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Three more women have signed onto a federal lawsuit against the Maine Department of Corrections for allowing transgender prisoners to be housed in facilities that align with their gender identity.
First brought by Katie Mountain in April, the lawsuit now includes Jennifer Albert, Michaela Sargent and Danielle Foster, who say they live in fear at the Maine Correctional Center in Windham because of the department’s policy.
According to the lawsuit, the women have been sexually assaulted, threatened and repeatedly harassed by several transgender prisoners, including Andrea Balcer, who Mountain says caused “extreme physical and psychological distress.”
Balcer is serving a 40-year sentence for the murder of both parents in 2017.
Mountain, who was housed with Balcer when she began serving a 10-month sentence in January, alleges that while bunking together, Balcer subjected her to “graphic sexual stories, trapped her in a bathroom, pushed her against the wall, forcibly kissed her, and made repeated threats of rape and impregnation.”
Sargent describes waking up to Balcer stroking her hair and saying, “if you don’t wake up it’s because I smothered you with a pillow.” She also alleges that Balcer once grabbed her shirt and demanded, “show me your boobs.”
Attorney Cynthia Dill, who represents the plaintiffs, said in a press release that when the women reported the abuse or refused to affirm Balcer’s gender identity, they were met with retaliation by being placed in segregation, being denied hygiene supplies and medication and losing eligibility for early release.
In their lawsuit, the women argue that the policy mandates gender affirmation with “deliberate indifference to the safety, privacy and civil rights of women incarcerated in the State of Maine.” They say “gender identity” first made its way into Maine laws that govern corrections in 2021.
The plaintiffs are seeking a permanent injunction against the gender identity law and related state correctional policies along with damages.
Jill O’Brien, a spokesperson for the Maine Department of Corrections, said in a statement that the department takes residents’ safety concerns very seriously.
“Anytime a resident makes a report of physical or sexual violence or harassment to staff, the Department investigates,” O’Brien said. “If the conduct that occurred rises to the level of a crime, it is referred to the District Attorney for prosecution. If it violates the Department’s disciplinary policy, the residents involved are disciplined.”
O’Brien added that information about specific residents is confidential and information about specific residents is confidential.
This story appears through a media partnership with Maine Public.
