Maine fights DOJ subpoena for records on transgender inmate

Maine is fighting a subpoena from the U.S. Department of Justice, arguing in federal court that state privacy laws bar it from providing inmate records. The DOJ [announced on March 26](https://www.sunjournal.com/2026/03/26/feds-investigating-maines-practice-of-placing-transgender-inmates-in-womens-prison/) that it was investigating Maine and California for housing transgender inmates in women’s prisons. The Sun Journal [reported in March](https://www.sunjournal.com/2026/03/04/women-say-they-are-being-harassed-by-transgender-inmate-at-maine-prison/) about several women at the Maine Correctional Center in Windham who said they had complained to the Maine Department of Corrections that inmate Andrea Balcer, who is transgender, had sexually harassed them. Despite several complaints to prison officials, they said, Balcer was never moved. The women sued Balcer and prison officials in April. The defendants have until July to file answers to the complaint, according to court records. As of Wednesday, Balcer did not have an attorney listed in court records for that civil lawsuit. Previous attempts by a Sun Journal reporter to reach her in March about the harassment allegations were unsuccessful. Corrections Commissioner Randall Liberty told state lawmakers [earlier this month](https://www.pressherald.com/2026/06/17/maine-prison-official-says-transgender-policy-follows-state-and-federal-laws/) that the prison system is complying with state and federal law. Advertisement Related [Feds investigating Maine’s practice of placing transgender inmates in women’s prison](https://www.sunjournal.com/2026/03/26/feds-investigating-maines-practice-of-placing-transgender-inmates-in-womens-prison/) On June 15, the DOJ sent a subpoena to Maine for all grievances related to Balcer and all related responses and investigative materials from the prison system. Maine law bars the prison system from disclosing these records without a judge’s order, according to a motion the Office of the Maine Attorney General filed in U.S. District Court on Monday. The DOJ also requested prison records for Balcer, including housing decisions, as well as any prison records about one of the inmates who had complained to the Department of Corrections “reflecting the substance and timing of decisions regarding her classification, release status (and) disciplinary record, including loss of any privileges.” State attorneys wrote that it’s “possible that USDOJ will seek additional records from MDOC as the investigation progresses.” Neither an attorney nor a spokesperson for the DOJ responded to a request for comment on Tuesday. A spokesperson for the attorney general said on Tuesday that the office had no comment. Under [Maine law](https://legislature.maine.gov/statutes/34-a/title34-Asec1216.html), “orders of commitment, medical and administrative records, applications and reports” about inmates are deemed confidential. That would include medical and mental health information, and any investigative files under the Prison Rape Elimination Act. The DOJ is seeking these records under the federal Civil Rights of Institutionalized Persons Act, according to court records. If a judge does order Maine to comply, the state is seeking a confidentiality order that would bar the DOJ from publicly disclosing private information. Attorneys for the state said in court records they had been discussing a confidentiality agreement with the DOJ, but none was reached before the subpoena was sent. Copy the Story Link Tagged: [civil rights](https://www.pressherald.com/tag/civil-rights/), [court](https://www.pressherald.com/tag/court/), [Department of Justice](https://www.pressherald.com/tag/department-of-justice/), [Maine Department of Corrections](https://www.pressherald.com/tag/maine-department-of-corrections/), [trans](https://www.pressherald.com/tag/trans/), [us district court](https://www.pressherald.com/tag/us-district-court/) [](https://www.pressherald.com/author/emily-allen) [Emily AllenStaff Writer](https://www.pressherald.com/author/emily-allen) Emily Allen covers courts for the Portland Press Herald. It's her favorite beat so far — before moving to Maine in 2022, she reported on a wide range of topics for public radio in West Virginia and was. [More by Emily Allen](https://www.pressherald.com/author/emily-allen)