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

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 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)

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)

Attorney for Plaintiff

Dupuis, Laurence J. (Wisconsin)

Guenther, Erik R. (Wisconsin)

Knight, John A. (Illinois)

Attorney for Defendant

Finkelmeyer, Corey F. (Wisconsin)

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Documents in the Clearinghouse

Document

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

Docket

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

Last updated Dec. 18, 2024, 7:11 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Transgender Healthcare Access Cases

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

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

Available 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

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Medical care, general

Medication, administration of