Transgender Inmate Keeps Appeals Court’s Revival of ADA Lawsuit

Oct. 7, 2022, 9:29 PM UTC

A disability discrimination suit by a transgender inmate against a Virginia sheriff will proceed after the full Fourth Circuit decided Friday not to rehear the case.

A divided three-judge panel of the appeals court revived the suit in August after it was dismissed by a lower court. The US Court of Appeals for the Fourth Circuit voted 8–6 against rehearing the case en banc.

  • There are important distinctions between inmate Kesha Williams’ gender dysphoria and the “gender disorders not resulting from physical impairments” that are excluded from coverage under the Americans with Disabilities Act, Judge James Andrew Wynn said in ...

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