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DOJ investigates Washington State over allegations of the deprivation of female prisoners’ under the Eighth Amendments' protection from cruel and unusual punishment

Press Release
Justice Department Notifies Washington of Investigation into Whether Housing Biological Men in Women’s Prison Violates Constitution
Tuesday, May 19, 2026
For Immediate Release
Office of Public Affairs

Today, the Justice Department notified Washington Governor Bob Ferguson of the initiation of a federal investigation into Washington’s practice of housing men in its women’s prison. The Justice Department will investigate whether Washington engages in a pattern or practice of violating the constitutional rights of female prisoners incarcerated at the Washington Corrections Center for Women (WCCW) in Gig Harbor, Washington.

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

“Washington State must protect women inmates from the inherent dangers of incarcerating them with biological men” said Interim U.S. Attorney Neil Floyd for the Western District of Washington. “Our Constitution protects the civil rights of every American, including woman who are in prison and forced by the State of Washington to live with male inmates.”

The Justice Department will investigate allegations of deprivation of female prisoners’ Eighth Amendment protections from cruel and unusual punishment, including Washington’s response to allegations of sexual assaults, rape, voyeurism, and sexual intimidation based on WCCW’s housing of male prisoners in the exclusively female facility.