Case: Hicklin v. Precynthe

4:16-cv-01357 | U.S. District Court for the Eastern District of Missouri

Filed Date: Aug. 22, 2016

Clearinghouse coding complete

Case Summary

On August 22, 2016, a 37-year-old transgender woman incarcerated in the Potosi Correctional Center filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. The plaintiff sued the Missouri Department of Corrections (MDOC) and Corizon LLC, the contracted medical provider for MDOC, under 42 U.S.C. § 1983. Represented by Lambda Legal, she sought injunctive and declaratory relief, claiming violations of the Eighth Amendment’s Cruel and Unusual Punishment Clause. Judge Noel…

On August 22, 2016, a 37-year-old transgender woman incarcerated in the Potosi Correctional Center filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. The plaintiff sued the Missouri Department of Corrections (MDOC) and Corizon LLC, the contracted medical provider for MDOC, under 42 U.S.C. § 1983. Represented by Lambda Legal, she sought injunctive and declaratory relief, claiming violations of the Eighth Amendment’s Cruel and Unusual Punishment Clause. Judge Noelle Collins was assigned to this case.

The plaintiff alleged that the defendants failed to provide medical care despite the plaintiff’s serious medical needs. The plaintiff was diagnosed with gender dysphoria and deemed by her doctors to be in need of medical services. The defendants were aware of the plaintiff’s condition but denied medical care. The defendants, in defense, cited a policy called “freeze-frame.” This policy denied gender dysphoria treatment unless the individual had received gender dysphoria medical care prior to being incarcerated in MDOC.

On April 4, 2017, the plaintiff filed a motion for a preliminary injunction asking for medical care necessary for gender dysphoria. This motion sought hormone therapy, access to permanent body hair removal, and access to gender affirming canteen items. In addition, the plaintiff asked that the court declare that the defendants’ freeze-frame policy to be unconstitutional under the Eighth Amendment as cruel and unusual punishment.

On February 9, 2018, the court granted in part and denied in part the plaintiff’s preliminary injunction request. The court granted the plaintiff’s request that she receive the medical care needed for gender dysphoria such as hormone therapy, access to permanent body hair removal, and access to gender affirming canteen items. The court, however, denied the plaintiff’s request that the defendants’ policy should be declared unconstitutional. The court’s rationale was that there should not be a blanket rule in cases involving medical care and individuals incarcerated within a prison system. These decisions, according to the court, should be individualized. For that same reason, declaratory relief was denied. 2018 WL 806764.

The plaintiff continued to challenge the defendants’ policy. On February 26, 2018, the plaintiff amended her complaint for declaratory and injunctive relief. This amendment clarified that the plaintiff was not only challenging the application of the policy but also the constitutionality of the policy on its face.

On March 30, 2018, the plaintiff updated her request for declaratory judgment and a permanent injunction. And then, on May 22, 2018, the court granted the plaintiff’s request for declaratory relief and a permanent injunction. The court declared that the defendants’ failure to provide the necessary medical care was a violation of the Eighth Amendment. Moreover, the freeze-frame policy violated the Eighth Amendment by failing to account for individual medical needs of transgender prisoners who suffer from gender dysphoria, and the defendants were prohibited from implementing the freeze frame policy. The defendants were ordered to provide treatment medically necessary for the plaintiff’s gender dysphoria, including hormone therapy, permanent hair removal, and access to gender-affirming canteen items as long as she remained in custody. The defendants did not oppose the plaintiff’s motions and, prior to the order, the plaintiff agreed to dismiss the individual Corizon defendants.

Furthermore, the defendants were ordered to pay for the plaintiff’s attorney’s fees and costs under 42 U.S.C. § 1988. The parties were ordered to reach an agreement on a reasonable amount for the attorney’s fees and costs. After some litigation, Magistrate Judge Collins ordered that the defendants must pay $289,164.02 in fees and $65,391.58 in costs on March 27, 2019.

As of May 26, 2020, there are no further entries in the docket, and the permanent injunction against the "freeze-frame" policy remains in force.

Summary Authors

Sean Whetstone (5/23/2018)

Alex Moody (5/26/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4515009/parties/hicklin-v-lombardi/


Judge(s)

Collins, Noelle C (Missouri)

Attorneys(s) for Plaintiff

Braunstein, Frederick Andrew (New York)

Butler, Marla R. (Minnesota)

Charles, Carl (New York)

Gordon, Demoya Renee (New York)

Olson, Rajin Singh (Minnesota)

Palazzolo, Kyle A. (Illinois)

Palazzolo [DUP], Kyle Anthony (Illinois)

Roberg−Perez, Sharon Elizabeth (Minnesota)

Saenz, Richard (New York)

Judge(s)

Collins, Noelle C (Missouri)

Attorneys(s) for Plaintiff

Braunstein, Frederick Andrew (New York)

Butler, Marla R. (Minnesota)

Charles, Carl (New York)

Gordon, Demoya Renee (New York)

Olson, Rajin Singh (Minnesota)

Palazzolo, Kyle A. (Illinois)

Palazzolo [DUP], Kyle Anthony (Illinois)

Roberg−Perez, Sharon Elizabeth (Minnesota)

Saenz, Richard (New York)

Schriener, Kevin L. (Missouri)

Attorneys(s) for Defendant

Dean, David D. (Missouri)

Eckenrode, J. Thaddeus (Missouri)

Luepke, Henry F. III (Missouri)

Peek, Kevin K. (Missouri)

Sauer, Dean John (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

Hicklin v. Lombardi

April 19, 2018 Docket
19

Complaint for Declaratory and Injunctive Relief

Hicklin v. Lombardi

Aug. 22, 2016 Complaint
64

Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction

Hicklin v. Lombardi

April 4, 2017 Pleading / Motion / Brief
63

Plaintiff's Motion for Preliminary Injunction

Hicklin v. Lombardi

April 4, 2017 Pleading / Motion / Brief
145

Memorandum and Order

Hicklin v. Lombardi

2018 WL 806764

Feb. 9, 2018 Order/Opinion
152

First Amended Complaint for Declaratory and Injunctive Relief

Hicklin v. Lombardi

Feb. 26, 2018 Complaint
163

Plaintiff's Motion for Declaratory Relief and a Permanent Injunction

Hicklin v. Lombardi

March 30, 2018 Pleading / Motion / Brief
164

Memorandum of Law in Support of Plaintiff's Motion for Declaratory Relief and a Permanent Injunction

Hicklin v. Lombardi

March 30, 2018 Pleading / Motion / Brief
176

Memorandum and Order and Permanent Injunction

May 22, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4515009/hicklin-v-lombardi/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
2

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
3

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
4

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
5

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
6

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
7

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
8

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
9

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
10

NOTICE OF PROCESS SERVER by Defendant George Lombardi Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
11

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
12

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
13

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
14

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
15

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
16

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
17

NOTICE OF PROCESS SERVER by Defendant Ian Wallace Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
18

NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)

Aug. 22, 2016
20

MOTION for Leave to Appear Pro Hac Vice Demoya R. Gordon. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865−5551098) by Plaintiff Jessica Hicklin. (Attachments: # 1 Certificate of Good Standing)(Gordon, Demoya) (Entered: 08/22/2016)

Aug. 22, 2016

Case Opening Notification: 18 Summons(es) issued. The summons were emailed to attorney Kevin L. Schriener. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form (moed−0041.pdf) consenting to or opting out of the Magistrate Judge jurisdiction. Judge Assigned: U.S. Magistrate Judge Noelle C. Collins. (BAK) (Entered: 08/23/2016)

Aug. 23, 2016
21

First MOTION for Leave to Appear Pro Hac Vice Richard Saenz. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865−5552113) by Plaintiff Jessica Hicklin. (Attachments: # 1 Certificate of Good Standing)(Saenz, Richard) (Entered: 08/23/2016)

Aug. 23, 2016
22

MOTION for Leave to Appear Pro Hac Vice Kyle A. Palazzolo. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865−5552616) by Plaintiff Jessica Hicklin. (Attachments: # 1 Attachment Full list of bars, State and Federal, that Kyle Palazzolo is a member, # 2 Certificate of Good Standing Certificate of Admission/Good standing)(Palazzolo, Kyle) (Entered: 08/23/2016)

Aug. 23, 2016
23

Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW) (Entered: 08/23/2016)

Aug. 23, 2016
24

Docket Text ORDER: IT IS HEREBY ORDERED that the Verified Motions for Admission Pro Hac Vice (Docs. 20 , 21 , 22 ) filed by Demoya R. Gordon, Richard Saenz, and Kyle A. Palazzolo, counsel for Plaintiff Jessica Hicklin, are GRANTED. IT IS FURTHER ORDERED that Demoya R. Gordon, Richard Saenz, and Kyle A. Palazzolo are hereby admitted for the purpose of representing Jessica Hicklin in this matter. Signed by Magistrate Judge Noelle C. Collins on 08/24/2016. (KBL) (Entered: 08/24/2016)

Aug. 24, 2016
25

ENTRY of Appearance by Henry F. Luepke, III for Defendants Cindy Griffith, Dwayne Kempker, George Lombardi, Scott O'Kelly, Stan Payne, Ian Wallace, Deloise Williams. (Luepke, Henry) (Entered: 09/08/2016)

Sept. 8, 2016
26

ENTRY of Appearance by J. Thaddeus Eckenrode for Defendant Corizon Health, Inc.. (Eckenrode, J.) (Entered: 09/16/2016)

Sept. 16, 2016
27

ANSWER to 19 Complaint,, by Corizon Health, Inc..(Eckenrode, J.) (Entered: 09/16/2016)

Sept. 16, 2016
28

SUMMONS Returned Executed filed by Jessica Hicklin. Corizon Health, Inc. served on 8/26/2016, answer due 9/16/2016. (Gordon, Demoya) (Additional attachment(s) added on 9/29/2016: # 1 Summons Original Issued) (NEB). (Entered: 09/26/2016)

Sept. 26, 2016
29

SUMMONS Returned Executed filed by Jessica Hicklin. Cindy Griffith served on 8/26/2016, answer due 9/16/2016. (Gordon, Demoya) (Additional attachment(s) added on 9/29/2016: # 1 Summons Original/Issued) (NEB). (Entered: 09/26/2016)

Sept. 26, 2016
30

SUMMONS Returned Executed filed by Jessica Hicklin. Dawn Wade served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Additional attachment(s) added on 9/29/2016: # 1 Summons Original/Issued) (NEB). (Entered: 09/26/2016)

Sept. 26, 2016
31

ENTRY of Appearance by J. Thaddeus Eckenrode for Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade.

Sept. 29, 2016
33

ANSWER to 19 Complaint,, by Glen Babich.(Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016
34

ANSWER to 19 Complaint,, by T.K. Bredeman.(Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016
35

ANSWER to 19 Complaint,, by Diana Larkin.(Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016
36

ANSWER to 19 Complaint,, by Kimberley S. Randolph.(Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016
37

ANSWER to 19 Complaint,, by Dawn Wade.(Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016
38

ANSWER to 19 Complaint,, by Stormi Moeller.(Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016
39

ANSWER to 19 Complaint,, by Shirley Eyman.(Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016
40

ANSWER to 19 Complaint,, by Elizabeth Atterberry.(Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016
41

ANSWER to 19 Complaint,, by Kim Foster.(Eckenrode, J.) (Entered: 09/29/2016)

Sept. 29, 2016
42

ANSWER to 19 Complaint,, by Cindy Griffith, Dwayne Kempker, George Lombardi, Scott O'Kelly, Stan Payne, Ian Wallace, Deloise Williams.(Luepke, Henry) (Entered: 09/30/2016)

Sept. 30, 2016
43

SUMMONS Returned Executed filed by Jessica Hicklin. Deloise Williams served on 8/25/2016, answer due 9/15/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
44

SUMMONS Returned Executed filed by Jessica Hicklin. Diana Larkin served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
45

SUMMONS Returned Executed filed by Jessica Hicklin. defendantElizabeth Atterberry served on 9/8/2016, answer due 11/7/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
46

SUMMONS Returned Executed filed by Jessica Hicklin. George Lombardi served on 8/25/2016, answer due 9/15/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
47

SUMMONS Returned Executed filed by Jessica Hicklin. Glen Babich served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
48

SUMMONS Returned Executed filed by Jessica Hicklin. Ian Wallace served on 8/25/2016, answer due 9/15/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
49

SUMMONS Returned Executed filed by Jessica Hicklin. Kim Foster served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
50

SUMMONS Returned Executed filed by Jessica Hicklin. Kimberley S. Randolph served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
51

SUMMONS Returned Executed filed by Jessica Hicklin. Scott O'Kelly served on 8/25/2016, answer due 9/15/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
52

SUMMONS Returned Executed filed by Jessica Hicklin. Shirley Eyman served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
53

SUMMONS Returned Executed filed by Jessica Hicklin. Stan Payne served on 8/26/2016, answer due 9/16/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
54

SUMMONS Returned Executed filed by Jessica Hicklin. Stormi Moeller served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
55

SUMMONS Returned Executed filed by Jessica Hicklin. T.K. Bredeman served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
56

SUMMONS Returned Executed filed by Jessica Hicklin. William McKinney served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)

Oct. 3, 2016
57

FULL CONSENT has been received by Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Corizon Health, Inc., Shirley Eyman, Kim Foster, Cindy Griffith, Dwayne Kempker, Diana Larkin, George Lombardi, William McKinney, Stormi Moeller, Scott O'Kelly, Stan Payne, Kimberley S. Randolph, Dawn Wade, Ian Wallace, Deloise Williams, Plaintiff Jessica Hicklin. (KCB) (Entered: 10/12/2016)

Oct. 12, 2016
58

RULE 16 ORDER This case is assigned to Track: two Joint Scheduling Plan due by 11/9/2016. Rule 16 Conference set for 11/16/2016 01:30 PM in Chambers before Magistrate Judge Noelle C. Collins. (SEE ORDER FOR COMPLETE DETAILS.) Signed by Magistrate Judge Noelle C. Collins on 10/13/2016. (KCB) (Entered: 10/13/2016)

Oct. 13, 2016
59

JOINT SCHEDULING PLAN by Plaintiff Jessica Hicklin. . (Gordon, Demoya) (Entered: 11/09/2016)

Nov. 9, 2016
60

ENTRY of Appearance by Kevin K. Peek for Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade. (Peek, Kevin) (Entered: 11/14/2016)

Nov. 14, 2016
61

Minute Entry for proceedings held before Magistrate Judge Noelle C. Collins: Rule 16 Conference held on 11/16/2016. Conference held in person. CMO to issue. (FTR Gold: No) (KCB) (Entered: 11/16/2016)

Nov. 16, 2016
62

CASE MANAGEMENT ORDER This case is assigned to Track: three Motion to Join Parties due by 12/16/2016. Discovery Completion due by 9/30/2017. Non−Dispositive Motions due by 10/11/2017. ADR Future Reference 9/11/2017. Dispositive Motions due by 10/31/2017. Jury Trial set for 5/7/2018 09:30 AM in Courtroom 15N before Magistrate Judge Noelle C. Collins. Pretrial Conference set for 4/30/2018 10:00 AM in Courtroom 15N before Magistrate Judge Noelle C. Collins. (SEE ORDER FOR COMPLETE DETAILS.) Signed by Magistrate Judge Noelle C. Collins on 11/16/216. (KCB) (Entered: 11/16/2016)

Nov. 16, 2016
63

MOTION for Preliminary Injunction by Plaintiff Jessica Hicklin. (Schriener, Kevin) (Entered: 04/04/2017)

April 4, 2017
64

MEMORANDUM in Support of Motion re 63 MOTION for Preliminary Injunction filed by Plaintiff Jessica Hicklin. (Attachments: # 1 Affidavit Dr. Ettner Declaration, # 2 Affidavit Dr. Throop Delcaration, # 3 Exhibit Dr. Throop Exhibit A, # 4 Exhibit Dr. Throop Exhibit B, # 5 Affidavit Demoya Gordon Declaration, # 6 Exhibit Demoya Gordon Exhibit A, # 7 Text of Proposed Order Proposed Order Granting Preliminary Injunction)(Schriener, Kevin) (Entered: 04/04/2017)

April 4, 2017
65

ORDER: IT IS HEREBY ORDERED that this matter is set for a telephone conference with counsel on Wednesday, April 12, 2017 at 3:30 p.m. Counsel participating in the telephone conference are directed to call the conference toll free at: 1−888−363−4735. The access code to enter the telephone conference for all participants is: 3329658. (Telephone Conference set for 4/12/2017 03:30 PM in Telephone before Magistrate Judge Noelle C. Collins.) Signed by Magistrate Judge Noelle C. Collins on April 7, 2017. (BRP) (Entered: 04/07/2017)

April 7, 2017
66

Minute Entry for proceedings held before Magistrate Judge Noelle C. Collins: Telephone Conference held on 4/12/2017. Parties present for a telephone conference. The court hears argument from counsel. Order to Issue. (Court Reporter:FTR GOLD)(FTR Gold Operator initials:KCB) (FTR Gold: Yes) (KCB) (Entered: 04/12/2017)

April 12, 2017
67

ORDER: IT IS HEREBY ORDERED that Defendants oral motion for extension of time is GRANTED. By agreement of counsel, any response to Plaintiffs Motion for Preliminary Injunction shall be filed no later than April 19, 2017, and any reply shall be filed no later than April 27, 2017. IT IS FURTHER ORDERED that this matter is set for a Preliminary Injunction Hearing on Tuesday, May 23, 2017, at 10:00 A.M. The Court will hear oral argument on Plaintiffs Motion for Preliminary Injunction. Each side shall have fifteen (15) minutes for argument. IT IS FURTHER ORDERED that no later than May 1, 2017 Plaintiff shall file a status report with the Court regarding the potential dismissal of Defendant Dwayne Kempker. IT IS FINALLY ORDERED that the parties shall file with the Court, under seal, a status report concerning their progress, if any, towards reaching a settlement and if they intend to move forward with the Preliminary Injunction Hearing no later than May 16, 2017. ( In Court Hearing set for 5/23/2017 10:00 AM in Courtroom 15N before Magistrate Judge Noelle C. Collins. Status Report due by 5/16/2017.) Signed by Magistrate Judge Noelle C. Collins on 04/13/2017. (KCB) (Entered: 04/13/2017)

April 13, 2017
68

MEMORANDUM in Opposition re 63 MOTION for Preliminary Injunction filed by Defendants Cindy Griffith, Dwayne Kempker, George Lombardi, Scott O'Kelly, Stan Payne, Ian Wallace, Deloise Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Luepke, Henry) (Entered: 04/17/2017)

April 17, 2017
69

MEMORANDUM in Opposition re 63 MOTION for Preliminary Injunction filed by Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Corizon Health, Inc., Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade. (Eckenrode, J.) (Entered: 04/19/2017)

April 19, 2017
70

REPLY to Response to Motion re 63 MOTION for Preliminary Injunction filed by Plaintiff Jessica Hicklin. (Attachments: # 1 Affidavit Second Declaration of Demoya R. Gordon, # 2 Exhibit Ex. A to Second Declaration of Demoya R. Gordon, # 3 Exhibit Ex. B to Second Declaration of Demoya R. Gordon, # 4 Exhibit Ex. C to Second Declaration of Demoya R. Gordon, # 5 Exhibit Ex. D to Second Declaration of Demoya R. Gordon, # 6 Exhibit Ex. E to Second Declaration of Demoya R. Gordon, # 7 Exhibit Ex. F to Second Declaration of Demoya R. Gordon, # 8 Exhibit Ex. G to Second Declaration of Demoya R. Gordon, # 9 Exhibit Ex. H to Second Declaration of Demoya R. Gordon, # 10 Exhibit Ex. I to Second Declaration of Demoya R. Gordon, # 11 Exhibit Ex. J to Second Declaration of Demoya R. Gordon)(Gordon, Demoya) (Entered: 04/27/2017)

April 27, 2017
71

STATUS REPORT by Jessica Hicklin. (Gordon, Demoya) (Entered: 05/01/2017)

May 1, 2017
72

STIPULATION for Dismissal Without Prejudice of Defendant Dwayne Kempker by Plaintiff Jessica Hicklin. (Gordon, Demoya) (Entered: 05/08/2017)

May 8, 2017
73

SEALED DOCUMENT by Plaintiff Jessica Hicklin. (Gordon, Demoya) (Entered: 05/16/2017)

May 16, 2017
74

ORDER...IT IS HEREBY ORDERED that Defendant Dwayne Kempker is DISMISSED from this action without prejudice, with Plaintiff Jessica Hicklin and Defendant Dwayne Kempker to bear their respective costs and attorneys fees as to the claims between them. (Dwayne Kempker (in his official capacity as former Deputy Director, Division of Adult Institutions, MDOC) terminated.). Signed by Magistrate Judge Noelle C. Collins on 5/22/2017. (NEB) (Entered: 05/22/2017)

May 22, 2017
75

Minute Entry for proceedings held before Magistrate Judge Noelle C. Collins: Parties present for Preliminary Injunction Hearing. Arguments heard on behalf of Plaintiff and Defendants. Exhibit received from Defendant MODC. (See exhibit list) Plaintiff has until May 30, 2017 to notify the Court if they will be filing any post hearing briefs and shall have until June 14, 2017 to file any such briefs. Defendants shall file their responses on or before June 19, 2017. Order to issue. (FTR Gold Operator initials:NEB) (FTR Gold: Yes) (NEB) Transcript request of this proceeding assigned to Court Reporter: S. Moran on 5/25/2017 (BABS). (Entered: 05/23/2017)

May 23, 2017
76

CLERKS Exhibit List as to Preliminary Injunction Hearing. (NEB) (Entered: 05/23/2017)

May 23, 2017
77

EXHIBITS Received from MODC: Exhibit L. (NEB) (Entered: 05/23/2017)

May 23, 2017
78

ORDER...IT IS HEREBY ORDERED that Plaintiff has until May 30, 2017 to notify the Court if she will be filing a post−hearing brief and shall have until June 14, 2017 to file any such brief. IT IS FURTHER ORDERED that Defendants shall file any responses to Plaintiff's post−hearing brief, if one is filed, on or before June 19, 2017. (Response to Court due by 5/30/2017.). Signed by Magistrate Judge Noelle C. Collins on 5/24/2017. (NEB) (Entered: 05/24/2017)

May 24, 2017
79

ORDER... IT IS HEREBY ORDERED that the Clerk of Court shall cause an expedited written transcript to be prepared and filed with the Court of the Preliminary Injunction Hearing held on May 23, 2017. Signed by Magistrate Judge Noelle C. Collins on 5/24/2017. (cc: Court Reports Box.) (NEB) (Entered: 05/24/2017)

May 24, 2017
80

NOTICE by Plaintiff Jessica Hicklin regarding Post−hearing Brief (Gordon, Demoya) (Entered: 05/30/2017)

May 30, 2017
81

TRANSCRIPT ORDER REQUEST for 75 (PRETRIAL CONFERENCE) by Jessica Hicklin for proceedings held on 5/23/2017 court reporter FTR Gold before Judge Collins. (Emailed to S. Moran) (BRP) (Entered: 05/31/2017)

May 30, 2017
82

TRANSCRIPT of 75 (MOTION HEARING) held on May 23, 2017 before Judge NOELLE C. COLLINS. Court Reporter/Transcriber SUSAN R. MORAN, Telephone number (314) 244−7983. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/21/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/29/2017. (BRP) (Entered: 05/31/2017)

May 31, 2017
83

TRANSCRIPT of 75 (REVISED VERSION) (MOTION HEARING) held on 5/23/2017 before Judge Noelle C. Collins. Court Reporter/Transcriber Susan Moran, Telephone number 314−244−7983. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2017. Redacted Transcript Deadline set for 7/14/2017. Release of Transcript Restriction set for 9/11/2017. (NEB) (Entered: 06/13/2017)

June 13, 2017
84

MOTION to Amend/Correct the Case Management Order by Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Corizon Health, Inc., Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade. (Eckenrode, J.) (Entered: 06/15/2017)

June 15, 2017
85

ORDER... IT IS HEREBY ORDERED that this matter is set for a telephone conference with counsel on Thursday, June 22, 2017 at 11:00 a.m. Counsel participating in the telephone conference are directed to call the conference toll free at: 1−888−363−4735. The access code to enter the telephone conference for all participants is: 3329658. (Telephone Conference set for 6/22/2017 11:00 AM in Telephone before Magistrate Judge Noelle C. Collins.). Signed by Magistrate Judge Noelle C. Collins on 6/16/2017. (NEB) (Entered: 06/16/2017)

June 16, 2017
86

Minute Entry for proceedings held before Magistrate Judge Noelle C. Collins: Telephone Conference held on 6/23/2017. Ms. Gordon, Mr. Luepke, and Mr. Peek appear by phone for the telephone conference. Judge addresses Plaintiffs requested transcript revisions. Ms. Gordon states that Plaintiff has no further issues with revised transcript as filed (Doc. 83). Judge takes up Defendants Motion to Amend Case Management Order (Doc. 84). Plaintiff shall file a response to the Motion on or before Monday, June 26, 2017. Any reply brief shall be filed five (5) days thereafter. Plaintiff requests leave to supplement the Preliminary Injunction record. Plaintiff shall file a motion for leave to supplement the record no later than Wednesday, June 28, 2017. Defendants are granted seven (7) days from the date of Plaintiffs motion to respond. Any reply brief shall be filed five (5) days thereafter. (FTR Gold: No) (KCB) (Entered: 06/23/2017)

June 23, 2017
87

RESPONSE to Motion re 84 MOTION to Amend/Correct the Case Management Order filed by Plaintiff Jessica Hicklin. (Gordon, Demoya) (Entered: 06/26/2017)

June 26, 2017
88

MOTION for Leave to Supplement the Preliminary Injunction Record by Plaintiff Jessica Hicklin. (Attachments: # 1 Affidavit Declaration of Demoya R. Gordon, # 2 Exhibit A)(Gordon, Demoya) (Entered: 06/28/2017)

June 28, 2017
89

RESPONSE in Opposition re 88 MOTION for Leave to Supplement the Preliminary Injunction Record filed by Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Corizon Health, Inc., Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade. (Eckenrode, J.) (Entered: 07/05/2017)

July 5, 2017
90

MOTION to Withdraw as Attorney ;attorney/firm Kyle A. Palazzolo by Plaintiff Jessica Hicklin. (Palazzolo, Kyle) (Entered: 07/06/2017)

July 6, 2017
91

Docket Text ORDER: IT IS HEREBY ORDERED that Attorney Kyle Anthony Palazzolo's Motion to Withdraw as Counsel for Plaintiff Jessica Hicklin (Doc. 90 ) is GRANTED. Attorney Kyle Anthony Palazzolo terminated. Signed by Magistrate Judge Noelle C. Collins on 7/7/2017. (KBL) (Entered: 07/07/2017)

July 7, 2017
92

REPLY to Response to Motion re 88 MOTION for Leave to Supplement the Preliminary Injunction Record filed by Plaintiff Jessica Hicklin. (Gordon, Demoya) (Entered: 07/10/2017)

July 10, 2017
93

First MOTION for Leave to Appear Pro Hac Vice Carl Charles. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865−6050245) by Plaintiff Jessica Hicklin. (Attachments: # 1 Certificate of Good Standing)(Charles, Carl) (Entered: 07/14/2017)

July 14, 2017
94

Docket Text ORDER: IT IS HEREBY ORDERED that the Verified Motion for Admission Pro Hac Vice (Doc. 93 ) filed by Carl Charles, counsel for Jessica Hicklin, is GRANTED. IT IS FURTHER ORDERED that Carl Charles is hereby admitted for the purpose of representing Jessica Hicklin in this matter. Signed by Magistrate Judge Noelle C. Collins on 07/24/2017. (KBL) (Entered: 07/24/2017)

July 24, 2017
95

AMENDED CASE MANAGEMENT ORDER: [SEE ORDER FOR COMPLETE DETAILS] ( Discovery Completion due by 12/29/2017., Non−Dispositive Motions due by 1/9/2018., ADR Future Reference 8/7/2017., Dispositive Motions due by 1/31/2018., Pretrial Compliance due by 4/7/2018., Motion in Limine due by 4/17/2018.) Signed by Magistrate Judge Noelle C. Collins on 07/25/2017. (KCB) (Entered: 07/25/2017)

July 25, 2017
96

ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Demoya Renee Gordon ADR Completion Deadline due by 9/29/2017. ADR Compliance Report Deadline due by 10/13/2017. Designation of Neutral/Conference Report due by 8/28/2017. Signed by Magistrate Judge Noelle C. Collins on August 7, 2017. (BRP) (Entered: 08/08/2017)

Aug. 7, 2017
97

Designation of Neutral by parties and ADR Conference Report by Plaintiff Jessica Hicklin Neutral: Tokarz, Karen L. Date of Conference: September 20, 2017 time: 9:30am Location: United States Courthouse, 111 South Tenth Street, St. Louis, MO 63102(Gordon, Demoya) (Entered: 08/25/2017)

Aug. 25, 2017
98

Second MOTION to Supplement the Preliminary Injunction Record by Plaintiff Jessica Hicklin. (Attachments: # 1 Affidavit Declaration of Demoya R. Gordon, # 2 Exhibit A)(Gordon, Demoya) (Entered: 09/28/2017)

Sept. 28, 2017
99

RESPONSE to Motion re 98 Second MOTION to Supplement the Preliminary Injunction Record filed by Defendants Cindy Griffith, Dwayne Kempker, George Lombardi, Scott O'Kelly, Stan Payne, Ian Wallace, Deloise Williams. (Luepke, Henry) (Entered: 10/04/2017)

Oct. 4, 2017
100

RESPONSE to Motion re 98 Second MOTION to Supplement the Preliminary Injunction Record filed by Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Corizon Health, Inc., Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade. (Eckenrode, J.) (Entered: 10/06/2017)

Oct. 6, 2017
101

First MOTION for Leave to Appear Pro Hac Vice Marla R. Butler. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865−6183218) by Plaintiff Jessica Hicklin. (Attachments: # 1 Certificate of Good Standing Certificate of Good Standing)(Butler, Marla) (Entered: 10/10/2017)

Oct. 10, 2017

State / Territory: Missouri

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 22, 2016

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

The plaintiff is a pre-operative transgender woman in the custody of the Missouri Department of Correction.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Missouri, State

State of Missouri, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: $354,555.60

Order Duration: 2018 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Conditions of confinement

Gay/lesbian/transgender

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Medication, administration of

Mental health care, unspecified

Type of Facility:

Government-run