Lowenstein Sandler Joins Federal Suit Challenging DOJ Memo for Removing Protections Established by Prison Rape Elimination Act

As reported by Law360, Lowenstein Sandler has joined with co-counsel GLAD and National Center for LGBTQ+ Rights in challenging a U.S. Department of Justice (DOJ) memorandum that suspends critical protections for transgender, intersex, and gender non-conforming people under the Prison Rape Elimination Act (PREA).

PREA was enacted by Congress to prevent, detect, and respond to sexual abuse in correctional settings and regulations were promulgated after years of consultation and deliberation. Recently, the DOJ issued a memorandum, in response to an Executive Order, directing correctional facilities to disregard the provisions designed to protect transgender individuals from sexual violence.

The suit, Paulina Poe v. U.S. Department of Justice et al. in the U.S. District Court for the District of Columbia, alleges that these protections are vital given the well-documented, disproportionate risk of sexual abuse faced by transgender people in custody. It claims that by unilaterally issuing a memo, the DOJ failed to go through the proper rulemaking channels, including issuing public notice and holding a public comment period, in violation of both federal law and the Executive Order.

The complaint states: "The memorandum effectively rescinds specific regulations intended to protect this incredibly vulnerable population. Corrections officers could put plaintiff at risk of sexual assault at any moment by housing her in a cell with a particularly dangerous prisoner, even inadvertently; transferring her to more dangerous housing; or forcing her to shower with male prisoners, among other things."

The lawsuit seeks to invalidate the memo and require DOJ to continue to enforce PREA regulations.

The Lowenstein team includes Kegan A. Brown, Alexander Shalom, Natalie J. Kraner, Amanda K. Cipriano, Mikayla R. Berliner, Kaitlyn D'Onofrio, and Anya Wasserman.

About Lowenstein Sandler LLP
Lowenstein Sandler LLP is a national law firm with over 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.