U.S. District Judge George O'Toole in Boston issued a temporary restraining order on Sunday, according to the lawyers for the inmate, who is identified under the pseudonym Maria Moe in court filings.
The order states in part that U.S. officials “shall ensure that males are not detained in women’s prisons or housed in women’s detention centers.”
Moe was removed from the general population at a women’s prison and placed in a special unit because prison officials planned to transfer him to a men’s facility, according to the suit.
If Moe, who has been treated as a woman throughout the prison term, is transferred to a men’s prison, he would be in danger of harassment, abuse, violence, and sexual assault, the suit said.
Moe alleged constitutional violations, including violations of the U.S. Constitution’s Fifth and Eighth Amendments, which guarantee due process and protection against cruel and unusual punishment.
The temporary restraining order was issued while the inmate’s case was sealed, according to Moe’s lawyers, which include attorneys from GLBTQ Legal Advocates & Defenders.
The judge’s order requires prison officials to keep the inmate in the general population in a women’s facility and provide medical care, the lawyers said. Jennifer Levi, one of the lawyers, said that it was a relief that her client “is staying put for now.”
O'Toole heard arguments from the government and Moe’s lawyers during a hearing on Thursday but has not yet decided whether to issue a preliminary injunction, which would extend relief for Moe as the case proceeds, according to the court docket.
Three other male inmates who identify as women filed a similar lawsuit on Thursday in Washington, challenging Trump’s policy.
The U.S. Attorney’s Office in Boston declined to comment.
