A transgender woman filed a federal lawsuit on May 6, 2026 against the US Department of Justice, challenging a December 2025 DOJ memorandum that unilaterally suspended longstanding federal regulations protecting incarcerated transgender people from sexual abuse. The complaint, filed in the US District Court for the District of Columbia, asks the court to set aside the memorandum as procedurally invalid under the Administrative Procedure Act (APA).

The plaintiff, Paulina Poe, is a transgender woman who is currently incarcerated. She has been propositioned, groped, sexually harassed, and assaulted by men in her facility, and has been strip-searched by male officers – experiences that the Prison Rape Elimination Act regulations were designed to prevent. She is not asking for special treatment. She is asking for the protections Congress determined more than a decade ago that every incarcerated person deserves.

The lawsuit asserts a fundamental principle: the federal government cannot ignore the law. Under the APA, duly promulgated regulations cannot be wiped out or contradicted by an internal memo. Substantive rule changes require public notice and an opportunity for comment. DOJ unlawfully skipped that process entirely.

The complaint asks the court to:

  • Declare DOJ’s December 2, 2025, memorandum unlawful as final agency action issued without the notice-and-comment rulemaking required by the APA.
  • Stay implementation of the memorandum and restore the PREA regulations to full force while the case proceeds.
  • Permanently enjoin enforcement of the memorandum and require DOJ to notify all correctional facilities subject to PREA that the regulations remain binding.

The plaintiff is represented by attorneys at the National Center for LGBTQ Rights, GLBTQ Legal Advocates & Defenders (GLAD Law), Lowenstein Sandler LLP, and Wardenski P.C.

About Lowenstein Sandler LLP
Lowenstein Sandler LLP is a national law firm with around 400 lawyers based in New York, Palo Alto, Roseland, Salt Lake City, San Francisco, Washington, D.C., and Wilmington. The firm represents leaders in virtually every sector of the global economy, with particular emphasis on investment funds, life sciences, and technology. Recognized for its entrepreneurial spirit and high standard of client service, the firm is committed to the interests of its clients, colleagues, and communities.

About Wardenski P.C.
Wardenski P.C. is a national civil rights law firm with offices in New York City and Washington, DC. We represent plaintiffs around the country in challenging discrimination in education, housing, health care and voting, with a focus on protecting the rights of the LGBTQ community.