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.

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

Brody, David I. (Massachusetts)

Chan, Christina Y. (Massachusetts)

Attorney for Defendant

Beauregard, Philip N. (Massachusetts)

Brighton, Anthony R. (Massachusetts)

Expert/Monitor/Master/Other

Alexander, Christine M. (Massachusetts)

Judge(s)

Lynch, Sandra Lea (Massachusetts)

Selya, Bruce Marshall (Rhode Island)

Wolf, Mark Lawrence (Massachusetts)

Attorney for Plaintiff

Brody, David I. (Massachusetts)

Chan, Christina Y. (Massachusetts)

Chiasson, Jen Chase (Massachusetts)

Chiasson-Aronoff, Jen Chase (Massachusetts)

Cohen, Frances S. (Massachusetts)

Craft, Jared A. (Massachusetts)

Kosilek, Michelle (Massachusetts)

Pyle, Jeffrey Jackson (Massachusetts)

Sulman, Joseph L. (Massachusetts)

Attorney for Defendant

Beauregard, Philip N. (Massachusetts)

Brighton, Anthony R. (Massachusetts)

Crawshaw, Victoria A. (Massachusetts)

Eiro-Bartevyan, Mary C. (Massachusetts)

Franco, Michael (Massachusetts)

Hanson, Herbert C. (Massachusetts)

Henry, Bruce R. (Massachusetts)

Hilton, David A. (Massachusetts)

Kennedy, Joan T. (Massachusetts)

McFarland, Richard C. (Massachusetts)

O'Shea, Stephen M. (Massachusetts)

Roby, Beverly Coles (Massachusetts)

Ross, Alyson R (Massachusetts)

Expert/Monitor/Master

Lipez, Kermit Victor (Maine)

Other

Alexander, Christine M. (Massachusetts)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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 8, 2025, 11:43 a.m.

Docket for: Kosilek v. Nelson

ECF Number	Date	Description	Link
	Nov. 24, 1992	Filing Fee Paid. Receipt #: 251391 Amount: $120.00. (fmr) (Entered: 11/30/1992)	PACER
	Nov. 24, 1992	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) (Entered: 11/30/1992)	PACER
1	Nov. 24, 1992	Complaint filed (fmr) (Entered: 11/30/1992)	RECAP
	Nov. 24, 1992	Filing Fee/Payment Received
	Nov. 24, 1992	Filing Fee Paid. Receipt #: 251391 Amount: $120.00. (fmr)
	Nov. 24, 1992	Summons Issued
	Nov. 24, 1992	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)
2	Nov. 30, 1992	Motion by Michelle Kosilek for appointment of counsel (jdj) (Entered: 11/30/1992)	RECAP
3	Nov. 30, 1992	Motion by Michelle Kosilek to proceed in forma pauperis (jdj) (Entered: 11/30/1992)	RECAP
4	Nov. 30, 1992	Plaintiffs explanation of attachments. (jdj) (Entered: 11/30/1992)	RECAP
5	Dec. 30, 1992	Letter to the court from plaintiff requesting emergency relief w/attachments. (jdj) (Entered: 12/30/1992)	RECAP
6	Jan. 19, 1993	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)	RECAP
7	Jan. 19, 1993	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)	RECAP
8	Jan. 19, 1993	Acknowledgement of service as to Bettina Borders (jdj) (Entered: 01/19/1993)	RECAP
9	Jan. 19, 1993	Answer to Complaint by Bettina Borders; jury demand (jdj) (Entered: 01/19/1993)	RECAP
10	Jan. 27, 1993	Acknowledgement of service as to Scott Harshbarger 1/22/93 (jdj) (Entered: 01/27/1993)	RECAP
11	Feb. 5, 1993	Motion by Scott Harshbarger to dismiss (jdj) (Entered: 02/05/1993)	RECAP
12	Feb. 5, 1993	Memorandum by Scott Harshbarger in support of [11-1] motion to dismiss (jdj) (Entered: 02/05/1993)	RECAP
13	Feb. 5, 1993	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)	RECAP
14	Feb. 8, 1993	Motion by Michelle Kosilek to amend [1-1] complaint (jdj) (Entered: 02/08/1993)	RECAP
15	Feb. 18, 1993	Response by Bettina Borders in opposition to [14-1] motion to amend [1-1] complaint (jdj) (Entered: 02/18/1993)	RECAP
16	April 27, 1993	Letter to the court from Phillip Beauregard requesting action on motion to dismiss. (jdj) (Entered: 04/27/1993)	RECAP
17	Aug. 23, 1993	Letter to the court regarding pending petition for writ of habeus corpus. (jdj) (Entered: 08/23/1993)	RECAP
	Oct. 20, 1993	Mail sent to Mishelle Kosilek returned by Post Office "not here" (jdj) (Entered: 10/20/1993)	PACER
	Oct. 20, 1993	Mail sent to Mishelle Kosilek returned by Post Office "not here" (jdj)
	Oct. 20, 1993	Mail Returned
18	Nov. 16, 1993	Letter filed by Michelle Kosilek dated 11/7/93 to Judge Wolf Re: status of case (jdj) (Entered: 11/16/1993)	RECAP
19	Dec. 29, 1993	Letter filed by Beverly R. Roby dated: 12/21/93 to: Mr Johnson re: pending motion to dismiss filed. (jdj) (Entered: 12/29/1993)	RECAP
20	Jan. 31, 1994	Letter filed by Beverly R. Roby dated: 1/27/94 to: Court regarding motion to dismiss filed. (jdj) (Entered: 01/31/1994)	RECAP
21	March 2, 1994	Motion by Michelle Kosilek for partial summary judgment (jdj) (Entered: 03/02/1994)	RECAP
22	March 16, 1994	Notice of change of address by Michelle Kosilek by Michelle Kosilek (jdj) (Entered: 03/16/1994)	RECAP
23	March 22, 1994	Letter filed by Phillip Beauregard dated: 3/22/94 to: Ms Whitney re: transfer of case filed. (jdj) (Entered: 03/25/1994)	RECAP
24	March 31, 1994	Answer to Complaint by Scott Harshbarger; jury demand (jdj) (Entered: 03/31/1994)	RECAP
25	April 21, 1994	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)	RECAP
26	June 7, 1994	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)	RECAP
27	June 21, 1994	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)	RECAP
28	June 21, 1994	Motion by L. Scott Harshbarger to dismiss amended complaint, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 06/21/1994)	RECAP
29	June 21, 1994	Memorandum by L. Scott Harshbarger in support of [28-1] motion to dismiss amended complaint, filed. (jdj) (Entered: 06/21/1994)	RECAP
30	June 27, 1994	Response by Michelle Kosilek in opposition to [28-1] motion to dismiss amended complaint, filed. (jdj) (Entered: 06/27/1994)	RECAP
32	June 30, 1994	Memorandum by Bettina Borders in support of [31-1] motion to dismiss, filed. (jdj) (Entered: 07/01/1994)	RECAP
33	June 30, 1994	Affidavit of Bettina Borders, re: [31-1] motion to dismiss, filed. (jdj) (Entered: 07/01/1994)	RECAP
31	July 1, 1994	Motion by Bettina Borders to dismiss, filed. (jdj) (Entered: 07/01/1994)	RECAP
	Dec. 16, 1994	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) (Entered: 10/04/1995)	PACER
34	Dec. 16, 1994	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)	RECAP
	Dec. 16, 1994	Add and Terminate Judges
	Dec. 16, 1994	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. 27, 1994	Motion by Michelle Kosilek to further amend [1−1] complaint , filed. Referred to Mag. Judge Zachary R. Karol(jdj) (Entered: 12/27/1994)	PACER
35	Dec. 27, 1994	Objections by David R. Nelson to [34-1] report and recommendations, filed. (jdj) (Entered: 12/27/1994)	RECAP
	Dec. 27, 1994	Motion by Michelle Kosilek to further amend [1-1] complaint, filed. Referred to Mag. Judge Zachary R. Karol(jdj)
	Dec. 27, 1994	Description not available
38	Dec. 30, 1994	Motion by Michelle Kosilek to proceed in forma pauperis, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 12/30/1994)	RECAP
39	Dec. 30, 1994	Affidavit of Michelle Kosilek, re: [38-1] motion to proceed in forma pauperis, filed. (jdj) (Entered: 12/30/1994)	RECAP
40	Dec. 30, 1994	Financial Affidavit by Michelle Kosilek, filed. (jdj) (Entered: 12/30/1994)	RECAP
41	Dec. 30, 1994	Motion by Michelle Kosilek for appointment of counsel, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 12/30/1994)	RECAP
42	Jan. 4, 1995	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)	RECAP
43	Jan. 18, 1995	Plaintiffs response to defendant Nelsons objections to Magistrates Report of 12/16/94 (jdj) (Entered: 01/18/1995)	RECAP
	Jan. 19, 1995	Per request of Magistrate Karol pleadings # 36 &37 have been retuned to plaintiff pursuant to Rule 15.1 (addition of new parties). (jdj) (Entered: 01/19/1995)	PACER
	Jan. 19, 1995	Docket Annotation
	Jan. 19, 1995	Per request of Magistrate Karol pleadings # 36 & 37 have been retuned to plaintiff pursuant to Rule 15.1 (addition of new parties). (jdj)
44	Feb. 3, 1995	Letter by Michelle Kosilek dated: 2/1/95 to: court re: motion to amend, filed. (jdj) (Entered: 02/03/1995)	RECAP
45	Feb. 3, 1995	Motion by Michelle Kosilek for appointment of counsel, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 02/03/1995)	RECAP
	Feb. 7, 1995	Motion(s) no longer referred: [31−1] motion to dismiss . (vah) (Entered: 10/04/1995)	PACER
46	Feb. 7, 1995	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)	RECAP
	Feb. 7, 1995	Motion(s) no longer referred: [31-1] motion to dismiss . (vah)
	Feb. 7, 1995	CASE NO LONGER REFERRED TO Mag. Judge Zachary R. Karol . (vah)
	Feb. 7, 1995	Add and Terminate Judges
47	Feb. 13, 1995	Objections by Michelle Kosilek to [46-1] report and recommendations, filed. (jdj) (Entered: 02/13/1995)	RECAP
48	March 10, 1995	Motion by Bettina Borders for summary judgment, filed. (cmg) (Entered: 03/10/1995)	RECAP
	Sept. 29, 1995	Terminated document mooting [38−1] motion to proceed in forma pauperis Requested by Thomas Quinn. filing fee having been paid (vah) (Entered: 10/04/1995)	PACER
	Sept. 29, 1995	Terminated document mooting [38-1] motion to proceed in forma pauperis Requested by Thomas Quinn. filing fee having been paid (vah)
	Sept. 29, 1995	Terminate Documents
49	Jan. 4, 1996	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)	RECAP
	Jan. 10, 1996	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) (Entered: 01/10/1996)	PACER
	Jan. 10, 1996	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	Terminate Documents
50	Feb. 5, 1996	Answer by David R. Nelson to complaint; jury demand, filed. c/s. (cjn) (Entered: 02/06/1996)	RECAP
51	Feb. 5, 1996	Consent to trial by Magistrate by David R. Nelson, filed. c/s. (cjn) (Entered: 02/06/1996)	RECAP
52	Feb. 20, 1996	Consent to trial by Magistrate by Michelle Kosilek, filed. (cjn) (Entered: 02/23/1996)	RECAP
53	Feb. 20, 1996	Letter by Michelle Kosilek dated: 2/14/96 to: Clerk re: pending motions filed. c/s. (cjn) (Entered: 02/23/1996)	RECAP
	Feb. 26, 1996	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) (Entered: 02/26/1996)	PACER
	Feb. 26, 1996	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	Order case reassigned to Magistrate Judge for Trial
54	Sept. 24, 1996	Letter by Michelle Kosilek dated: 9/24/96 to: Clerk re: pending filed. (cjn) (Entered: 09/25/1996)	RECAP
55	Feb. 13, 1997	Letter dated: 2/13/97 to: Ms. Kosilek re: assignment of case filed. (sad) (Entered: 02/20/1997)	RECAP
56	Feb. 6, 1998	Notice of dismissal for want of prosecution wihout further notice after 30 days, filed. cc/cl (sad) (Entered: 02/09/1998)	RECAP
57	Feb. 18, 1998	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)	RECAP
58	Feb. 23, 1998	Response by David R. Nelson in opposition to [57-1] remark filed. c/s (tmc) (Entered: 03/04/1998)	RECAP
59	Dec. 28, 1998	Motion by Michelle Kosilek for Hearing, filed. (lau) (Entered: 02/04/1999)	RECAP
60	Jan. 7, 1999	Response by David R. Nelson in opposition to [59-1] motion for Hearing, filed. (lau) (Entered: 02/04/1999)	RECAP
61	Feb. 5, 1999	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)	RECAP
62	Feb. 22, 1999	Response by David R. Nelson in opposition to plaintiff's motion to amend and motion for injunctive relief, filed. (lau) (Entered: 02/23/1999)	RECAP
63	Feb. 22, 1999	Motion by David R. Nelson to dismiss for lack of prosecution, filed. (lau) (Entered: 02/23/1999)	RECAP
64	Feb. 22, 1999	Certificate of Consultation re: [63-1] motion to dismiss for lack of prosecution, filed. (lau) (Entered: 02/23/1999)	RECAP
65	Feb. 23, 1999	Motion by Michelle Kosilek to further amend, filed. (lau) (Entered: 02/23/1999)	RECAP
66	Feb. 23, 1999	Motion by Michelle Kosilek for injunctive relief, filed. (lau) (Entered: 02/23/1999)	RECAP
67	Feb. 23, 1999	Motion by Michelle Kosilek for appointment of counsel, filed. (lau) (Entered: 02/23/1999)	RECAP
68	Feb. 23, 1999	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)	RECAP
	March 3, 1999	Status conference held . (lau) (Entered: 03/05/1999)	PACER
	March 3, 1999	Status conference held . (lau)
	March 3, 1999	Status Conference