DOJ opens civil rights probe into Washington women’s prison over housing of transgender inmates

The U.S. Department of Justice (DOJ) has launched a federal civil rights investigation into Washington Corrections Center for Women (WCCW), examining whether the practice of housing biological male inmates at the facility violates the constitutional rights of female prisoners.

DOJ sent a letter to Washington Governor Bob Ferguson on Tuesday, notifying the governor that the department is investigating the WCCW in Gig Harbor under the Civil Rights of Institutionalized Persons Act, or CRIPA. The federal statute authorizes the DOJ to investigate whether the prison “engaged in a pattern or practice of depriving female prisoners of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.”

The investigation is based on information that WCCW “has failed to protect female prisoners from sexual and physical violence, harassment, voyeurism, and intimidation from male prisoners who identify as female,” according to the letter.

A Washington State Department of Corrections (DOC) spokesperson told KIRO Newsradio there are 20 transgender individuals — out of more than 740 total inmates — at the women’s prison. There are 347 transgender or non-binary individuals statewide.

DOJ emphasized it has not reached any conclusions about the allegations and will review the facility’s policies, practices, and relevant evidence as part of the inquiry.

“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,” Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division said. “The constitutional rights of women cannot be sacrificed at the altar of appeasing unsupported and dangerous ideologies.”

Washington corrections probe preceded by federal lawsuit

The probe follows a federal lawsuit filed in April by the America First Policy Institute on behalf of a female inmate, Faith Booher-Smith, who alleged she was violently attacked at WCCW on August 7, 2025, by a male inmate who identifies as female. That suit challenges a DOC housing policy as a violation of the Eighth Amendment’s prohibition on cruel and unusual punishment and the 14th Amendment’s guarantee of equal protection.

If violations are found, DOJ said it would seek to work with Washington officials to address them, potentially through negotiated reforms rather than litigation. DOC said it plans to cooperate with investigators.

“DOC was notified of the investigation this morning. We are reviewing the letter from the Department of Justice and plan to cooperate with federal investigators,” DOC said in a statement to KIRO Newsradio. “We are currently defending litigation on both sides of the policy, by the ACLU and the Foundation Against Intolerance and Racism. DOC remains committed to upholding the rights and providing a safe environment for all incarcerated individuals in our custody.”

KIRO Newsradio has reached out to Ferguson for comment.

Washington is now the third state to face a DOJ investigation on this issue. In March, the department notified California and Maine that it was launching similar probes into women’s prisons in those states over the housing of biological male inmates.

Read more of Aaron Granillo’s stories here.

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