Judge Halts Transfer of Individual Identifying as Woman to Men’s Prison

According to the inmate’s lawyers, U.S. District Judge George O’Toole in Boston granted a temporary restraining order on Sunday. The inmate is referred to in court documents by the alias Maria Moe.

This order emphasizes that U.S. officials “shall ensure that males are not detained in women’s prisons or housed in women’s detention centers.”

Moe was moved from the general population in a women’s prison to a specialized unit due to officials’ intent to transfer him to a men’s facility, as stated in the lawsuit.

The lawsuit claims that if Moe, who has been recognized as a woman throughout incarceration, is sent to a men’s prison, he could face threats of harassment, abuse, violence, and sexual assault.

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Moe claims constitutional violations, including those pertaining to the U.S. Constitution’s Fifth and Eighth Amendments, which assure due process and protections against cruel and unusual punishment.

The temporary restraining order was issued while Moe’s case was sealed, according to the inmate’s attorneys, which include representatives from GLBTQ Legal Advocates & Defenders.

The ruling mandates that prison officials maintain the inmate within the general population of a women’s facility and provide necessary medical care, as stated by the attorneys. Jennifer Levi, one of the legal representatives, expressed relief that her client “is staying put for now.”

During a hearing on Thursday, Judge O’Toole heard arguments from both the government and Moe’s attorneys but has yet to make a decision on whether to issue a preliminary injunction, which would continue to safeguard Moe as the case moves forward, according to court records.

Additionally, three other male inmates who identify as women initiated a similar lawsuit on Thursday in Washington, contesting Trump’s policy.

The U.S. Attorney’s Office in Boston declined to provide a comment.

Reuters contributed to this report.