The Department of Justice is escalating its challenge to Washington state’s policy of housing biological males in women’s prisons, with Assistant Attorney General Harmeet Dhillon calling the practice an “open and shut” violation of female inmates’ civil rights.
Appearing on The Ari Hoffman Show on Talk Radio 570 KVI, Dhillon discussed the DOJ’s newly announced investigation into the Washington Corrections Center for Women (WCCW) and suggested the probe could expand beyond the Gig Harbor facility if evidence shows similar practices elsewhere in the state.
“We’re seeing it all over the United States,” Dhillon said. “At the federal level we’re putting a stop to this.”
The DOJ recently notified Governor Bob Ferguson that it is investigating whether Washington has engaged in a pattern or practice of violating female inmates’ constitutional rights by housing male prisoners who identify as women inside the state’s only women’s prison.
The investigation follows years of controversy and multiple lawsuits involving trans-identifying male inmates housed at WCCW, including Christopher Scott Williams, a 6-foot-4 biological male convicted of child molestation and violent assault. Former inmate Mozzy Clark-Sanchez alleged in a lawsuit that Williams repeatedly sexually assaulted and harassed her after prison officials assigned the two to share a cell. Another female inmate, Faith Booher-Smith, later accused Williams of violently attacking her inside the facility.
Dhillon said the DOJ believes the issue falls squarely within its authority under the Civil Rights of Institutionalized Persons Act (CRIPA). “It’s a systematic violation of women’s civil rights to be free while incarcerated from sexual and physical violence, harassment, voyeurism, and intimidation to be housed with male prisoners. Open and shut. So that’s our position and we’re aggressively pursuing that.”
During the interview, Hoffman noted that critics who frequently invoke the Eighth Amendment’s prohibition on cruel and unusual punishment rarely apply the same standard to women forced to share cells with violent male offenders convicted of rape, murder, child molestation, and domestic violence.
Dhillon agreed. “Nobody should be raped or subjected to sexual or physical violence in a prison as a condition of their punishment,” she said. “That’s not part of the deal. And it’s frankly uncivilized that it occurs in prisons throughout the United States.”
According to Dhillon, investigators will begin by examining WCCW’s policies, records, and practices. If allegations reported publicly are substantiated, the DOJ will seek reforms through negotiations with the state.
“If our news reports are substantiated, we will enter into settlement discussions with the state to put an end to these barbaric practices,” Dhillon said. “And if they don’t agree, then we’ll have to pursue litigation options.”
The DOJ has already launched similar investigations in California and Maine and is conducting a broader review of Colorado’s prison system.
Dhillon also raised concerns about inmates who begin identifying as transgender only after being convicted and incarcerated. “Quite a few of these male-to-female transition prisoners only start identifying as trans after they’re convicted of a crime. It seems opportunistic.”
Still, she emphasized that regardless of an inmate’s claimed gender identity, the constitutional rights of female prisoners cannot be ignored. “That does not subordinate the rights of women prisoners to be safe from violence and cruel behavior in prison,” Dhillon said. “That’s our focus in these investigations.”
The federal investigation comes as Washington faces growing scrutiny over both its prison housing policies and taxpayer-funded inmate benefits. Records recently obtained by The Ari Hoffman Show revealed that Washington has spent more than $4.8 million on so-called “gender affirming care” for inmates since 2019, including taxpayer-funded surgeries, hormone treatments, and cosmetic procedures.
At the same time, lawsuits, public records, and inmate complaints have documented allegations of sexual assault, harassment, voyeurism, intimidation, and violence involving trans-identifying male inmates housed in women’s facilities.
For now, the DOJ’s message to Washington appears clear: if state officials refuse to end practices federal investigators view as unconstitutional, the department is prepared to take the fight to court.
“Open and shut,” as Dhillon put it.
