Inmate Katie Mountain filed a lawsuit on Friday against Maine Department of Corrections Commissioner (MDOC) Randall Liberty, Maine Correctional Center Warden Ben Beal, and trans-identifying male murderer Andrew Balcer after she was forced to share a cell with him.
“Prison walls do not form a barrier separating prison inmates from the protections of the
Constitution. The First Amendment stands as a shield against any effort to enforce orthodoxy in thought or speech in this country,” says the lawsuit.
The suit, filed by The Law Office of Cynthia Dill in Cape Elizabeth on Mountain’s behalf, alleges that the MDOC has violated her constitutional protections against cruel and unusual punishment and her rights to freedom of speech, freedom of religion, and equal protection under the law.
Mountain’s suit also demands a trial by jury to address her grievances.
Mountain first made her grievances known via a letter sent to The Maine Wire. In that letter, she claimed that she was forced to share a cell and even a bed with Balcer, a six-foot-one, 310-lb. man. Balcer was sentenced in 2017 after he murdered his parents and their dog with a knife.
In 2022, Balcer announced that he was transitioning genders and would begin living as a woman. Under the policies promulgated by Gov. Janet Mills (D-Maine) and Liberty, Balcer was moved into the women’s section of the Maine Correctional Center in Windham.
Mountain claimed that Balcer has repeatedly threatened her and made sexual comments towards her. He also allegedly forced kisses on her against her will when he cornered her in a restroom.
Mountain says that, when she eventually complained, she was punished for speaking out against the actions of the trans-identifying inmate.
“As punishment for her refusal to be locked in the bunk with Balcer again and her alleged ‘threat,’ Mountain was transferred to segregation and denied medication, clean clothes, and hygiene supplies,” says the lawsuit.
“In segregation Mountain is only allowed out of her room 3 hours a day and can’t use the library, gym or art studio. She no longer is eligible for early release or home confinement. She is denied access to communal spaces and the store. She no longer can watch TV, take classes or crochet,” it added.
Meanwhile, Balcer has been allowed back into the prison’s general population.
The suit alleges that prison officials retaliated against her after The Maine Wire published her article.
“Mountain then became the target of retaliation by the DOC, that suddenly and repeatedly issued Mountain clothes that do not fit, burning her id on her shirt, raiding her cell and reading her legal paperwork, and denying her access to the Women’s Center and prison privileges enjoyed by others as described above,” says the lawsuit.
The legal complaint also includes details on alleged harassment and violations suffered by other inmates at the hands of Balcer.
The suit claims that the MDOC has violated her religious freedoms by forcing her to share a living space with a male, which she says goes against her religion as a Baptist.
It also alleges violations of her rights to freedom of speech because she has been forced under penalty of punishment to refer to Balcer by his preferred pronouns.
The suit requests that the court issue an order permanently prohibiting the defendants from enforcing MDOC policy requiring the affirmation of a prisoner’s self-selected gender identity and requests damages against Liberty and Beal.
It also requests damages and punitive damages against Balcer for assault and an award of attorney fees.
Mountain’s case has drawn national attention from the U.S. Department of Justice, which has launched an investigation into potential constitutional violations perpetrated by the MDOC against female inmates.
That announcement came after former Attorney General Pam Bondi announced in April 2025 that she would be cutting funding from the MDOC for their policy of allowing males in women’s prison.
However, the DOJ quietly restored those funds just a few months later and has refused to explain why.
Rep. Mike Soboleski (R-Philips) has met with Mountain multiple times and spoken with another female inmate about her experiences with Balcer.
He spoke with The Maine Wire outside the Maine Correctional Center on Wednesday to discuss his efforts to help Mountain and the other women housed at the prison.
PUT IT WHERE IT BELONGS. THE MANS PRISON.