Case: Gotti v. Raemisch

2:07-cv-00928 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Oct. 17, 2007

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 17, 2007, Plaintiffs, three transgender women at a Wisconsin Department of Corrections ("DOC") facility who had been diagnosed with Gender Identity Disorder ("GID"), 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. This case is related to Sundstrom v. Frank (PC-WI-0010 in the Clearinghouse's database). Represented by attorneys from the Lambda Legal Defense and Education Fund, Inc., and the ACLU Fo…

On October 17, 2007, Plaintiffs, three transgender women at a Wisconsin Department of Corrections ("DOC") facility who had been diagnosed with Gender Identity Disorder ("GID"), 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. This case is related to Sundstrom v. Frank (PC-WI-0010 in the Clearinghouse's database).

Represented by attorneys from the Lambda Legal Defense and Education Fund, Inc., and the ACLU Foundation, Inc., Plaintiffs named employees and/or officials of DOC and a few correctional institutions as Defendants. Plaintiffs asked the court for declaratory and injunctive relief to redress Defendants'violations of their rights under the Eighth and Fourteenth Amendments to the U.S. Constitution. In the Second Amended Complaint filed on April 01, 2009, Plaintiffs claimed that Defendants had violated the Constitution by enforcing 2005 Wisconsin Act 105 to terminate and deprive their medical treatment for their serious health condition, with no exercise whatsoever of individualized medical judgment and in contrast to the treatment Defendants provided to other similarly situated inmates at DOC.

Plaintiffs sought an end to those actions of Defendants that violated Plaintiffs' right to equal protection and their right to be free from cruel and unusual punishment, pursuant to the Fourteenth and Eighth Amendments to the U.S. Constitution, and a declaration that 2005 Wisconsin Act 105 is unconstitutional on its face.

On October 17, 2007, one of the Plaintiffs filed an emergency motion for a preliminary injunction enjoining Defendants from reducing or terminating Plaintiff's hormonal therapy. The next day, Judge Charles N. Clevert, Jr., granted the motion.

On February 12, 2008, Judge Clevert granted the parties' request to stay this case. On December 19, 2007, the parties filed their Joint Rule 26(f) Report. The parties agreed that the ruling in the case of Fields v. Raemisch (see Sundstrom v. Frank, PC-WI-0010 in the Clearinghouse's database) would likely decide many if not all the legal issues presented in this case. As a result, the parties requested that this case be stayed until Fields was decided by the court, and on appeal, if any.

On August 18, 2010, the parties stipulated to dismiss the action without prejudice. Accordingly, the case was terminated pursuant to the stipulation.

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/4412533/parties/gotti-v-raemisch/


Judge(s)

Clevert, Charles N. Jr. (Wisconsin)

Attorneys(s) for Plaintiff

Dupuis, Laurence J. (Wisconsin)

Guenther, Erik R. (Wisconsin)

Knight, John A. (Illinois)

Levasseur, Dru M. (New York)

Thaler, Cole A. (Georgia)

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

Dupuis, Laurence J. (Wisconsin)

Guenther, Erik R. (Wisconsin)

Knight, John A. (Illinois)

Levasseur, Dru M. (New York)

Thaler, Cole A. (Georgia)

Attorneys(s) for Defendant

Finkelmeyer, Corey F. (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Sullivan, Francis X. (Wisconsin)

Documents in the Clearinghouse

Document

Docket

Aug. 18, 2010 Docket
2

Plaintiff's Emergency Motion for a Preliminary Injunction Enjoining Defendants from Reducing or Terminating Minx Gotti's Hormone Therapy

Oct. 17, 2007 Pleading / Motion / Brief
7

Order Granting Plaintiff's Emergency Motion for a Preliminary Injunction Enjoining Defendants from Reducing or Terminating Minx Gotti's Hormone Therapy

Oct. 18, 2007 Order/Opinion
27

Second Amended Complaint for Declarative and Injunctive Relief

April 1, 2009 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4412533/gotti-v-raemisch/

Last updated May 19, 2022, 9:51 p.m.

ECF Number Description Date Link
1

PRISONER COMPLAINT against all defendants filed by Minx Gotti. Consent forms to be distributed for Magistrate Judge Patricia J. Gorence. (Filing Fee PAID $350; Receipt #101-130503) (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)

Oct. 17, 2007 PACER
2

EMERGENCY MOTION for Preliminary Injunction by Minx Gotti. (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)

Oct. 17, 2007 PACER
3

PROPOSED ORDER regarding Motion for Preliminary Injunction filed by Minx Gotti. (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)

Oct. 17, 2007 PACER
4

DECLARATION of Minx A. Gotti. (mlm) Additional attachment(s) added on 10/19/2007 (kah). Modified on 10/19/2007 (kah). (Entered: 10/18/2007)

Oct. 17, 2007 PACER
5

STIPULATION to the Entry of Preliminary Injunctive Relief by all parties. (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)

Oct. 17, 2007 PACER
6

LETTER from Deputy Clerk to counsel requesting Certificate of Interest. (mlm)

Oct. 18, 2007 PACER
7

ORDER signed by Judge Charles N Clevert Jr on 10/18/2007 granting 2 Motion for Preliminary Injunction. (cc: all counsel) ((mj), C. N. CLEVERT, JR.) (Entered: 10/19/2007)

Oct. 18, 2007 RECAP
8

CERTIFICATE of Interest by all plaintiffs. (Dupuis, Laurence)

Oct. 19, 2007 PACER
9

ANSWER to Prisoner Complaint for Declaratory and Injunctive Relief by all defendants. (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)

2 Certificate of Service

View on PACER

Nov. 5, 2007 PACER
10

Docket Annotation to Atty Schmelzer re: doc. 9. (kah)

Nov. 6, 2007 PACER
11

WAIVER OF SERVICE Returned Executed by James Greer waiver sent on 10/19/2007, answer due 12/18/2007; Rick Raemisch waiver sent on 10/19/2007, answer due 12/18/2007; Cathy Jess waiver sent on 10/19/2007, answer due 12/18/2007; Dr Correll waiver sent on 10/19/2007, answer due 12/18/2007; Randall R Hepp waiver sent on 10/19/2007, answer due 12/18/2007. (Dupuis, Laurence)

Nov. 6, 2007 PACER
12

CERTIFICATE OF SERVICE by Minx Gotti Executed Waiver of Service of Summons (Dupuis, Laurence)

Nov. 6, 2007 PACER
13

REPORT of Rule 26(f) Plan by all parties. (Knight, John)

Dec. 19, 2007 PACER
14

CERTIFICATE OF SERVICE by Minx Gotti (Knight, John)

Dec. 19, 2007 PACER
15

ORDER Granting Parties' Request to Stay this Case signed by Judge Charles N Clevert Jr on 2/12/08. (cc: all counsel)((mj), C. N. CLEVERT, JR.) (Entered: 02/13/2008)

Feb. 12, 2008 PACER
16

MOTION to Amend/Correct Complaint to Add Plaintiff Jeffrey Knutsen, and for Extension of Preliminary Injunctive Relief to Her by all plaintiffs. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Thaler, Cole)

April 25, 2008 PACER
17

STIPULATION to the Addition of Plaintiff Jeffrey Knutsen, and to the Extension of Preliminary Injunctive Relief to Her by all parties. (Thaler, Cole)

April 25, 2008 PACER
18

CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)

April 25, 2008 PACER
19

ORDER signed by Judge Charles N Clevert, Jr on 5/2/08 GRANTING 16 Motion for Amendment of Complaint to Add Plantiff Jeffrey Knutsen and for Extension of Preliminary Injunctive Relief; and further ordering that that this courts order of October 18, 2007, Granting Plaintiffs Emergency Motion for Preliminary Injunction Enjoining Defendants from Reducing or Terminating Minx Gottis Hormone Therapy is extended to plaintiff Knutsen. (cc: all counsel) (cef) (C.N. Clevert, Jr.) (Entered: 05/05/2008)

May 2, 2008 PACER
21

AMENDED COMPLAINT against all defendants filed by Jeffrey Knutsen, Minx Gotti. (kah) (Entered: 05/06/2008)

May 2, 2008 PACER
20

RESPONSE to 21 Amended Complaint Motion re 16 MOTION to Amend/Correct Complaint to Add Plaintiff Jeffrey Knutsen, and for Extension of Preliminary Injunctive Relief to Her Defendants' Answer and Affirmative Defenses to Plaintiffs' Amended Complaint For Declaratory and Injunctive Relief filed by all defendants (Attachments: # 1 Certificate of Service)(Schmelzer, Jody) Modified link on 5/6/2008 (kah).

2 Certificate of Service

View on PACER

May 5, 2008 PACER
22

TO BE REFILED MOTION to Amend/Correct Complaint TO ADD PLAINTIFF DARRICK WALKER, AND FOR EXTENSION OF PRELIMINARY INJUNCTIVE RELIEF TO HER by all plaintiffs. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order, # 3 Certificate of Service)(Thaler, Cole) Modified on 3/25/2009 (kah).

March 24, 2009 PACER
23

STIPULATION TO THE ADDITION OF PLAINTIFF DARRICK WALKER, AND TO THE EXTENSION OF PRELIMINARY INJUNCTIVE RELIEF TO HER by all parties. (Thaler, Cole)

March 24, 2009 PACER
24

Docket Annotation to Atty Thaler re: doc. 22. (kah)

March 25, 2009 PACER
25

MOTION to Amend/Correct Complaint TO ADD PLAINTIFF DARRICK WALKER, MOTION EXTENSION OF PRELIMINARY INJUNCTIVE RELIEF by all plaintiffs. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order, # 3 Certificate of Service)(Thaler, Cole)

March 25, 2009 PACER
26

ORDER Granting Motion For Amendment of Complaint to Add Plaintiff Darrick Walker and Extension of Preliminary Injunction Relief 25 . Further ordering that the Clerk file the proposed amended complaint as the Second Amended Complaint. (cc: all counsel) ((cef), C. N. Clevert, Jr.) (Entered: 04/02/2009)

April 1, 2009 PACER
27

SECOND AMENDED COMPLAINT against all defendants filed by all pltfs; added Darrick Walker. (kah) (Entered: 04/03/2009)

April 1, 2009 PACER
28

ANSWER to 27 Amended Complaint by all defendants. (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)

April 13, 2009 PACER
29

NOTICE of Appearance by Dru M Levasseur on behalf of All Plaintiffs. Attorney(s) appearing: M. Dru Levasseur (Levasseur, Dru)

April 16, 2010 PACER
30

MINUTE ORDER. Status Conference held on 5/13/10. JOINT STATUS CONFERENCE is set for 6/17/10 at 10:00 AM in Courtroom 222. Parties are to submit a draft final judgment with language regarding the injunctive relief which is to be granted in Case No. 06-C-112. The parties stipulate to extend the deadline for filing a petition for attorneys' fees by at least 14 days from the date of the June 17th status conference. Parties agree that a decision in Fields will be binding in Gotti. To that extent, the parties are to prepare a stipulation and proposed order. (Tape #2:57:33 to 3:12:16) ((kwb), C. N. Clevert, Jr.) (Entered: 05/14/2010)

May 13, 2010 PACER
31

MINUTE ORDER. Joint Status Conference held on 6/17/10. In CASE NO. 06-C-112 the court will enter an order granting the parties' joint motion to hold in abeyance proceedings re attorneys' fees and costs pending the outcome of the appeal. In CASE NO.07-C-928, plaintiffs Minx GOTTI and Darrick WALKER are DISMISSED pursuant to the representations of counsel. As to Jeffrey KNUTSEN, the remaining plaintiff, a STATUS CONFERENCE will be held on 8/30/10 at 1:30 PM in Courtroom 222. Defense counsel is granted leave to appear by telephone. (Tape #10:23:04 to 10:33:49) ((kwb), C. N. Clevert, Jr.) (Entered: 06/22/2010)

June 17, 2010 PACER
32

STIPULATION of Dismissal without Prejudice as Moot by Dr Correll, Minx Gotti, James Greer, Randall R Hepp, Cathy Jess, Jeffrey Knutsen, Rick Raemisch, Darrick Walker. (Dupuis, Laurence)

Aug. 18, 2010 RECAP

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 17, 2007

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were three transgender women at a Wisconsin Department of Corrections facility who had been diagnosed with Gender Identity Disorder.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of the Wisconsin Department of Corrections, State

Warden of the Dodge Correctional Institution, State

Dodge Correctional Institution Physician, State

Warden of the Jackson Correctional Institution, State

Director of the Wisconsin Department of Corrections Bureau of Health Services, State

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)

Outcome

Prevailing Party: Unknown

Nature of Relief:

Preliminary injunction / Temp. restraining order

Unknown

Source of Relief:

Unknown

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