A male inmate who claims to be transgender filed a lawsuit Sunday against President Donald Trump, alleging that his constitutional rights have been violated after he was removed from a women’s prison in the wake of an executive order.
The inmate, Maria Moe, who was housed at a female prison, alleges the order violates the Constitution and federal law because it “directly targets transgender Americans by attempting to deny them legal recognition under federal law and to strip them of long-established legal protections” and will deny transgender inmates “medically necessary healthcare,” according to the lawsuit. Trump signed the order, titled Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, within hours of taking the oath of office.
The lawsuit coincides with growing concerns surrounding female safety in America’s prisons, as several instances of transgender inmates attacking women in prisons have already been reported, oftentimes being perpetrated by men with a known history assault before they’re incarcerated.
Moe was removed from shared spaces with the female inmates the following day and placed in a special housing unit while awaiting transfer to a male prison, the lawsuit states.
“If Maria Moe is transferred to a men’s facility, she will not be safe,” the lawsuit reads. “She will be at an extremely high risk of harassment, abuse, violence, and sexual assault. She may be subject to strip searches by male correctional officers. She may be forced to shower in full view of men who are incarcerated. And she will predictably experience worsening gender dysphoria, which can lead to serious harm, including dramatically increased rates of suicidality and depression.”
Moe claims Trump’s order violates the Fifth Amendment for constituting “unwarranted discrimination by the federal government” and discriminating on the basis of sex, as well as the Eighth Amendment for creating a “substantial risk of serious harm” if Moe is transferred to a men’s prison, the lawsuit says. Moe also claims the move would qualify as a “cruel and unusual punishment.”
Transferring Moe to a male prison also counts as a “failure to accommodate a disability” in violation of the Rehabilitation Act of 1973, the lawsuit says. It also calls into question Trump’s authority to establish the order.
The lawsuit is filed using a pseudonym, leaving details such as the inmate’s reason for landing in prison undisclosed.
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