Case: Hill v. United States of America

1:13-cv-03404 | U.S. District Court for the District of Colorado

Filed Date: Dec. 17, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On December 17, 2013, a transgender federal prisoner filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued the Federal Bureau of Prisons (BOP) under Bivens in violation of her Eight Amendment rights. Represented by Prisoners' Justice League of Colorado and private counsel, the plaintiff sought nominal, compensatory, and punitive damages. The plaintiff also sought an injunction requiring the BOP to provide her with permanent safe housing and adequate med…

On December 17, 2013, a transgender federal prisoner filed this lawsuit in the U.S. District Court for the District of Colorado. The plaintiff sued the Federal Bureau of Prisons (BOP) under Bivens in violation of her Eight Amendment rights. Represented by Prisoners' Justice League of Colorado and private counsel, the plaintiff sought nominal, compensatory, and punitive damages. The plaintiff also sought an injunction requiring the BOP to provide her with permanent safe housing and adequate medical and mental healthcare.

The plaintiff identified as female but was anatomically male, and was housed in an all-male prison. The plaintiff alleged that the BOP failed to protect her from a violent sexual assault perpetrated against her at the United States Penitentiary in Florence, Colorado, on December 17, 2011. She further alleged that the BOP had failed to protect her from actual and ongoing substantial risks of serious harm and to properly diagnose and treat her Gender Dysphoria. She also alleged that the defendants failed to provide her with adequate mental health care pertaining to her Rape Trauma Syndrome and Post Traumatic Stress Disorder.

The individual defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction on July 21, 2014. The plaintiff amended the complaint on September 25, 2014, against the individual defendants in the lawsuit. On October 15, 2014, the court then denied the defendants' motions to dismiss without prejudice as moot because the complaint had been amended.

All defendants filed a joint motion for a referral for a settlement conference on February 19, 2015. The court denied this motion on February 23, 2015, citing a lack of good cause shown for a judicially facilitated settlement in the case. The court stated that although the parties had had settlement discussions, there was no showing that they had sought private mediation or were unable to do so. As a result, the parties entered into private settlement talks.

On April 29, 2015, the parties indicated that they had a settlement on nearly all substantive terms, and were very close to resolving the few remaining outstanding issues. As a result, the parties filed a joint motion for an order to set a deadline to file dismissal papers. On May 2, 2015, the court issued an order granting in part and denying in part the motion. The court ordered that the parties submit dismissal papers by June 1, 2015.

On May 29, 2015, the parties agreed to a settlement agreement of injunctive and declaratory relief claims. The BOP agreed to house the plaintiff in a wet cell with a pre-screened cellmate and periodically re-evaluate the propriety of housing the plaintiff at a male facility. The BOP will provide adequate medical and psychological treatment for the plaintiff’s gender dysphoria and require the plaintiff’s medical professionals to periodically evaluate the sufficiency of the plaintiff’s treatment.

The term of the injunctive portion of the agreement is two years. Each party agreed to pay its own attorney’s fees and expenses and the United States agreed to pay $70,000 to settle the FTCA Claim.

The settlement agreement further provided that the plaintiff voluntarily dismiss the Bivens action against the defendant and instead file an amended complaint that contains an injunctive relief claim against the BOP and a negligence claim for failure to protect against the United States under the Federal Tort Claims Act (the “FTCA”). The plaintiff agreed to dismiss the failure to treat claim and not reassert it in the amended complaint. Parties also agreed to file a stipulation of dismissal to dismiss this action.

On June 1, 2015, the plaintiff filed a second amended complaint as agreed. On the same day, the defendants and plaintiffs stipulated dismissal of the case with prejudice. This lawsuit was then terminated on June 2, 2015, pursuant to the stipulation to dismiss as filed.

The agreement ended in 2017 and the case is now closed.

Summary Authors

Jenn Nelson (11/15/2015)

Susie Choi (3/14/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5461664/parties/hill-v-united-states-of-america/


Judge(s)

Boland, Boyd N. (Colorado)

Krieger, Marcia S. (Colorado)

Attorneys(s) for Plaintiff

April, Sarah Elizabeth (Colorado)

Hartley, Sarah Levine (Colorado)

Owen, Elisabeth L. (Colorado)

Attorneys(s) for Defendant

Padden, Amy L. (Colorado)

Expert/Monitor/Master

Gurr, Stephen D. (Colorado)

Judge(s)

Boland, Boyd N. (Colorado)

Krieger, Marcia S. (Colorado)

Attorneys(s) for Plaintiff

April, Sarah Elizabeth (Colorado)

Hartley, Sarah Levine (Colorado)

Owen, Elisabeth L. (Colorado)

Attorneys(s) for Defendant

Padden, Amy L. (Colorado)

Expert/Monitor/Master

Gurr, Stephen D. (Colorado)

Documents in the Clearinghouse

Document

1:13-cv-03404

Docket

June 2, 2015

June 2, 2015

Docket
1

1:13-cv-03404

Complaint and Jury Demand

Dec. 17, 2013

Dec. 17, 2013

Complaint
57

1:13-cv-03404

Amended Complaint and Jury Demand

Sept. 25, 2014

Sept. 25, 2014

Complaint
61

1:13-cv-03404

Order

Oct. 15, 2014

Oct. 15, 2014

Order/Opinion

1:13-cv-03404

Settlement Agreement

May 29, 2015

May 29, 2015

Settlement Agreement
86-1

1:13-cv-03404

Second Amended Complaint

June 1, 2015

June 1, 2015

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5461664/hill-v-united-states-of-america/

Last updated Aug. 15, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Jury Demand against All Defendants (Filing fee $ 400,Receipt Number 1082-3664631)Attorney Stephen D. Gurr added to party Scott Hill(pty:pla), filed by Scott Hill. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Envelope 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet)(Gurr, Stephen) (Entered: 12/17/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Envelope 4

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5 Exhibit 5

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6 Exhibit 6

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7 Civil Cover Sheet

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Dec. 17, 2013

Dec. 17, 2013

PACER
2

Case assigned to Magistrate Judge Boyd N. Boland Text Only Entry (dbera, ) (Entered: 12/17/2013)

Dec. 17, 2013

Dec. 17, 2013

PACER
3

ORDER Drawing Case. This case shall be drawn to a district judge and to a magistrate judge, by Magistrate Judge Boyd N. Boland on 12/20/2013. (skl) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

RECAP
4

CASE REASSIGNED pursuant to 3 Order. This case is reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 13-cv-03404-WYD-BNB. Text Only Entry (skl) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
5

MEMORANDUM RETURNING CASE by Senior Judge Daniel. (jjhsl, ) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
6

CASE REASSIGNED pursuant to 5 Memorandum Returning Case. This case is reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 13-cv-3404-MSK-BNB. Text Only Entry (jjhsl, ) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
7

ORDER REFERRING CASE to Magistrate Judge Boyd N. Boland: IT IS ORDERED that pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding;(3)Hear and determine referred matters in accordance with 28 U.S.C. ยง 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 1/27/14. Text Only Entry (msksec, ) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
8

ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 1/30/14. Text Only Entry (mskcd) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
9

SUMMONS REQUEST as to Borges, Carter, Severn by Plaintiff Scott Hill. (Attachments: # 1 Summons for Diane Borges, # 2 Summons for Dr. Mark Carter, # 3 Summons for Dr. Severn)(April, Sarah) (Entered: 03/05/2014)

1 Summons for Diane Borges

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2 Summons for Dr. Mark Carter

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3 Summons for Dr. Severn

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March 5, 2014

March 5, 2014

PACER
10

SUMMONSES issued by Clerk. (klyon, ) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
11

SUMMONS REQUEST as to G. Lyde by Plaintiff Scott Hill. (Attachments: # 1 Summons for Gilbert Lyde)(April, Sarah) (Entered: 03/07/2014)

1 Summons for Gilbert Lyde

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March 7, 2014

March 7, 2014

PACER
12

SUMMONS issued by Clerk. (klyon, ) (Entered: 03/10/2014)

March 10, 2014

March 10, 2014

PACER
13

SUMMONS Returned Executed by Scott Hill. Diane Borges served on 3/7/2014, answer due 3/28/2014. (April, Sarah) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
14

SUMMONS Returned Executed by Scott Hill. Daniel Severn served on 3/10/2014, answer due 3/31/2014. (April, Sarah) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
15

SUMMONS Returned Executed by Scott Hill. G. Lyde served on 3/19/2014, answer due 4/9/2014. (April, Sarah) (Entered: 03/26/2014)

March 26, 2014

March 26, 2014

PACER
16

SUMMONS Returned Executed upon defendant(s) Anthony served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
17

SUMMONS Returned Executed upon defendant(s) Diane Borges served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
18

SUMMONS Returned Executed upon defendant(s) Mark Carter served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
19

SUMMONS Returned Executed upon defendant(s) Charles A. Daniels served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
20

SUMMONS Returned Executed upon defendant(s) Richard Derr served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
21

SUMMONS Returned Executed upon defendant(s) B. Janusz served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
22

SUMMONS Returned Executed upon defendant(s) T. Javernick served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
23

SUMMONS Returned Executed upon defendant(s) United States Bureau of Prisons served on 4/15/2014, answer due 6/16/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
24

SUMMONS Returned Executed upon defendant(s) K. Johnson served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
25

SUMMONS Returned Executed upon defendant(s) Paul A. Laird served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
26

SUMMONS Returned Executed upon defendant(s) G. Lyde served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
27

SUMMONS Returned Executed upon defendant(s) Daniel Severn served on 3/31/2014, answer due 5/30/2014. (April, Sarah) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
28

Unopposed MOTION for Extension of Time to TO SERVE TWO DEFENDANTS WITH A SUMMONS AND COMPLAINT by Plaintiff Scott Hill. (Attachments: # 1 Proposed Order (PDF Only))(April, Sarah) (Entered: 04/16/2014)

1 Proposed Order (PDF Only)

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April 16, 2014

April 16, 2014

PACER
29

MEMORANDUM regarding 28 Unopposed MOTION for Extension of Time to TO SERVE TWO DEFENDANTS WITH A SUMMONS AND COMPLAINT filed by Scott Hill. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 4/16/14. Text Only Entry (msksec, ) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
30

NOTICE of Entry of Appearance by Sarah Levine Hartley on behalf of Scott HillAttorney Sarah Levine Hartley added to party Scott Hill(pty:pla) (Hartley, Sarah) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
31

MINUTE ORDER by Magistrate Judge Boyd N. Boland on 4/17/14. The Unopposed Motion for Extension of Time to Serve Two Defendants With a Summons and Complaint 28 is GRANTED and plaintiff shall have an additional sixty days, up to and including June 15, 2014, in which to serve two defendants, William Hutchings and S. Brown, with a Summons and Complaint. (bsimm) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
32

NOTICE of Entry of Appearance by Amy L. Padden on behalf of United States Bureau of PrisonsAttorney Amy L. Padden added to party United States Bureau of Prisons(pty:dft) (Padden, Amy) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
33

SUMMONS Returned Executed upon defendant(s) William Hutchings served on 3/31/2014, answer due 5/30/2014. (Hartley, Sarah) (Entered: 04/24/2014)

April 24, 2014

April 24, 2014

PACER
34

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Anthony, Diane Borges, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 05/23/2014)

1 Proposed Order (PDF Only)

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May 23, 2014

May 23, 2014

PACER
35

MEMORANDUM regarding 34 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, United States Bureau of Prisons, Charles A. Daniels, K. Johnson, William Hutchings, Daniel Severn, Paul A. Laird, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 5/27/14. Text Only Entry (msksec, ) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
36

MINUTE ORDER granting 34 Unopposed Motion for Extension of Time to Respond to Complaint by Magistrate Judge Boyd N. Boland on 5/27/14. Defendants United States Bureau of Prisons, Paul Laird, Charles Daniels, Dr. Mark Carter, Dr. Daniel Severn, William Hutchings, FNU Anthony, Diane Borgers, Richard Derr, B. Janusz, G. Lyde, T. Javernick and K. Johnson shall answer by 6/30/2014.(dkals, ) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
37

Unopposed MOTION to Withdraw as Attorney for Sarah E. April by Plaintiff Scott Hill. (Attachments: # 1 Proposed Order (PDF Only))(Hartley, Sarah) (Entered: 05/29/2014)

1 Proposed Order (PDF Only)

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May 29, 2014

May 29, 2014

PACER
38

MEMORANDUM regarding 37 Unopposed MOTION to Withdraw as Attorney for Sarah E. April filed by Scott Hill. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 5/29/14. Text Only Entry (msksec, ) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
39

MINUTE ORDER granting 37 Unopposed Motion for Withdrawal of Counsel by Magistrate Judge Boyd N. Boland on 5/29/14. Attorney Sarah Elizabeth April terminated.(dkals, ) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
40

SUMMONS Returned Executed upon defendant(s) S. Brown served on 6/3/2014, answer due 8/4/2014. (Hartley, Sarah) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

PACER
41

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants Anthony, Diane Borges, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 06/27/2014)

1 Proposed Order (PDF Only)

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June 27, 2014

June 27, 2014

PACER
42

MEMORANDUM regarding 41 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, United States Bureau of Prisons, Charles A. Daniels, K. Johnson, William Hutchings, Daniel Severn, Paul A. Laird, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 6/30/14. Text Only Entry (msksec, ) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
43

MINUTE ORDER granting 41 Second Unopposed Motion for Extension ofTime to Respond to Complaint by Magistrate Judge Boyd N. Boland on 6/30/14.Defendants United States Bureau of Prisons, Paul Laird, Charles Daniels, Dr. Mark Carter, Dr. Daniel Severn, Williams Hutchings, FNU Anthony, Diane Borgers, Richard Derr, B. Janusz, G. Lyde, T. Javernick and K. Johnson shall answer by 7/21/14 (dkals, ) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
44

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction /Personal Jurisdiction by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Daniel Severn. (Padden, Amy) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

PACER
45

Partial MOTION to Dismiss for Failure to State a Claim by Defendant United States Bureau of Prisons. (Padden, Amy) (Entered: 07/21/2014)

July 21, 2014

July 21, 2014

PACER
46

Unopposed MOTION for Extension of Time to File Response/Reply as to 45 Partial MOTION to Dismiss for Failure to State a Claim, 44 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction /Personal Jurisdiction by Plaintiff Scott Hill. (Owen, Elisabeth) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

PACER
47

MEMORANDUM regarding 44 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction /Personal Jurisdiction filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, Charles A. Daniels, S. Brown, K. Johnson, William Hutchings, Daniel Severn, Paul A. Laird, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 8/11/14. Text Only Entry (msksec, ) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

PACER
48

MEMORANDUM regarding 45 Partial MOTION to Dismiss for Failure to State a Claim filed by United States Bureau of Prisons. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 8/11/14. Text Only Entry (msksec, ) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

PACER
49

MINUTE ORDER by Magistrate Judge Boyd N. Boland on 8/11/14 re: Unopposed Motion for Extension of Time to Respond to Individual Defendants' Motion to Dismiss (Doc. 44) and the Bureau of Prisons' Partial Motion to Dismiss (Doc. 45) 46 . The Motion is GRANTED and plaintiff has to and including September 4, 2014, in which to file her responses to both motions to dismiss (44 and 45). (bsimm) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

PACER
50

Unopposed MOTION for Extension of Time to File Response/Reply as to 45 Partial MOTION to Dismiss for Failure to State a Claim, 44 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction /Personal Jurisdiction by Plaintiff Scott Hill. (Owen, Elisabeth) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
51

MEMORANDUM regarding 50 Unopposed MOTION for Extension of Time to File Response/Reply as to 45 Partial MOTION to Dismiss for Failure to State a Claim, 44 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction /P filed by Scott Hill. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 9/3/14. Text Only Entry (msksec, ) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
52

MINUTE ORDER granting 50 Second Unopposed Motion for Extension of Time to Respond to Individual Defendants' Motion to Dismiss and the Bureau of Prisons' Partial Motion to Dismiss by Magistrate Judge Boyd N. Boland on 9/3/14.(dkals, ) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
53

Joint MOTION for Protective Order Re Confidential Information Disclosed in Discovery by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 09/11/2014)

1 Proposed Order (PDF Only)

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Sept. 11, 2014

Sept. 11, 2014

PACER
54

MEMORANDUM regarding 53 Joint MOTION for Protective Order Re Confidential Information Disclosed in Discovery filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, United States Bureau of Prisons, Charles A. Daniels, S. Brown, K. Johnson, William Hutchings, Daniel Severn, Paul A. Laird, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 9/11/14. Text Only Entry (msksec, ) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

PACER
55

MINUTE ORDER granting 53 Motion for Protective Order by Magistrate Judge Boyd N. Boland on 9/17/14. Text Only Entry (bnbsec, ) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
56

PROTECTIVE ORDER RE CONFIDENTIAL INFORMATION DISCLOSED IN DISCOVERY entered by Magistrate Judge Boyd N. Boland on 9/17/14. (bsimm, ) (Entered: 09/18/2014)

Sept. 17, 2014

Sept. 17, 2014

RECAP
57

AMENDED COMPLAINT and Jury Demand against Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, G. Lyde, Daniel Severn, United States Bureau of Prisons, Michael (I) K. Nalley, filed by Scott Hill. (Attachments: # 1 Exhibit 1 - Notice, # 2 Exhibit 2 - Psychology Records, # 3 Exhibit 3 - Transfer Summary, # 4 Exhibit 4 - Transfer Recommendation, # 5 Exhibit 5 - Jan. 20, 2011 Ad-Rem, # 6 Exhibit 6 - Kite, # 7 Exhibit 7 - St. Thomas More Records, # 8 Exhibit 8 - Clinical Records, # 9 Exhibit 9 - Memo for Chief Executive Officers)(Owen, Elisabeth) (Entered: 09/25/2014)

1 Exhibit 1 - Notice

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2 Exhibit 2 - Psychology Records

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3 Exhibit 3 - Transfer Summary

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4 Exhibit 4 - Transfer Recommendation

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5 Exhibit 5 - Jan. 20, 2011 Ad-Rem

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6 Exhibit 6 - Kite

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7 Exhibit 7 - St. Thomas More Records

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8 Exhibit 8 - Clinical Records

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9 Exhibit 9 - Memo for Chief Executive Officers

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Sept. 25, 2014

Sept. 25, 2014

PACER
58

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 57 Amended Complaint,, by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, G. Lyde, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 10/14/2014)

1 Proposed Order (PDF Only)

View on PACER

Oct. 14, 2014

Oct. 14, 2014

PACER
59

MEMORANDUM regarding 58 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 57 Amended Complaint,, filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, United States Bureau of Prisons, Charles A. Daniels, S. Brown, K. Johnson, William Hutchings, Daniel Severn, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 10/14/14. Text Only Entry (msksec, ) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
60

MINUTE ORDER granting 58 Unopposed Motion for Extension of Time to Respond to First Amended Complaint by Magistrate Judge Boyd N. Boland on 10/14/14. Defendants shall answer the plaintiff's First Amended Complaint by 11/13/14. (dkals, ) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
61

ORDER denying without prejudice as moot 44 Individual Defendants' Motion to Dismiss and 45 The Bureau of Prisons' Partial Motion to Dismiss by Magistrate Judge Boyd N. Boland on 10/15/14.(dkals, ) (Entered: 10/16/2014)

Oct. 15, 2014

Oct. 15, 2014

RECAP
62

Unopposed MOTION to Stay, Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to First Amended Complaint by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 10/27/2014)

1 Proposed Order (PDF Only)

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Oct. 27, 2014

Oct. 27, 2014

PACER
63

MEMORANDUM regarding 62 Unopposed MOTION to Stay Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to First Amended Complaint filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, United States Bureau of Prisons, Charles A. Daniels, S. Brown, K. Johnson, William Hutchings, Daniel Severn, Paul A. Laird, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 10/28/14. Text Only Entry (msksec, ) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
64

MINUTE ORDER by Magistrate Judge Boyd N. Boland on 10/28/14. The Unopposed Motion for Stay and for Extension of Time to Respond to First Amended Complaint 62 is GRANTED. All proceedings are STAYED to and including January 28, 2015; the defendants shall respond to the Complaint on or before February 11, 2015; and parties shall file a status report at the earlier of reaching an agreement to resolve the case or expiration of the stay addressing the status of the case. (bsimm, ) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

RECAP
65

NOTICE of Change of Firm and Contact Information by Plaintiff Scott Hill (Owen, Elisabeth) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER
66

Joint STATUS REPORT by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Michael (I) K. Nalley, Daniel Severn, United States Bureau of Prisons. (Padden, Amy) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER
67

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 57 Amended Complaint,,, Unopposed MOTION to Stay Proceedings by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Michael (I) K. Nalley, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 01/28/2015)

1 Proposed Order (PDF Only)

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Jan. 28, 2015

Jan. 28, 2015

PACER
68

MEMORANDUM regarding 67 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 57 Amended Complaint,, Unopposed MOTION to Stay Proceedings filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, United States Bureau of Prisons, Michael (I) K. Nalley, Charles A. Daniels, S. Brown, K. Johnson, William Hutchings, Daniel Severn, Paul A. Laird, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Boyd N. Boland by Chief Judge Marcia S. Krieger on 1/29/15. Text Only Entry (msksec, ) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

PACER
69

MINUTE ORDER granting 67 Unopposed Motion for Stay and for Extension of Time to Respond to First Amended Complaint by Magistrate Judge Boyd N. Boland on 1/29/15. All proceedings are stayed, and the defendants shall respond to the First Amended Complaint by 3/2/15. (dkals, ) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

RECAP
70

REASSIGNING MAGISTRATE JUDGE. This action is reassigned to Magistrate Judge Nina Y. Wang, upon her appointment. All future pleadings should reference Magistrate Judge Wang at the end of the civil action number (such as 15-cv-00001-REB-NYW). Unless otherwise ordered, the dates and times for all previously scheduled matters will be maintained and will now be handled by Magistrate Judge Wang in Courtroom C-205. Her chambers are located in Room C-254 of the Byron G. Rogers Courthouse. Her telephone number is 303-335-2600. (Text only entry) (kweck) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

PACER
71

Joint MOTION for Referral for Settlement Conference by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Michael (I) K. Nalley, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 02/19/2015)

1 Proposed Order (PDF Only)

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Feb. 19, 2015

Feb. 19, 2015

PACER
72

ORDER denying 71 Motion for Referral for Settlement Conference. Good cause for a judicially facilitated settlement has not been shown. Although the parties have had settlement discussions, there is no showing that they have sought private mediation or are unable to do so. As a consequence, the Motion is DENIED. by Chief Judge Marcia S. Krieger on 2/23/15. Text Only Entry(msksec, ) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
73

Unopposed MOTION to Stay re 57 Amended Complaint,,, Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 57 Amended Complaint,,, Unopposed MOTION to Amend/Correct/Modify 69 Order on Motion for Extension of Time to Answer or Otherwise Respond,, Order on Motion to Stay, (in the Alternative) by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 02/25/2015)

1 Proposed Order (PDF Only)

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Feb. 25, 2015

Feb. 25, 2015

PACER
74

MEMORANDUM regarding 73 Unopposed MOTION to Stay re 57 Amended Complaint,, Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 57 Amended Complaint,, Unopposed MOTION to Amend/Correct/Modify 69 Order on Motion for Extension of Time to Answer or Otherwise Respond,, Order on Motion to Stay, (in the Alternative) filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, United States Bureau of Prisons, Charles A. Daniels, S. Brown, K. Johnson, William Hutchings, Daniel Severn, Paul A. Laird, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Nina Y Wang by Chief Judge Marcia S. Krieger on 2/25/15. Text Only Entry (msksec, ) (Entered: 02/25/2015)

Feb. 25, 2015

Feb. 25, 2015

PACER
75

MINUTE ORDER granting 73 Unopposed Motion for Extension of Time to Respond to First Amended Complaint, or in the Alternative to Amend Docket Number 69 by Magistrate Judge Nina Y. Wang on 2/26/15. This matter is stayed to and including 4/2/15, and Defendants shall answer by 4/2/15. (dkals, ) (Entered: 02/26/2015)

Feb. 26, 2015

Feb. 26, 2015

RECAP
76

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 57 Amended Complaint,,, Unopposed MOTION to Stay by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 03/25/2015)

1 Proposed Order (PDF Only)

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March 25, 2015

March 25, 2015

PACER
77

MEMORANDUM regarding 76 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 57 Amended Complaint,, Unopposed MOTION to Stay filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, United States Bureau of Prisons, Charles A. Daniels, S. Brown, K. Johnson, William Hutchings, Daniel Severn, Paul A. Laird, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Marcia S. Krieger on 3/26/15. Text Only Entry (msksec, ) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
78

MINUTE ORDER granting 76 Unopposed Motion for An Additional 10-Day Stay and Extension of Time to Respond to First Amended Complaint by Magistrate Judge Nina Y. Wang on 3/26/15. Defendants shall respond to the First Amended Complaint by 4/13/15. (dkals, ) (Entered: 03/27/2015)

March 26, 2015

March 26, 2015

RECAP
79

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 57 Amended Complaint,,, MOTION to Stay by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 04/07/2015)

1 Proposed Order (PDF Only)

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April 7, 2015

April 7, 2015

PACER
80

MEMORANDUM regarding 79 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 57 Amended Complaint,, MOTION to Stay filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, United States Bureau of Prisons, Charles A. Daniels, S. Brown, K. Johnson, William Hutchings, Daniel Severn, Paul A. Laird, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Marcia S. Krieger on 4/8/15. Text Only Entry (msksec, ) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

PACER
81

MINUTE ORDER granting 79 Unopposed Motion for An Additional Stay and Extension of Time to Respond to First Amended Complaint by Magistrate Judge Nina Y. Wang on 4/9/15. Defendants shall respond to the First Amended Complaint by 4/30/15. (dkals, ) (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

RECAP
82

Joint MOTION for Order to Set Deadline to File Dismissal Papers, Joint MOTION to Vacate Deadline to Respond to First Amended Complaint by Defendants Anthony, Diane Borges, S. Brown, Mark Carter, Charles A. Daniels, Richard Derr, William Hutchings, B. Janusz, T. Javernick, K. Johnson, Paul A. Laird, G. Lyde, Daniel Severn, United States Bureau of Prisons. (Attachments: # 1 Proposed Order (PDF Only))(Padden, Amy) (Entered: 04/29/2015)

1 Proposed Order (PDF Only)

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April 29, 2015

April 29, 2015

PACER
83

MEMORANDUM regarding 82 Joint MOTION for Order to Set Deadline to File Dismissal PapersJoint MOTION to Vacate Deadline to Respond to First Amended Complaint filed by Anthony, G. Lyde, Mark Carter, Richard Derr, B. Janusz, United States Bureau of Prisons, Charles A. Daniels, S. Brown, K. Johnson, William Hutchings, Daniel Severn, Paul A. Laird, T. Javernick, Diane Borges. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Marcia S. Krieger on 4/30/15. Text Only Entry (msksec, ) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
84

ORDER granting in part and denying in part 82 Motion for Order. Parties shall submit dismissal papers on or before 6/1/2015; a Status Conference is set for 6/12/2015 10:30 AM in Courtroom C205 before Magistrate Judge Nina Y. Wang. By Magistrate Judge Nina Y. Wang on 5/2/15.(nywlc1) (Entered: 05/02/2015)

May 2, 2015

May 2, 2015

RECAP
85

Utility Setting/Resetting Deadlines/Hearings: Dismissal Papers are due by 6/1/2015, and Defendants have until 6/8/15 to file an Answer to the First Amended Complaint, pursuant to 84 Order. Text Only Entry (dkals, ) (Entered: 05/04/2015)

May 2, 2015

May 2, 2015

PACER
86

Unopposed MOTION to Amend/Correct/Modify Amended Complaint by Plaintiff Scott Hill. (Attachments: # 1 Exhibit 1-Second Amended Complaint, # 2 Exhibit 2-Second Amended Complaint (Redlined))(Owen, Elisabeth) (Entered: 05/29/2015)

1 Exhibit 1-Second Amended Complaint

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2 Exhibit 2-Second Amended Complaint (Redlined)

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May 29, 2015

May 29, 2015

PACER
87

MEMORANDUM regarding 86 Unopposed MOTION to Amend/Correct/Modify Amended Complaint filed by Scott Hill. Motions referred to Magistrate Judge Nina Y. Wang by Chief Judge Marcia S. Krieger on 5/29/15. Text Only Entry (msksec, ) (Entered: 05/29/2015)

May 29, 2015

May 29, 2015

PACER
88

MINUTE ORDER by Magistrate Judge Nina Y. Wang on 06/01/15 granting 86 Motion to File Second Amended Complaint. The Clerk of Court is instructed to accept [#86-1] for filing as Plaintiffs Second Amended Complaint. The Status Conference set for June 12, 2015 at 10:30 a.m. shall remain on the courts calendar, to be vacated upon the Parties filing of a Stipulation to Dismiss this action. (nmarb, ) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

RECAP
89

SECOND AMENDED COMPLAINT against United States Bureau of Prisons, United States of America, filed by Scott Hill.(nmarb, ) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

PACER
90

STIPULATION of Dismissal of Case by Defendants United States Bureau of Prisons, United States of America. (Padden, Amy) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

PACER
91

MINUTE ORDER: Pursuant to 90 Stipulation of Dismissal of Case, the Status Conference set for June 12, 2015 is hereby VACATED. By Magistrate Judge Nina Y. Wang on 5/25/15. Text Only Entry (nywlc1) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

PACER
92

Civil Case Terminated pursuant to the stipulation to dismiss filed in this case on 6/1/15. Text Only Entry (dkals, ) (Entered: 06/02/2015)

June 2, 2015

June 2, 2015

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 17, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Ms. Hill is a prisoner in the custody of the Federal Bureau of Prisons ("BOP"). Ms. Hill is anatomically male, but identifies as female, and has done so since a very young age. She prefers to dress and groom as a female and requests that others treat her as a female. Because Ms. Hill is anatomically male, the BOP houses Ms. Hill in all-male prisons.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United State Bureau of Prisons, Federal

United States of America, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 70,000

Order Duration: 2015 - 2017

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Gay/lesbian/transgender

Discrimination-basis:

Gender identity

Sexual orientatation

Race:

Race, unspecified

Affected Gender:

Female

Type of Facility:

Government-run