Case: Kosilek v. Spencer

1:00-cv-12455 | U.S. District Court for the District of Massachusetts

Filed Date: Dec. 12, 2000

Closed Date: March 31, 2015

Clearinghouse coding complete

Case Summary

On December 12, 2000, a transgender inmate at the Massachusetts Correction Institute in Norfolk filed this lawsuit in the U.S. District Court for the District of Massachusetts. Filing pro se, the plaintiff sued the Massachusetts Department of Corrections, the Correctional Medical Services, and the University of Massachusetts Medical School under 42 U.S.C. 1983. The inmate sought injunctive relief and damages to be determined by the jury, alleging violations of her constitutional rights and immu…

On December 12, 2000, a transgender inmate at the Massachusetts Correction Institute in Norfolk filed this lawsuit in the U.S. District Court for the District of Massachusetts. Filing pro se, the plaintiff sued the Massachusetts Department of Corrections, the Correctional Medical Services, and the University of Massachusetts Medical School under 42 U.S.C. 1983. The inmate sought injunctive relief and damages to be determined by the jury, alleging violations of her constitutional rights and immunities due to, among others, failure to provide her with adequate medical treatment for her serious medical need, which was severe Gender Dysphoria (GD). Specifically, the inmate sought injunctive relief to require the DOC to provide appropriate medical care in accordance with the standards of care for GD, which could include hormone therapy and sex reassignment surgery.

The case is essentially a continuation of Kosilek v. Nelson. This case can be found in the Clearinghouse here. In Kosilek v. Nelson, the same plaintiff filed pro se a lawsuit against the Sheriff of the Bristol County and the Commissioner of Massachusetts Department of Corrections in the U.S. District Court for the District of Massachusetts under the same allegations of failure to provide medical services for the inmate's GD. The Court in Kosilek v. Nelson (Judge Mark Wolf) ruled that the plaintiff's GD constituted serious medical need, which was not adequately treated, but nevertheless stated that the Commissioner of the DOC was not liable for constitutional violations because there was no deliberate indifference to the medical needs of the plaintiff, but said that the Commissioner was then on notice and will provide adequate treatment for the plaintiff's need. Kosilek v. Maloney, 221 F. Supp. 2d 156 (D. Mass. 2002). No injunction, or any other action by the DOC was ordered. The decision in that case bears substantial influence on the outcome of the present case.

The present case was stayed August 7, 2001, until the resolution of the aforementioned case. The Court (Judge Mark Wolf) then issued several other orders, maintaining stay and requesting the parties to inform the court if the stay should be lifted and why. Subsequently, over several years, the plaintiff and the defendants filed several status reports on whether the claim should be dismissed.

On June 6, 2005, the plaintiff and the Correctional Medical Services entered a stipulation of dismissal, dismissing the claims against them without prejudice and costs and waiving right of appeal. On July 1, 2005, the University of Massachusetts Medical School and its medical officers entered into a similar stipulation of dismissal with the plaintiff, dismissing all the claims without prejudice and costs and waiving right of appeal.

On July 15, 2005, the plaintiff filed an amended complaint, alleging inadequate medical care for the plaintiff's GD, against the Commissioner of the DOC and various employees and officers of the DOC. The complaint specified that after the decision in Kosilek v. Nelson, the plaintiff had received treatment for GD from medical practitioners, including hormone therapy, and had been evaluated and recommended for sex reassignment surgery, but the DOC had interfered with the treatment by denying her the surgery and hiring its own medical practitioners, who did not recommend the surgery. The plaintiff sought injunctive relief, enjoining the defendants to provide her with adequate medical care for her GD based on the recommendations of medical practitioners, including sex reassignment surgery. The plaintiff was now represented by private counsel and also sought an award of attorney's fees.

The non-jury trial, presided over by Judge Mark Wolf, began on May 30, 2006. The trial ended in May 2008 and the court did not hear anymore testimony. However, the court continued to hear arguments of the parties over the next three years.

Finally, the Court (Judge Mark Wolf) issued its decision, finding a violation of the Eight Amendment by the defendant, on September 4, 2012. The Court pointed out that it expressed that it expected that adequate care will be provided to the plaintiff after the DOC was on notice in Kosilek v. Nelson. The Court ruled that the plaintiff still has a severe GD that was not adequately treated, and posed severe risk of harm to the plaintiff. The reasons for inadequate treatment served no legitimate purpose, and the Commissioner claims of security concerns were pretextual. The plaintiff had been living as a woman in the prison for some time without any security issues. The court stated that the Commissioner was motivated by concerns of controversy and criticism. Therefore, based on the testimony of the medical experts, the Court concluded that the only adequate treatment was sex reassignment surgery and issued an injunction to provide the plaintiff with the surgery. Kosilek v. Spencer. 889 F.Supp.2d 190 (D. Mass 2012). The possible award of attorney's fees was reserved for future consideration.

On September 16, 2012, the Court issued an order that the parties must meet at least once to discuss a resolution of the question of the award of attorney's fees. Kosilek v. Spencer, 891 F.Supp.2d 226 (D. Mass. 2012). The motion for attorney's fees was filed by the plaintiff on October 10, 2012.

The defendant appealed to the First Circuit Court of Appeals on October 2, 2012. He also filed a motion for the stay of execution of the final judgment, which was granted on November 20, 2012, under conditions of reporting of the progress in preparation for the sex reassignment surgery.

On December 19, 2012, the Court (Judge Mark Wolf) held a hearing on the motion of attorney's fees.

The First Circuit Court of Appeals (Judge Ojetta Thompson) issued its decision on January 17, 2014, affirming the decision of the District Court and the injunction to provide the plaintiff with the sex reassignment surgery. However, on February 12, 2014, the Court of Appeals entered an order to rehear the case en banc after the majority of judges voted to do so, withdrawing and vacating its judgment on January 17, 2014.

On May 8, 2014, the Court of Appeals reheard the case. On December 16, 2014, the court decided that, given the positive effects resulting from the DOC's current treatment method and the DOC's plan to treat suicidal ideation if it arose, the DOC's decision not to provide SRS did not illustrate disregard of Plaintiff's medical needs. The court found that the medical care provided to Plaintiff by the DOC met society's minimum standards of decency, that the security concerns the DOC highlighted were reasonable, that the DOC was entitled to deference, and that Plaintiff failed to demonstrate an Eighth Amendment violation.

On May 18, 2015, the Supreme Court denied Plaintiff's petition for a writ of certiorari.

On June 4, 2015, Judge Mark L. Wolf ordered that the case be dismissed.

Summary Authors

Zhandos Kuderin (4/4/2014)

Katherine Reineck (11/1/2015)

Daniel Fryer (2/15/2016)

Related Cases

Kosilek v. Nelson, District of Massachusetts (1992)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4276512/parties/kosilek-v-department-of-corr/


Judge(s)

Howard, Jeffrey R. (New Hampshire)

Kayatta, William Joseph Jr. (Maine)

Lynch, Sandra Lea (Massachusetts)

Thompson, Ojetta Rogeriee (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Wolf, Mark Lawrence (Massachusetts)

Attorneys(s) for Plaintiff

Brody, David L. (Massachusetts)

Chan, Christina Y. (Massachusetts)

Cohen, Frances S. (Massachusetts)

Craft, Jared A. (Massachusetts)

Judge(s)

Howard, Jeffrey R. (New Hampshire)

Kayatta, William Joseph Jr. (Maine)

Lynch, Sandra Lea (Massachusetts)

Thompson, Ojetta Rogeriee (Rhode Island)

Torruella, Juan R. (Puerto Rico)

Wolf, Mark Lawrence (Massachusetts)

Attorneys(s) for Plaintiff

Brody, David L. (Massachusetts)

Chan, Christina Y. (Massachusetts)

Cohen, Frances S. (Massachusetts)

Craft, Jared A. (Massachusetts)

Sulman, Joseph L. (Massachusetts)

Attorneys(s) for Defendant

Brighton, Anthony R. (New York)

Crawshaw, Victoria A. (Massachusetts)

Henry, Bruce R. (Massachusetts)

Hilton, David A. (Massachusetts)

Kennedy, Joan T. (Massachusetts)

McFarland, Richard C. (Massachusetts)

O'Shea, Stephen M. (Massachusetts)

Documents in the Clearinghouse

Document

Docket [PACER]

Kosilek v. Department of Corr

March 7, 2015 Docket
5

Complaint and Demand for Jury Trial

Kosilek v. Department of Corr

Nov. 17, 2000 Complaint
139

Stipulation of Dismissal

Kosilek v. Department of Corr

June 1, 2005 Settlement Agreement
143

Stipulation of Dismissal, With Prejudice, Without Costs and With All Rights of Appeal Waived Only with Regard to All Claims Asserted Against the Defendants

Kosilek v. Department of Corr

July 1, 2005 Settlement Agreement
520

Second Amended Complaint

Kosilek v. Department of Corr

April 16, 2010 Complaint
554

Memorandum and Order on Eighth Amendment Claim

889 F.Supp.2d 190

Sept. 4, 2012 Order/Opinion
558

Memorandum and Order

891 F.Supp.2d 226

Sept. 16, 2012 Order/Opinion
596

Order

2012 U.S.Dist.LEXIS 165852

Nov. 20, 2012 Order/Opinion
661

Opinion of the United States Court of Appeals for the First Circuit

U. S. Court of Appeals for the First Circuit

740 F.3d 733

Jan. 17, 2014 Order/Opinion

Order of Court

U. S. Court of Appeals for the First Circuit

2014 U.S.App.LEXIS 2660

Feb. 12, 2014 Order/Opinion

Resources

Title Description External URL

Kosilek v. O’Brien (formerly Spencer)

GLBTQ Legal Advocates & Defenders

The case was argued before the Court of Appeals for the First Circuit on April 2, 2013, after the Commonwealth appealed Wolf’s ruling. Joseph L. Sulman and David Brody of the Law Office of Joseph L. … May 4, 2015 https://www.glad.org/...

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/4276512/kosilek-v-department-of-corr/

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

ECF Number Description Date Link
1

Application/petition by Michelle Kosilek to proceed without prepayment of fees (in forma pauperis) . filed. (scj) (Entered: 12/04/2000)

Nov. 21, 2000 PACER
2

Motion by Michelle Kosilek for appointment of counsel . filed. (scj) (Entered: 12/08/2000)

Nov. 21, 2000 PACER
3

Judge Mark L. Wolf . Order entered granting [1-1] motion to proceed without prepayment of fees (in forma pauperis) . It is further ordered that the clerk issue summons and that the US marshal serve the summons, complaint and copy of this order upon the defendants at the directions of the plaintiff with all costs to the US government. cc/pla [EOD Date 12/22/00] (scj) (Entered: 12/22/2000)

Dec. 12, 2000 PACER
4

Judge Mark L. Wolf . Order entered denying [2-1] motion for appointment of counsel without prejudice to filing such a motion after the named defendants have filed responsive pleadings. cc/pla [EOD Date 12/22/00] (scj) (Entered: 12/22/2000)

Dec. 12, 2000 PACER
5

Complaint filed in accordance with order no. 3. Case assigned to Judge: Wolf. Fee Status: Waived (scj) . (Entered: 12/27/2000)

Dec. 12, 2000 PACER
6

Appendix/exhibits by Michelle Kosilek in support of [5-1] complaint. filed. (scj) (Entered: 12/27/2000)

Dec. 12, 2000 PACER
7

Motion by Michelle Kosilek to amend [5-1] complaint . filed. (scj) (Entered: 12/27/2000)

Dec. 12, 2000 PACER
8

Notice for payment of prisoner filing fee issued to the Treasurer at MCI Norfolk . cc/pla, accounting, MCI Norfolk Treasurer (scj) (Entered: 12/27/2000)

Dec. 22, 2000 PACER

Summons issued for Department of Corr, Michael T. Maloney, University of Mass., Arthur K. Brewer, Harrison O'Connor, Kenneth Applebaum, Karen Dewees. Mailed to plaintiff on 12/27/00 with USM 285 forms and US marshal service letter (scj)

Dec. 27, 2000 PACER

Summons Issued

Dec. 27, 2000 PACER
9

Letter by Michelle Kosilek dated: 12/26/00 to: Mr. Cronin filed. (ktb) (Entered: 12/27/2000)

Dec. 27, 2000 PACER
10

Memorandum by Michelle Kosilek in support of continuity of claim, FILED. (ktb) (Entered: 12/27/2000)

Dec. 27, 2000 PACER
11

Appendix/exhibits by Michelle Kosilek filed. (ktb) (Entered: 12/27/2000)

Dec. 27, 2000 PACER

complaint scanned (scj)

Jan. 10, 2001 PACER

Docket Annotation

Jan. 10, 2001 PACER
14

Return of service executed as to Michael T. Maloney with service on 1/18/01 filed. (ktb) (Entered: 01/29/2001)

Jan. 23, 2001 PACER
15

Return of service executed as to Department of Corrections with service on 1/18/01 filed. (ktb) (Entered: 01/29/2001)

Jan. 23, 2001 PACER
16

Return of service unexecuted as to Karen Dewees filed. (envelope attached) FOE (ktb) (Entered: 01/29/2001)

Jan. 23, 2001 PACER
17

Return of service unexecuted as to Arthur K. Brewer, filed. (returned envelope attached) FOE (ktb) (Entered: 01/29/2001)

Jan. 23, 2001 PACER
13

Notice of appearance of attorney for Department of Corr, Michael T. Maloney by Richard C. McFarland, filed, c/s. (ktb) (Entered: 01/29/2001)

Jan. 26, 2001 PACER
18

Return of service unexecuted as to University of Mass. Medical School, filed. (return envelope returned - FOE) (ktb) (Entered: 01/29/2001)

Jan. 26, 2001 PACER
19

Return of service unexecuted as to Harrison O'Connor, filed. (RETURN ENVELOPE RETURNED) FOE (ktb) (Entered: 01/29/2001)

Jan. 26, 2001 PACER
12

Motion by Department of Corr, Michael T. Maloney to extend time to 3/2/01 to file a responsive pleading, filed, c/s. (ktb) (Entered: 01/29/2001)

Jan. 29, 2001 PACER
20

Response by Michelle Kosilek in opposition to [12-1] motion to extend time to 3/2/01 to file a responsive pleading, filed, c/s. (ktb) (Entered: 02/01/2001)

Jan. 30, 2001 PACER
21

Motion by Michelle Kosilek for appointment of counsel, or in the alternative, to merge two civil actions, FILED, c/s. (ktb) (Entered: 02/01/2001)

Jan. 30, 2001 PACER
22

Letter by Michelle Kosilek dated: 1/26/01 to: Clerk enclosing four returns of service on summons (ktb) (Entered: 02/05/2001)

Feb. 1, 2001 PACER
23

Return of service unexecuted as to Karen Dewees, filed. (ktb) (Entered: 02/05/2001)

Feb. 1, 2001 PACER
24

Return of service unexecuted by Marshal's Office on University of Mass. Medical School filed. (ktb) (Entered: 02/05/2001)

Feb. 1, 2001 PACER
25

Return of service unexecuted as to Harrison O'Connor, filed. (ktb) (Entered: 02/05/2001)

Feb. 1, 2001 PACER
26

Return of service unexecuted by US Marshal's Service as to Arthur K. Brewer, Medical Director, filed. (ktb) (Entered: 02/05/2001)

Feb. 1, 2001 PACER
27

Motion by Michelle Kosilek to impose sanctions, with exhbits 1 and 2, filed. cpy sent to deft via certifed mail (ktb) (Entered: 02/06/2001)

Feb. 2, 2001 PACER

Judge Mark L. Wolf . Endorsed Order entered granting [12-1] motion to extend time to 3/2/01 to file a responsive pleading. cc/cl. [EOD Date 2/6/01] (ktb)

Feb. 6, 2001 PACER

Description not available

Feb. 6, 2001 PACER
28

Motion by Michelle Kosilek for summary judgment, default of Rule 4, filed, c/s. (ktb) (Entered: 02/28/2001)

Feb. 28, 2001 PACER
29

Motion by Department of Corr, Michael T. Maloney to dismiss the complaint, filed, c/s. (ktb) (Entered: 03/15/2001)

March 2, 2001 PACER
30

Memorandum by Department of Corr, Michael T. Maloney in support of [29-1] motion to dismiss the complaint, filed, c/s. (ktb) (Entered: 03/15/2001)

March 2, 2001 PACER
31

Response by Michelle Kosilek in opposition to [29-1] motion to dismiss the complaint, filed. (eaf) (Entered: 03/19/2001)

March 12, 2001 PACER
32

Amended Motion by Michelle Kosilek for summary judgment, default for failure to answer complaint filed. (eaf) (Entered: 03/19/2001)

March 12, 2001 PACER
33

Letter by Michelle Kosilek dated: 3/24/01 to Clerk re his pending motion for summary judgment based on Default (Rule 4), FILED. (ktb) (Entered: 03/28/2001)

March 28, 2001 PACER
34

Judge Mark L. Wolf . Order entered denying [28-1] motion for summary judgment, default of Rule 4 denying [32-1] motion for summary judgment. The Clerk shal re-issue summons for service of defts Universiry of Mass Medical School. Correctiona Mecial Srvies, Inc. Harrison O'Connor. Arthur K. Brewer, Kennthe Applebaum, and Karen DeWees. The Summomns and complaint chall, by May 1, 2001 be served on the these defts. Because pltf is proceeding in forma pauperis, the United States Marshal shall serve a copy of the complaint, summons, and this order up ont e defts listed above with all cots of servie to be advanced by the United States. cc/cl. [EOD Date 4/23/01] (ktb) (Entered: 04/23/2001)

April 19, 2001 PACER
35

Notice of appeal by Michelle Kosilek filed. Fee Status: vv Appealing: [34-1] order . Appeal record due on 5/15/01 (ktb) (Entered: 05/02/2001)

April 30, 2001 PACER
36

Return of service executed as to Correctional Medical with service on 5/9/01 filed. Answer due on 5/29/01 for Correctional Medical (ktb) (Entered: 05/10/2001)

May 10, 2001 PACER
37

Return of service executed as to Kenneth Applebaum with service on 5/11/01 filed. Answer due on 5/31/01 for Kenneth Applebaum (ktb) (Entered: 05/18/2001)

May 11, 2001 PACER
38

Return of service executed as to Harrison O'Connor with service on 5/11/01 filed. Answer due on 5/31/01 for Harrison O'Connor (ktb) (Entered: 05/18/2001)

May 11, 2001 PACER
39

Return of service executed as to Arthur K. Brewer with service on 5/11/01 filed. Answer due on 5/31/01 for Arthur K. Brewer (ktb) (Entered: 05/18/2001)

May 11, 2001 PACER
40

Return of service executed as to Karen Dewees with service on 5/11/01 filed. Answer due on 5/31/01 for Karen Dewees (ktb) (Entered: 05/18/2001)

May 11, 2001 PACER
41

Return of service executed as to University of Mass. with service on 5/11/01 filed. Answer due on 5/31/01 for University of Mass. (ktb) (Entered: 05/18/2001)

May 11, 2001 PACER

Full Record on Appeal Sent to USCA

May 25, 2001 PACER
42

Order of the US Court of Appeals re: [35-1] appeal; The application for permission to appeal is denied. (jr) (Entered: 05/25/2001)

May 25, 2001 PACER

Certified copy of docket and record on appeal forwarded to U.S. Court of Appeals re: [35-1] appeal . (jr)

May 25, 2001 PACER
43

Request (non motion) of the Defts Univerisity of Massachusetts Medical School, Dr. Harrison O'Connor, Dr. Kenneth Appelbaum and Karen DeWees, for a Consolidated Hearing with Regard to Motion to Dismiss the pltf's Complaint and/or for the entry of Summary Judgment, FILED, c/s (ktb) (Entered: 05/29/2001)

May 29, 2001 PACER
44

Motion by University of Mass., Harrison O'Connor, Kenneth Applebaum, Karen Dewees to dismiss the pltfs's complaint and/or for the entry of summary judgment, filed, c/s. (ktb) (Entered: 05/29/2001)

May 29, 2001 PACER
45

Letter to Judge Young to Kosilek re motion for writ of mandamus, FILED. (ktb) (Entered: 06/01/2001)

May 30, 2001 PACER
46

Motion by Michelle Kosilek for a writ of mandamus, filed, c/s. (ktb) (Entered: 06/01/2001)

May 30, 2001 PACER
47

Judge Mark L. Wolf . Order entered mooting [46-1] motion for a writ of mandamus cc/cl. [EOD Date 6/5/01] (ktb) (Entered: 06/05/2001)

June 1, 2001 PACER
48

Response by Michelle Kosilek in opposition to [44-1] motion to dismiss the pltfs's complaint and/or for the entry of summary judgment, filed, c/s. (ktb) (Entered: 06/05/2001)

June 5, 2001 PACER
49

Motion by Michelle Kosilek for default judgment against Arthur K. Brewer, Correctional Medical, filed, c/s. (ktb) (Entered: 06/05/2001)

June 5, 2001 PACER

US Court of Appeals Case Number assigned to [35-1] appeal : USCA NUMBER: 01-1777. (jr)

June 7, 2001 PACER

USCA Case Number

June 7, 2001 PACER

Case returned to the District Court from the Court of Appeals, requested by the Law Clerk, Judi Goldberg. (jr)

June 8, 2001 PACER

Docket Annotation

June 8, 2001 PACER

Transmitted supplemental record on appeal: re: [35-1] appeal Document numbers: 47 (jr)

June 8, 2001 PACER

Supplemental ROA Sent to USCA

June 8, 2001 PACER
50

Motion by Arthur K. Brewer, Correctional Medical to dismiss, filed, c.s. (ktb) (Entered: 06/11/2001)

June 8, 2001 PACER

Transmitted supplemental record on appeal: re: [35-1] appeal Document numbers: 47 (jr)

June 11, 2001 PACER

Supplemental ROA Sent to USCA

June 11, 2001 PACER
51

Response by Arthur K. Brewer, Correctional Medical in opposition to [49-1] motion for default judgment against Arthur K. Brewer, Correctional Medical, filed, c/s. (ktb) (Entered: 06/12/2001)

June 11, 2001 PACER
52

Letter by Michelle Kosilek dated: 6/8/01 requesting a trancript order form, FILED. (ktb) (Entered: 06/12/2001)

June 12, 2001 PACER
53

Letter by Michelle Kosilek dated: 6/8/01 requesting a copy of any repsonse filed by defts CMS and Arthur Brewer, M.D. showing that they have responded to new summons issued. (ktb) (Entered: 06/12/2001)

June 12, 2001 PACER
54

Response by Michelle Kosilek in opposition to [50-1] motion to dismiss, filed, c/s. (ktb) (Entered: 06/13/2001)

June 13, 2001 PACER
55

Letter by Michelle Kosilek to clerk enclosing the transcript order he had filled out and requesting a copy of Doc. #51, along with a complete docket sheet, filed. (ktb) Modified on 06/18/2001 (Entered: 06/18/2001)

June 18, 2001 PACER
56

Notice of voluntary dismissal by Michelle Kosilek as to Karen Dewees, filed, c/s. (ktb) (Entered: 07/17/2001)

July 17, 2001 PACER

Case Stayed

Aug. 7, 2001 PACER
57

Judge Mark L. Wolf . Order entered granting [7-1] motion to amend [5-1] complaint denying [21-1] motion for appointment of counsel, or in the alternative, to merge two civil actions denying [27-1] motion to impose sanctions granting [44-1] motion to dismiss the pltfs's complaint and/or for the entry of summary judgment as to DeWees. This case is STAYED pending final resolution of Kosilek v. Nelson CA 92-12820-MLW, which will affect which, if nay, of the claims in the instant case are viable. cc/cl. [EOD Date 8/9/01] (ktb) (Entered: 08/09/2001)

Aug. 7, 2001 PACER

Case stayed Reason: pursuant to 8/7/01 Order (ktb)

Aug. 7, 2001 PACER

Transmitted supplemental record on appeal: re: [35-1] appeal Document numbers: 57 (jr)

Aug. 10, 2001 PACER

Supplemental ROA Sent to USCA

Aug. 10, 2001 PACER

Appeal Record Returned

Aug. 20, 2001 PACER
58

Mandate of US Court of Appeals re: [35-1] appeal dismissing [35-1] appeal. (jr) (Entered: 08/20/2001)

Aug. 20, 2001 PACER

Record on appeal returned from U.S. Court of Appeals, re: [35-1] appeal . (jr)

Aug. 20, 2001 PACER
59

Joint Pretrial memorandum by Michelle Kosilek, Department of Corr, Michael T. Maloney, filed. (ktb) (Entered: 10/22/2001)

Oct. 19, 2001 PACER
60

Motion by Michelle Kosilek to further amend complaint, filed, c/s. (ktb) (Entered: 02/19/2002)

Feb. 19, 2002 PACER
61

Exhibits by Michelle Kosilek [60-1] motion to further amend complaint, FILED. (ktb) (Entered: 04/22/2002)

April 17, 2002 PACER
62

Motion by Michelle Kosilek for preliminary injunction, filed, c/s. (ktb) (Entered: 07/17/2002)

July 16, 2002 PACER
63

Letter by Paul McTauge and Stephen M. O'Shea dated: 9/3/02 to: clerk re pending motion to dismiss, FILED. (ktb) (Entered: 09/04/2002)

Sept. 4, 2002 PACER
64

Letter by Michelle Kosilek dated: 9/1/02 enclosing a copy of a letter "seeking resolution without further involvement of the Court." FILED. (ktb) (Entered: 09/16/2002)

Sept. 11, 2002 PACER
65

Copy of Letter by Michelle Kosilek to MCI Norfolk Supt. Luis Spencer, FILED. (ktb) (Entered: 09/16/2002)

Sept. 11, 2002 PACER

Terminate Documents

Sept. 30, 2002 PACER
66

Judge Mark L. Wolf . Memorandum and Order entered. denying WITHOUT PREJUDICE [29-1] motion to dismiss the complaint; Pltf's Motion for defaul judgment denied without prejudice; denying [50-1] motion to dismiss denying [60-1] motion to further amend complaint denying [62-1] motion for preliminary injunction [EOD Date 9/30/02] Absent good cause shown, this case will continue to be STAYED muntil at least 1/31/03. The parties shall, by 1/31/03, report whether they request that the stay be lifted and, if so, the reasons for that request. cc/cl. (ktb) Modified on 10/01/2002 (Entered: 09/30/2002)

Sept. 30, 2002 PACER

Terminated document: denying w/o prejudice [49-1] motion for default judgment against Arthur K. Brewer, Correctional Medical Requested by mlw. See Memorandum and Order entered 9/30/02. (ktb)

Sept. 30, 2002 PACER
67

Motion by Michelle Kosilek for summary judgment, filed, c/s. (ktb) (Entered: 10/04/2002)

Oct. 1, 2002 PACER
68

Pltf's Settlement Offer, and request for deft's 9/3/02 submission. FILED. (ktb) (Entered: 10/25/2002)

Oct. 24, 2002 PACER
69

Letter by Michelle Kosilek enclosing a letter to James V. Kerrigani of Mass. Peer Review Organization dated: 10/28/02 to: Clerk O'Leary filed. (ktb) (Entered: 10/30/2002)

Oct. 29, 2002 PACER
70

Motion by Michelle Kosilek to lift stay, filed, c/s. (ktb) (Entered: 11/27/2002)

Nov. 25, 2002 PACER
71

Motion by Department of Corr, Michael T. Maloney to lift stay, filed, c/s. (ktb) (Entered: 02/03/2003)

Jan. 31, 2003 PACER
72

Memorandum by Department of Corr, Michael T. Maloney in support of [73-1] motion to dismiss filed, c/s. (ktb) (Entered: 02/03/2003)

Jan. 31, 2003 PACER
73

Renewed Motion by Department of Corr, Michael T. Maloney to dismiss, filed, c/s. (ktb) (Entered: 02/03/2003)

Jan. 31, 2003 PACER
74

Letter by Stephen M. O'Shea dated: 1/31/03 to: clerk requesting a hearing on #75, FILED. (ktb) (Entered: 02/04/2003)

Feb. 4, 2003 PACER
75

Motion by University of Mass., Harrison O'Connor, Kenneth Applebaum to vacate [66-1] memorandum order, dismiss the pltf's complaint, filed, c/s., (ktb) (Entered: 02/04/2003)

Feb. 4, 2003 PACER
76

Response by Michelle Kosilek in opposition to [73-1] motion to dismiss, filed, c/s. (ktb) (Entered: 02/13/2003)

Feb. 12, 2003 PACER

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Dec. 12, 2000

Closing Date: March 31, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Transgender prisoner in a male prison

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

GLAD (GLBTQ Legal Advocates & Defenders)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Massachusetts Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Conditions of confinement

Gay/lesbian/transgender

Personal injury

Suicide prevention

Discrimination-basis:

Gender identity

Affected Gender:

Female

Medical/Mental Health:

Mental health care, general

Self-injurious behaviors

Suicide prevention

Type of Facility:

Government-run