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

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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. Represented by attorneys from the Lambda Legal Defense and Education Fund, Inc., and the ACLU Foundation, Inc., the Plaintiffs named employ…

Represented by attorneys from the Lambda Legal Defense and Education Fund, Inc., and the ACLU Foundation, Inc., the Plaintiffs named employees and/or officials of DOC and a few correctional institutions as Defendants. The 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) 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)

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)

Attorney for Plaintiff

Dupuis, Laurence J. (Wisconsin)

Guenther, Erik R. (Wisconsin)

Knight, John A. (Illinois)

Attorney for Defendant

Finkelmeyer, Corey F. (Wisconsin)

Judge(s)

Clevert, Charles N. Jr. (Wisconsin)

Attorney for Plaintiff

Dupuis, Laurence J. (Wisconsin)

Guenther, Erik R. (Wisconsin)

Knight, John A. (Illinois)

Levasseur, Dru M. (New York)

Thaler, Cole A. (Georgia)

Attorney for Defendant

Finkelmeyer, Corey F. (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Sullivan, Francis X. (Wisconsin)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:07-cv-00928	Docket	Aug. 18, 2010	Aug. 18, 2010 Docket
2 2:07-cv-00928	Plaintiff's Emergency Motion for a Preliminary Injunction Enjoining Defendants from Reducing or Terminating Minx Gotti's Hormone Therapy	Oct. 17, 2007	Oct. 17, 2007 Pleading / Motion / Brief
7 2:07-cv-00928	Order Granting Plaintiff's Emergency Motion for a Preliminary Injunction Enjoining Defendants from Reducing or Terminating Minx Gotti's Hormone Therapy	Oct. 18, 2007	Oct. 18, 2007 Order/Opinion
27 2:07-cv-00928	Second Amended Complaint for Declarative and Injunctive Relief	April 1, 2009	April 1, 2009 Complaint

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Docket

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

Last updated Aug. 24, 2026, 7:08 p.m.

Docket for: Gotti v. Raemisch

ECF Number	Date	Description	Link
1	Oct. 17, 2007	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)	RECAP
2	Oct. 17, 2007	EMERGENCY MOTION for Preliminary Injunction by Minx Gotti. (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)	RECAP
3	Oct. 17, 2007	PROPOSED ORDER regarding Motion for Preliminary Injunction filed by Minx Gotti. (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)	RECAP
4	Oct. 17, 2007	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)	RECAP
5	Oct. 17, 2007	STIPULATION to the Entry of Preliminary Injunctive Relief by all parties. (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)	RECAP
6	Oct. 18, 2007	LETTER from Deputy Clerk to counsel requesting Certificate of Interest. (mlm)	RECAP
7	Oct. 18, 2007	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.)	RECAP
8	Oct. 19, 2007	CERTIFICATE of Interest by all plaintiffs. (Dupuis, Laurence)	RECAP
9	Nov. 5, 2007	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	RECAP
10	Nov. 6, 2007	Docket Annotation to Atty Schmelzer re: doc. 9. (kah)	RECAP
11	Nov. 6, 2007	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)	RECAP
12	Nov. 6, 2007	CERTIFICATE OF SERVICE by Minx Gotti Executed Waiver of Service of Summons (Dupuis, Laurence)	RECAP
13	Dec. 19, 2007	REPORT of Rule 26(f) Plan by all parties. (Knight, John)	RECAP
14	Dec. 19, 2007	CERTIFICATE OF SERVICE by Minx Gotti (Knight, John)	RECAP
15	Feb. 12, 2008	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)	RECAP
16	April 25, 2008	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)	RECAP
17	April 25, 2008	STIPULATION to the Addition of Plaintiff Jeffrey Knutsen, and to the Extension of Preliminary Injunctive Relief to Her by all parties. (Thaler, Cole)	RECAP
18	April 25, 2008	CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)	RECAP
19	May 2, 2008	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)	RECAP
21	May 2, 2008	AMENDED COMPLAINT against all defendants filed by Jeffrey Knutsen, Minx Gotti. (kah) (Entered: 05/06/2008)	RECAP
20	May 5, 2008	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	RECAP
22	March 24, 2009	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).	RECAP
23	March 24, 2009	STIPULATION TO THE ADDITION OF PLAINTIFF DARRICK WALKER, AND TO THE EXTENSION OF PRELIMINARY INJUNCTIVE RELIEF TO HER by all parties. (Thaler, Cole)	RECAP
24	March 25, 2009	Docket Annotation to Atty Thaler re: doc. 22. (kah)	RECAP
25	March 25, 2009	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)	RECAP
26	April 1, 2009	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)	RECAP
27	April 1, 2009	SECOND AMENDED COMPLAINT against all defendants filed by all pltfs; added Darrick Walker. (kah) (Entered: 04/03/2009)	RECAP
28	April 13, 2009	ANSWER to 27 Amended Complaint by all defendants. (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)	RECAP
29	April 16, 2010	NOTICE of Appearance by Dru M Levasseur on behalf of All Plaintiffs. Attorney(s) appearing: M. Dru Levasseur (Levasseur, Dru)	RECAP
30	May 13, 2010	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)	RECAP
31	June 17, 2010	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)	RECAP
32	Aug. 18, 2010	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)	RECAP