Trans Woman Awarded $275K After Assault in Men’s Prison
Kristina Frost sued San Diego County after she was severely beaten and had her jaw broken due to being placed in a cell with three male inmates.
San Diego County will pay $275,000 as part of a settlement with a transgender female inmate who sued police for placing her in a cell with three male inmates.
Her cellmates proceeded to beat her so severely that they broke her jaw.
Kristina Frost, a transgender woman, was arrested after being accused of a minor “book and release” crime on November 20, 2020. Under the guidelines, she should have had her fingerprints taken, been photographed, and had her personal details entered into the police department’s computer system but permitted to walk free until a future court appearance.
However, sheriff’s deputies chose instead to detain her for the alleged crime.
Despite having a driver’s license and clothing identifying her as female, the deputies frequently misgendered her and placed her in a prison cell with three men.
She kept to herself and fell asleep while sitting up, but awoke to a man punching her.
Frost claimed in a lawsuit that she later filed against the department that deputies on duty failed to respond immediately, and watched as she was assaulted for some time before finally intervening.
Then, they denied her medical care and kept her in custody for up to six more hours.
Once released from jail, she was diagnosed with two jaw fractures, requiring two surgeries and her jaw being wired shut. She has since had to use dentures due to the damage to her mouth.
The lawsuit claimed that Frost was left “in excruciating pain from her injuries” while remaining in custody, unable to eat food or drink water due to her jaw being broken.
Her lawyer has contended that the attack resulted in “lasting physical and emotional injuries.”
Frost claimed in her lawsuit that placing her with men violated the county’s policies on housing transgender individuals, under which transgender individuals are expected to be placed in cells corresponding to their gender identity.
Trenton Lamere, Frost’s attorney, told The San Diego Union-Tribune that the case represented the latest example of law enforcement mistreating transgender people in custody.
“This case was another tragic, yet preventable, example of such transphobic violence,” Lamere said. ‘Had Ms. Frost been promptly booked and released, for example, the incident would not have occurred.
“Similarly, had Ms. Frost been left in a cell by herself, this incident would not have occurred.”
After Frost initially filed her lawsuit, then-Sheriff Bill Gore issued a statement claiming that the inmate accused of carrying out the assault claimed Frost had attacked him.
“The person who allegedly assaulted Miss Frost stated he was assaulted by Miss Frost first and stated that he acted in self-defense,” the statement read.
The statement also noted that Frost had declined to press charges — a statement that appeared to imply that Frost’s refusal to do so cast doubt on the veracity of her claims.
Last July, the San Diego County Citizens’ Law Enforcement Review Board sustained a complaint related to the attack, finding that deputies failed to provide “secure, safe and humane” conditions in the jail. The board also recommended the department revise its policies to require — rather than suggest, as the current policy does — that transgender individuals be housed based on their gender identity.
Sheriff Kelly Martinez rejected that recommendation in February, claiming that the department’s current policy already aligns with the board’s preferred outcome.
“We ask those who are being booked into our jails whether they identify as male, female or nonconforming so we can effectively meet their needs while in custody,” the sheriff’s department said in a statement. “We communicate clearly with LGBT and gender non-conforming individuals when making housing and search decisions. We honor their physical search preference and consider their housing choices, as well as take reports of complaints seriously.”
Lawyers for the county initially sought to dismiss the lawsuit, but after being unsuccessful, entered settlement discussions with Frost’s lawyers. Once the parties reached a settlement, the county Board of Supervisors formally approved the $275,000 payment. As part of that settlement, the county was not required to admit any liability for Frost’s injuries.
The payment to Frost, which comes directly out of the public treasury, brings the total amount of legal settlements and jury awards paid by the county for alleged misconduct and neglect by the sheriff’s department over the past five years to $50 million, reports the Union-Tribune.
While Frost’s lawyers celebrated their victory, they also remarked that there are still issues that need to be resolved regarding the housing of transgender inmates.
“Ms. Frost, of course, remains mindful of her many transgender and gender nonconforming siblings who have experienced similar violence, and who have not received any kind of justice,” Lamere said in a statement. “Ms. Frost is hopeful, however, that a time will come when all people can live in harmony with one another regardless of their gender expression.”
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