Kwiatkowski v. Dismukes

The ACLU of North Carolina and Emancipate NC filed a lawsuit in February 2026 challenging a provision of House Bill 805 that functionally bans gender-affirming care for people who are incarcerated in North Carolina prisons or otherwise in the custody of the Department of Adult Corrections.

The lawsuit argues that this ban violates the Eighth Amendment, which requires states to provide medically necessary care to individuals in their custody. Failure to provide this care constitutes cruel and unusual punishment. The lawsuit also includes a class action claim to seek relief for people who are currently incarcerated and may be harmed by the new law.