WILLIAMSPORT – A federal judge is allowing a former state prison guard to remain anonymous in legal proceedings against the Pennsylvania Department of Corrections and a number of individuals.

U.S. Middle District Judge Matthew W. Brann on Friday ruled the individual, a transgender male, may proceed as John Doe in the suit that alleges he was constructively discharged and subjected to a hostile environment based on his gender identity.

The judge found the right to privacy outweighs the public’s interest in knowing the identity of Doe who contends his gender status is a closely guarded secret.

“As litigation around transgender issues has increased, so to have more courts permitted transgender plaintiffs to proceed anonymously,” Brann wrote.

The suit describes Doe as “Latinx and a person of color” with an associate’s degree in criminal justice who identifies himself as male.

He worked at the Coal Twp. prison in Northumberland County from October 2013 until he resigned Dec. 1, 2017.

Doe calls his resignation a constructive discharge because of the alleged hostile work environment. In the suit he included examples, among them:

Attempted efforts to institute a practice requiring him to sign off daily on a gate clearance form with respect to a prosthetic penis he wears to present himself authentically as a man.

Repeated efforts by supervisory personnel to check if he was wearing the prosthetic penis that left him humiliated.

Required to use the female locker room and restroom instead of male facilities.

Told that the male guards were concerned he would file a harassment complaint over locker-room talk if he was permitted to use their facilities.

Subjected to misgendered pronouns by staff and inmates.

Offered the use of a single bathroom that could not be locked in the waiting area for prison visitors.

Doe said he was told “you’re not a man,” was ostracized and received unequal treatment. No action was taken on his complaints, the suit states.

He said Coal Twp. Superintendent Thomas McGinley, in a letter related to his resignation, used Ms. instead of a male pronoun.

The complaint accuses the Department of Corrections of not having a clear, unambiguous equal access policy.

Doe is seeking adoption of such a policy and in excess of $150,000 in compensatory and punitive damages to cover his pay and other items.

Defendants besides the Department of Corrections and McGinley and their positions in 2017 are Deputy Superintendent Edward Baumbach, Major Victor Mirarchi, lieutenants Peters and Procopio, Sgt. Fatiuk and a Jane Roe.

Roe is described as the department employee who made the decision to require employees who are transgender to use the pronouns and facilities that are inconsistent with their gender identity.

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