Lusk v. Minnesota Department of Corrections:
Hennepin County agrees to settlement strengthening protections for transgender people in custody
FOR IMMEDIATE RELEASE
December 3, 2025
CONTACT
Noah Parrish, Communications Director
[email protected]
651.432.0171
New policy ensures facility placements respect gender identity, following finding of discrimination by Minnesota Department of Human Rights
The Hennepin County Sheriff’s Office has agreed to adopt sweeping policy changes to protect the rights and safety of transgender people in custody, as part of a settlement reached after the Minnesota Department of Human Rights (MDHR) found the county violated the Minnesota Human Rights Act (MHRA).
In 2023, Gender Justice filed a charge of discrimination at MDHR on behalf of a transgender man who was wrongfully moved from the men’s unit to the women’s unit at the Hennepin County Jail. Although he had transitioned more than a decade earlier and was initially correctly placed in the men’s unit, a correctional officer later reclassified him based solely on assumptions about his anatomy—asking invasive questions about his genitalia and disregarding his own stated preference to be housed with men.
MDHR ultimately found that the jail’s actions constituted unlawful discrimination, and the parties agreed to enter conciliation. Through that process, they reached a settlement that includes significant policy changes designed to comply with state law.
Under the settlement, the Hennepin County Sheriff’s Office will:
- Utilize an inmate’s self-reported gender identity as the primary means of determining their housing assignment.
- Require regular training for jail staff to review inmate classification policies.
- Make good faith efforts to use the chosen names, pronouns, and honorifics of all people in custody.
“Trans people deserve to be treated with dignity and respect in every setting, including when they’re in custody,” said Sara Jane Baldwin, senior staff attorney at Gender Justice. “The Minnesota Human Rights Act is clear: people—not the government—get to say who they are. Failing to honor that is discrimination. I hope other Minnesota counties will take notice of this settlement and ensure that their policies and practices follow the law.”
This settlement comes amid growing national attention to how transgender people are treated in the criminal justice system. Recent reforms, such as the Faith v. Steuben County settlement in New York, have been heralded as models for ensuring jail placements align with a person’s gender identity and safety needs. Hennepin County’s policy change joins that emerging movement, showing how local governments can take meaningful steps to uphold human rights and prevent discrimination in their facilities.
While Gender Justice continues to call for broader reforms to reduce incarceration and address the inequities in our criminal justice system, this settlement represents a meaningful step toward ensuring that those who are in custody are treated with dignity and respect.
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