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Transgender Woman Sues Washington Department of Corrections Over Prison Transfer

Amber Kim, a transgender woman serving a life sentence, has initiated legal action against the Washington Department of Corrections (DOC) following her transfer from a women's prison to a men's facility at Monroe Correctional Complex.

Amber Kim, a transgender woman serving a life sentence, has initiated legal action against the Washington Department of Corrections (DOC) following her transfer from a women’s prison to a men’s facility at Monroe Correctional Complex. The lawsuit, filed by the American Civil Liberties Union of Washington (ACLU-WA), claims that Kim’s relocation violates the state’s constitution by subjecting her to “cruel punishment.”

Kim was moved from the Washington Corrections Center for Women (WCCW) in June after she was found to have engaged in consensual sexual activity with another inmate, an action that contravenes prison rules. However, her legal team emphasizes that Kim was one of 33 inmates at WCCW who committed the same infraction over three years, yet she was the only one transferred to a men’s prison as a consequence.

The ACLU-WA argues that this punitive measure is disproportionately harsh and constitutes a violation of Article I, Section 14 of the Washington State Constitution, which bans cruel punishment. They are seeking her return to WCCW, where she had been living for nearly four years, receiving gender-affirming care and reportedly engaging positively with the community.

The case has sparked discussions on the treatment of transgender inmates, the application of prison rules, and the broader implications for transgender rights within the penal system. Critics of the transfer argue it exposes Kim to an increased risk of violence, harassment, and sexual assault, which are documented to be significantly higher for transgender individuals in male facilities.

The DOC has not commented on the specifics of the ongoing litigation but has previously stated that housing decisions are made on a case-by-case basis, considering safety and security concerns.

This lawsuit could have broader implications for how transgender inmates are housed and treated within Washington’s correctional facilities, potentially setting a precedent for similar cases in the future.

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