Transgender man, former inmate files lawsuit against Montgomery County Correctional Facility for alleged violations of rights

A transgender man and former inmate filed a federal lawsuit last month against the Montgomery County Correctional Facility (Lower Providence Township) and PrimeCare Medical Inc., a private contractor that provides healthcare to inmates, alleging a violation of rights.

The 94-page suit seeks more than $150,000 in damages and remedial action on the part of jail officials, including the implementation of LGBTQ+ sensitivity training for jail workers.

The inmate, who identified as “John Doe” in the filing, was at the facility from September 2023 to May 2024 and has identified as a man since 2010. During incarceration, Doe was assigned to the female housing unit, according to the lawsuit.

From the filing:

From the time Plaintiff arrived at Defendant, Montgomery County Correctional Facility, the Defendants, Montgomery County Correctional Facility; Montgomery County; Sean P. McGee, the Warden of Montgomery County Correctional Facility; and/or John Does and Jane Does # 1-10, assigned Plaintiff to a female cell block, which was not, from Plaintiff’s perspective, a cell block that was gender-appropriate for Plaintiff, and was not consistent with Plaintiff’s internal sense of his gender identity.

From the time Plaintiff arrived at Defendant, Montgomery County Correctional Facility, the Defendants, Montgomery County Correctional Facility; Montgomery County; Sean P. McGee, the Warden of Montgomery County Correctional Facility; and/or John Does and Jane Does # 1-10, classified Plaintiff’s gender as female despite Plaintiff having, at the relevant time, two (2) separate identity documents including both a government-issued identification card and a passport which identified Plaintiff’s gender as male. Plaintiff has identified his gender identity as male since his transition in or about 2010.

The suit alleges that Doe was harassed by other inmates:

During Plaintiff’s incarceration at Montgomery County Correctional Facility, as a result of being assigned to a cell block that was not consistent with Plaintiff’s gender identity, Plaintiff was subjected to harassment by the other detainees. Plaintiff was misgendered with incorrect pronouns by the other detainees during Plaintiff’s incarceration. The other detainees would also taunt Plaintiff stating that Plaintiff did not belong on their cell block since he was a man, or words to that effect. Plaintiff recollects that on another occasion a detainee stated that they were going to sue the jail because Plaintiff was not supposed to be there, or words to that effect. Plaintiff recollects that two (2) other detainees in particular would walk over to Plaintiff’s cell in order to stare in at him. On one (1) such occasion, after Plaintiff asked to be left alone, the other detainee laughed at Plaintiff.

On another occasion, in or about February 14, 2024, a female detainee attacked the Plaintiff. The detainee had previously made a comment to Plaintiff that Plaintiff “ain’t supposed to be here,” or words to that effect. The detainee scratched and left visible marks on the back of 8 Case 2:25-cv-03428-PD Document 1 Filed 07/03/25 Page 9 of 94 Plaintiff’s neck and upper back. Plaintiff had not done anything to prompt the assault.

The lawsuit also claims that Doe was denied hormone replacement therapy, misgendered by staff, provided female undergarments, verbally harassed by correctional officers, and observed by correctional officers when dressing or undressing, among other complaints. The suit claims Harrisburg-based PrimeCare Medical Inc. did not allow Doe the therapy.

Montgomery County Correctional Facility had just one transgender inmate in their entire population as of June 2025, according to a recent audit of the population. The case has been assigned to U.S. District Judge Paul S. Diamond of the Eastern District of Pennsylvania. A jury trial has been requested. 

The lawsuit is below:

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