DOJ investigates WA women’s prison over transgender inmate policy

The U.S. Justice Department notified Washington Gov. Bob Ferguson on Tuesday that it has launched a federal investigation into whether housing biological men in the state's women's prison violates the constitutional rights of female inmates.

Federal Investigation Launched

What we know:

The Justice Department is officially investigating Washington state’s practice of housing transgender women inside its exclusively female correctional facility. The federal probe focuses on the Washington Corrections Center (WCCW) for Women, which is located in Gig Harbor.

According to federal officials, the investigation will look into allegations that the state is depriving female prisoners of their Eighth Amendment protections against cruel and unusual punishment. The probe is specifically targeting Washington's handling of reported sexual assaults, rape, voyeurism, and sexual intimidation tied to housing male prisoners in the women's facility.

What they're saying:

"Under my leadership, the Civil Rights Division will not allow women incarcerated in jails or prisons to be subject to unconstitutional risks of harm from male inmates," said Assistant Attorney General Harmeet K. Dhillon of the Justice Department's Civil Rights Division. "The constitutional rights of women cannot be sacrificed at the altar of appeasing unsupported and dangerous ideologies."

Interim U.S. Attorney Neil Floyd for the Western District of Washington added that the state must protect female inmates from the inherent dangers of being incarcerated with biological men. At this stage, federal officials emphasize that the Justice Department has not reached any final conclusions regarding the allegations.

The investigation is being conducted under the Civil Rights of Institutionalized Persons Act, which allows the federal government to look into systemic violations of prisoners' constitutional rights.

By the numbers:

According to the Department of Corrections, there are 738 incarcerated individuals at the facility. The Seattle Times reported 20 are transgender.

KOUW reported about 347 incarcerated people identify as transgender or nonbinary in prisons statewide. 

What you can do:

Federal authorities are actively seeking information regarding this case. Anyone with relevant information is encouraged to submit a report online at www.civilrights.justice.gov/report/.

Additionally, the government has launched a broader National Initiative Examining the Housing of Biological Men in Women’s Prisons. If you have information regarding men housed in women's correctional facilities anywhere in the United States, you can contact the initiative by calling (202) 616-5939 or emailing SingleSexPrison.Initiative@usdoj.gov.'

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