Ashley Diamond vs. Georgia: Why She’s Suing the Prison System (Again)

Ashley Diamond, a Black transgender woman, is challenging the Georgia Department of Corrections a second time over anti-transgender policies she faced while incarcerated.

Ashley Diamond, a Black trans woman and activist, is heading back to court to take on the Georgia Department of Corrections (GDC). If that sounds familiar, it’s because this is her second time fighting them—and the stakes are just as high.

The Backstory

Diamond first sued the GDC back in 2015. She spent three years in men’s prisons where she was denied hormone therapy and faced repeated sexual assault. She actually won that round; she got a settlement in 2016, and her case forced Georgia to change its policies on how they treat trans inmates. Even the U.S. Department of Justice weighed in, saying that denying gender-affirming care is unconstitutional.

While incarcerated through the Georgia Department of Corrections, Ashley Diamond says she was denied medical treatment, forced into solitary confinement, and was sexually assaulted on numerous occasions, according to the Advocate. Alongside the Southern Law Poverty Center, she sued the Georgia DOC in 2015 on the basis she was being denied medical care and endured sexual violence by incarcerated people in the men’s prison. The case demanded safe placement and medical care, including hormone therapy. Her lawsuit, filed by the Southern Law Poverty Center in 2015, cited the prison violated the Prison Rape Elimination Act, which allows transgender people behind bars to be housed safely without fear of their safety, as well as the Eighth Amendment, which protects people against cruel and unusual punishment. As a result of Diamond’s victory in the case, the United States Department of Corrections issued a statement in support of SPLC, agreeing that gender dysphoria is a medical condition requiring treatment. Additionally, the GDOC rescinded its freeze frame policy, which prevented many trans people from receiving hormonal therapy. Prison officials denied 36-year-old Ashley Diamond the female hormones that she had been receiving for 17 years. The lawsuit describes how denying this medically necessary care resulted in grave physical and mental harm to Diamond, including mental anguish and bodily harm, in violation of the Eighth Amendment’s ban on cruel and unusual punishment. Diamond endured repeated sexual assaults by prisoners, but prison officials ignored pleas to ensure her safety, according to the lawsuit. Despite her nonviolent offense, Diamond has been housed in a series of prisons for male felons considered to be the most violent and dangerous in state custody. Transgender inmates can be housed safely and without fear of sexual assault when prisons follow the law, including the Prison Rape Elimination Act of 2000.

Why She’s Back in Court

Despite that legal victory, Diamond’s struggle didn’t end. Life on the outside was brutal—she faced harassment, vandalism, and constant job rejections. In 2019, she was sent back to prison. She hadn’t committed a new crime; she was hit with a “technical violation” of her parole because she traveled out of state to get mental health treatment. (Technical violations—like missing a meeting or crossing state lines—account for about 25% of all prison admissions.)

The System Failed Again

According to her new lawsuit, the GDC completely ignored the policies Diamond fought so hard to put in place. During her second term: She was put back in a men’s prison. She was denied medical care again. She was sexually assaulted 16 times in just 18 months.

The Bigger Picture

Activists say Diamond’s story illustrates a nightmare cycle that many trans people face: discrimination keeps them poor, poverty gets them criminalized, and prison subjects them to abuse. The timing of this trial is crucial. While states like California are passing laws to house inmates based on their gender identity, other states are cracking down on trans rights. Activists warn that anti-trans political rhetoric trickles down into prisons, making guards and other inmates even more hostile.

As Nell Gaither from the Trans Pride Initiative put it:

People think that the battles are won once a policy is changed… but until you actually make it happen, it doesn’t mean a thing.

Related Articles

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Black Trans Woman Who Sued For Hormone Therapy in Prison Faces Abuse After Reincarceration

Back in Prison, Transgender Woman Faces an Old Horror, Sexual Assault

About Michael Eric Williams

Community Advocate & Former Executive • Advancing Equitable Care for Justice-Involved Populations. Nashville Tennessee

Michael Eric Williams is an advocate based in Nashville, Tennessee. He specializes in trauma-informed care, law enforcement communications, and institutional reform. His work blends clinical expertise with strategic storytelling to advance public understanding of addiction, justice, and LGBTQ+ experiences in prison. He enjoys community outreach and spending time with his husband and their dog, Ms Alice.