long red hair that Roxsana was very sick and needed immediate medical attention,” reads the lawsuit. “The officer refused to respond to her. During her five hour stay in the Mesa airport Roxsana remained in LaSalle’s custody and was provided no medical care or assistance for her sickness.”

The lawsuit states Hernández and the other detainees flew to El Paso, Texas, and arrived at the El Paso Processing Center at around 3:15 p.m. The lawsuit notes Hernández remained at the facility until the morning of May 16, 2018.

“She and her fellow asylum seekers woke up to ICE officers presenting them food that they were instructed to eat for breakfast at around 5:00 a.m.,” reads the lawsuit. “Roxsana attempted to eat the meal provided, but ended up vomiting and then going back to sleep.”

“By this time, Roxsana appeared to all around her to be gravely ill,” reads the lawsuit. “Despite LaSalle’s knowledge of Roxsana’s urgent need for medical care, during the entire time Roxsana was in LaSalle’s custody LaSalle did not provide her with medical care or assistance to alleviate her suffering.”

The lawsuit says Hernández and 29 other detainees who were going to the Cibola County Correctional Center boarded a bus at around 9 a.m.

“Each person was provided an 8-ounce bottle of water and sandwich to last the entire five and-half hour journey to the Cibola detention center in New Mexico,” says the lawsuit, which notes the temperature in El Paso that day reached 97 degrees before noon.

The lawsuit notes Hernández asked an officer for water during the trip, but he told her that he did not speak Spanish.

Hernández reportedly “had a fever and produced a significant amount of phlegm during the trip” and had bloody sputum when she blew her nose. The lawsuit also notes Hernández “felt dizzy and extremely exhausted, and her stomach hurt badly.”

The lawsuit says the bus arrived at the ICE Criminal Alien Program facility in Albuquerque at around 2:30 p.m.

“Despite GPS’s knowledge of Roxsana’s urgent need for medical care, during the entire time Roxsana was in GPS’s custody GPS did not provide her with medical care or assistance to alleviate her suffering,” it reads.

The lawsuit says officers from TransCor drove Hernández and 28 other trans detainees to the Cibola County Correctional Center, which is roughly 80 miles west of Albuquerque. The detainees arrived at the facility shortly after 8 p.m.

“Throughout this trip, Roxsana continued to appear gravely ill,” reads the lawsuit, noting she was unable to eat. 94. “Roxsana required immediate medical assistance that TransCor employees neglected to provide.”

The Cibola County Correctional Center in Milan, N.M. (Photo courtesy of U.S. Immigration and Customs Enforcement)

The Cibola County Correctional Center at the time had a unit specifically for trans women who were in ICE custody.

The lawsuit states Hernández was booked into the facility at around 1:15 a.m. on May 17. It notes she spent the night in the facility’s “medical waiting room.”

“Roxsana lay on the floor, only getting up to use the restroom or drink a beverage officers brought around 4 a.m.,” reads the lawsuit. “Roxsana was so weak and ill that she became delirious.”

The lawsuit states Hernández was brought to an “onsite medical provider who conducted an intake screening.” Hernández received “electrolytes and Ensure” before she returned to a holding cell.

The lawsuit says “an onsite medical provider” examined Hernández at around 10 a.m. She reportedly weighted 89 lbs., and was diagnosed with “dehydration, starvation, extreme weight loss, muscle wasting, untreated HIV, fever and cough.” The lawsuit also notes Hernández’s blood pressure was 81/61 and she had “rough breathing sounds and increased amount of white phlegm mucus excreted in abnormally large quantities.”

The lawsuit states officers at the detention center called an ambulance that brought Hernández to Cibola General Hospital at 11:44 a.m. Hernández later that day was airlifted to Lovelace Medical Center where she died.

“Throughout her hospitalization, CoreCivic officers shackled Roxsana at her wrists and both ankles to her hospital bed except when medical personnel needed to remove them for certain medical procedures,” reads the lawsuit. “At least one armed CoreCivic officer guarded Roxsana at all times and checked that her restraints were secured at least every 20 minutes.”

“Each time medical staff needed CoreCivic officers to remove her restraints, the officer on duty made a call to ‘central’ to receive approval to remove them, delaying Roxsana’s receipt of medical care,” notes the lawsuit. “CoreCivic officers kept Roxsana shackled even after her treating medical providers medically paralyzed her and when she first went into cardiac arrest.”

‘Every private entity tasked with Roxsana’s care failed her’

An autopsy the New Mexico Office of the Medical Investigator performed concluded Hernández died from Castleman disease associated with AIDS.

A second autopsy` that former Georgia Chief Medical Examiner Kris Sperry performed at the Transgender Law Center’s request concluded the cause of death was “most probably severe complications of dehydration superimposed upon HIV infection, with the probable presence of one or more opportunistic infections.” The second autopsy also found “evidence of physical abuse” that included bruising on Hernández’s rib cage and contusions on her body.

“Every private entity tasked with Roxsana’s care failed her,” said Dale Melchert, a Transgender Law Center staff attorney, in a press release that announced the lawsuit. “What we know about the short time that Roxsana was in immigration custody is that the officers tasked with transporting her saw her health deteriorate, heard her cries for help, and did nothing. She needlessly suffered as a result of their inaction.”

ICE has denied allegations that Hernández was abused while in its custody.

Amanda Gilchrist, a spokesperson for CoreCivic, on Thursday told the Los Angeles Blade in a statement the company offers “our deepest condolences to the family and friends of Roxsana Hernández.” Gilchrist also noted Hernández was “gravely ill” when she arrived at the Cibola County Correctional Center.

“When she arrived, she went through the intake process, which includes a medical evaluation,” said Gilchrist. “The medical team made the determination that she needed to be immediately transported to an outside hospital.” 

“Ms. Hernandez was only at Cibola for 12 hours, where she stayed in the intake area before being transported to the hospital where she passed away nine days later,” she added.

Issa Arnita, a spokesperson for the Management and Training Corporation, on Thursday told the Blade in an email the company “disputes the allegations in the lawsuit, but is unable to comment any further because of the litigation.” Arnita in a second email noted Hernández was in Management and Training Corporation’s custody for “less than four hours, more than a week before her death.”

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Missouri

Out Missouri candidate for local office campaign banner defaced with slur

If elected, Justice would become the first openly Out Jackson County Legislator, as well as the first Black representative of the district

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Photo Credit: Justice Horn/Twitter

KANSAS CITY – Over the July 4 holiday weekend an oversized campaign banner for community activist Justice Horn, who is running for the Jackson County Legislature, District 1, was vandalised with the homophobic slur ‘FAG.’

Horn, who announced his candidacy for Jackson County’s first district in May last year, tweeted Saturday about the vandalism:

Horn did not file a police report. In an interview with the Kansas City Star on Monday he said:

“I don’t know how much more blatantly that this was a hate crime. It was specifically targeted at me because of my sexual orientation.

“What bothers me the most is that it happened in broad daylight. They were so emboldened to do this. It was specifically a defacing to attack me not based on my policy or my candidacy but on me personally. It was the same as calling me the N-word.”

Horn was set to hold a press conference on Tuesday morning but prior to its scheduled time the banner was ripped down and stolen. Horn then tweeted:

The LGBTQ Victory Fund, a Washington D.C.-based group that supports LGBTQ+ candidates reacted in a statement sent out from its president & CEO Mayor Annise Parker:

“Recent anti-LGBTQ attacks from officials serving at the highest levels of government empower bigots across the country to espouse hate openly. The reality is that out LGBTQ candidates of color bear the brunt of much of this animus. We stand firmly with Justice and unequivocally condemn this homophobic attack. Hateful acts like this make it abundantly clear that progress is not linear and should never be taken for granted. This is a reminder for the LGBTQ community and our allies that the fight for equality is far from over and that we must enter this election with urgency and strength. The stakes could not be higher.”

If elected, Justice would become the first openly LGBTQ+ Jackson County Legislator, as well as the first Black representative of the first district. Justice is also of Pacific Islander and Native Blackfoot heritage.

Justice is a former Student Body President of the University of Missouri-Kansas City, where he recently graduated with his Bachelors of Business Administration. He rose to notoriety after his role in the Black Lives Matter movement in Kansas City as a lead organizer, which concluded with a list of demands recommitting the City to the safety of the public through police reform, signed by Mayor Quinton Lucas. This resulted in body cams for police officers, which has recently been put into practice, as well as elevating the issue of local control to a top state legislative priority.

Throughout the past year, Justice has been the author behind multiple pieces of legislation to pass out of city council, including the creation of the first LGBTQ+ Commission in the state. Subsequently, he authored the Trans Inclusive Healthcare resolution, which directs the City Manager to ensure health insurance contracts initiated by the City are inclusive of all gender identities to prevent discrimination.

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The White House

White House, Don’t Say Gay law: “This is discrimination, plain and simple”

“State officials who claim to champion liberty are limiting the freedom of their fellow Americans simply to be themselves”

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White House Press Secretary Karine Jean-Pierre (The White House)

WASHINGTON – The White House Press Secretary Karine Jean-Pierre released a statement Friday as Florida’s notorious ‘Don’t Say Gay’ law took effect, saying “[…] state officials who claim to champion liberty are limiting the freedom of their fellow Americans simply to be themselves.”

President Biden also tweeted about the law prior to leaving for Camp David to spend the July 4th holiday weekend, calling the law “the latest attempt by Republicans in state houses to target LGBTQI+ students, teachers, and families.”

In her statement, Jean-Pierre said:

“Today, some of Florida’s most vulnerable students and families are more fearful and less free. As the state’s shameful “Don’t Say Gay” law takes effect, state officials who claim to champion liberty are limiting the freedom of their fellow Americans simply to be themselves.

“Already, there have been reports that “Safe Space” stickers are being taken down from classrooms. Teachers are being instructed not to wear rainbow clothing. LGBTQI+ teachers are being told to take down family photos of their husbands and wives—cherished family photos like the ones on my own desk.

“This is not an issue of “parents’ rights.” This is discrimination, plain and simple. It’s part of a disturbing and dangerous nationwide trend of right-wing politicians cynically targeting LGBTQI+ students, educators, and individuals to score political points.

“It encourages bullying and threatens students’ mental health, physical safety, and well-being. It censors dedicated teachers and educators who want to do the right thing and support their students. And it must stop.

“President Biden has been very clear that every student deserves to feel safe and welcome in the classroom.

“The Department of Education will be monitoring this law, and any student or parent who believes they are experiencing discrimination is encouraged to file a complaint with the Department’s Office for Civil Rights.

“Our Administration will continue to fight for dignity and opportunity for every student and family—in Florida and around the country.”

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Florida

Florida county’s school policy critics say “essentially targets LGBTQ+ kids”

“Sending out a parent notification could be seen as placing a target on a student’s back,” said Lauren Kelly-Manders, a Tallahassee resident

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Screenshot/YouTube students in a classroom generic news coverage

TALLAHASSEE – The Leon County School Board this week unanimously approved its “LGBTQ Inclusive School Guide” after a rancorous and at times heated debate Tuesday. At the heart of the new policy are guidelines that critics charge will harm LGBTQ+ youth in the school system.

The Tallahassee Democrat newspaper reported what drew the most debate was a provision that a school will notify parents — by form — if a student who is “open about their gender identity” is in a physical education class or on an overnight trip. 

Some teachers and students during the Tuesday night meeting said the policy will “out” LGBTQ+ students — revealing their sexual orientation or gender identity without their permission. 

While the policy language does explicitly say a student’s sexual orientation, gender identity or expression “should not be shared with others without their input and permission,”  advocacy groups and activists claim that in “real world” application the policy’s danger to Outing LGBTQ+ kids remains regardless.

Los Angeles-based writer and actor Benjamin Siemon took to Twitter angrily noting that the policy “essentially paints these children as sex offenders that require warnings.”

Supporters of the school board’s new policy included the Leon County chapter of Mom’s for Liberty, a national far-right anti-LGBTQ+ activist group which has sought to ban LGBTQ+ books and curriculum nationwide. But the sticking point for the group is the provision doesn’t go far enough.

According to the Tallahassee Democrat, Sharyn Kerwin, head of the Leon County chapter of Mom’s for Liberty and who also served on the advisory committee to the School board as it crafted the new policy, told board members and the audience Tuesday: “Any attempt to withhold information from a parent or try to influence a child in a knowing way is against Florida law.”

Kerwin and other parents argued that the Parental Rights in Education bill, HB 1557, colloquially referred to as the “Don’t Say Gay” law requires school administrators to notify parents and many in the audience Tuesday citing biblical verses maintained discussions about sexual orientation have no place in schools.

Opponents charge that this policy will effectively weaponize bigotry and target LGBTQ+ kids, especially trans youth.

Critics of the notification policy say the district’s language is equating “gender identity” with LGBTQ sexuality. They note that even someone who is “straight” expresses themselves via their clothing choices or appearance and can be “open about their gender identity,” the Tallahassee Democrat noted.

“Sending out a parent notification could be seen as placing a target on a student’s back,” said Lauren Kelly-Manders, a Tallahassee resident. 

In the end, even with the policy approved, none were happy with the outcome as one side claiming not enough consideration was given to parental rights and opponents charging this will simply increase bullying of LGBTQ+ kids.

“Normally when we have something on the agenda, we have a group that’s for, and a group that’s against,” school board Vice Chair Alva Striplin noted adding, “Well, tonight we had everyone against.”

The school board voted to approve the guide unanimously 4-0.  According to the Tallahassee Democrat school board members will schedule another meeting to revisit the guide in six months to adjust the policy if needed. 

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