Layleen Polanco
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Layleen Xtravaganza Cubilette-Polanco was a 27-year-old Afro-Latina
transgender woman A trans woman or a transgender woman is a woman who was assigned male at birth. Trans women have a female gender identity, may experience gender dysphoria, and may transition; this process commonly includes hormone replacement therapy and so ...
who died at Rikers Island, New York City's main jail complex, on June 7, 2019, in solitary confinement after staff failed to provide her with medical care that could have saved her life for 47 minutes following an
epileptic seizure An epileptic seizure, informally known as a seizure, is a period of symptoms due to abnormally excessive or synchronous neuronal activity in the brain. Outward effects vary from uncontrolled shaking movements involving much of the body with los ...
. After a six-month investigation, the
New York City Department of Investigation The New York City Department of Investigation (DOI) is a law enforcement agency of the government of New York City that has been referred to by some observers as New York City's "secret police" because its investigations are confidential and its i ...
(DOI) and Bronx District Attorney
Darcel Clark Darcel Denise Clark (born April 2, 1962) is an American attorney and prosecutor serving as the Bronx County District Attorney, serving since 2016. Clark is the first woman to hold that office, and the first woman of color to serve as a district at ...
claimed that staff members were not responsible for Polanco's death. Records indicate that officers had extensive knowledge of Polanco's epilepsy, having already suffered multiple seizures at Rikers. A video of the incident revealed that multiple staff members knocked on Polanco's cell door and that she was unresponsive. In the presence of her unresponsive body, officers could be seen laughing. The DOI stated that officers thought Polanco was napping and that the laughter was unrelated. A
wrongful death Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm, ...
lawsuit was filed by David Shanies, the attorney for the Polanco family. Polanco's death reignited conversations about banning
cash bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countrie ...
and
pretrial detention Remand, also known as pre-trial detention, preventive detention, or provisional detention, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held i ...
. Melania Brown, Polanco's sister, and many others called for banning solitary confinement in
New York City New York, often called New York City or NYC, is the most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the most densely populated major city in the Un ...
after Polanco's death.


Life

Polanco's family home was in
Yonkers, New York Yonkers () is a city in Westchester County, New York, United States. Developed along the Hudson River, it is the third most populous city in the state of New York, after New York City and Buffalo. The population of Yonkers was 211,569 as en ...
. Polanco was part of New York City's ballroom scene as a member of the House of Xtravaganza and was a friend of ''Pose'' (2018) star Indya Moore. Polanco had last been home in April. According to her sister, Melania Brown, although usually bubbly, Polanco "became very depressed. She tried to look for jobs. She tried to go to school. She tried just to get life together." Polanco faced difficulties receiving employment. Brown stated that "she was turned away from every door she tried to walk in."


Death

Polanco was arrested in April 2019 on misdemeanor assault charges and held on $500 bail from a 2017 drug and
sex work Sex work is "the exchange of sexual services, performances, or products for material compensation. It includes activities of direct physical contact between buyers and sellers as well as indirect sexual stimulation". Sex work only refers to volun ...
charge. Polanco was sent to the jail because she could not afford the bail. On May 14, Polanco was sentenced to 20 days in solitary confinement for a physical altercation with another individual in custody at the Transgender Housing Unit dormitory. On May 15, she exhibited intense feelings of
psychological distress Mental distress or psychological distress encompasses the symptoms and experiences of a person's internal life that are commonly held to be troubling, confusing or out of the ordinary. Mental distress can potentially lead to a change of behavior, a ...
, including suicidal ideation,
hallucination A hallucination is a perception in the absence of an external stimulus that has the qualities of a real perception. Hallucinations are vivid, substantial, and are perceived to be located in external objective space. Hallucination is a combinati ...
s, and
panic attack Panic attacks are sudden periods of intense fear and discomfort that may include palpitations, sweating, chest pain or chest discomfort, shortness of breath, trembling, dizziness, numbness, confusion, or a feeling of impending doom or of losing ...
s. In the notes section of a report, an "officer wrote 'inmate randomly crying, shouting. While in a distressed state, Polanco reportedly assaulted an officer on the arm "with her fist out." She was sent for a nine-day stay in Elmhurst Hospital for "psychosis/mania", eight of which were spent in a psychiatric prison ward. On May 24, Polanco returned to Rikers. Correction staff debated where to place her. The department's tour commander wrote that a psychiatrist could not authorize solitary confinement for Polanco because of her seizure disorder. However, Polanco was placed in solitary confinement on May 30 after clearance from a Correctional Health Services medical doctor. The Board of Correction found that the jail's housing policy to not place trans women with cisgender women created "increased pressure" to isolate Polanco. However, officials did consider placing Polanco in a men's facility. Although officers knew of her epilepsy and Polanco had already suffered multiple seizures at the facility, she was ultimately "cleared" for solitary confinement, where she spent 17 hours a day in a cell. The doctor wrote that, despite her medical history, "her condition has been stable." On the day of Polanco's death she was left alone for periods of 57 minutes, 47 minutes and 41 minutes, even though "DOC policy stipulates that inmates placed in solitary confinement should be observed every 15 minutes." As a result, Shanies described the conditions which led to Polanco's death as follows:
When an epileptic person has a seizure, they are at great risk of injury or death and unable to help themselves. They can fall, suffer trauma, or stop breathing, among other things. That is exactly how Layleen died. By leaving her locked in a cell, unmonitored, the jail created the risk of Layleen's suffering a fatal seizure. This is not a case of a mistake or a medical problem that slipped through the cracks. This was a thought-out decision to put a person in a situation where the risks of injury and death were obvious and known.
The seizure was Polanco's third while in custody. The DOI published Polanco's
deadname Deadnaming is the act of referring to a transgender or non-binary person by a name they used prior to transitioning, such as their birth name. Deadnaming may be unintentional, or a deliberate attempt to deny, mock or invalidate a person's gend ...
in an official report following her death and later apologized for doing so.


Aftermath

The first report of Polanco's death was a four-sentence report by the ''
New York Post The ''New York Post'' (''NY Post'') is a conservative daily tabloid newspaper published in New York City. The ''Post'' also operates NYPost.com, the celebrity gossip site PageSix.com, and the entertainment site Decider.com. It was established ...
'' that did not mention Polanco's name. In response, the New York City Anti-Violence Project organized a rally for Polanco on June 10, in which 600 people attended, including
Janet Mock Janet Mock (born March 10, 1983) is an American writer, television host, director, producer and transgender rights activist. Her debut book, the memoir '' Redefining Realness'', became a ''New York Times'' bestseller. She is a contributing edit ...
and Indya Moore. On June 26, the New York AVP issued a letter of demands to Governor Andrew M. Cuomo and Mayor Bill de Blasio, which included "the expedition of the results of Layleen's autopsy; the disbandment of solitary confinement and restrictive housing units in New York state; the decriminalization of sex work in the state; and housing, health care, and employment programs for TGNCNB people across New York." Melania Brown and about twenty of Polanco's friends and family members marched with the New York City Anti-Violence Project at
New York Pride The NYC Pride March is an annual event celebrating the LGBT culture in New York City, LGBTQ community in New York City#Sexual orientation and gender identity, New York City. Among the List of largest LGBT events, largest Pride events in the ...
in July 2019. On June 14, 2020, during the coronavirus outbreak, about 15,000 protesters marched down Brooklyn's
Eastern Parkway Eastern Parkway is a major road that runs through a portion of the New York City borough of Brooklyn. Designed by Frederick Law Olmsted and Calvert Vaux, it was the world's first parkway, having been built between 1870 and 1874. At the time o ...
in solidarity with black trans lives, organized by The Okra Project, which provides meals to black trans people, and the Marsha P. Johnson Institute. Brown was in attendance and stated, "My sister is not here to fight for herself, but I'm here. We're here, and they've got to make room for us. And if they don't, we're taking it." Video footage of Polanco's death released in June provoked public outrage. The footage, featuring officers laughing in the presence of Polanco's unresponsive body, was disturbing and deeply troubling to the Polanco family. Family attorney David Shanies described it as "the last bit of indifference that we saw toward a person who obviously needed help."


See also

* Kawaski Trawick


References

{{DEFAULTSORT:Polanco, Layleen Violence against trans women African-American LGBT people Neurological disease deaths in New York (state) LGBT Hispanic and Latino American people Deaths by person in New York City African–Hispanic and Latino American relations Deaths from epilepsy People with epilepsy American transgender women Rikers Island Violence against LGBT people in the United States 21st-century American LGBT people Women in New York City History of women in New York City