Case: Battista v. Clarke

1:05-cv-11456 | U.S. District Court for the District of Massachusetts

Filed Date: July 8, 2005

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On July 8, 2005, a civilly committed individual with a diagnosed Gender Dysphoria (GD) in the Massachusetts Treatment Center (MTC) filed a pro se lawsuit in the U.S. District Court for the District of Massachusetts under 42 U.S.C. § 1983 against Massachusetts Department of Corrections and the University of Massachusetts Correctional Health Program. The plaintiff asked the court for declaratory, injunctive, and monetary relief, claiming violations of the Fourteenth Amendment's Due Process Claus,…

On July 8, 2005, a civilly committed individual with a diagnosed Gender Dysphoria (GD) in the Massachusetts Treatment Center (MTC) filed a pro se lawsuit in the U.S. District Court for the District of Massachusetts under 42 U.S.C. § 1983 against Massachusetts Department of Corrections and the University of Massachusetts Correctional Health Program. The plaintiff asked the court for declaratory, injunctive, and monetary relief, claiming violations of the Fourteenth Amendment's Due Process Claus, Equal Protection Clause, and the Eighth Amendment's Cruel and Unusual Punishment Clause. In addition, the plaintiff claimed violations of state law.

Specifically, the plaintiff claimed that for three years the defendants had withheld prescribed treatment for GD for security reasons. The prescribed treatment included psychotherapy, hormone treatment, laser hair removal, and access to feminine clothing and products from the DOC's canteen. The withholding of treatment caused the plaintiff emotional and physical pain. The plaintiff wanted declaratory and injunctive relief along with compensatory damages.

On July 8, 2005, the plaintiff moved for a temporary restraining order to get basic treatment while the case was ongoing. On March 22, 2006, Judge Douglas P. Woodlock appointing counsel to the plaintiff and denying the temporary restraining order; Judge Woodlock also granted the defendants' motion to dismiss the University of Massachusetts Correctional Medical Health Program. 2006 WL 1581528. On January 10, 2008, Judge Woodlock ordered a separate and final judgment in favor of the University of Massachusetts Correctional Health Program. The same day, the plaintiff filed a first amended complaint.

On August 6, 2008, the plaintiff again moved for a preliminary injunction, asking for treatment. On December 9, 2008, Judge Woodlock granted this request for preliminary injunction, requiring defendants to provide the plaintiff with a GD treatment plan set forth in the order to be implemented by the DOC's mental health service provider and medical service provider. He also issued a memorandum outlining resolution of certain issues in connection with the plaintiff's motion for preliminary injunction. 2008 WL 11340291.

On February 10, 2009 Judge Woodlock issued another opinion regarding preliminary injunction noting the "passive aggressive" nature of the defendants, and clarifying the requirement of the clinicians to use their best judgment for treatment. 2009 WL 10675279. A bench trial began on June 14, 2010.

On August 23, 2010, Judge Woodlock issued a modified preliminary injunction order again requiring hormone therapy to begin shortly. 2010 WL 11527104. On August 26, 2010, defendants appealed this order, citing the security concerns that underpin its refusal to administer hormone therapy and contesting the finding of deliberate indifference on their part. On May 23, 2011, the First Circuit Court of Appeals affirmed the judgment of the district court finding that Massachusetts officials were deliberately indifferent to the medical needs of civil detainee or exercised an unreasonable professional judgment by denying her female hormone therapy. 645 F.3d 449 (1st Cir., 2011).

On July 11, 2011, Judge Woodlock issued the final judgment and order, replacing the preliminary injunctions, and the civil case was terminated. The order required the DOC to ensure that the medical and mental health services providers implemented the treatment provisions set out in the order, including providing the plaintiff with female hormone therapy, continued psychotherapy sessions, and access to feminine clothing and products from the DOC's canteen. In addition, the DOC had to continue to house the plaintiff in a single cell in the general population at the treatment center. The DOC was allowed to implement additional security measures deemed necessary to provide for Battista's personal safety within the general population. 2011 WL 3511037.

On August 4, 2011, the plaintiff made a motion for attorneys' fees, which the defendants opposed. This motion was never ruled upon.

The court was notified on March 28, 2014 that the plaintiff was released from the Department of Corrections custody on March 20, 2014. The plaintiff still has representation in the court, but there have been no other developments and the case seems to be closed.

Summary Authors

Jessica Kincaid (11/25/2013)

Will McCartney (3/14/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4282827/parties/battista-v-dennehy/


Judge(s)

Boudin, Michael (Massachusetts)

Souter, David Hackett (New Hampshire)

Stahl, Norman H. (Massachusetts)

Woodlock, Douglas Preston (Massachusetts)

Attorneys(s) for Plaintiff

McSherry, Dana M. (Massachusetts)

Minahan, Neal E. Jr. (Massachusetts)

Sheng, Ada Y. (Massachusetts)

Smith-Lee, Emily E. (Massachusetts)

Attorneys(s) for Defendant

Kennedy, Joan T. (Massachusetts)

McFarland, Richard C. (Massachusetts)

Judge(s)

Boudin, Michael (Massachusetts)

Souter, David Hackett (New Hampshire)

Stahl, Norman H. (Massachusetts)

Woodlock, Douglas Preston (Massachusetts)

Attorneys(s) for Plaintiff

McSherry, Dana M. (Massachusetts)

Minahan, Neal E. Jr. (Massachusetts)

Sheng, Ada Y. (Massachusetts)

Smith-Lee, Emily E. (Massachusetts)

Attorneys(s) for Defendant

Kennedy, Joan T. (Massachusetts)

McFarland, Richard C. (Massachusetts)

O'Shea, Stephen M. (Massachusetts)

Other Attorney(s)

Hughes, Stephen E (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

Battista v. Dennehy

July 22, 2014 Docket
3

First Complaint

Battista v. Dennehy

July 8, 2005 Complaint
42

Memorandum and Order

Battista v. Dennehy

2006 WL 1581528

March 22, 2006 Order/Opinion
81

First Amended Complaint

Jan. 10, 2008 Complaint
120

Preliminary Injunction Order

Battista v. Dennehy

Dec. 9, 2008 Order/Opinion
119

Memorandum

Battista v. Dennehy

Dec. 9, 2008 Order/Opinion
128

Memorandum and Order

Battista v. Dennehy

2009 WL 10675279

Feb. 10, 2009 Order/Opinion
223

Modified Preliminary Injunction Order

2010 WL 11527104

Aug. 23, 2010 Order/Opinion
244

Judgment

U. S. Court of Appeals for the First Circuit

May 20, 2011 Order/Opinion
243

Appellate Court Opinion

U. S. Court of Appeals for the First Circuit

645 F.3d 449

May 23, 2011 Order/Opinion

Resources

Title Description External URL

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4282827/battista-v-dennehy/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Application to Proceed Without Prepayment of Fees and Affidavit by Sandy J. Battista.(Jenness, Susan)

July 8, 2005 RECAP
2

MOTION for Leave to Proceed in forma pauperis by Sandy J. Battista.(Jenness, Susan)

July 8, 2005 RECAP
3

Verified COMPLAINT against Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes, UMass Correctional Health Program Filing fee: $ 0.00, receipt number 0.00, filed by Sandy J. Battista. (Attachments: # (1) Civil Cover Sheet)(Jenness, Susan)

2 Civil Cover Sheet

View on PACER

July 8, 2005 RECAP
4

EXHIBIT re [3] Complaint, by Sandy J. Battista. (Jenness, Susan)

July 8, 2005 RECAP
5

MEMORANDUM OF LAW in support of Application for Temporary Restraining Order and/or in the alternative for Preliminary Injunction by Sandy J. Battista. (Jenness, Susan)

July 8, 2005 RECAP
6

Proposed Document(s) submitted by Sandy J. Battista. Document received: Proposed Order to Show Cause. (Jenness, Susan)

July 8, 2005 RECAP
7

MOTION for Temporary Restraining Order, or in the alternative, MOTION for Preliminary Injunction, by Sandy J. Battista.(Rynne, Michelle) Additional attachment(s) added on 7/12/2005 (Nici, Richard).

July 8, 2005 RECAP
8

Judge Douglas P. Woodlock : SHORT ORDER OF NOTICE entered re [7] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Sandy J. Battista,, [3] Complaint, filed by Sandy J. Battista,, [5] Memorandum of Law. Defendant shall file a response by 7/22/05.(Rynne, Michelle)

July 12, 2005 RECAP
9

Judge Douglas P. Woodlock : ORDER entered granting [1] Motion for Leave to Proceed in forma pauperis, granting [2] Motion for Leave to Proceed in forma pauperis: The Clerk shall issue summonses and the United States Marshal shall serve a copy of the summonses, complaint, and this order upon defendants Kathleen Dennehy, Commissioner, Superintendent Robert Murphy, Steve Fairly, Director of Security, Susan J. Martin, Director of Health Services, Gregory J. Hughes, LICSW, and U. Mass. Correctional Health Program, as directed by plaintiff with all costs of service to be advanced by the United States. (Greenberg, Rebecca)

July 13, 2005 RECAP
10

Opposition re [7] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (McFarland, Richard)

July 22, 2005 RECAP
11

MEMORANDUM in Opposition re [7] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1))(McFarland, Richard)

July 22, 2005 RECAP
12

MOTION for Leave to File Memorandum of Law in Excess of Twenty Pages by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(McFarland, Richard)

July 22, 2005 RECAP
13

CERTIFICATE OF SERVICE by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes re [12] MOTION for Leave to File Memorandum of Law in Excess of Twenty Pages, [10] Opposition to Motion, [11] Memorandum in Opposition to Motion. (McFarland, Richard)

July 22, 2005 RECAP
14

Response by UMass Correctional Health Program To Plaintiff's Application For A Temporary Restraining Order. (O'Shea, Stephen) Additional attachment(s) added on 8/2/2005 (Nici, Richard).

July 27, 2005 RECAP
15

Plaintiff's MOTION for Leave to File a reply to opposition of defendant's Kathleen Dennehy, Robert Murphy, Susan Martin, Steven Fairly and Gregory Hughes to Plaintiff's request for a preliminary injunction by Sandy J. Battista.(Nici, Richard)

Aug. 1, 2005 RECAP
16

NOTICE of Plaintiff not to oppose relief requested in response of defendant, UMass Correctional Health Program, to plaintiff's application for a temporary restraining order, and/or in the alternative, for a preliminary injunction by Sandy J. Battista (Nici, Richard).

Aug. 3, 2005 RECAP
17

SUMMONS Returned Executed Steve Fairly served on 8/3/2005, answer due 8/23/2005. (Nici, Richard)

Aug. 4, 2005 RECAP
18

SUMMONS Returned Executed Robert Murphy served on 8/3/2005, answer due 8/23/2005. (Nici, Richard)

Aug. 4, 2005 RECAP
19

MOTION to Dismiss by UMass Correctional Health Program.(O'Shea, Stephen)

Aug. 10, 2005 RECAP
20

MEMORANDUM in Support re [19] MOTION to Dismiss filed by UMass Correctional Health Program. (O'Shea, Stephen)

Aug. 10, 2005 RECAP
21

MOTION for Consolidation of Evidentiary Hearings by Sandy J. Battista.(Nici, Richard)

Aug. 11, 2005 RECAP
23

MOTION for Evidentiary Hearing by Sandy J. Battista.(Nici, Richard)

Aug. 11, 2005 RECAP
24

REPLY to Response to Motion re [7] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Sandy J. Battista. (Attachments: # (1) Part 2# (2) Part 3)(Nici, Richard)

2 Part 2

View on PACER

3 Part 3

View on PACER

Aug. 11, 2005 RECAP
22

MOTION for Court to call witnesses as it's own by Sandy J. Battista.(Nici, Richard)

Aug. 12, 2005 RECAP
25

SUMMONS Returned Executed Gregory J. Hughes served on 8/9/2005, answer due 8/29/2005. (Nici, Richard)

Aug. 17, 2005 RECAP
26

SUMMONS Returned Executed Susan J Martin served on 8/9/2005, answer due 8/29/2005. (Nici, Richard)

Aug. 17, 2005 RECAP
27

SUMMONS Returned Executed Kathleen M. Dennehy served on 8/8/2005, answer due 8/29/2005. (Nici, Richard)

Aug. 17, 2005 RECAP
28

SUMMONS Returned Executed UMass Correctional Health Program served on 8/5/2005, answer due 8/25/2005. (Nici, Richard)

Aug. 17, 2005 RECAP
29

MEMORANDUM in Opposition re [19] MOTION to Dismiss filed by Sandy J. Battista. (Nici, Richard)

Aug. 18, 2005 RECAP
30

MEMORANDUM in Support re [19] MOTION to Dismiss filed by Sandy J. Battista. (Nici, Richard)

Aug. 18, 2005 RECAP
31

MOTION for Leave to Supplement plaintiff's pending application for a preliminary injunction by Sandy J. Battista.(Nici, Richard)

Oct. 19, 2005 RECAP
32

AFFIDAVIT of Sandy J. Baptista re [31] MOTION for Leave to File by Sandy J. Battista. (Nici, Richard)

Oct. 19, 2005 RECAP
33

RESPONSE to Motion re [31] MOTION for Leave to File filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Affidavit)(McFarland, Richard)

2 Affidavit

View on PACER

Oct. 26, 2005 RECAP
34

MOTION to exclude report of Cynthis S. Osbourne and or Motion to strike by Sandy J. Battista.(Nici, Richard)

Nov. 7, 2005 RECAP
35

MEMORANDUM in Support re [34] MOTION to exclude report of Cynthis S. Osbourne and or Motion to strike filed by Sandy J. Battista. (Attachments: # (1) Part 2)(Nici, Richard)

2 Part 2

View on PACER

Nov. 7, 2005 RECAP
36

MOTION for Sanctions Against Plaintiff For Improper Communications With Defendants' Expert Witness by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Exhibit)(McFarland, Richard)

2 Exhibit

View on PACER

Nov. 23, 2005 RECAP
37

Cross MOTION for Sanctions by Sandy J. Battista.(Nici, Richard)

Dec. 5, 2005 RECAP
38

Letter/request (non-motion) from Sandy Battista. Mailed a copy of the docket to Ms. Battista. (Nici, Richard)

Jan. 30, 2006 RECAP
39

MOTION to Appoint Counsel by Sandy J. Battista. (Attachments: # (1) Affidavit)(Nici, Richard)

2 Affidavit

View on PACER

March 13, 2006 RECAP
40

MEMORANDUM in Support re [39] MOTION to Appoint Counsel filed by Sandy J. Battista. (Nici, Richard)

March 13, 2006 RECAP
41

Opposition re [39] MOTION to Appoint Counsel filed by UMass Correctional Health Program. (Brighton, Anthony)

March 22, 2006 RECAP
42

Judge Douglas P. Woodlock : MEMORANDUM AND ORDER entered granting [39] Motion to Appoint Counsel, denying [7] Motion for Preliminary Injunction, denying [7] Motion for TRO, granting [19] Motion to Dismiss and directing consolidation of this case with Civil Action No. 05-12823 for purposes of appointing the same counsel to conduct the litigation. (Woodlock, Douglas) Additional attachment(s) added on 3/23/2006 (Rynne, Michelle).

March 22, 2006 RECAP
43

Judge Douglas P. Woodlock : ORDER entered. Order Appointing Pro Bono Counsel: It is ORDERED that Julie A. Hardy, Esq. is appointed to represent the plaintiff under the provisions of the United States District Court Plan for the Appointment of Counsel For Indigent Parties in Civil Cases, unless this appointment is declined by written notice (copy to pro bono coordinator) within twenty-one (21) days from the date of this Order. Once this order takes effect, appointed counsel or his or her designated associate(s) shall: (1) promptly file a Notice of Appearance in this action; and (2) serve until the litigation is terminated or the Court enters an order revoking said appointment. Contact: Julie A. Baker, Esq. 120 Tremont Street, Suite 370J, Boston, MA 02108(617)573-8136, BBO #557047. (PSSA, 1)

March 30, 2006 RECAP
44

MOTION for Entry of Judgment under Rule 54(b) by UMass Correctional Health Program.(Brighton, Anthony)

April 19, 2006 RECAP
45

MEMORANDUM in Support re [44] MOTION for Entry of Judgment under Rule 54(b) filed by UMass Correctional Health Program. (Attachments: # (1) # (2))(Brighton, Anthony)

April 19, 2006 RECAP
46

NOTICE of intent not to oppose motion of defendant by Sandy J. Battista (Nici, Richard) Additional attachment(s) added on 5/9/2006 (Nici, Richard).

May 8, 2006 RECAP
47

NOTICE of Hearing : Scheduling Conference set for 10/12/2006 03:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. All pending matters will be addressed at this conference.(Rynne, Michelle)

Sept. 12, 2006 RECAP
48

MOTION for Reconsideration by Sandy J. Battista. (Attachments: # (1) Affidavit)(Nici, Richard)

2 Affidavit

View on PACER

Nov. 20, 2006 RECAP
49

Opposition re [48] MOTION for Reconsideration filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Affidavit)(McFarland, Richard)

2 Affidavit

View on PACER

Dec. 4, 2006 RECAP
50

MOTION for Discovery - Order Compelling Plaintiff to Submit to a Mental Examination by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(McFarland, Richard)

Dec. 4, 2006 RECAP
51

MEMORANDUM in Support re [50] MOTION for Discovery - Order Compelling Plaintiff to Submit to a Mental Examination filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Exhibit)(McFarland, Richard)

2 Exhibit

View on PACER

Dec. 4, 2006 RECAP
52

MOTION for Leave to File by Sandy J. Battista. (Attachments: # (1) # (2) Exhibit)(Nici, Richard)

3 Exhibit

View on PACER

Dec. 18, 2006 RECAP
53

MEMORANDUM in Opposition re [50] MOTION for Discovery - Order Compelling Plaintiff to Submit to a Mental Examination filed by Sandy J. Battista. (Nici, Richard)

Dec. 18, 2006 RECAP
54

MEMORANDUM OF LAW by Sandy J. Battista to [53] Memorandum in Opposition to Motion. Exhibits filed and not scanned.(Nici, Richard)

Dec. 18, 2006 RECAP
55

Letter/request (non-motion) from S. Baptista. (Nici, Richard)

Feb. 8, 2007 RECAP
56

Judge Douglas P. Woodlock : ORDER entered. [Summary of Text: On January 9, 2007, Plaintiff sent a letter to the Pro Se Staff Attorneys Office requesting a list of ten (10) of the major law firms and their addresses, so that she may write to them personally with a procedural outline of her claims, and forward to them documentary evidence for their consideration. The basis for this request is that she was informed that obtaining pro bono counsel takes time, and that in her view, counsel would be more inclined to accept an appointment knowing the facts and evidence of her cases. Plaintiff's request is DENIED. The Court will not approve of the dissemination of this its confidential list of its pro bono contacts or sources....While Plaintiff may, of course, make her own efforts to secure counsel to represent her, she may not represent to any law firms or attorneys that this Court endorsed the direct solicitation. Alternatively, if Plaintiff does not wish the Pro Bono Coordinators to continue their efforts because of the time delay, she may elect to withdraw her request for a successor appointment of pro bono counsel, and proceed pro se, by filing a Notice with the Court.](PSSA, 1)

Feb. 12, 2007 RECAP
57

Judge Douglas P. Woodlock : ORDER FOR APPOINTMENT OF PRO BONO COUNSEL AND ORDER ON PENDING MOTIONS entered: it is hereby Ordered that Erin Anderson, Esq. is appointed as successor pro bono counsel to Attorney Julie A. Baker to represent the Plaintiff Sandy J. Battista in C.A 05-12383-DPW and C.A. 05-11456-DPW. Contact Information for pro bono counsel is: Erin Anderson, Esq., P.O. Box 934, York Harbor, Maine 03911 (207)363-9113 (fax)(774) 888-9043 (cell) e-mail: erino27@yahoo.com. It is Further Ordered that Plaintiff's pro se Motion for Reconsideration of the Application for a Temporary Restraining Order (#48), Defendants' Motion for an Order Compelling Plaintiff to Submit to a Mental Examination (#50), Defendant University of Massachusetts's Motion for Entry of Separate and Final Judgment (#44), and Plaintiff's Motion for Leave to File a Reply (#52) are all DENIED without prejudice. The parties may reassert such terminated motions no earlier than forty-five (45) days from the date of this Order in order to permit newly appointed counsel a reasonable period to assess the issues in these cases. The parties are reminded that any motion submitted to the Court must comply with Local Rule 7.1. (PSSA, 1) Modified on 3/22/2007 to correct typographical errors. (PSSA, 1).

March 22, 2007 RECAP
58

MOTION for Extension of Time by Sandy J. Battista.(Nici, Richard)

May 9, 2007 RECAP
59

MOTION for Entry of Judgment under Rule 54(b) by UMass Correctional Health Program.(Brighton, Anthony)

May 10, 2007 RECAP
60

MEMORANDUM in Support re [59] MOTION for Entry of Judgment under Rule 54(b) filed by UMass Correctional Health Program. (Attachments: # (1) Exhibit Exhibit A# (2) Exhibit Exhibit B)(Brighton, Anthony)

2 Exhibit Exhibit A

View on PACER

3 Exhibit Exhibit B

View on PACER

May 10, 2007 RECAP
61

MOTION for Extension of Time to 10/26/07 to Complete Discovery Pursuant to Fed. R. Civ. P. 56(f) by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Affidavit)(McFarland, Richard)

2 Affidavit

View on PACER

June 26, 2007 RECAP
62

MOTION for Discovery -Renewed Motion for Order Compelling Plaintiff to Submit to Mental Examinations by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(McFarland, Richard)

June 26, 2007 RECAP
63

MEMORANDUM in Support re [62] MOTION for Discovery -Renewed Motion for Order Compelling Plaintiff to Submit to Mental Examinations filed by Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Attachments: # (1) Exhibit)(McFarland, Richard)

2 Exhibit

View on PACER

June 26, 2007 RECAP
64

MOTION for Protective Order by Sandy J. Battista.(Nici, Richard)

July 10, 2007 RECAP
65

MEMORANDUM in Opposition re [61] MOTION for Extension of Time to 10/26/07 to Complete Discovery Pursuant to Fed. R. Civ. P. 56(f), [62] MOTION for Discovery -Renewed Motion for Order Compelling Plaintiff to Submit to Mental Examinations filed by Sandy J. Battista. (Nici, Richard)

July 10, 2007 RECAP
66

MEMORANDUM in Support re [64] MOTION for Protective Order filed by Sandy J. Battista. (Attachments: # (1) Exhibit)(Nici, Richard)

2 Exhibit

View on PACER

July 10, 2007 RECAP
67

Letter/request (non-motion) from New Mexico Legal Aid. (Nici, Richard)

July 12, 2007 RECAP
68

Letter/request (non-motion) from Sandy Baptista. (Nici, Richard)

Oct. 26, 2007 RECAP
69

Letter/request (non-motion) from S. Battista. (Nici, Richard)

Nov. 5, 2007 RECAP
70

Judge Douglas P. Woodlock : ORDER entered. Order Appointing Pro Bono Counsel. There being sufficient cause to exercise the discretionary power of the Court to appoint counsel, it is ORDERED that McDermott Will & Emery LLP is appointed to represent the plaintiff under the provisions of the United States District Court Plan for the Appointment of Counsel For Indigent Parties in Civil Cases, unless this appointment is declined by written notice (copy to pro bono coordinator) within twenty-one (21) days from the date of this Order. Once this order takes effect, appointed counsel or his or her designated associate(s) shall: (1) promptly file a Notice of Appearance in this action; and (2) serve until the litigation is terminated or the Court enters an order revoking said appointment. Contact names: Neal E. Minahan, Jr., Esq.,Emily E. Smith-Lee, Esq.,Ada Sheng, Esq.(PSSA, 1)

Nov. 16, 2007 RECAP
71

NOTICE of Appearance by Neal E. Minahan, Jr on behalf of Sandy J. Battista (Minahan, Neal)

Nov. 20, 2007 RECAP
72

NOTICE of Appearance by Emily E. Smith-Lee on behalf of Sandy J. Battista (Smith-Lee, Emily)

Nov. 28, 2007 RECAP
73

STATUS REPORT JOINTLY FILED by Sandy J. Battista, Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes. (Minahan, Neal)

Dec. 5, 2007 RECAP
74

NOTICE of Appearance by Dana M. McSherry on behalf of Sandy J. Battista (McSherry, Dana)

Dec. 7, 2007 RECAP
75

NOTICE of Appearance by Joan T. Kennedy on behalf of Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes (Kennedy, Joan)

Dec. 7, 2007 RECAP
76

NOTICE of Appearance by Ada Y. Sheng on behalf of Sandy J. Battista (Sheng, Ada)

Dec. 10, 2007 RECAP
77

MOTION for Leave to File First Amended Complaint by Sandy J. Battista. (Attachments: # (1) Exhibit 1)(Minahan, Neal)

2 Exhibit 1

View on PACER

Jan. 8, 2008 RECAP
78

NOTICE by Sandy J. Battista of Non-Opposition (Minahan, Neal)

Jan. 8, 2008 RECAP
79

Judge Douglas P. Woodlock: ORDER entered granting [77] Motion for Leave to File. The proposed First Amended Complaint (#77) is now the operative pleading in this action. Additionally, the earlier denial of the Motion for Entry of Judgment Under Rule 54(b) by University of Massachusetts Correctional Health Program (#59) is VACATED and the Clerk is to enter Separate and Final Judgment for University of Massachusetts Correctional Health Program, based on the March 22, 2006 Memorandum and Order (#42). (PSSA, 1)

Jan. 10, 2008 RECAP
80

Judge Douglas P. Woodlock: ORDER entered. SEPARATE AND FINAL JUDGMENT in favor of University of Massachusetts Correctional Health Program against Sandy Jo Battista.(PSSA, 1)

Jan. 10, 2008 RECAP
81

First AMENDED COMPLAINT against Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin, filed by Sandy J. Battista. (Attachments: # (1) Exhibit A)(Minahan, Neal)

2 Exhibit A

View on PACER

Jan. 10, 2008 RECAP
82

Summons Issued as to Terre K. Marshall, Harold W. Clarke. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Seelye, Terri)

Jan. 10, 2008 RECAP
85

MOTION to Dismiss Counts III-IX by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin.(McFarland, Richard)

Jan. 28, 2008 RECAP
86

MEMORANDUM in Support re [85] MOTION to Dismiss Counts III-IX filed by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin. (McFarland, Richard)

Jan. 28, 2008 RECAP
87

CERTIFICATE OF CONSULTATION re [85] MOTION to Dismiss Counts III-IX. (McFarland, Richard)

Jan. 28, 2008 RECAP
88

Assented to MOTION for Extension of Time to February 15, 2008 to File Opposition to Defendants' Motion to Dismiss by Sandy J. Battista.(Minahan, Neal)

Feb. 11, 2008 RECAP
89

Opposition re [85] MOTION to Dismiss Counts III-IX filed by Sandy J. Battista. (Sheng, Ada)

Feb. 15, 2008 RECAP
90

MOTION for Protective Order by Sandy J. Battista.(McSherry, Dana)

Feb. 29, 2008 RECAP
91

MEMORANDUM in Support re [90] MOTION for Protective Order filed by Sandy J. Battista. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(McSherry, Dana)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Feb. 29, 2008 RECAP
92

MEMORANDUM in Opposition re [90] MOTION for Protective Order filed by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin. (Attachments: # (1) Exhibit, # (2) Exhibit)(McFarland, Richard)

2 Exhibit

View on PACER

3 Exhibit

View on PACER

March 6, 2008 RECAP
93

MOTION for Leave to File Reply to Defendants' Opposition to Protective Order by Sandy J. Battista. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Sheng, Ada)

2 Exhibit 1

View on PACER

3 Exhibit 2

View on PACER

March 21, 2008 RECAP
94

REPLY to Response to [90] MOTION for Protective Order filed by Sandy J. Battista. (Attachments: # (1) Exhibit 1)(Smith-Lee, Emily) Modified text on 3/26/2008 (Seelye, Terri).

2 Exhibit 1

View on PACER

March 24, 2008 RECAP
95

STATUS REPORT (JOINT) by Sandy J. Battista. (Sheng, Ada)

Aug. 5, 2008 RECAP
96

MOTION for Preliminary Injunction by Sandy J. Battista.(Smith-Lee, Emily)

Aug. 6, 2008 RECAP
97

MEMORANDUM in Support re [96] MOTION for Preliminary Injunction filed by Sandy J. Battista. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Exhibit R, # (19) Exhibit S, # (20) Exhibit T, # (21) Exhibit U, # (22) Exhibit V, # (23) Exhibit W, # (24) Exhibit X, # (25) Exhibit Y)(Smith-Lee, Emily)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit F

View on PACER

8 Exhibit G

View on PACER

9 Exhibit H

View on PACER

10 Exhibit I

View on PACER

11 Exhibit J

View on PACER

12 Exhibit K

View on PACER

13 Exhibit L

View on PACER

14 Exhibit M

View on PACER

15 Exhibit N

View on PACER

16 Exhibit Exhibit O

View on PACER

17 Exhibit P

View on PACER

18 Exhibit Q

View on PACER

19 Exhibit R

View on PACER

20 Exhibit S

View on PACER

21 Exhibit T

View on PACER

22 Exhibit U

View on PACER

23 Exhibit V

View on PACER

24 Exhibit W

View on PACER

25 Exhibit X

View on PACER

26 Exhibit Y

View on PACER

Aug. 6, 2008 RECAP
98

MOTION for Extension of Time to Two Weeks to File Rebuttal Expert Report by Sandy J. Battista. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Smith-Lee, Emily)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

Aug. 6, 2008 RECAP
99

MOTION for Extension of Time to September 5, 2008 to Respond to [96] Plaintiff's Renewed Motion for Preliminary Injunction by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin.(McFarland, Richard)

Aug. 11, 2008 RECAP
100

FILING ERROR - FILED PREMATURELY AS LEAVE NOT GRANTED - ANSWER to [81] Amended Complaint by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin.(McFarland, Richard) Modified text on 8/15/2008 (Seelye, Terri).

Aug. 14, 2008 RECAP
101

MOTION for Leave to File Answer by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Susan J Martin. (Attachments: # (1) Affidavit Counsel)(McFarland, Richard)

2 Affidavit Counsel

View on PACER

Aug. 14, 2008 RECAP
102

ANSWER to First Amended Complaint with Jury Demand by Terre K. Marshall, Harold W. Clarke, Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes.(Kennedy, Joan) Related Document [81]. Modified text & created link on 8/19/2008 (Seelye, Terri).

Aug. 18, 2008 RECAP

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 8, 2005

Closing Date: 2014

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Prisoner with Gender Identity Disorder in the Massachusetts state prison system.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

University of Massachusetts Correctional Medical Health Program , State

Massachusetts Department of Corrections , State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

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

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2008 - 2011

Content of Injunction:

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Discrimination-basis:

Gender identity

Affected Gender:

Female

Medical/Mental Health:

Medication, administration of

Mental health care, general

Type of Facility:

Government-run