Transgender Woman in Federal Prison Sues DOJ Over Prison Rape Protections
A transgender woman in federal prison has sued the U.S. Department of Justice, arguing the agency unlawfully suspended federal sexual-abuse protections for transgender incarcerated people.
Paulina Poe filed the lawsuit May 6 in the U.S. District Court for the District of Columbia. The case, Poe v. U.S. Department of Justice, names DOJ, Tammie M. Gregg, and Todd Blanche as defendants and is listed as an Administrative Procedure Act challenge.
The complaint challenges a December 2025 DOJ memorandum that allegedly told Prison Rape Elimination Act auditors that correctional facilities would no longer be held to PREA regulations referencing transgender, intersex, or gender-nonconforming prisoners.
That matters because PREA regulations do more than set general prison-safety goals. Existing rules require facilities to make case-by-case housing and programming decisions for transgender and intersex inmates, reassess placements at least twice a year, give serious consideration to the inmate’s own safety concerns, and provide separate shower access.
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Poe’s lawsuit argues DOJ cannot effectively suspend those binding regulations by memo while leaving the formal rule text in place. The complaint asks the court to set aside the memorandum as procedurally invalid under the Administrative Procedure Act.
The lawsuit follows President Donald Trump’s Executive Order 14168, which directed federal agencies to revise policies around sex and gender identity, including policies affecting prisons and detention.
The case is part of a widening legal fight over transgender prisoners. A federal judge in Oregon recently ordered state prison officials to reassess housing for transgender women after finding likely constitutional violations in the state’s placement practices.
The next key step is DOJ’s response in court.
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