Deena Kaye Myers, or Scott Myers, is also seeking $25 million in damages under the Americans With Disabilities Act, the Richmond Times-Dispatch reports. The lawsuit, filed this month, also asks for a court order that her prison records be changed to show her gender as female.
Myers was born male in late 1981 with a severe congenital defect that often led to gender reassignment surgery. In February 1982, a birth certificate filed in Virginia said she was a girl.
In 2001, Myers was sent to prison for robbery and car theft.
In the lawsuit, Myers said she was told by prison officials she could not be sent to a women's prison because she had been sentenced as a man.