Case: Gammett v. Idaho State Board of Corrections

1:05-cv-00257 | U.S. District Court for the District of Idaho

Filed Date: June 30, 2005

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On June 30, 2005, a transgender inmate filed suit against the Idaho State Board of Corrections in the District Court for Idaho for failing to diagnose and provide treatment for her Gender Dysphoria (formerly known as Gender Identity Disorder and discussed as such in this case). Plaintiff, who was represented by National Center for Lesbian Rights and private attorneys, alleged that defendants were deliberately indifferent to her serious mental health condition in violation of the Eighth and Four…

On June 30, 2005, a transgender inmate filed suit against the Idaho State Board of Corrections in the District Court for Idaho for failing to diagnose and provide treatment for her Gender Dysphoria (formerly known as Gender Identity Disorder and discussed as such in this case). Plaintiff, who was represented by National Center for Lesbian Rights and private attorneys, alleged that defendants were deliberately indifferent to her serious mental health condition in violation of the Eighth and Fourteenth Amendments and 42 U.S.C. § 1983. Plaintiff named as additional defendants various individual medical personnel and Correctional Medical Services, Inc. a private company contracted to provide medical staffing at Idaho prisons.

Plaintiff alleged that she assigned male at birth but identified as a woman and received hormone therapy prior to her incarceration. Following her incarceration, plaintiff made over 75 requests to prison officials for medical treatment for her condition. All treatment requests were denied. Plaintiff then attempted suicide and cut off her own genitals using a disposable razor, nearly bleeding to death.

Over the next year, the parties engaged in discovery. On December 22, 2006, plaintiff filed a motion for a preliminary injunction. After a court-ordered settlement conference did not result in a resolution of the case, a preliminary injunction hearing was held in July 2007. Following the hearing, the District Court (Judge Mikel Williams) ruled that plaintiff was entitled to female hormone therapy and psychotherapy pending a full trial on the merits. Judge Williams found that "gender identity disorder, left untreated, is a life-threatening mental health condition." Gammett v. Idaho State Bd. of Corrections, 2007 WL 2186896 (D. Idaho). Defendants' subsequent motions for reconsideration of the order granting preliminary injunctive relief to plaintiff and request to terminate the preliminary injunction were denied. Soon after, Judge Williams ordered the State to transport the plaintiff for treatment by an outside physician who specialized in the care of transgender patients and by a local psychologist. Gammett v. Idaho State Bd. of Corrections, 2007 WL 2684750 (D. Idaho).

In September 2007, the defendants filed a motion for summary judgment. This motion was found moot on November 30, 2007 because of the pending Ninth Circuit appeal by a non-party. On appeal to the Ninth Circuit, the parties went through a voluntary in-person mediation on July 10, 2008. The parties were able to reach a tentative settlement of their dispute on May 18, 2009 following the mediation. The appeal to the Ninth Circuit was voluntarily dismissed pursuant to the stipulation of the parties on August 6, 2009. Additionally, the case in the United States District Court for the District of Idaho was dismissed in its entirety with prejudice on August 11, 2009 pursuant to the stipulation of the parties in light of their Ninth Circuit settlement agreement. The exact terms of the settlement agreement are not known, but according to a case summary by National Center for Lesbian Rights, "the case was settled to the satisfaction of all parties." The case is now closed.

Summary Authors

Dan Dalton (9/17/2007)

Elizabeth Heise (10/7/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4717124/parties/gammett-v-idaho-state-board-of-corrections/


Judge(s)

Williams, Mikel H. (Idaho)

Attorneys(s) for Plaintiff

Ayoub, Lena (California)

Cooper, Lea C. (Idaho)

Dixon, Bradley J. (Idaho)

Dos Santos, Mathew William (California)

Jorjani, Parisa (California)

Marksamer, Jody (California)

Mazza, Mia Anna (California)

Minter, Shannon (California)

Musgrove, Sheryl L. (Idaho)

Judge(s)

Williams, Mikel H. (Idaho)

Attorneys(s) for Plaintiff

Ayoub, Lena (California)

Cooper, Lea C. (Idaho)

Dixon, Bradley J. (Idaho)

Dos Santos, Mathew William (California)

Jorjani, Parisa (California)

Marksamer, Jody (California)

Mazza, Mia Anna (California)

Minter, Shannon (California)

Musgrove, Sheryl L. (Idaho)

Schurz, James M. (California)

Sinclair, J. Walter (Idaho)

Tollefson, Gregory C. (Idaho)

Attorneys(s) for Defendant

Burke, John J. (Idaho)

Collaer, Phillip J. (Idaho)

Julian Fontaine, Andrea L. (Idaho)

Loomis, William M. (Idaho)

McCollum, Joseph D. Jr. (Idaho)

McFarland, Ryan Thomas (Idaho)

McNeese, Timothy R. (Idaho)

Nickels, Bryan A. (Idaho)

Panther, Paul R. (Idaho)

Points, Michelle R. (Idaho)

Thomson, James S. II (Idaho)

Documents in the Clearinghouse

Document

07-35829

General Docket [Pacer]

Gammett v. Idaho State Board

U. S. Court of Appeals for the Ninth Circuit

Aug. 6, 2009

Aug. 6, 2009

Docket

1:05-cv-00257

Docket [PACER]

Aug. 26, 2009

Aug. 26, 2009

Docket
2

1:05-cv-00257

Complaint and Demand for Jury Trial

June 30, 2005

June 30, 2005

Complaint
122

1:05-cv-00257

Amended Complaint

Feb. 1, 2006

Feb. 1, 2006

Complaint
230

1:05-cv-00257

Memorandum Decision and Order

2007 WL 2186896, 2007 U.S.Dist.LEXIS 55564

July 27, 2007

July 27, 2007

Order/Opinion

NCLR Press Release: Federal Judge in Idaho Orders Treatment for Transgender Inmate

No Court

July 30, 2007

July 30, 2007

Press Release
276

1:05-cv-00257

Memorandum Decision and Order

Gammett v. Idaho State Bd. of Corrections

2007 WL 2684750, 2007 U.S.Dist.LEXIS 66456

Sept. 7, 2007

Sept. 7, 2007

Order/Opinion
304

1:05-cv-00257

Second Amended Complaint

Oct. 18, 2007

Oct. 18, 2007

Complaint
319

1:05-cv-00257

Order

Nov. 30, 2007

Nov. 30, 2007

Order/Opinion
325

1:05-cv-00257

Order Granting Stipulation for Dismissal with Prejudice

Aug. 11, 2009

Aug. 11, 2009

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4717124/gammett-v-idaho-state-board-of-corrections/

Last updated Aug. 11, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
230

MEMORANDUM DECISION AND ORDER granting plas 134 Motion for Preliminary Injunction; dfts shall notify the Court within ten (10) days of this order if they are unable to procure a prescription from an Idaho-licensed doctor for the hormone or provide psychotherapy to address plas gender issues; granting 160 Motion for Leave to File Excess Pages; denying 227 Motion to augment record re: Preliminary Injunction. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by wm, )

July 27, 2007

July 27, 2007

RECAP
276

MEMORANDUM DECISION AND ORDER Conditionally granting 250 MOTION to Vacate 244 Order filed by Idaho Department of Corrections, Granting 252 MOTION for Scheduling Conference filed by Chad Sombke, Debi Titus, Doctor Flerchinger, Prison Hea lth Services, Kenneth Khatain, Doctor Kruzich, Denying 239 MOTION for Reconsideration re 230 Order, Denying 237 MOTION for Reconsideration re 230 Order filed by Idaho Department of Corrections. Signed by Judge Mikel H. Williams. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by ja, )

Sept. 7, 2007

Sept. 7, 2007

RECAP

Case Details

State / Territory: Idaho

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 30, 2005

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Transgender inmate in the Idaho state prison who suffered from Gender Identity Disorder and sought hormone therapy.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Lesbian Rights (NCLR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Prison Health Services, Private Entity/Person

Correctional Medical Services, Inc., Private Entity/Person

Idaho State Board of Corrections (Boise), State

Idaho Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Order Duration: 2007 - 2009

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Suicide prevention

Discrimination-basis:

Gender identity

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, general

Type of Facility:

Government-run