Legal Insurrection previously reported on a preliminary injunction that required the federal Bureau of Prisons to protect two named female plaintiffs from having to interact in private spaces with the male inmates housed at FMC Carswell. Those inmates include at least four sex offenders, a murderer, and a violent armed bank robber whose goal was to overthrow the United States government on behalf of the “Aryan Republican Army.”
Today that same district court issued a Stipulated Order of Permanent Injunction and Final Judgment, which requires that as long as Plaintiffs Rhonda Fleming and Miriam Crystal Herrera are housed at FMC Carswell the federal government is “permanently enjoined from permitting any male inmate to enter or remain in any privacy area (including showers, restrooms, changing areas, and dormitory spaces) to which either Plaintiff has access, such that Plaintiffs are not exposed to male inmates while showering, toileting, dressing or sleeping.”
As was requested in the Complaint, the Judge describes that to comply with the order, the federal government “may, in their discretion (a) reassign male inmates away from Plaintiffs’ housing and privacy areas; or (b) house such inmates in a secure, segregated area at FMC Carswell (including the Hospital Unit or a comparable setting) that preserves access to programming and services while preventing access to female-only privacy areas.”
Significantly, the DOJ stipulated to the Order. As the agreed-to findings of fact and conclusions of law have not yet been resolved between the parties, the court is expected to issue a future Findings and Conclusions filing.
On the first day of his second term, President Trump issued an Executive Order (EO) on Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which requires federal agencies to “ensure that males are not detained in women’s prisons or housed in women’s detention centers.” Broad implementation of the EO in federal facilities has been slowed due to challenges by trans-identifying male inmates and rulings by the DC district court. DOJ challenges remain on appeal.
Although limited in its application, today’s Order moves the federal Bureau of Prisons a step closer to being able to fulfill the administration’s promise to protect single-sex spaces, including for incarcerated women.
Amanda Stulman is a Senior Researcher and Attorney at the Legal Insurrection Foundation
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