In re Kakowski CA4/1

INTRODUCTION

Brian Kakowski, a prisoner in the custody of the California Department of Corrections and Rehabilitation (Department), petitions this court for writ of habeas corpus. He raises an equal protection challenge to a Department policy permitting transgender female inmates, but not cisgender male inmates, to possess certain personal hygiene items. While Kakowski’s petition was pending, the Department changed its policy so as to make the subject hygiene items available to both cisgender male inmates and transgender female inmates. We conclude this development has made Kakowski’s petition for writ of habeas corpus moot. Accordingly, the order to show cause is discharged and the petition dismissed.

BACKGROUND

In February 2022, Kakowski filed with this court a petition for writ of habeas corpus challenging a Department policy that prohibited cisgender inmates housed at male institutions from accessing certain hygiene products—specifically, tweezers, emery boards, shower caps, and facial scrub—while allowing such access to transgender inmates and inmates having symptoms of gender dysphoria housed at male institutions. He asserted the policy violated his rights to equal…