Tay Tay v. Illinois Department of Corrections
Tay Tay is a 40-year-old Black transgender woman who had been imprisoned in the IDOC since she was a teenager. IDOC refused to house her in the Women’s Division. While housed in men’s prisons, Tay Tay survived four brutal rapes and lived with near-constant threats and harassment from both other prisoners and staff.
In the summer of 2019 the MacArthur Justice Center along with colleagues from the Uptown People’s Law Center took over Tay Tay’s pending case against Wexford and medical staff for their failure to provide her with proper medical care to treat her gender dysphoria and related mental health diagnoses, and against IDOC and officers at various men’s prisons for their failure to protect her from abuse she endured. In March 2020, Tay Tay settled this case.
We also filed a new case and litigated a preliminary injunction hearing seeking Tay Tay’s transfer to the women’s division or in the alternative, a detailed, individualized plan to house her safely in the men’s division (without resorting to placing her in protective custody which is akin to solitary confinement). In May 2020, Tay Tay won a preliminary injunction requiring IDOC to develop a case management plan to keep her safe in a landmark decision.
While fighting for Tay Tay’s transfer to the women’s division, we were also fighting for her release from IDOC custody through the clemency process. In the past two decades, Tay Tay had reformed and grown into a leader and mentor despite all the hardships she had to overcome as a transgender woman in IDOC. Her clemency petition received the support of over 40 organizations across Illinois and the Cook County State’s Attorney did not object. In July 2020, Governor Pritzker granted her clemency petition and commuted part of her sentence, which made her eligible for immediate release.
After she was released, Tay Tay settled her claims against IDOC staff for the abuse that she endured while in custody.
Case Developments
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The parties reach a settlement on all of Tay Tay's outstanding claims against the IDOC —December 10, 2020
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Clemency granted —July 20, 2020
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Court granted the PI and ordered individual safety plan —May 1, 2020
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Filed additional materials in support of clement petition, including a letter of support signed by 40 organizations —March 18, 2020
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Filed clemency petition —January 22, 2020
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Court held a one-and-a-half day evidentiary hearing on Plaintiff's motion for a PI —October 15, 2019
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Court held a one-and-a-half day evidentiary hearing on Plaintiff's motion for a PI —September 25, 2019
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Filed motion for a preliminary injunction —May 14, 2019
Key Documents
In The News
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Transgender inmate suing for transfer
WCIA May 17, 2019 -
Transgender inmate in Danville suing for transfer to women’s prison
The News-Gazette May 16, 2019 -
Transgender inmate sues for transfer to female Illinois prison
Chicago Sun-Times May 15, 2019 -
Transgender inmate sues; seeks transfer to female prison
Associated Press May 15, 2019