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Urge Investigation of Transphobic Police Abuse

Kelly McAllister, a transgender woman, was reportedly beaten, pepper sprayed, hog-tied, and dragged across the hot pavement face down by arresting deputies from the Sacramento County Sheriff's Department after refusing orders to get out of her parked truck. She was later put in a cell with a male inmate who reportedly raped her. Urge the police to conduct a thorough investigation into Kelly McAllister’s allegations of abuse and the actions of its deputies leading to her rape.

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Message Recipients

Lou Blanas - Sheriff

Mark Iwasa - Captain

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Subject:*

Dear (recipient name),

I write in grave concern regarding the alleged ill-treatment of Kelly McAllister, a transgender woman, by the Sacramento County Sheriff's Department deputies, corrections officers and inmates in August and September 2002.

On August 16, 2002, Kelly McAllister was reportedly beaten, pepper sprayed, hog-tied, and dragged across the hot pavement face down by arresting deputies from the Sacramento County Sheriff's Department. It was also reported that Kelly McAllister's repeated requests to use a toilet were refused by officers, causing her to defecate in her clothing while hog-tied in the car. At the Sacramento County Main Jail, she was allegedly subjected to humiliating and threatening treatment, including transphobic verbal abuse, by Sheriff's deputies, jail personnel and other inmates.

On September 6, 2002, while Kelly McAllister was being detained in the Sacramento County Main Jail, the deputies and correction officers put her in a cell with a male inmate who reportedly proceeded to strike, choke, bite and rape her. While the SCSD did conduct an investigation leading to the inmate pleading guilty to "unlawful intercourse in jail," the SCSD did not investigate the alleged abuses by its own deputies and corrections officers, including their culpability for the rape of Kelly McAllister.

By failing to protect Kelly McAllister in custody and by putting her at particular risk by holding her in a cell with a male prisoner, the authorities are responsible for her alleged ill-treatment and, in case of the rape, torture. The lack of a thorough investigation of the culpability of the deputies and corrections officers at the SCSD and the Sacramento County Main Jail violates the principle of "due diligence" in international law that requires authorities to take appropriate steps to prevent abuses, to investigate them when they occur, and to bring perpetrators to justice in fair proceedings.

Furthermore, Kelly McAllister's ill-treatment by officers and other inmates is a violation of international human rights law and norms that guarantee every individual's right to be free from discrimination, torture and cruel, inhuman and degrading treatment.

-- I urge you to investigate thoroughly the culpability of deputies and corrections officers at the Sacramento County Main Jail for the rape of Kelly McAllister by another inmate.

-- I call on you to conduct an immediate and full investigation into the allegations of use of excessive force during Kelly McAllister's arrest.

-- I ask that the results of your investigations be made public and that any law enforcement officer found guilty be disciplined, or where appropriate, be prosecuted.

-- I urge you to ban the use of hog-tying, as it has been found that it can lead to death by "positional asphyxia," and to establish strict guidelines and limitations in the use of pepper-spray or stop its use altogether.

-- Finally, I call on the Sacramento Sheriff's Department and the Sacramento County Main Jail to implement effectively and immediately the new guidelines that have reportedly been developed pertaining to the detention of transgender individuals.

It is important that you send a clear message affirming that the human rights of ALL people will be respected and protected, regardless of a person's real or perceived sexual orientation or gender identity. You must send a clear message, by taking appropriate actions, that police abuse and misconduct will not be tolerated and that any officer found guilty of committing human rights violations will be brought to justice.

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