KESHA T. WILLIAMS, Plaintiff — Appellant, v. STACEY A. KINCAID, in her official capacity; XIN WANG, NP, in her individual and official capacities; DEPUTY GARCIA, in his individual and official capacities, Defendants — Appellees.AMERICAN CIVIL LIBERTIES UNION; BLACK AND PINK MASSACHUSETTS; GLBTQ LEGAL ADVOCATES & DEFENDERS; LAMBDA LEGAL; NATIONAL CENTER FOR LESBIAN RIGHTS; NATIONAL CENTER FOR TRANSGENDER EQUALITY; NATIONAL LGBTQ TASK FORCE; TRANS PEOPLE OF COLOR COALITION; TRANSCENDING BARRIERS (ATL); TRANSGENDER LEGAL DEFENSE & EDUCATION FUND; DISABILITY LAW CENTER OF VIRGINIA; DISABILITY RIGHTS VERMONT, Amici Supporting Appellant., 45 F.4th 759

Summary

HOLDINGS: [1]-Where plaintiff, a transgender woman with gender dysphoria, sued defendants, a correctional facility and several individuals, alleging an ADA violation from housing her in a men's facility, delaying medical treatment, and intentional mis-gendering and harassment, dismissal on the basis that gender dysphoria was not an ADA disability was not warranted because plaintiff plausibly alleged that plaintiff's gender dysphoria fell within the ADA's safe harbor for gender identity disorders that were due to physical impairments to survive a motion to dismiss for failure to state a claim; [2]-Contrary to the district court's ruling, the statute of limitations did not bar certain claims against two named defendants, particularly as they had waived appellate review as to this particular argument.