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A transgender man alleges that staff at the Maricopa County Sheriff's Office discriminated against his gender identity after he was arrested by refusing to address him by his correct pronouns and ignoring requests to be separated from female inmates.
Riley Behrens, who identifies as a man, was arrested July 28 in Tempe while waiting for his friends to be released from the Tempe Police Department.
Behrens and a group of people were sitting outside near the Police Department. Some were tossing rocks near the building so officers told them to stop, Behrens said. He tossed more rocks as he was walking away toward two officers so they arrested him on charges of aggravated assault to a police officer.
© Patrick Breen/The Republic Riley Behrens speaks during a press conference against MCSO's LGBT inmate discrimination in Phoenix on Aug. 7, 2020.While Behrens was in the custody of Tempe police, he said the staff treated him with respect by using his correct pronouns and calling him by his preferred name, which he legally changed five hours after being released from jail the next day at the Superior Court.
Tempe correctional officers also kept him in a separate holding cell from the other inmates. However, they did transfer him to the Fourth Avenue Jail with a woman, Behrens said.
Once he was under the custody of Maricopa County Sheriff's Office, he said the staff refused several of his requests to be separated from the female inmates as they moved him through the booking process.
He was first placed in a holding cell with a few other females until a nurse evaluated him. After his photos and fingerprints were taken, he was then placed into another cell. He said he told every person that he came into contact with that he wanted to be separated from the female inmates because he identifies as a transgender man.
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His requests were met with 'OKs' from the staff, but nothing was done. Behrens said it seemed like the staff didn't know what to do in the situation, so they ignored him.
'I would have rather been kept in isolation than with anybody else,' Behrens said. 'It was the most shameful, frustrating, hurtful and humiliating experience I've had since coming out.'
The Maricopa County Sheriff's Office told The Arizona Republic that a complaint had been filed, and they were looking into it.
MCSO implemented a zero-tolerance policy known as GJ-37, last October designed to prevent employees from discriminating or harassing people who are transgender, intersex or gender non-conforming.
The policy states that all employees will treat these individuals with 'respect and dignity' during the booking process and while in custody.
The policy requires jail staff to 'hold the individual in the safest manner possible' until the individual has been booked. This includes placing them in separate holding tank away from others until the individual has been processed and screened by a classification specialist.
But Behrens said the corrections officers didn't follow the policy when he was being held because he was immediately put in to a holding cell with other women. No one asked him how he identified, Behrens claimed.
'Train your officers to the follow the policy, then write a new policy,' Behrens said.
Behrens held a news conference in front of the Maricopa County Sheriff's Office in downtown Phoenix on Friday where he made a statement about his experience while in custody July 28 and July 29.
'Arizona law enforcement has a long-standing history of transphobic incidents like this, and it is time for there to be accountability,' Behrens said in his statement. 'The existing policy does not protect the LGBT community ... nor is their non-discrimination policy adequately enforced.'
Behrens said he wants to protect people from negative experiences like his own by diverting funding from law enforcement towards health care, education and social services.
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Additionally, he said a new policy should allow transgender and intersex people to be separated with the gender the person identifies with as soon as MCSO is informed or as soon as they self-identify.
'Trans people are people,' Behrens said to The Republic.
His lawyer is looking into filing a lawsuit against MCSO.
Contact the reporter at helena.wegner@arizonarepublic.com or on Twitter @WegnerHelena.
This article originally appeared on Arizona Republic: Transgender man alleges gender identity discrimination from Maricopa County jail staff