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A man's lawsuit against the Jersey City Police Department has been reinstated by an appeals court.

(Journal file photo)

A lawsuit by a transgender man who said he was threatened and harassed by Jersey City police after being arrested has been revived by an appellate court.

Shakeem Malik Holmes sued the police department in 2014 over an Aug. 12, 2012 incident in which he was subjected to "demeaning, insulting and threatening comments," because he is a transgender man; and he was placed in a holding cell for women instead of a separate cell.

The lawsuit was dismissed in 2015, but an appellate court Thursday reinstated it, saying the trial judge erred in a ruling that stated rude and insensitive comments did "not rise to the level of severe or (pervasive) LAD (laws against discrimination) violations."

The appellate court panel said in its ruling that the trial judge was wrong to apply the same higher proof standard that is used in LAD cases that involve religious harassment.

The appellate court also noted that "as we have recognized, 'the prohibition of discrimination in relation to public accommodation is functionally distinct from the ban on employment discrimination.' "

Jersey City declined to comment on the case, citing a policy of not commenting on ongoing litigation.

Holmes had been arrested on a shoplifting charge, which was later dismissed, New Jersey Law Journal reported.

In the lawsuit, Holmes said that over the course of two hours, police officers stared at Holmes and made derogatory comments.

One sergeant said "Next time you come in here and you want to be treated like a man, I'll put my fist down your throat like a f------ man," the lawsuit said. Several police officer referred to Holmes as "it," called his situation "bulls---," and remarked "so that's a f------ girl?"

Holmes was initially placed in a men's holding cell, but he was moved to the women's cell -- over his objections -- when police found that he was born a woman.

The appellate ruling was also critical of the police involved in the incident, saying that Holmes, as someone arrested and detained "was in a uniquely vulnerable position," and that the hostile comments were made by police officers, "who wield tremendous power over arrestees."

The ruling went to say that the police officers' conduct could have incited others being held there "to attack the harassment victim, thus undermining the orderly operation of the police lock-up as well as the safety of the transgender prisoner."

Holmes is seeking compensatory damages, punitive damages, interest, costs and attorney fees.

"I'm hoping that other folks facing the same unfortunate thing Shakeem faced are going to be able to get representation and get some help," Deborah Mains, of Costello & Mains in Mount Laurel, who represents Holmes, told the New Jersey Law Journal. "It's a good decision from the Appellate Division."