TDoR 2013 / 2013 / February / 12 / Kayla Moore

Kayla Moore

Age 41

12 Feb 2013
Berkeley, California (USA)
Died in custody

Kayla Moore
Kayla Moore [photo:]

Kayla died in the custody of Berkely police after a mental health call.

The police said in a report released after her death that she was combative with officers who went to her home that night, and officers needed to restrain her. Once she stopped breathing, officers removed the restraints, performed CPR and took her to a hospital, but she died there a short time later.

More than five years after a paranoid schizophrenic transgender woman died in police custody, a federal judge has tossed out the lawsuit her family filed for wrongful death.

The family of Kayla Moore alleged in the lawsuit filed in 2014 against the city of Berkeley that six officers used excessive force and suffocated Moore by holding her down on a futon during a struggle after they were called to an Allston Way apartment on Feb. 12, 2013, for a mental health check. The city however, contended that minimal and appropriate force was used and sought a dismissal of the lawsuit in federal court, which was granted last week.

In his ruling, U.S. District Judge Charles Breyer agreed with the city, and ruled that Moore’s father, Arthur Moore, did not provide enough evidence to show that his daughter was discriminated against related to the Americans with Disabilities Act (ADA). The judge had previously dismissed the excessive force and discrimination claims alleged by Moore’s family back in 2016.

In his ruling, the judge states he initially thought there would be issues related to the ADA claims that could be tried: that officers mistakenly arrested Kayla Moore because they took the effects of her disability as a crime, and did not reasonably accommodate her disability during the arrest, the judge wrote.

The family had alleged in their lawsuit that officers did not administer CPR because she was transgender, and that officers made discriminatory comments about her, calling her “it.”

But the judge ruled Arthur Moore did not put forward sufficient evidence to support those claims. He said that no reasonable juror could find that Arthur Moore had met his burden of proving the city failed to accommodate Kayla Moore, or that it was a discriminatory arrest.

Kayla's death was not recorded on the official TDoR 2013 list.

Report added: 20 Jan 2019. Last updated: 2 Feb 2019

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This site contains reports of violence against transgender people, and links to detailed reports which contain graphic imagery.

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