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Today is Tuesday, November 27, 2007

PRISONS: CALIFORNIA

Transman Files $25 Million Lawsuit Against San Francisco Police

Plaintiff Alleges Assault, Battery, and Discrimination


[SAN FRANCISCO, CA] - 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.

For More Information contact Waukeen Q. McCoy, Esq (Plaintiff's attorney) at the LAW OFFICES OF WAUKEEN McCOY, 703 MARKET STREET, STE. 1407, San Francisco, California 94111. Call for availability at or by
fax at .

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