Case: Kosilek v. Nelson

1:92-cv-12820 | U.S. District Court for the District of Massachusetts

Filed Date: Nov. 11, 1992

Closed Date: 2002

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Case Summary

On November 11, 1992, a transgender inmate at the Bristol County Jail, serving a life sentence, filed a pro se lawsuit in the U.S. District Court for the District of Massachusetts against the Sheriff of the Bristol County and others under 42 U.S.C. 1983. The plaintiff asked the court for both an injunction ordering that she be provided with a sex reassignment surgery and damages, alleging that she was provided inadequate medical care for her serious medical need in violation of her constitution…

The plaintiff was later transferred to the Massachusetts Department of Corrections at Norfolk, MA. She filed a motion to amend her complaint to seek the same relief from DOC on February 8, 1993, which was granted on June 7, 1994. The case then proceeded for a long time on pre-trial discovery and motion practices.

On February 23, 1999, the plaintiff filed a motion to further amend to include the Commissioner of the DOC as a defendant, which was granted on March 4, 1999.

On September 12, 2000, the Court (Judge Mark Wolf) issued an order dismissing claims of damages against the Commissioner in his individual capacity, based on the doctrine of qualified immunity. The Court also issued a summary judgment for the Sheriff, as one of the defendants in the present case, dismissing all claims against him both in individual and official capacity. The Court cited qualified immunity of the Sheriff and lack of evidence to make out a claim of constitutional violation against him. Kosilek v. Nelson, 2000 U.S. Dist. LEXIS 13355 (D. Mass. 2000). On October 4, 2000, the plaintiff filed an appeal to the First Circuit Court of Appeals against the summary judgment.

On February 27, 2001, the First Circuit Court of Appeals issued an order, retaining jurisdiction over the case, but remanding it to the District Court to give statement of reasons for its order on September 12, 2000.

On September 14, 2001, the Court (Judge Mark Wolf) issued an order denying the plaintiff's motion for summary judgment. The non-jury trial finally commenced on February 4, 2002.

At trial, counsel for the plaintiff represented that she was seeking an injunction requiring that she be provided with treatment in prison for GD consistent with the Harry Benjamin Standards of Care. More specifically, the plaintiff requested an order that the defendant retain a doctor who specializes in treating GD to evaluate the plaintiff, authorize that doctor to prescribe any treatment deemed appropriate, and provide the treatment prescribed by that doctor. That treatment could require hormone treatment therapy and sex reassignment surgery.

On March 22, 2002, the First Circuit Court of Appeals issued a per curiam order affirming the summary judgment of the District Court (Judge Mark Wolf) on September 12, 2000 for the reasons stated in that judgment. Kosilek v. Nelson, 29 Fed. Appx. 621 (1st Cir. Mass. 2002).

Following the trial, the Court (Judge Mark Wolf) issued its judgment for the defendant on August 28, 2002. The Court did not find any violations of the Eighth Amendment by the Commissioner of the DOC. The Court found that the plaintiff's severe GD constitutes a serious medical need, for which she has not received adequate medical treatment. However, the Court found that the defendant was not deliberately indifferent to the substantial risk of serious harm to the plaintiff, as he did not appreciate the substantial risk posed to the plaintiff due to lack of medical qualifications and failing to make the inference necessary from the facts of the case, and also had legitimate security concerns, as well as concerns about political controversy. The Court did not issue an injunction or otherwise order the DOC to do something, but it expressed its expectations that the Commissioner would be put on notice of the plaintiff's serious medical need and provide adequate medical care for it. Kosilek v. Maloney, 221 F. Supp. 2d 156 (D. Mass. 2002).

The plaintiff filed her motion for attorney's fees on October 30, 2002, which was denied by the Court (Judge Mark Wolf) on September 11, 2003. This effectively ended the present case.

However, with the present case still ongoing, the plaintiff filed another pro se lawsuit against the Massachusetts Department of Corrections and its medical officers on December 12, 2000. The case is included in the database as Kosilek v. Spencer. The allegations in that case were substantially similar to the present one, where the plaintiff argues that the DOC violated her constitutional rights by not providing her adequate medical care for her serious medical need. The present case's outcome bears substantial influence on the proceedings of the second case. The Kosilek v. Spencer case is still ongoing.

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Summary Authors

Zhandos Kuderin (4/3/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11321954/parties/kosilek-v-nelson/

Judge(s)

Attorney for Plaintiff

Chiasson, Jen Chase (Massachusetts)

Chiasson-Aronoff, Jen Chase (Massachusetts)

Cohen, Frances S. (Massachusetts)

Attorney for Defendant

Beauregard, Philip N. (Massachusetts)

Eiro-Bartevyan, Mary C. (Massachusetts)

Expert/Monitor/Master/Other

Judge(s)

Lynch, Sandra Lea (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Wolf, Mark Lawrence (Massachusetts)

Attorney for Plaintiff

Chiasson, Jen Chase (Massachusetts)

Chiasson-Aronoff, Jen Chase (Massachusetts)

Cohen, Frances S. (Massachusetts)

Kosilek, Michelle (Massachusetts)

Pyle, Jeffrey Jackson (Massachusetts)

Attorney for Defendant

Beauregard, Philip N. (Massachusetts)

Eiro-Bartevyan, Mary C. (Massachusetts)

Franco, Michael (Massachusetts)

Hanson, Herbert C. (Massachusetts)

McFarland, Richard C. (Massachusetts)

Roby, Beverly Coles (Massachusetts)

Ross, Alyson R (Massachusetts)

Expert/Monitor/Master/Other

Lipez, Kermit Victor (Maine)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:92-cv-12820	Docket (PACER) Kosilek v Nelson	Aug. 5, 2004	Aug. 5, 2004 Docket
189 1:92-cv-12820	Memorandum and Order	Sept. 12, 2000	Sept. 12, 2000 Order/Opinion 2000 U.S.Dist.LEXIS 13355
01-01185	Opinion U.S. Court of Appeals for the First Circuit	March 22, 2002	March 22, 2002 Order/Opinion 29 Fed.Appx. 621
307 1:92-cv-12820	Memorandum and Order Kosilek v. Maloney	Aug. 28, 2002	Aug. 28, 2002 Order/Opinion 221 F.Supp.2d 156
321 1:92-cv-12820	Memorandum and Order Kosilek v. Maloney	Sept. 11, 2003	Sept. 11, 2003 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/11321954/kosilek-v-nelson/

Last updated April 21, 2024, 3:13 a.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint filed (fmr) (Entered: 11/30/1992)	Nov. 24, 1992	Nov. 24, 1992 PACER
	Filing Fee/Payment Received	Nov. 24, 1992	Nov. 24, 1992 PACER
	Filing Fee Paid. Receipt #: 251391 Amount: $120.00. (fmr)	Nov. 24, 1992	Nov. 24, 1992 PACER
	Summons Issued	Nov. 24, 1992	Nov. 24, 1992 PACER
	Summons(es) issued for David R. Nelson, Glenn Sturgeon, Edwin Roderiques, Joanne Carrol-Connor, Michael Murray, Matthew Pittman, Dean Royer, Bettina Borders, Scott Harshbarger (fmr)	Nov. 24, 1992	Nov. 24, 1992 PACER
2	Motion by Michelle Kosilek for appointment of counsel (jdj) (Entered: 11/30/1992)	Nov. 30, 1992	Nov. 30, 1992 PACER
3	Motion by Michelle Kosilek to proceed in forma pauperis (jdj) (Entered: 11/30/1992)	Nov. 30, 1992	Nov. 30, 1992 PACER
4	Plaintiffs explanation of attachments. (jdj) (Entered: 11/30/1992)	Nov. 30, 1992	Nov. 30, 1992 PACER
5	Letter to the court from plaintiff requesting emergency relief w/attachments. (jdj) (Entered: 12/30/1992)	Dec. 30, 1992	Dec. 30, 1992 PACER
6	Motion by David R. Nelson, Glenn Sturgeon, Edwin Roderiques, Joanne Carrol-Connor, Michael Murray, Matthew Pittman to dismiss for failure to state claim (jdj) (Entered: 01/19/1993)	Jan. 19, 1993	Jan. 19, 1993 PACER
7	Memorandum by David R. Nelson, Glenn Sturgeon, Edwin Roderiques, Dean Royer, Joanne Carrol-Connor, Michael Murray, Matthew Pittman in support of [6-1] motion to dismiss for failure to state claim. c/s. (jdj) (Entered: 01/19/1993)	Jan. 19, 1993	Jan. 19, 1993 PACER
8	Acknowledgement of service as to Bettina Borders (jdj) (Entered: 01/19/1993)	Jan. 19, 1993	Jan. 19, 1993 PACER
9	Answer to Complaint by Bettina Borders; jury demand (jdj) (Entered: 01/19/1993)	Jan. 19, 1993	Jan. 19, 1993 PACER
10	Acknowledgement of service as to Scott Harshbarger 1/22/93 (jdj) (Entered: 01/27/1993)	Jan. 27, 1993	Jan. 27, 1993 PACER
11	Motion by Scott Harshbarger to dismiss (jdj) (Entered: 02/05/1993)	Feb. 5, 1993	Feb. 5, 1993 PACER
12	Memorandum by Scott Harshbarger in support of [11-1] motion to dismiss (jdj) (Entered: 02/05/1993)	Feb. 5, 1993	Feb. 5, 1993 PACER
13	Judge Mark L. Wolf . Memorandum and Order denying [3-1] motion to proceed in forma pauperis, denying [2-1] motion for appointment of counsel (jdj) (Entered: 02/05/1993)	Feb. 5, 1993	Feb. 5, 1993 PACER
14	Motion by Michelle Kosilek to amend [1-1] complaint (jdj) (Entered: 02/08/1993)	Feb. 8, 1993	Feb. 8, 1993 PACER
15	Response by Bettina Borders in opposition to [14-1] motion to amend [1-1] complaint (jdj) (Entered: 02/18/1993)	Feb. 18, 1993	Feb. 18, 1993 PACER
16	Letter to the court from Phillip Beauregard requesting action on motion to dismiss. (jdj) (Entered: 04/27/1993)	April 27, 1993	April 27, 1993 PACER
17	Letter to the court regarding pending petition for writ of habeus corpus. (jdj) (Entered: 08/23/1993)	Aug. 23, 1993	Aug. 23, 1993 PACER
	Mail sent to Mishelle Kosilek returned by Post Office "not here" (jdj)	Oct. 20, 1993	Oct. 20, 1993 PACER
	Mail Returned	Oct. 20, 1993	Oct. 20, 1993 PACER
18	Letter filed by Michelle Kosilek dated 11/7/93 to Judge Wolf Re: status of case (jdj) (Entered: 11/16/1993)	Nov. 16, 1993	Nov. 16, 1993 PACER
19	Letter filed by Beverly R. Roby dated: 12/21/93 to: Mr Johnson re: pending motion to dismiss filed. (jdj) (Entered: 12/29/1993)	Dec. 29, 1993	Dec. 29, 1993 PACER
20	Letter filed by Beverly R. Roby dated: 1/27/94 to: Court regarding motion to dismiss filed. (jdj) (Entered: 01/31/1994)	Jan. 31, 1994	Jan. 31, 1994 PACER
21	Motion by Michelle Kosilek for partial summary judgment (jdj) (Entered: 03/02/1994)	March 2, 1994	March 2, 1994 PACER
22	Notice of change of address by Michelle Kosilek by Michelle Kosilek (jdj) (Entered: 03/16/1994)	March 16, 1994	March 16, 1994 PACER
23	Letter filed by Phillip Beauregard dated: 3/22/94 to: Ms Whitney re: transfer of case filed. (jdj) (Entered: 03/25/1994)	March 22, 1994	March 22, 1994 PACER
24	Answer to Complaint by Scott Harshbarger; jury demand (jdj) (Entered: 03/31/1994)	March 31, 1994	March 31, 1994 PACER
25	Judge Mark L. Wolf . Civil Order of Reference entered. Case referred to Mag. Judge Zachary R. Karol for R&R on all dispositive issues . (jdj) (Entered: 04/21/1994)	April 21, 1994	April 21, 1994 PACER
26	Mag. Judge Zachary R. Karol . Order entered granting [14-1] motion to amend [1-1] complaint, Response to motion reset to 7/1/94 for [11-1] motion to dismiss, reset to 7/1/94 for [6-1] motion to dismiss for failure to state claim defts may supplement there motions to dismiss by 6/20/94 . (jdj) (Entered: 06/07/1994)	June 7, 1994	June 7, 1994 PACER
27	Supplemental Memorandum by David R. Nelson, Glenn Sturgeon, Edwin Roderiques, Joanne Carrol-Connor, Michael Murray, Matthew Pittman, and Dean Royer in support of [11-1] motion to dismiss, filed. c/s. (jdj) (Entered: 06/21/1994)	June 21, 1994	June 21, 1994 PACER
28	Motion by L. Scott Harshbarger to dismiss amended complaint, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 06/21/1994)	June 21, 1994	June 21, 1994 PACER
29	Memorandum by L. Scott Harshbarger in support of [28-1] motion to dismiss amended complaint, filed. (jdj) (Entered: 06/21/1994)	June 21, 1994	June 21, 1994 PACER
30	Response by Michelle Kosilek in opposition to [28-1] motion to dismiss amended complaint, filed. (jdj) (Entered: 06/27/1994)	June 27, 1994	June 27, 1994 PACER
32	Memorandum by Bettina Borders in support of [31-1] motion to dismiss, filed. (jdj) (Entered: 07/01/1994)	June 30, 1994	June 30, 1994 PACER
33	Affidavit of Bettina Borders, re: [31-1] motion to dismiss, filed. (jdj) (Entered: 07/01/1994)	June 30, 1994	June 30, 1994 PACER
31	Motion by Bettina Borders to dismiss, filed. (jdj) (Entered: 07/01/1994)	July 1, 1994	July 1, 1994 PACER
	Motion(s) no longer referred: [28-1] motion to dismiss amended complaint, [21-1] motion for partial summary judgment, [6-1] motion to dismiss for failure to state claim . (vah)	Dec. 16, 1994	Dec. 16, 1994 PACER
	Add and Terminate Judges	Dec. 16, 1994	Dec. 16, 1994 PACER
34	Report and Recommendations by Mag. Judge Zachary R. Karol re: [28-1] motion to dismiss amended complaint, [21-1] motion for partial summary judgment, [6-1] motion to dismiss for failure to state claim entered; Magistrate's Recommendation: . Objection to R and R due by 12/26/94 . Motion no longer referred: . (jdj) (Entered: 12/16/1994)	Dec. 16, 1994	Dec. 16, 1994 PACER
35	Objections by David R. Nelson to [34-1] report and recommendations, filed. (jdj) (Entered: 12/27/1994)	Dec. 27, 1994	Dec. 27, 1994 PACER
	Description not available	Dec. 27, 1994	Dec. 27, 1994 PACER
	Motion by Michelle Kosilek to further amend [1-1] complaint, filed. Referred to Mag. Judge Zachary R. Karol(jdj)	Dec. 27, 1994	Dec. 27, 1994 PACER
38	Motion by Michelle Kosilek to proceed in forma pauperis, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 12/30/1994)	Dec. 30, 1994	Dec. 30, 1994 PACER
39	Affidavit of Michelle Kosilek, re: [38-1] motion to proceed in forma pauperis, filed. (jdj) (Entered: 12/30/1994)	Dec. 30, 1994	Dec. 30, 1994 PACER
40	Financial Affidavit by Michelle Kosilek, filed. (jdj) (Entered: 12/30/1994)	Dec. 30, 1994	Dec. 30, 1994 PACER
41	Motion by Michelle Kosilek for appointment of counsel, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 12/30/1994)	Dec. 30, 1994	Dec. 30, 1994 PACER
42	Motion by Bettina Borders to extend time to file motion to dismiss, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 01/04/1995)	Jan. 4, 1995	Jan. 4, 1995 PACER
43	Plaintiffs response to defendant Nelsons objections to Magistrates Report of 12/16/94 (jdj) (Entered: 01/18/1995)	Jan. 18, 1995	Jan. 18, 1995 PACER
	Per request of Magistrate Karol pleadings # 36 & 37 have been retuned to plaintiff pursuant to Rule 15.1 (addition of new parties). (jdj)	Jan. 19, 1995	Jan. 19, 1995 PACER
	Docket Annotation	Jan. 19, 1995	Jan. 19, 1995 PACER
44	Letter by Michelle Kosilek dated: 2/1/95 to: court re: motion to amend, filed. (jdj) (Entered: 02/03/1995)	Feb. 3, 1995	Feb. 3, 1995 PACER
45	Motion by Michelle Kosilek for appointment of counsel, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 02/03/1995)	Feb. 3, 1995	Feb. 3, 1995 PACER
	Motion(s) no longer referred: [31-1] motion to dismiss . (vah)	Feb. 7, 1995	Feb. 7, 1995 PACER
	CASE NO LONGER REFERRED TO Mag. Judge Zachary R. Karol . (vah)	Feb. 7, 1995	Feb. 7, 1995 PACER
	Add and Terminate Judges	Feb. 7, 1995	Feb. 7, 1995 PACER
46	Report and Recommendations by Mag. Judge Zachary R. Karol re: [31-1] motion to dismiss entered; Magistrate's Recommendation: granted . Objection to R and R due by 2/17/95 . Motion no longer referred: . (jdj) (Entered: 02/07/1995)	Feb. 7, 1995	Feb. 7, 1995 PACER
47	Objections by Michelle Kosilek to [46-1] report and recommendations, filed. (jdj) (Entered: 02/13/1995)	Feb. 13, 1995	Feb. 13, 1995 PACER
48	Motion by Bettina Borders for summary judgment, filed. (cmg) (Entered: 03/10/1995)	March 10, 1995	March 10, 1995 PACER
	Terminated document mooting [38-1] motion to proceed in forma pauperis Requested by Thomas Quinn. filing fee having been paid (vah)	Sept. 29, 1995	Sept. 29, 1995 PACER
	Terminate Documents	Sept. 29, 1995	Sept. 29, 1995 PACER
49	Judge Mark L. Wolf . Order entered granting [31-1] motion to dismiss of Glenn Sturgeon, Edwin Rodriques, Joanne Carrol-Connor, Michael Murray, Matthew Pittman and Dean Royer, denying [21-1] motion for partial summary judgment, granting [11-1] motion to dismiss, denying [6-1] motion to dismiss for failure to state claim, set amended pleadings due for 2/16/96 . Parties shall file consent to magistrate trial in a timely manner, if no party informs it will be deemed consented to and transferred. cc/cl. (cjn) (Entered: 01/05/1996)	Jan. 4, 1996	Jan. 4, 1996 PACER
	Terminated document terminating [48-1] motion for summary judgment, terminating [45-1] motion for appointment of counsel, terminating [42-1] motion to extend time to file motion to dismiss, terminating [41-1] motion for appointment of counsel, terminating [28-1] motion to dismiss amended complaint.. See 1-4-96 Memo. Requested by Zita Lovett. (cjn)	Jan. 10, 1996	Jan. 10, 1996 PACER
	Terminate Documents	Jan. 10, 1996	Jan. 10, 1996 PACER
50	Answer by David R. Nelson to complaint; jury demand, filed. c/s. (cjn) (Entered: 02/06/1996)	Feb. 5, 1996	Feb. 5, 1996 PACER
51	Consent to trial by Magistrate by David R. Nelson, filed. c/s. (cjn) (Entered: 02/06/1996)	Feb. 5, 1996	Feb. 5, 1996 PACER
52	Consent to trial by Magistrate by Michelle Kosilek, filed. (cjn) (Entered: 02/23/1996)	Feb. 20, 1996	Feb. 20, 1996 PACER
53	Letter by Michelle Kosilek dated: 2/14/96 to: Clerk re: pending motions filed. c/s. (cjn) (Entered: 02/23/1996)	Feb. 20, 1996	Feb. 20, 1996 PACER
	Case reassigned from Judge Wolf to Mag. Judge Zachary R. Karol for all purposes, including trial and entry of final judgment. Notice sent to counsel. (cjn)	Feb. 26, 1996	Feb. 26, 1996 PACER
	Order case reassigned to Magistrate Judge for Trial	Feb. 26, 1996	Feb. 26, 1996 PACER
54	Letter by Michelle Kosilek dated: 9/24/96 to: Clerk re: pending filed. (cjn) (Entered: 09/25/1996)	Sept. 24, 1996	Sept. 24, 1996 PACER
55	Letter dated: 2/13/97 to: Ms. Kosilek re: assignment of case filed. (sad) (Entered: 02/20/1997)	Feb. 13, 1997	Feb. 13, 1997 PACER
56	Notice of dismissal for want of prosecution wihout further notice after 30 days, filed. cc/cl (sad) (Entered: 02/09/1998)	Feb. 6, 1998	Feb. 6, 1998 PACER
57	Letter by Michelle Kosilek dated: 2/14/98 to: the Court re: Explanation pursuant to Local Rule 41.1(a)(3), filed. (tmc) (Entered: 02/24/1998)	Feb. 18, 1998	Feb. 18, 1998 PACER
58	Response by David R. Nelson in opposition to [57-1] remark filed. c/s (tmc) (Entered: 03/04/1998)	Feb. 23, 1998	Feb. 23, 1998 PACER
59	Motion by Michelle Kosilek for Hearing, filed. (lau) (Entered: 02/04/1999)	Dec. 28, 1998	Dec. 28, 1998 PACER
60	Response by David R. Nelson in opposition to [59-1] motion for Hearing, filed. (lau) (Entered: 02/04/1999)	Jan. 7, 1999	Jan. 7, 1999 PACER
61	Mag. Judge Zachary R. Karol . Order entered, set status conference for reset to 10:30 3/3/99 . Entered (lau) Modified on 04/15/1999 (Entered: 02/08/1999)	Feb. 5, 1999	Feb. 5, 1999 PACER
62	Response by David R. Nelson in opposition to plaintiff's motion to amend and motion for injunctive relief, filed. (lau) (Entered: 02/23/1999)	Feb. 22, 1999	Feb. 22, 1999 PACER
63	Motion by David R. Nelson to dismiss for lack of prosecution, filed. (lau) (Entered: 02/23/1999)	Feb. 22, 1999	Feb. 22, 1999 PACER
64	Certificate of Consultation re: [63-1] motion to dismiss for lack of prosecution, filed. (lau) (Entered: 02/23/1999)	Feb. 22, 1999	Feb. 22, 1999 PACER
65	Motion by Michelle Kosilek to further amend, filed. (lau) (Entered: 02/23/1999)	Feb. 23, 1999	Feb. 23, 1999 PACER
66	Motion by Michelle Kosilek for injunctive relief, filed. (lau) (Entered: 02/23/1999)	Feb. 23, 1999	Feb. 23, 1999 PACER
67	Motion by Michelle Kosilek for appointment of counsel, filed. (lau) (Entered: 02/23/1999)	Feb. 23, 1999	Feb. 23, 1999 PACER
68	Certificate of service by Michelle Kosilek re: [67-1] motion for appointment of counsel, [66-1] motion for injunctive relief, [65-1] motion to further amend, filed. (lau) (Entered: 02/23/1999)	Feb. 23, 1999	Feb. 23, 1999 PACER
	Status conference held . (lau)	March 3, 1999	March 3, 1999 PACER
	Status Conference	March 3, 1999	March 3, 1999 PACER
	Mag. Judge Zachary R. Karol . Endorsed Order entered granting [65-1] motion to further amend. Entered (lau)	March 4, 1999	March 4, 1999 PACER
	Mag. Judge Zachary R. Karol . Endorsed Order entered denying [67-1] motion for appointment of counsel. Entered (lau)	March 4, 1999	March 4, 1999 PACER
	Mag. Judge Zachary R. Karol . Endorsed Order entered denying [45-1] motion for appointment of counsel. Entered (lau)	March 4, 1999	March 4, 1999 PACER
	Mag. Judge Zachary R. Karol . Endorsed Order entered denying [63-1] motion to dismiss for lack of prosecution. Entered (lau)	March 4, 1999	March 4, 1999 PACER
	Description not available	March 4, 1999	March 4, 1999 PACER
69	Mag. Judge Zachary R. Karol. Order entered: Pltf's Motion to Further Amend her Complaint is Allowed. Michael T. Maloney, Comm. of the Mass. Dept of Corrections, having agreed to aceept service, is a Deft in this case from today's date. Deft Maloney shall respond to pltf's amneded complaint, as set for within Pltf's motion to Amend, by way of answer or dispositive motion, on or before 4/16/99. Deft Maloney shall also respond to pltf's Motion for Injunctive Relief (Docket No. 61) on or before 4/16/99. Deft Maloney shall notify the Court as quickly as possible as to wheterh or not he consents to magistrate judge jurisdiction in this case. Deft Nelson's Motion to Dismiss for Lack of Prosecution is Denied. set discovery due for 6/4/99, set dispositive motion filing deadline for 7/9/99, Response to dispositive motions by 8/13/99, motion . (ktb) (Entered: 04/15/1999)	March 4, 1999	March 4, 1999 PACER
100	Motion by Michelle Kosilek for procedural clarification, filed, c/s. (ktb) (Entered: 07/08/1999)	March 30, 1999	March 30, 1999 PACER
131	Motion by Michelle Kosilek for summary judgment with incorporated memorandum of law, And Attachments, filed. (received for docketing 11/23/99) (ktb) (Entered: 11/24/1999)	April 5, 1999	April 5, 1999 PACER
89	Motion by Michael T. Maloney to dismiss the pltf's amended complaint, filed, c/s. (ktb) (Entered: 07/08/1999)	April 16, 1999	April 16, 1999 PACER
90	Memorandum by Michael T. Maloney in support of [89-1] motion to dismiss the pltf's amended complaint, filed. (ktb) (Entered: 07/08/1999)	April 16, 1999	April 16, 1999 PACER
91	Response by Michael T. Maloney in opposition to Pltf's motion for Preliminary injunction, FILED, c/s. (ktb) (Entered: 07/08/1999)	April 16, 1999	April 16, 1999 PACER