Case: Konitzer v. Bartow

2:03-cv-00717 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: July 30, 2003

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On July 30, 2003, Plaintiff, a male inmate suffering from Gender Dysphoria ("GD") confined by the Wisconsin Department of Corrections ("DOC"), filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division. Although the complaint was originally filed pro se, Plaintiff was later represented by counsel appointed by the court. When the Third Amended Complaint was filed on July 13, 2007, Plaintiff was housed at the Wisconsin R…

On July 30, 2003, Plaintiff, a male inmate suffering from Gender Dysphoria ("GD") confined by the Wisconsin Department of Corrections ("DOC"), filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division. Although the complaint was originally filed pro se, Plaintiff was later represented by counsel appointed by the court. When the Third Amended Complaint was filed on July 13, 2007, Plaintiff was housed at the Wisconsin Resource Center ("WRC"), a Wisconsin Department of Health and Family Services ("DHFS") facility for inmates with mental health needs. Plaintiff named all employees and/or officials of DOC and DHFS as Defendants. Plaintiff claimed that Defendants were inadequately treating his GD in violation of the Eighth Amendment of the U.S. Constitution.

For the violation of his Eighth Amendment rights, Plaintiff sought injunctive relief for the following: (1) enjoining Defendants, their employees, agents, and successors in office from providing medical care and treatment to Plaintiff that is inconsistent with the standards of medical care and treatment for GD in the State of Wisconsin as a whole; (2) enjoining Defendants, their employees, agents, and successors in office from refusing to provide and delaying provision of necessary medical treatment and care for GID to Plaintiff either at suitable and adequate facilities within the WRC or elsewhere; (3) enjoining Defendants and their successors in office from failing to instruct, supervise and train their employees and agents in such a manner as to assure the delivery of medical treatment and care to Pplaintiff which is consistent with the standards of medical care in the State of Wisconsin as a whole; and (4) that the court establish a panel of independent medical experts to regularly evaluate the delivery of medical treatment and care administered to Plaintiff and insure the compliance of Defendants and their successors in office with the court's orders.

On January 17, 2006, Plaintiff filed an emergency motion for a temporary restraining order ('TRO") and preliminary injunction enjoining Defendants from stopping Plaintiff's hormonal therapy. According to Plaintiff's brief and declarations by his doctor and one of his attorneys, Plaintiff had been receiving female hormonal and anti-adrogen therapy since 1999 for treatment of GD. Plaintiff argued that Wis. Stat. § 302.386(5m), enacted on January 6, 2006, also known as the "Inmate Sex Change Prevention Act," would become effective on January 24, 2006, and that pursuant to the statute, Defendants would begin reducing Plaintiff's hormone therapy with the intention of eventually stopping it completely. The papers supporting the motion added that all of Plaintiff's endocrine functions and organ systems would be affected by cessation of the therapy. Further, they maintained that Plaintiff's depression would become more acute, blood pressure would rise and suicide ideation would accelerate. Consequently, Plaintiff concluded that the Eighth Amendment's ban on cruel and unusual punishment and the Ex Post Facto Clause of article I, section 10 of the U.S. Constitution supported injunctive relief and entry of an order barring Defendants from terminating Plaintiff's hormonal therapy.

On January 20, 2006, in an unpublished order, Judge Charles N. Clevert, Jr. granted Plaintiff's motion for preliminary injunction.

On February 08, 2008, Defendants filed a motion for partial summary judgment. On March 31, 2010, Judge Clevert granted in part and denied in part Defendants' motion for partial summary judgment. Judge Clevert further ordered that Plaintiff's request that only female correctional officers conduct any future strip searches of Plaintiff was denied. In a decision issued on May 10, 2010, Judge Clevert concluded that no reasonable jury could find that Defendants had been deliberately indifferent to Plaintiff's medical needs in regard to strip searches, and therefore summary judgment was granted as to this issue; however, as to all other issues raised in Defendants' summary judgment motion, summary judgment was denied.

In July 2010, Judge Clevert referred the case to Magistrate Judge Patricia J. Gorence for mediation. On December 27, 2010, Judge Clevert approved the parties' Settlement Agreement which provides, among other things, DOC will continue Plaintiff's hormone therapy consistent with state law, unless such therapy is medically contraindicated or the plaintiff agrees to the cessation of such therapy. On the same day, the court also denied Plaintiff's motion to reopen the case and dismissed the case.

Plaintiff appealed the District Court's grant of partial summary judgment to the Seventh Circuit as a pro se appellant. However, because Plaintiff failed to pay the required docketing fee within the statutory period, the appeal was dismissed on June 02, 2011.

Summary Authors

Xin Chen (7/17/2011)

Related Cases

Sundstrom and Fields v. Frank, Eastern District of Wisconsin (2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4638006/parties/konitzer-v-bartow/


Judge(s)

Clevert, Charles N. Jr. (Wisconsin)

Attorneys(s) for Plaintiff

Cothroll, Brian E. (Wisconsin)

Farley, Jennifer A. (Wisconsin)

Lucey, David M. (Wisconsin)

Nusslock, Kathy L. (Wisconsin)

Shriner, Thomas L. Jr. (Wisconsin)

Attorneys(s) for Defendant

Finkelmeyer, Corey F. (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Sullivan, Francis X. (Wisconsin)

Judge(s)

Clevert, Charles N. Jr. (Wisconsin)

Attorneys(s) for Plaintiff

Cothroll, Brian E. (Wisconsin)

Farley, Jennifer A. (Wisconsin)

Lucey, David M. (Wisconsin)

Nusslock, Kathy L. (Wisconsin)

Shriner, Thomas L. Jr. (Wisconsin)

Attorneys(s) for Defendant

Finkelmeyer, Corey F. (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Sullivan, Francis X. (Wisconsin)

Documents in the Clearinghouse

Document

Docket

June 13, 2011 Docket
93

Third Amended Complaint

July 13, 2005 Complaint
146

Brief in Support of Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction Enjoining Defendants from Stopping Plaintiff's Hormonal Therapy

Jan. 17, 2006 Pleading / Motion / Brief
150

Order Denying Motion for Temporary Restraining Order and Granting Motion for Preliminary Injunction Barring Defendants from Withdrawing Plaintiff's Hormonal Therapy

Jan. 20, 2006 Order/Opinion
156

Brief in Support of Defendants' Motion for Partial Summary Judgment

Feb. 28, 2006 Pleading / Motion / Brief
238

Decision Granting In Part and Denying In Part Defendants' Motion For Partial Summary Judgment

711 F.Supp.2d 874

May 10, 2010 Order/Opinion
311

Judgment and Settlement Agreement

Dec. 27, 2010 Settlement Agreement

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4638006/konitzer-v-bartow/

Last updated May 28, 2022, 3:08 a.m.

ECF Number Description Date Link
150

ORDER signed by Judge Charles N Clevert Jr on 1/20/2006 denying 145 Motion for TRO, granting 145 Motion for Preliminary Injunction . Telephonic conference is scheduled for 1/27/2006 at 11:30 a.m. and a full hearing on plaintiff's motion for preliminary injunction is scheduled for 2/7/2006 @ 1:00 p.m. (cc: all counsel) ((mj), C. N. CLEVERT, JR.)

Jan. 20, 2006 PACER
185

ORDER ENTERING PRELIMINARY INJUNCTION barring defendants from withdrawing plaintiff's hormone therapy signed by Judge Charles N Clevert Jr on 8/1/2006. (cc: all counsel)((mj), C. N. CLEVERT, JR.)

Aug. 1, 2006 RECAP
237

ORDER Granting in Part and Denying in Part Defendants' Motion For Partial Summary Judgment 155 . Further ordering that plaintiff's request that only female correctional officers conduct any future strip searches of the plaintiff is denied. (cc: all counsel) ((cef), C. N. Clevert, Jr.)

March 31, 2010 RECAP
238

DECISION On Granting In Part and Denying In Part Defendants' Motion For Partial Summary Judgment. (cc: all counsel)((cef), C. N. Clevert, Jr.)

May 10, 2010 RECAP
310

ORDER Denying Plaintiff's Motion to Reopen Case 278 , Denying Plaintiff's Motion for Leave to Proceed IFP on Appeal 280 , Denying as Moot Plaintiff's Motion to Stay 283 , Denying Plaintiff's Motion to Seal 289 , Denying as Moot Plaintiff's Motion for Relief 291 , Denying as Moot Plaintiff's Motion to File Surreply 300 , and Dismissing Case. (cc: all counsel; via U.S. Mail to Plaintiff) ((cef), C. N. Clevert, Jr.)

Dec. 27, 2010 RECAP
410

ORDER signed by Chief Judge Charles N Clevert, Jr on 11/29/2011 Granting 401 Motion for Leave to File Excess Pages; Denying as Moot 406 Motion to order the Clerk of Court to provide plaintiff with eight subpoena forms; Denying as Moot 407 Motion for Leave to File amended reply; Denying 350 Motion to Vacate; Denying 362 Motion to Vacate. (cc: all counsel, via US Mail to Plaintiff) (nts)

Nov. 29, 2011 RECAP
435

ORDER Denying as Moot Plaintiff's Motion to Retain the Record on Appeal 426 , Denying Plaintiff's Motion for Leave to Proceed IFP 427 , Denying Plaintiff's Motion to Supplement Appeal Record 430 , and Denying Plaintiff's Motion to Correct Appeal Record 431 . Further ordering plaintiff forward to the Clerk the sum of $455.00 as the full filing fee by 2/27/12. (cc: all counsel; via US Mail to Plaintiff (w/copy of case docket), Warden and PLRA Atty) ((cef), C. N. Clevert, Jr.)

Feb. 14, 2012 RECAP

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 30, 2003

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a male inmate suffering from Gender Identity Disorder confined by the Wisconsin Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

all employees and/or officials of the Wisconsin Department of Corrections, State

all employees and/or officials of the Wisconsin Resource Center, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Medical/Mental Health:

Medical care, general

Medication, administration of

Type of Facility:

Government-run