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Abstract
The legally permitted abuse of transgender individuals in the carceral system is a dangerous epidemic that has hit an extreme peak in the past two decades. This issue is further exacerbated, by the extreme overrepresentation of trans persons in prison compared to that of the general population. Moreover, the legal doctrine and laws that should serve as protective barriers for transgender persons in prison have woefully failed in achieving such ends. This review provides an extensive exploration into such legal doctrine to better understand the procedures of these shortcomings and failures. The legal exploration centers the landmark 1994 SCOTUS ruling on the Farmer v. Brennan prison violence case, in conjunction with the Prison Rape Elimination Act (PREA) passed by Congress in 2003. The findings indicate that a flawed interpretation in judicial rulings and missing enforceability, accountability, and applicability structures within these laws all contribute to the dismal state of these legal structures that should be protecting trans persons in prison from increased violence. This legal review concludes with recommended legal reforms and places emphasis on a short term expansion of provisions for equitable societal support measures for trans persons, and a long term solution requiring the abolition of the carceral system.