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)

Attorney for Plaintiff

McSherry, Dana M. (Massachusetts)

Attorney for Defendant

Kennedy, Joan T. (Massachusetts)

McFarland, Richard C. (Massachusetts)

Expert/Monitor/Master/Other

Hughes, Stephen E (Massachusetts)

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Documents in the Clearinghouse

Document

1:05-cv-11456

Docket [PACER]

Battista v. Dennehy

July 22, 2014

July 22, 2014

Docket
3

1:05-cv-11456

First Complaint

Battista v. Dennehy

July 8, 2005

July 8, 2005

Complaint
42

1:05-cv-11456

Memorandum and Order

Battista v. Dennehy

March 22, 2006

March 22, 2006

Order/Opinion

2006 WL 1581528

81

1:05-cv-11456

First Amended Complaint

Jan. 10, 2008

Jan. 10, 2008

Complaint
120

1:05-cv-11456

Preliminary Injunction Order

Battista v. Dennehy

Dec. 9, 2008

Dec. 9, 2008

Order/Opinion
119

1:05-cv-11456

Memorandum

Battista v. Dennehy

Dec. 9, 2008

Dec. 9, 2008

Order/Opinion
128

1:05-cv-11456

Memorandum and Order

Battista v. Dennehy

Feb. 10, 2009

Feb. 10, 2009

Order/Opinion

2009 WL 10675279

223

1:05-cv-11456

Modified Preliminary Injunction Order

Aug. 23, 2010

Aug. 23, 2010

Order/Opinion

2010 WL 11527104

244

1:05-cv-11456

10-01965

Judgment

U.S. Court of Appeals for the First Circuit

May 20, 2011

May 20, 2011

Order/Opinion
243

1:05-cv-11456

10-01965

Appellate Court Opinion

U.S. Court of Appeals for the First Circuit

May 23, 2011

May 23, 2011

Order/Opinion

645 F.3d 449

Docket

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

Last updated Feb. 5, 2025, 4:31 a.m.

ECF Number Description Date Link Date / Link
1

Application to Proceed Without Prepayment of Fees and Affidavit by Sandy J. Battista.(Jenness, Susan) (Entered: 07/11/2005)

July 8, 2005

July 8, 2005

RECAP
2

MOTION for Leave to Proceed in forma pauperis by Sandy J. Battista.(Jenness, Susan) (Entered: 07/11/2005)

July 8, 2005

July 8, 2005

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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) (Entered: 07/11/2005)

2 Civil Cover Sheet

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July 8, 2005

July 8, 2005

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4

EXHIBIT re 3 Complaint, by Sandy J. Battista. (Jenness, Susan) (Entered: 07/11/2005)

July 8, 2005

July 8, 2005

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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) (Entered: 07/11/2005)

July 8, 2005

July 8, 2005

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6

Proposed Document(s) submitted by Sandy J. Battista. Document received: Proposed Order to Show Cause. (Jenness, Susan) (Entered: 07/11/2005)

July 8, 2005

July 8, 2005

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If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Dein. (Jenness, Susan)

July 8, 2005

July 8, 2005

PACER
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). (Entered: 07/12/2005)

July 8, 2005

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) (Entered: 07/12/2005)

July 12, 2005

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) (Entered: 07/13/2005)

July 13, 2005

July 13, 2005

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Summons Issued as to Kathleen M. Dennehy, Robert Murphy, Steve Fairly, Susan J Martin, Gregory J. Hughes, UMass Correctional Health Program. (Greenberg, Rebecca)

July 13, 2005

July 13, 2005

PACER
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) (Entered: 07/22/2005)

July 22, 2005

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) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

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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) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

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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) (Entered: 07/22/2005)

July 22, 2005

July 22, 2005

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Judge Douglas P. Woodlock : Electronic ORDER entered granting 12 Motion for Leave to File excess pages (Rynne, Michelle)

July 25, 2005

July 25, 2005

PACER
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). (Entered: 07/27/2005)

July 27, 2005

July 27, 2005

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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) (Entered: 08/02/2005)

Aug. 1, 2005

Aug. 1, 2005

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Notice of correction to docket made by Court staff. Correction: docket entry #14 corrected because: the document was unsigned. (Nici, Richard)

Aug. 2, 2005

Aug. 2, 2005

PACER
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). (Entered: 08/04/2005)

Aug. 3, 2005

Aug. 3, 2005

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Judge Douglas P. Woodlock : Electronic ORDER entered granting 15 Motion for Leave to File reply to motion for preliminary injunction. Reply due 8/18/05. (Rynne, Michelle)

Aug. 4, 2005

Aug. 4, 2005

PACER

Set/Reset Deadlines as to 7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order. Replies due by 8/15/2005. (Rynne, Michelle)

Aug. 4, 2005

Aug. 4, 2005

PACER
17

SUMMONS Returned Executed Steve Fairly served on 8/3/2005, answer due 8/23/2005. (Nici, Richard) (Entered: 08/08/2005)

Aug. 4, 2005

Aug. 4, 2005

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18

SUMMONS Returned Executed Robert Murphy served on 8/3/2005, answer due 8/23/2005. (Nici, Richard) (Entered: 08/08/2005)

Aug. 4, 2005

Aug. 4, 2005

RECAP
19

MOTION to Dismiss by UMass Correctional Health Program.(O'Shea, Stephen) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

RECAP
20

MEMORANDUM in Support re 19 MOTION to Dismiss filed by UMass Correctional Health Program. (O'Shea, Stephen) (Entered: 08/10/2005)

Aug. 10, 2005

Aug. 10, 2005

RECAP
21

MOTION for Consolidation of Evidentiary Hearings by Sandy J. Battista.(Nici, Richard) (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

RECAP
23

MOTION for Evidentiary Hearing by Sandy J. Battista.(Nici, Richard) (Entered: 08/12/2005)

Aug. 11, 2005

Aug. 11, 2005

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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) (Entered: 08/15/2005)

2 Part 2

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3 Part 3

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Aug. 11, 2005

Aug. 11, 2005

RECAP
22

MOTION for Court to call witnesses as it's own by Sandy J. Battista.(Nici, Richard) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

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25

SUMMONS Returned Executed Gregory J. Hughes served on 8/9/2005, answer due 8/29/2005. (Nici, Richard) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

RECAP
26

SUMMONS Returned Executed Susan J Martin served on 8/9/2005, answer due 8/29/2005. (Nici, Richard) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

RECAP
27

SUMMONS Returned Executed Kathleen M. Dennehy served on 8/8/2005, answer due 8/29/2005. (Nici, Richard) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

RECAP
28

SUMMONS Returned Executed UMass Correctional Health Program served on 8/5/2005, answer due 8/25/2005. (Nici, Richard) (Entered: 08/17/2005)

Aug. 17, 2005

Aug. 17, 2005

RECAP

Judge Douglas P. Woodlock : Electronic ORDER entered. ELECTRONIC ORDER REQUIRING ELECTRONIC FILING. It is hereby ORDERED that, unless leave is granted, upon good cause shown, to file paper documents in lieu of electronic filing via this Court's CM/ECF system, ALL future submissions in this case must be electronically filed. Such filings shall be made in accordance with, and subject to, the terms and conditions of electronic filing as set forth by this Court. All parties and counsel who choose to appear in this action must make arrangements to register for participation in electronic case filing, if they have not already done so. It is FURTHER ORDERED that Notices, Orders and Memoranda of the Court will only be filed and served electronically. Once a party or counsel has registered for electronic filing, it is his/her responsibility to monitor his/her e-mail to ensure receipt of electronic notices. Any changes in e-mail addresses must be reported to the Court immediately(Nici, Richard).

Aug. 17, 2005

Aug. 17, 2005

PACER
29

MEMORANDUM in Opposition re 19 MOTION to Dismiss filed by Sandy J. Battista. (Nici, Richard) (Entered: 08/25/2005)

Aug. 18, 2005

Aug. 18, 2005

RECAP
30

MEMORANDUM in Support re 19 MOTION to Dismiss filed by Sandy J. Battista. (Nici, Richard) (Entered: 08/25/2005)

Aug. 18, 2005

Aug. 18, 2005

RECAP
31

MOTION for Leave to Supplement plaintiff's pending application for a preliminary injunction by Sandy J. Battista.(Nici, Richard) (Entered: 10/20/2005)

Oct. 19, 2005

Oct. 19, 2005

RECAP
32

AFFIDAVIT of Sandy J. Baptista re 31 MOTION for Leave to File by Sandy J. Battista. (Nici, Richard) (Entered: 10/20/2005)

Oct. 19, 2005

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) (Entered: 10/26/2005)

2 Affidavit

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Oct. 26, 2005

Oct. 26, 2005

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34

MOTION to exclude report of Cynthis S. Osbourne and or Motion to strike by Sandy J. Battista.(Nici, Richard) (Entered: 11/08/2005)

Nov. 7, 2005

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) (Entered: 11/08/2005)

2 Part 2

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Nov. 7, 2005

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) (Entered: 11/23/2005)

2 Exhibit

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Nov. 23, 2005

Nov. 23, 2005

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37

Cross MOTION for Sanctions by Sandy J. Battista.(Nici, Richard) (Entered: 12/06/2005)

Dec. 5, 2005

Dec. 5, 2005

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38

Letter/request (non-motion) from Sandy Battista. Mailed a copy of the docket to Ms. Battista. (Nici, Richard) (Entered: 01/31/2006)

Jan. 30, 2006

Jan. 30, 2006

RECAP
39

MOTION to Appoint Counsel by Sandy J. Battista. (Attachments: # 1 Affidavit)(Nici, Richard) (Entered: 03/15/2006)

2 Affidavit

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March 13, 2006

March 13, 2006

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40

MEMORANDUM in Support re 39 MOTION to Appoint Counsel filed by Sandy J. Battista. (Nici, Richard) (Entered: 03/15/2006)

March 13, 2006

March 13, 2006

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41

Opposition re 39 MOTION to Appoint Counsel filed by UMass Correctional Health Program. (Brighton, Anthony) (Entered: 03/22/2006)

March 22, 2006

March 22, 2006

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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). (Entered: 03/23/2006)

March 22, 2006

March 22, 2006

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Judge Douglas P. Woodlock : ORDER entered terminating 31 Motion for Leave to File, terminating 34 Motion to exclude, denying 36 Motion for Sanctions, denying 37 Motion for Sanctions, terminating 21 Motion for consolidation of hearings, terminating 22 Motion for Court to call witnesses, terminating 23 Motion for Hearing (Woodlock, Douglas)

March 23, 2006

March 23, 2006

PACER
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) (Entered: 03/30/2006)

March 30, 2006

March 30, 2006

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44

MOTION for Entry of Judgment under Rule 54(b) by UMass Correctional Health Program.(Brighton, Anthony) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

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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) (Entered: 04/19/2006)

April 19, 2006

April 19, 2006

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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). (Entered: 05/09/2006)

May 8, 2006

May 8, 2006

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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) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

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ELECTRONIC NOTICE Cancelling Hearing. Scheduling Conference set for 10/12/2006 03:00 PM is cancelled. (Rynne, Michelle)

Oct. 11, 2006

Oct. 11, 2006

PACER
48

MOTION for Reconsideration by Sandy J. Battista. (Attachments: # 1 Affidavit)(Nici, Richard) (Entered: 11/22/2006)

2 Affidavit

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Nov. 20, 2006

Nov. 20, 2006

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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) (Entered: 12/04/2006)

2 Affidavit

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Dec. 4, 2006

Dec. 4, 2006

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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) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

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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) (Entered: 12/04/2006)

2 Exhibit

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Dec. 4, 2006

Dec. 4, 2006

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52

MOTION for Leave to File by Sandy J. Battista. (Attachments: # 1 # 2 Exhibit)(Nici, Richard) (Entered: 12/19/2006)

3 Exhibit

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Dec. 18, 2006

Dec. 18, 2006

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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) (Entered: 12/19/2006)

Dec. 18, 2006

Dec. 18, 2006

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54

MEMORANDUM OF LAW by Sandy J. Battista to 53 Memorandum in Opposition to Motion. Exhibits filed and not scanned.(Nici, Richard) (Entered: 12/19/2006)

Dec. 18, 2006

Dec. 18, 2006

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55

Letter/request (non-motion) from S. Baptista. (Nici, Richard) (Entered: 02/08/2007)

Feb. 8, 2007

Feb. 8, 2007

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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) (Entered: 02/12/2007)

Feb. 12, 2007

Feb. 12, 2007

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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). (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

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58

MOTION for Extension of Time by Sandy J. Battista.(Nici, Richard) (Entered: 05/09/2007)

May 9, 2007

May 9, 2007

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59

MOTION for Entry of Judgment under Rule 54(b) by UMass Correctional Health Program.(Brighton, Anthony) (Entered: 05/10/2007)

May 10, 2007

May 10, 2007

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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) (Entered: 05/10/2007)

2 Exhibit Exhibit A

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3 Exhibit Exhibit B

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May 10, 2007

May 10, 2007

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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) (Entered: 06/26/2007)

2 Affidavit

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June 26, 2007

June 26, 2007

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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) (Entered: 06/26/2007)

June 26, 2007

June 26, 2007

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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) (Entered: 06/26/2007)

2 Exhibit

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June 26, 2007

June 26, 2007

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64

MOTION for Protective Order by Sandy J. Battista.(Nici, Richard) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

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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) (Entered: 07/10/2007)

July 10, 2007

July 10, 2007

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66

MEMORANDUM in Support re 64 MOTION for Protective Order filed by Sandy J. Battista. (Attachments: # 1 Exhibit)(Nici, Richard) (Entered: 07/10/2007)

2 Exhibit

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July 10, 2007

July 10, 2007

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67

Letter/request (non-motion) from New Mexico Legal Aid. (Nici, Richard) (Entered: 07/12/2007)

July 12, 2007

July 12, 2007

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Judge Douglas P. Woodlock : Electronic ORDER entered ALLOWING 67 Letter/request treated as a motion to withdraw as pro bono counsel. (Lovett, Jarrett)

July 12, 2007

July 12, 2007

PACER
68

Letter/request (non-motion) from Sandy Baptista. (Nici, Richard) (Entered: 10/26/2007)

Oct. 26, 2007

Oct. 26, 2007

RECAP

DOCKET SHEET sent to S. Baptista (Nici, Richard)

Oct. 26, 2007

Oct. 26, 2007

PACER
69

Letter/request (non-motion) from S. Battista. (Nici, Richard) (Entered: 11/05/2007)

Nov. 5, 2007

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) (Entered: 11/16/2007)

Nov. 16, 2007

Nov. 16, 2007

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Judge Douglas P. Woodlock : Electronic ORDER entered: In view of the Order Appointing Successor Pro Bono Counsel in this action, it is hereby Ordered that the pending motions in C.A. 05-11456-DPW ((i.e., Motion for an Extension of Time (#58), Motion for Entry of Judgment Under Rule 54(b) (#59), Motion for Extension of Time to 10/26/07 to Complete Discovery (#61), Motion for DiscoveryRenewed Motion for an Order Compelling Plaintiff to Submit to Mental Examinations (#62) and Motion for Protective Order (#64)) are all DENIED without prejudice to renew after counsel have consulted. With respect to the pending motions in C.A. 05-12383-DPW, the plaintiff's pro se Motion to Withdraw Request for Successor Counsel (#9), and the pro se Motion for Summary Judgment (#10) are both hereby DENIED. A Status Conference will be set. (PSSA, 1)

Nov. 16, 2007

Nov. 16, 2007

PACER

ELECTRONIC NOTICE of STATUS CONFERENCE: A STATUS CONFERENCE (with pro bono counsel and defense counsel in both C.A. 05-11456-DPW and C.A. 05-12383-DPW) is set for December 10, 2007 at 10:00 a.m. in courtroom #1 on the 3rd floor. Counsel shall file a JOINT STATUS REPORT by December 5, 2007, which shall identify any outstanding issues in these two actions, including requests for discovery and any other matters under Fed. R. Civ. P. 16.

Nov. 16, 2007

Nov. 16, 2007

PACER
71

NOTICE of Appearance by Neal E. Minahan, Jr on behalf of Sandy J. Battista (Minahan, Neal) (Entered: 11/20/2007)

Nov. 20, 2007

Nov. 20, 2007

RECAP
72

NOTICE of Appearance by Emily E. Smith-Lee on behalf of Sandy J. Battista (Smith-Lee, Emily) (Entered: 11/28/2007)

Nov. 28, 2007

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) (Entered: 12/05/2007)

Dec. 5, 2007

Dec. 5, 2007

RECAP
74

NOTICE of Appearance by Dana M. McSherry on behalf of Sandy J. Battista (McSherry, Dana) (Entered: 12/07/2007)

Dec. 7, 2007

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) (Entered: 12/07/2007)

Dec. 7, 2007

Dec. 7, 2007

RECAP
76

NOTICE of Appearance by Ada Y. Sheng on behalf of Sandy J. Battista (Sheng, Ada) (Entered: 12/10/2007)

Dec. 10, 2007

Dec. 10, 2007

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Electronic Clerk's Notes for proceedings held before Judge Douglas P. Woodlock : Status Conference held on 12/10/2007: Court sets discovery deadlines as follows: Plaintiff shall file an amended complaint by January 7, 2008. Plaintiff shall file notice of whether or not going forward as to the defendant, UMass Correctional Health Program and file notice of intentions of pursuing the communication issue. All non-expert discovery, including depositions, and disclosure of experts and expert reports shall be completed by 4/18/08; disclosure of rebuttal experts and rebuttal expert reports by 5/16/08; all expert discovery, including depositions, to be completed by 6/13/08; all dispositive motions to be filed by 7/11/08. (Court Reporter: Brenda Hancock)(Attorneys present: McSherry, Minahan, Smith-Lee, Sheng, Kennedy, McFarland, Burgess) (Lovett, Jarrett)

Dec. 10, 2007

Dec. 10, 2007

PACER

Judge Douglas P. Woodlock : Electronic ORDER entered. SCHEDULING ORDER:Plaintiff shall file notice of whether or not going forward as to the defendant, UMass Correctional Health Program and file notice of intentions of pursuing the communication issue. All non-expert discovery, including depositions, and disclosure of experts and expert reports shall be completed by 4/18/08; disclosure of rebuttal experts and rebuttal expert reports by 5/16/08; all expert discovery, including depositions, to be completed by 6/13/08; all dispositive motions to be filed by 7/11/08. Joint Status Report due by 8/5/08 indicating the current status of the case, including discovery proceedings, settlement discussions, pending or contemplated motions, proposed dates for pretrial conferences and for trial, and any other matters which should be addressed at the further conference. Further Status/Scheduling Conference set for 8/12/2008 02:30 PM before Judge Douglas P. Woodlock.Associated Cases: 1:05-cv-12383-DPW, 1:05-cv-11456-DPW(Lovett, Jarrett)

Dec. 10, 2007

Dec. 10, 2007

PACER
77

MOTION for Leave to File First Amended Complaint by Sandy J. Battista. (Attachments: # 1 Exhibit 1)(Minahan, Neal) (Entered: 01/08/2008)

2 Exhibit 1

View on PACER

Jan. 8, 2008

Jan. 8, 2008

RECAP
78

NOTICE by Sandy J. Battista of Non-Opposition (Minahan, Neal) (Entered: 01/08/2008)

Jan. 8, 2008

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) (Entered: 01/10/2008)

Jan. 10, 2008

Jan. 10, 2008

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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) (Entered: 01/10/2008)

Jan. 10, 2008

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) (Entered: 01/10/2008)

2 Exhibit A

View on PACER

Jan. 10, 2008

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) (Entered: 01/16/2008)

Jan. 10, 2008

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) (Entered: 01/28/2008)

Jan. 28, 2008

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) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

RECAP
87

CERTIFICATE OF CONSULTATION re 85 MOTION to Dismiss Counts III-IX. (McFarland, Richard) (Entered: 01/28/2008)

Jan. 28, 2008

Jan. 28, 2008

RECAP

Case Details

State / Territory: Massachusetts

Case Type(s):

Mental Health (Facility)

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Transgender Healthcare Access Cases

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

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Available 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

Content of Injunction:

Preliminary relief granted

Order Duration: 2008 - 2011

Issues

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Female

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Medication, administration of

Mental health care, general