Filed Date: Oct. 11, 2023
Case Ongoing
Clearinghouse coding complete
This case concerns a settlement requiring the Washington Department of Corrections (WDOC) to ameliorate its alleged violations of the U.S. Constitution, the Americans with Disabilities Act (ADA), and the Rehabilitation Act through its treatment of incarcerated transgender individuals with disabilities. On October 11, 2023, the plaintiffs, represented by Disability Rights Washington, filed a complaint and settlement agreement in the U.S. District Court of the Western District of Washington. The complaint and settlement was the result of negotiations between the parties arising out of a previous lawsuit and effectuated with a consent decree on July 12, 2023.
The complaint alleged that WDOC violated the 8th Amendment by failing to provide timely medical and mental health care to transgender patients and subjecting them to harmful and unnecessary cross-gender strip and pat-down searches. The complaint also alleged that WDOC violated the ADA and Rehabilitation Act by discriminating against transgender patients with disabilities in the provision of gender-affirming medical and mental health care and failing to modify policies, practices, and procedures to accommodate such patients.
The settlement agreement required WDOC to provide gender-affirming healthcare and services that are consistent with the Washington Health Care Authority’s Transhealth Program. WDOC agreed to ensure that any person with an active prescription for hormone replacement therapy would continue receiving their prescription in prison and that transgender individuals who sought hormone replacement therapy in prison for the first time would generally be eligible to receive such medication upon request absent major medical contra-indications.
Under the agreement, patients with gender dysphoria would also be promptly evaluated for gender-affirming surgeries and procedures by an expert in gender-affirming care, and patients would have access to gender-affirming mental health care. WDOC also agreed to retain a medical specialist in gender-affirming care, gender-affirming mental health specialists at each major prison, community consultants for gender-affirming medical and mental health care, and several care navigators and administrators to implement the program.
WDOC also agreed to take affirmative steps to provide gender-affirming clothing and property to transgender people in prison in a timely manner, develop and implement policies to ensure that transgender people may shower and change clothing separately and out of view from other individuals, and cease the practice of subjecting transgender people to cross-gender strip and pat-down searches.
The settlement agreement required WDOC to produce quarterly data and anticipates that DRW will monitor WDOC’s compliance. The court was to have jurisdiction to enforce the settlement for a period of 36 months following the effective date of the settlement, after which the agreement was to terminate.
As of November 26, 2023, the settlement agreement was in place and ongoing.
Summary Authors
Terry Howard (11/26/2023)
Doe v. Washington State Department of Corrections, Eastern District of Washington (2021)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67873094/parties/disability-rights-washington-v-washington-state-department-of-corrections/
Coughenour, John C. (Washington)
Carlson, David R (Washington)
Chin, Yvonne (Washington)
Clark, Jazmyn (Washington)
Davis, Antoinette M (Washington)
See docket on RECAP: https://www.courtlistener.com/docket/67873094/disability-rights-washington-v-washington-state-department-of-corrections/
Last updated April 25, 2025, 9:16 a.m.
State / Territory: Washington
Case Type(s):
Healthcare Access and Reproductive Issues
Special Collection(s):
Transgender Healthcare Access Cases
Key Dates
Filing Date: Oct. 11, 2023
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
A class of incarcerated transgender people represented by Disability Rights Washington.
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Washington State Department of Corrections, State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: $1,500,000.00
Order Duration: 2023 - 2026
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Jails, Prisons, Detention Centers, and Other Institutions:
Strip search policy (facilities)
LGBTQ+:
Medical/Mental Health Care: