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Trans Woman Sues the NYPD Over "False Impersonation" Charge

The lawsuit claims the "bogus" charge violates the NYPD's trans-inclusive patrol guidelines.

One transgender New Yorker is taking the NYPD to court after officers mocked her and arrested her for "false impersonation."

Last April, 43-year-old Linda Dominguez, a trans woman living in the Bronx, was arrested by NYPD officers while she was walking home through a park after dark, reports the Associated Press. Dominguez claims the officers in question mocked her and slammed her with a "bogus" false impersonation charge—meaning she was knowingly misrepresenting her identity—even after she tried to explain she was trans.

According to the lawsuit, filed by the ACLU and the New York Civil Liberties Union (NYCLU) on behalf of Dominguez, the plaintiff spoke limited English and had trouble communicating with officers. She did, however, provide both her chosen name and the traditionally masculine name she was given at birth.

Dominguez was taken to a nearby station, where she told a Spanish-speaking officer that her legal name was now Linda, and she "had no intent to deceive the police or prevent them from learning her name or her identity." But officers at the station allegedly taunted her, held her in a cell overnight, and cuffed her with pink handcuffs.

Dominguez told Metro U.S. that she's heard similar stories of misconduct and discrimination from other transgender New Yorkers she knows, who've faced persecution for simply existing while trans.

"I've heard from a lot of other trans people who experience things like this or even worse," she said through a translator. "I know that we are more vulnerable, that Latinx people are more vulnerable and more affected by this kind of police behavior."

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Close-up of a New York Police car patrolling the town

The charges against Dominguez, which also included trespassing for being in the public park after hours, were dismissed in August, but Dominguez's legal team refuses to let the NYPD's conduct slide. The lawsuit states that the officers' conduct violated the NYPD's patrol guide, which instructs officers to refer to people by names and pronouns consistent with their gender identities.

That's not a new guideline, either: It's been in place since 2012.

"This highlights the way the NYPD continues to criminalize transgender people just for existing," Bobby Hodgson, Dominguez's NYCLU attorney, told AP on Wednesday. "It's one thing to change a rule on the books, but it's another thing to change the culture of an institution like the NYPD. Here they failed to do that."

A spokesperson for the NYPD told AP that they couldn't comment on the ongoing lawsuit; however, the police department is "committed to serving and meeting the needs of the LGBTQ community with sensitivity, equity, and effectiveness."

News of Dominguez's legal battle comes just days after the Trump administration got the go-ahead from the Supreme Court to enforce its now-infamous transgender military ban.

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