A male inmate who identified as female and was transferred to a men's prison for having sex with a female inmate filed a lawsuit claiming the transfer was “unconstitutional and cruel.”
The American Civil Liberties Union (ACLU) in Washington, representing Brian Kim (also known as Amber Fayfox Kim), submitted The lawsuit was filed on December 17th.
The complaint alleges that the Washington Department of Corrections (DOC) “forced Ms. Kim to live in a single-sex prison that does not match her gender identity, putting her at imminent risk of violence.”
According to the petition, Kim spent more than three years in a women's prison following “an isolated non-violent violation issued after Kim was arrested for having consensual sex with her roommate.” He was reportedly transferred to a men's prison in June 2024. Submitted.
“For the first time in Washington history, the Washington State Department of Corrections (DOC) transferred a transgender woman from a women's prison to a men's prison,” the complaint states. “For more than three years, Amber Kim, a transgender woman, served her sentence at the Washington Correctional Center for Women (“WCCW”). ”
The lawsuit continues as follows:
However, in June 2024, Kim was arrested for having consensual sex with his roommate, and the DOC transferred him to a men's prison for one nonviolent violation. Although Mr. Kim's roommate suffered a minor loss of security status and associated loss of privileges during his two months at WCCW, DOC transferred Mr. Kim to a men's prison for the very same underlying conduct. .
DOC forces Kim to live in a single-sex prison that does not match her gender identity, putting her at immediate risk of violence. DOC's placement decision had devastating consequences for Kim. While previously serving time in a men's prison, Kim endured physical violence, stalking, harassment, and attempted sexual assault because of his gender identity and expression. At WCCW, Kim was freed from this constant barrage of violence and harassment. She attended college, worked as a tutor, and worked on positive programming. Currently, Kim is choosing to live in solitary confinement rather than endure the physical and psychological harm that would be a daily reality if she were incarcerated among the general male population. And while solitary confinement keeps her physically safe, she experiences significant psychological damage from isolation.
“The decision to transfer Mr. Kim to a men's prison is cruel and violates the Washington Constitution,” said ACLU-WA staff attorney Adrian Leavitt. said In a statement. “Transphobia on the part of DOC undermines the safety of state prisons and serves no legitimate purpose.”
Breitbart News previously reported that a Washington DOC official said: national review “Although consensual sex acts between prisoners 'technically' do not exist, the state is 'relaxing sanctions against the offenders involved.'”
In January 2022, under the Biden administration, the Bureau of Prisons revised its annual report on the treatment of transgender offenders to improve access to gender-affirming care and facilities consistent with inmates' gender identity. ,” the report states. press release From the White House in March 2022.
