| News Item | |
25 Million Dollar Lawsuit Filed Against
City and County of San Francisco's Police Department for Transgender Discrimination,
Excessive Use of Force (CA, US)
Date: May 23, 2002
A man, who is Transgender Female to Male, JEREMY BURKE, has slapped a 25 million dollar
lawsuit against the City and County of San Francisco's Police Department and others for
discrimination and excessive use of force.
The lawsuit filed in the San Francisco Superior Court against the City and County of San
Francisco's Police Department, Officer Anton Collins (#142), Officer Lee (#1057), Deputy
Sheriff Veloro (#1702), Dorthy Lipkin, 350 Ellis Street Apartments, San Francisco Housing
Services -- may be one of the largest discrimination cases by a transgender individual in
U.S. history.
"This sends a message to governmental Police Agencies that discrimination in any form
won't be tolerated," said attorney Waukeen Q. McCoy, who represents JEREMY BURKE,
plaintiff in the case. "This lawsuit will send a wake up call to law enforcement
across the country that the use of excessive force will be challenged."
The lawsuit, filed on May 21, 2002, alleges that Jeremy Burke, who was visiting his
domestic partner at 350 Ellis Street in San Francisco, CA on August 13, 2001, was severely
beaten by the Defendants. The suit contends that Police Officers barged into Burke's
domestic partner's apartment, took the partner into the hallway where Burke's partner
could not see, but could hear the beating. The suit says that Defendant Officer Collins
grabbed Burke under both arms and dragged him out of a chair he was sitting in and began
to punch Burke in the face and chest, several times in the eye, and in the stomach and
kidney area repeatedly. The lawsuit claims that during the exchange with Burke, Collins
told Burke to turn over on his stomach and Collins proceeded to slam Plaintiff's head into
the floor several times. Collins handcuffed Burke and stood him up to slam his head into
the wall several times.
The suit further alleges that after Burke was handcuffed by Collins, Collins handed
Plaintiff over to Defendant Officer Lee who bent Plaintiff's fingers as far back as they
would go and said, "what are you doing to my partner?" The suit contends that
Officer Lee bent Burke's fingers back to make Burke get on his knees on the floor.
On one occasion, the lawsuit alleges that a Police Officer told Plaintiff Burke, "its
no big deal, you are not dead are you?" At the
station, Burke was stripped searched by females. The suit contends that Burke was not
allowed to take off his own clothing. His feet and hands were cuffed and he was made to
lay face down on the floor. The female officers stripped Burke naked and then threw him
into an isolation room. Burke told the officers that he was Transgender and one of the
officers said, "oh s**t we f****d up." One officer then threw a blue dress into
the room where Burke sat naked. Burke told the officer that he did not wear dresses. The
suit contends that the Officers knew all along that Burke was transgender.
The lawsuit alleges that one of the female officers came and told Burke that Burke had to
come with her. This officer told Burke that her "superior was having trouble knowing
where to put him." The officer told Burke that, "we have to see what you
have." The suit contends that Burke was made to take his pants off, made to pull his
legs apart and told to keep himself spread totally apart so the female officer could
"look at everything" for an exorbitant amount of time. After some time had
elapsed, the officer began to walk out of the room and said laughing, "that is the
biggest c**t I have ever seen." Burke was placed in a cell and made fun of. The suit
contends that due to the beating by the Police, plaintiff received an infection and began
to discharge blood. Burke was taken to General Hospital for treatment and could not be
arraigned for at least eight days because he was vomiting bile and blood. Burke filed a
complaint with the Office of Citizen's Complaints but nothing was done.
Burke is seeking damages for discrimination, assault, battery, intentional infliction of
emotional distress, and negligent hiring, training and supervision. Burke is seeking 25
million dollars in damages.
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