WILLIAMS v. KINCAID

No. 21-2030.

45 F.4th 759 (2022)

Kesha T. WILLIAMS, Plaintiff-Appellant, v. Stacey A. KINCAID, in her official capacity; Xin Wang, NP, in her individual and official capacities; Deputy Garcia, in his individual and official capacities, Defendants-Appellees. American Civil Liberties Union; Black and Pink Massachusetts; GLBTQ Legal Advocates & Defenders; Lambda Legal; National Center For Lesbian Rights; National Center for Transgender Equality; National LGBTQ Task Force; Trans People of Color Coalition; Transcending Barriers (ATL); Transgender Legal Defense & Education Fund; disAbility Law Center of Virginia; Disability Rights Vermont, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: August 16, 2022.


Attorney(s) appearing for the Case

ARGUED: Joshua Harry Erlich , THE ERLICH LAW OFFICE, PLLC, Arlington, Virginia, for Appellant. Philip Corliss Krone , COOK CRAIG & FRANCUZENKO, PLLC, Fairfax, Virginia, for Appellees. ON BRIEF: Davia Craumer , Katherine L. Herrmann , THE ERLICH LAW OFFICE, PLLC, Arlington, Virginia, for Appellant. Alexander Francuzenko , COOK CRAIG & FRANCUZENKO, PLLC, Fairfax, Virginia, for Appellees. Shannon Minter , NATIONAL CENTER FOR LESBIAN RIGHTS, San Francisco, California; Jennifer Levi , GLBTQ LEGAL ADVOCATES & DEFENDERS, Boston, Massachusetts; Kevin M. Barry , QUINNPIAC UNIVERSITY SCHOOL OF LAW LEGAL CLINIC, Hamden, Connecticut, for Amici GLBTQ Legal Advocates & Defenders, National Center for Lesbian Rights, Lambda Legal, Transgender Legal Defense & Education Fund, Black and Pink Massachusetts, Transcending Barriers (ATL), National LGBTQ Task Force, The American Civil Liberties Union, The National Center for Transgender Equality, and Trans People of Color Coalition. John Cimino , Rebecca S. Herbig , Steven M. Traubert , DISABILITY LAW CENTER OF VIRGINIA, Richmond, Virginia, for Amici The disAbility Law Center of Virginia and Disability Rights Vermont.

Reversed and remanded for further proceedings by published opinion. Judge Motz wrote the opinion, in which Judge Harris joined. Judge Quattlebaum wrote an opinion concurring in part and dissenting in part.


Kesha Williams, a transgender woman with gender dysphoria, spent six months incarcerated in the Fairfax County Adult Detention Center. Though prison deputies initially assigned her to women's housing, they quickly moved her to men's housing when they learned that she was transgender. There, she experienced delays...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases