Case: Adams v. Federal Bureau of Prisons

1:09-cv-10272 | U.S. District Court for the District of Massachusetts

Filed Date: Feb. 24, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On February 24, 2009, a prisoner serving her sentence in a facility operated by the Federal Bureau of Prisons filed a lawsuit in the U.S. District Court for the District of Massachusetts against the Federal Bureau of Prisons. The plaintiff, represented by public interest and private attorneys, sought declaratory and injunctive relief, alleging that the prison's refusal to provide medical care for plaintiff's Gender Dysphoria (GD) constituted a violation of the Eighth Amendment.The plaintiff was…

On February 24, 2009, a prisoner serving her sentence in a facility operated by the Federal Bureau of Prisons filed a lawsuit in the U.S. District Court for the District of Massachusetts against the Federal Bureau of Prisons. The plaintiff, represented by public interest and private attorneys, sought declaratory and injunctive relief, alleging that the prison's refusal to provide medical care for plaintiff's Gender Dysphoria (GD) constituted a violation of the Eighth Amendment.

The plaintiff was diagnosed with GD in 2005 by mental health providers employed by the Federal Bureau of Prisons. Despite knowledge of the diagnosis, the prison refused to provide medical treatment. Following a suicide attempt and self-mutilation by the plaintiff, the prison transferred the plaintiff to an inpatient mental health unit. At the mental health unit, the plaintiff was still denied sufficient treatment, even being disciplined for continued attempts at self-mutilation. The plaintiff's complaint alleged that the prison promulgated and enforced a policy that denies prisoners with GD, including the plaintiff, individualized evaluation and constitutionally adequate treatment. Furthermore, she alleged that the prison's medical director and psychiatrist failed and refused to treat her GD.

On July 10, 2009, the plaintiff filed an amended complaint. After a motion to dismiss the amended complaint was denied, the parties entered into mediation and settlement talks. As part of the parties' settlement agreement, the Federal Bureau of Prisons agreed to issue guidance relating to the treatment of prisoners with GD. The defendant also agreed to: note in plaintiff's medical file to address her as "she", sign a declaration indicating it has no opposition to a name change, continue to provide the plaintiff with appropriate hormone treatment unless medically contraindicated, provide the plaintiff access to female commissary items, provide hair removal treatment, consult with the plaintiff regarding vocal therapy, and evaluate treatment after eighteen months.

On September 29, 2011, the court (Judge Joseph Tauro) approved the parties' stipulation of voluntary dismissal with prejudice.

Summary Authors

Priyah Kaul (11/2/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4273587/parties/adams-v-federal-bureau-of-prisons/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Adebonojo, Kenneth (Massachusetts)

Bacchus, Renee A. (Massachusetts)

Bajada, Frances C. (Massachusetts)

Bennett, Michelle Renee (Massachusetts)

Bergman, Jacob Max (Massachusetts)

Attorney for Defendant

Adebonojo, Kenneth (Massachusetts)

Bacchus, Renee A. (Massachusetts)

Bajada, Frances C. (Massachusetts)

Bennett, Michelle Renee (Massachusetts)

Bergman, Jacob Max (Massachusetts)

Blain, Jennifer Ellen (Massachusetts)

Blain, Ellen (Massachusetts)

Blutter, Sarah C (Massachusetts)

Brenton, Kyle W. (Massachusetts)

Brooker, Gregory G (Massachusetts)

Brown, Logan P. (Massachusetts)

Butler, Michael (Massachusetts)

Cargo, Shane Patrick (Massachusetts)

Chicago, AUSA - (Massachusetts)

Cho, James R. (Massachusetts)

Cohen, Nathalie Erin (Massachusetts)

Cook, Marcy Elizabeth (Massachusetts)

Cook, Clay C. (Massachusetts)

Coordinator, Litigation (Massachusetts)

Counsel, Bureau of (Massachusetts)

Dickey, Lauren Marie (Massachusetts)

Eskew, David Michael (Massachusetts)

Fauci, James J. (Massachusetts)

Field, Katherine Mesenbring (Massachusetts)

Giacomazzi, Mia Anne (Massachusetts)

Gov, Kristi H. (Massachusetts)

Grady, Mark J. (Massachusetts)

Grubman, Scott Robert (Massachusetts)

Hagerty, Elizabeth (Massachusetts)

Horn, Stephen M. (Massachusetts)

Kabrawala, Ameet B. (Massachusetts)

Kapnik, Benjamin I. (Massachusetts)

LA-CV, Assistant US (Massachusetts)

Lee, Jonathan U (Massachusetts)

Licht-Steenfat, Jacob (Massachusetts)

McKeon, Mark Joseph (Massachusetts)

Moskowitz, David Z. (Massachusetts)

Mundell, Melissa Stebbins (Massachusetts)

Padden, Amy L. (Massachusetts)

Page, Wesley (Massachusetts)

Pfannenschmidt, Dennis (Massachusetts)

Pinchas, David E (Massachusetts)

Plourde, T. David (Massachusetts)

Prose, Susan Begesse (Massachusetts)

Rovner, Allison (Massachusetts)

Schachner, Elliot M. (Massachusetts)

Schock, Karl L. (Massachusetts)

Simpson, D. Brian (Massachusetts)

Simpson, Donald (Massachusetts)

Soloway, Alan M. (Massachusetts)

Steiner, Logan Ann (Massachusetts)

Swauger, Melissa (Massachusetts)

Taylor, Andrea L. (Massachusetts)

Thiel, G. (Massachusetts)

Tinio, Rebecca Sol (Massachusetts)

Traskos, Kevin Thomas (Massachusetts)

Vassallo, Kristin L. (Massachusetts)

Villasenor, Juan Gonzalo (Massachusetts)

Vincent, Katherine W (Massachusetts)

Voss, Ana H (Massachusetts)

Walker, Cristina (Massachusetts)

Wilson, Sarah Stevens (Massachusetts)

Wyatt, Nathan E. (Massachusetts)

Yu, Li (Massachusetts)

Documents in the Clearinghouse

Documents in this case

1:09-cv-10272

Docket

Feb. 19, 2013

Feb. 19, 2013

Docket
1

1:09-cv-10272

Complaint

Feb. 24, 2009

Feb. 24, 2009

Complaint
16

1:09-cv-10272

Plaintiff's First Amended Complaint

July 10, 2009

July 10, 2009

Complaint
26

1:09-cv-10272

Memorandum

June 7, 2010

June 7, 2010

Order/Opinion

716 F.Supp.2d 107

53

1:09-cv-10272

Stipulation of Voluntary Dismissal With Prejudice

Sept. 29, 2011

Sept. 29, 2011

Pleading / Motion / Brief

1:09-cv-10272

Stipulation for Compromise Settlement and Release

Sept. 29, 2011

Sept. 29, 2011

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4273587/adams-v-federal-bureau-of-prisons/

Last updated June 15, 2026, 7:04 a.m.

Docket for: Adams v. Federal Bureau of Prisons
ECF Number Date Description Link
1 Feb. 24, 2009

COMPLAINT against Federal Bureau of Prisons, Harley G. Lapin, Newton E Kendig, James Fletcher, MD, filed by Nicholas Adams. (Attachments: # 1 Civil Cover Sheet and Category Sheets)(Boyce, Kathy) (Entered: 02/24/2009)

2 Civil Cover Sheet and Category Sheets

View on PACER

RECAP
2 Feb. 24, 2009

Summons Issued as to Federal Bureau of Prisons, Harley G. Lapin, Newton E Kendig, James Fletcher, MD, U.S. Attorney and U.S. Attorney General 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. (Boyce, Kathy) (Entered: 02/24/2009)

RECAP
3 Feb. 24, 2009

NOTICE of Appearance by Allyson E. Kurker on behalf of Nicholas Adams (Kurker, Allyson) (Entered: 02/24/2009)

RECAP
4 Feb. 24, 2009

MOTION for Leave to Appear Pro Hac Vice for admission of Jody Marksamer by Nicholas Adams. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kurker, Allyson) (Entered: 02/24/2009)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

RECAP
5 Feb. 24, 2009

MOTION for Leave to Appear Pro Hac Vice for admission of Cassandra Capobianco by Nicholas Adams. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kurker, Allyson) (Entered: 02/24/2009)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

RECAP
6 Feb. 24, 2009

MOTION for Leave to Appear Pro Hac Vice for admission of Shannon Minter by Nicholas Adams. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kurker, Allyson) (Entered: 02/24/2009)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

RECAP
7 March 2, 2009

NOTICE of Appearance by Jennifer L. Levi on behalf of Vanessa Adams (Levi, Jennifer) (Entered: 03/02/2009)

RECAP
8 March 11, 2009

AFFIDAVIT OF SERVICE Executed by Vanessa Adams. James Fletcher, MD served on 2/28/2009, answer due 3/20/2009. Acknowledgement filed by Vanessa Adams. (Kurker, Allyson) (Entered: 03/11/2009)

RECAP
9 March 19, 2009

NOTICE of Appearance by James J. Fauci on behalf of Federal Bureau of Prisons, Harley G. Lapin, Newton E Kendig, James Fletcher, MD (Fauci, James) (Entered: 03/19/2009)

RECAP
10 April 9, 2009

AFFIDAVIT OF SERVICE Executed by Vanessa Adams. Federal Bureau of Prisons served on 2/27/2009, answer due 3/19/2009; Harley G. Lapin served on 2/27/2009, answer due 3/19/2009; Newton E Kendig served on 2/27/2009, answer due 3/19/2009. Acknowledgement filed by Vanessa Adams. (Levi, Jennifer) (Entered: 04/09/2009)

RECAP
11 April 17, 2009

Assented to MOTION for Extension of Time to June 5, 2009 to File Responsive Pleading by Federal Bureau of Prisons, Harley G. Lapin, Newton E Kendig, James Fletcher, MD.(Fauci, James) (Entered: 04/17/2009)

RECAP
12 June 5, 2009

MOTION to Dismiss by Federal Bureau of Prisons, Harley G. Lapin, Newton E Kendig, James Fletcher, MD.(Fauci, James) (Entered: 06/05/2009)

RECAP
13 June 5, 2009

MEMORANDUM in Support re 12 MOTION to Dismiss filed by Federal Bureau of Prisons, Harley G. Lapin, Newton E Kendig, James Fletcher, MD. (Attachments: # 1 Exhibit)(Fauci, James) (Entered: 06/05/2009)

2 Exhibit

View on PACER

RECAP
14 June 18, 2009

NOTICE by Vanessa Adams of Non-Opposition to 12 Defendants' Motion to Dismiss Defendant Fletcher (Capobianco, Cassandra) Modified on 6/30/2009 (Abaid, Kimberly). Modified on 6/30/2009 (Abaid, Kimberly). (Entered: 06/18/2009)

RECAP
15 June 25, 2009

Judge Joseph L. Tauro: ORDER entered 12 Motion to Dismiss Count IV of the Complaint is ALLOWED WITHOUT OPPOSITION. (Abaid, Kimberly) (Entered: 06/26/2009)

RECAP
16 July 10, 2009

First AMENDED COMPLAINT against Federal Bureau of Prisons, Harley G. Lapin, Newton E Kendig, filed by Vanessa Adams.(Capobianco, Cassandra) (Entered: 07/10/2009)

RECAP
17 July 21, 2009

MOTION for Extension of Time to August 24, 2009 to File Response/Reply by Federal Bureau of Prisons.(Fauci, James) (Entered: 07/21/2009)

RECAP
18 Aug. 14, 2009

Emergency MOTION Unopposed by Defendants seeking Order Issued by Tuesday, August 18, 2009 Directing Defendant BOP to Allow Plaintiff's Expert a Contact Visit with Plaintiff on August 20, 2009 by Vanessa Adams.(Capobianco, Cassandra) (Entered: 08/14/2009)

RECAP
19 Aug. 19, 2009

Second MOTION for Extension of Time to September 10, 2009 to File Response/Reply Unopposed by Federal Bureau of Prisons, Harley G. Lapin, Newton E Kendig, James Fletcher, MD.(Fauci, James) (Entered: 08/19/2009)

RECAP
20 Sept. 10, 2009

MOTION to Dismiss The Amended Complaint by Federal Bureau of Prisons, Harley G. Lapin, Newton E Kendig, James Fletcher, MD.(Fauci, James) (Entered: 09/10/2009)

RECAP
21 Sept. 10, 2009

MEMORANDUM in Support re 20 MOTION to Dismiss The Amended Complaint filed by Federal Bureau of Prisons, Harley G. Lapin, Newton E Kendig, James Fletcher, MD. (Attachments: # 1 Affidavit Patrick C. Gariety, M.D., # 2 Affidavit Cheryl Magnusson)(Fauci, James) (Entered: 09/10/2009)

2 Affidavit Patrick C. Gariety, M.D.

View on PACER

3 Affidavit Cheryl Magnusson

View on PACER

RECAP
22 Sept. 21, 2009

MOTION for Extension of Time to October 23, 2009 to File opposition to defendants' motion to dismiss by Vanessa Adams.(Kurker, Allyson) (Entered: 09/21/2009)

RECAP
23 Oct. 13, 2009

Second MOTION for Extension of Time to November 23, 2009 to File Response/Reply Unopposed by Vanessa Adams.(Capobianco, Cassandra) (Entered: 10/13/2009)

RECAP
24 Nov. 23, 2009

Opposition re 20 MOTION to Dismiss The Amended Complaint filed by Vanessa Adams. (Attachments: # 1 Affidavit of Dr. Randi Ettner)(Kurker, Allyson) (Entered: 11/23/2009)

2 Affidavit of Dr. Randi Ettner

View on PACER

RECAP
25 Dec. 1, 2009

NOTICE by Vanessa Adams re 24 Opposition to Motion of filing Curricum Vitae of Dr. Randi Ettner (Attachments: # 1 Curriculum Vitae of Dr. Randi Ettner)(Capobianco, Cassandra) (Entered: 12/01/2009)

2 Curriculum Vitae of Dr. Randi Ettner

View on PACER

RECAP
26 June 7, 2010

Judge Joseph L. Tauro: Judge Joseph L. Tauro: MEMORANDUM AND ORDER entered re 20 . AN ORDER HAS ISSUED. (Geraldino-Karasek, Clarilde)

RECAP
27 June 7, 2010

Judge Joseph L. Tauro: ORDER entered DENIED re 20 Defendants' Motion to Dismiss the Amended Complaint. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) (Entered: 06/07/2010)

RECAP
28 June 17, 2010

Assented to MOTION for Extension of Time to June 25, 2010 to File Response/Reply by Federal Bureau of Prisons.(Fauci, James) (Entered: 06/17/2010)

RECAP
29 June 25, 2010

ANSWER to 16 Amended Complaint by Federal Bureau of Prisons, Newton E Kendig, Harley G. Lapin.(Fauci, James) (Entered: 06/25/2010)

RECAP
30 Aug. 11, 2010

NOTICE of Scheduling Conference set for 9/17/2010 10:30 AM in Courtroom 22 before Judge Joseph L. Tauro. IS CANCELED. SEE RESCHEDULED NOTICE 32 .(Geraldino-Karasek, Clarilde) Modified to correct docket entry on 8/12/2010 ). (Entered: 08/11/2010)

RECAP
31 Aug. 11, 2010

Judge Joseph L. Tauro: RULE 26 DISCOVERY ORDER entered. (Geraldino-Karasek, Clarilde) (Entered: 08/11/2010)

RECAP
32 Aug. 11, 2010

NOTICE rescheduled : Scheduling Conference is set for 9/7/2010 10:30 AM in Courtroom 22 before Judge Joseph L. Tauro. (Geraldino-Karasek, Clarilde) (Entered: 08/11/2010)

RECAP
33 Aug. 30, 2010

NOTICE of Change of Address or Firm Name by Allyson E. Kurker (Kurker, Allyson) (Entered: 08/30/2010)

RECAP
34 Aug. 31, 2010

First JOINT STATEMENT re scheduling conference. (Attachments: # 1 Exhibit Plaintiff's Rule 16.4 Certification)(Capobianco, Cassandra) (Entered: 08/31/2010)

1 Exhibit Plaintiff's Rule 16.4 Certification

View on PACER

RECAP
35 Sept. 3, 2010

MOTION for Reconsideration re 27 Order on Motion to Dismiss, Or, In the Alternative, to Limit Discovery by Federal Bureau of Prisons.(Fauci, James) (Entered: 09/03/2010)

RECAP
36 Sept. 3, 2010

MEMORANDUM in Support re 35 MOTION for Reconsideration re 27 Order on Motion to Dismiss, Or, In the Alternative, to Limit Discovery filed by Federal Bureau of Prisons. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fauci, James) (Entered: 09/03/2010)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

RECAP
37 Sept. 8, 2010

Judge Joseph L. Tauro: ORDER entered DENIED re 35 MOTION for Reconsideration. Discovery to be completed by 3/7/2011). Plaintiff shall serve expert her report(s) by May 9, 2011 and Defendant shall serve their expert report(s) by June 9, 2011. Parties may conduct depositions ( SEE ORDER FOR DETAILS ) No further Discovery is permitted without leave of this court. Status Conference set for 6/22/2011 02:15 PM in Courtroom 22 before Judge Joseph L. Tauro. This case is hereby REFERRED to a Magistrate Judge for Mediation. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) (Entered: 09/08/2010)

RECAP
38 Sept. 14, 2010

Judge Joseph L. Tauro: ORDER entered REFERRING CASE to Alternative Dispute Resolution.(Geraldino-Karasek, Clarilde) (Entered: 09/14/2010)

RECAP
39 Sept. 23, 2010

Magistrate Judge Kenneth P. Neiman. ORDER with respect to Mediation ENTERED, cc:cl. Mediation set for 11/9/2010 at 10:00 AM in Hampshire Courtroom before Magistrate Judge Kenneth P. Neiman; confidential mediation memoranda shall be submitted to the court by no later than 11/4/10. See order for details.(Healy, Bethaney) (Entered: 09/23/2010)

RECAP
40 Oct. 29, 2010

MOTION for Leave to Appear Pro Hac Vice for admission of Diane Hertz Filing fee: $ 50, receipt number 0101-3129749 by Vanessa Adams. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kurker, Allyson) (Entered: 10/29/2010)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

RECAP
41 Nov. 9, 2010

REPORT of Alternative Dispute Resolution Provider. "There was progress. Another mediation conference is scheduled for January 12, 2011 at 10:00 a.m." (Healy, Bethaney) (Entered: 11/10/2010)

RECAP
42 Nov. 19, 2010

MOTION for Leave to Appear Pro Hac Vice Filing fee: $ 50, receipt number 0101-3158036 by Vanessa Adams. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kurker, Allyson) (Entered: 11/19/2010)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

RECAP
43 Jan. 20, 2011

REPORT of Alternative Dispute Resolution Provider. "There was progress. A further telephone conference will take place on Friday, January 21, 2011, at 12:30 p.m." (Healy, Bethaney) (Entered: 01/20/2011)

RECAP
44 Jan. 21, 2011

REPORT of Alternative Dispute Resolution Provider. "There was progress. Another telephone conference is scheduled for 2/11/11 at 1:00 p.m." (Healy, Bethaney) (Entered: 01/21/2011)

RECAP
45 Jan. 25, 2011

Joint MOTION to Stay for Discovery and Status Conference at End of Stay by Federal Bureau of Prisons.(Fauci, James) (Entered: 01/25/2011)

RECAP
46 Feb. 10, 2011

MOTION to Reschedule Teleconference Regarding Mediation by Federal Bureau of Prisons.(Fauci, James) (Entered: 02/10/2011)

RECAP
47 March 8, 2011

REPORT of Alternative Dispute Resolution Provider. "There was progress. Another telephone conference is scheduled for March 28, 2011, at 1:00 p.m. and another in person conference is scheduled for April 18, 2011, at 10:00 a.m." (Healy, Bethaney) (Entered: 03/08/2011)

RECAP
48 March 28, 2011

REPORT of Alternative Dispute Resolution Provider. There was continued progress. An in-person conference is scheduled for April 18, 2011, at 10:00 a.m. (Healy, Bethaney) (Entered: 03/28/2011)

RECAP
49 April 20, 2011

REPORT of Alternative Dispute Resolution Provider. "Settled. The court, however, should not dismiss the case until the parties file their settlement agreement with the court and, thereafter, file a stipulation of dismissal in accord with the settlement agreement, which might not occur for another 100 days or so." (Healy, Bethaney) (Main Document 49 replaced on 4/21/2011) (Healy, Bethaney). (Entered: 04/20/2011)

RECAP
50 April 20, 2011

Joint MOTION for Extension of Time to July 29, 2011 to Stay Discovery by Federal Bureau of Prisons.(Fauci, James) (Entered: 04/20/2011)

RECAP
51 May 24, 2011

Order on Motion for Extension of Time

RECAP
52 July 25, 2011

Motion for Miscellaneous Relief

RECAP
53 Sept. 29, 2011

Stipulation of Dismissal

1 *Restricted*

View on PACER

RECAP

Case Details

State / Territory:

Massachusetts

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Transgender Healthcare Access Cases

Key Dates

Filing Date: Feb. 24, 2009

Closing Date: 2011

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A prisoner in the Federal Bureau of Prisons who suffers from Gender Identity Disorder.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

GLAD (GLBTQ Legal Advocates & Defenders)

National Center for Lesbian Rights (NCLR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Federal Bureau of Prisons

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

District of Massachusetts 1:09-cv-10272

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Discrimination Prohibition

Provide antidiscrimination training

Reporting

Issues

General/Misc.:

Classification / placement

Personal injury

Discrimination Basis:

Gender identity

Jails, Prisons, Detention Centers, and Other Institutions:

Suicide prevention (facilities)

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Self-injurious behaviors

Suicide prevention

Recommended Citation