The court opinion said the doctor reclassified Pichardo as male without an exam. She was then transferred to the all-male jail Metro West Detention Center, where she was placed in a cell with about 40 men for 10 hours.
Pichardo’s family members went to Turner Guilford Knight Correctional Center, the only jail where inmates are booked and where Pichardo was processed as a woman. Staff realized their mistake when members of the family demanded to know where Pichardo was.
Pichardo is an attorney and local elected official in the Dominican Republic. The Herald reported she initially sued county and jail staff for negligence and "cruel and unusual punishment." The case was thrown out by a judge who said staff was protected from a trial for negligence.
Ryan Marks, Pichardo’s lawyer, told the Herald his client was pleased with the new decision.
“The opinion correctly held, as we believed, that the defendants could not be so struthious as to ignore the overwhelming evidence in front of them that Mrs. Pichardo was in fact female,” Marks said.