Case: Passion Star a/k/a Zollicoffer v. Livingston

4:14-cv-03037 | U.S. District Court for the Southern District of Texas

Filed Date: Oct. 23, 2014

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On October 23, 2014, a transgender woman in the custody of the Texas Department of Criminal Justice ("DCJ") filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiff sought declaratory, injunctive relief, and damages against the defendants, several officials of DCJ, for violations of 42 U.S.C. § 1983 and §1988. Specifically, the plaintiff alleged that the defendants were deliberately indifferent to the abuse she received from male inmates and refused to pla…

On October 23, 2014, a transgender woman in the custody of the Texas Department of Criminal Justice ("DCJ") filed this lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiff sought declaratory, injunctive relief, and damages against the defendants, several officials of DCJ, for violations of 42 U.S.C. § 1983 and §1988. Specifically, the plaintiff alleged that the defendants were deliberately indifferent to the abuse she received from male inmates and refused to place her into secure housing or take other steps to reduce her abuse.

On January 9, 2015, the defendants moved to transfer venue to the Western District of Texas on the grounds that the plaintiff was housed in the Western District from 2011-13 and several defendants work and reside in the Western District. The Court (Judge Alfred H. Bennett) denied their motion as several Defendants resided in the Southern District and the Defendants failed to identify key witnesses that would not be available for testimony if the case remained in the Southern District, instead only offering mere allegations of witness unavailability and inconvenience. 2015 WL 1893737.

The Defendant Executive Director of DCJ moved to the dismiss the case pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6) on February 17, 2015. The Defendant contended that the complaint failed to plead any specific facts establishing that the Executive Director participated in the failure to protect the Plaintiff, thus failing to meet the requirement established by the Supreme Court case Ashcroft v. Iqbal that a supervisory official must be personally involved to defeat qualified immunity. The defendant further argued that the injunctive relief claim should be dismissed because there was no actual ongoing controversy, as the Plaintiff no longer resided in the facility where she alleged abuses. Lastly, the defendant argued that retrospective injunctive and declaratory relief claims were improper as they implicated Eleventh Amendment concerns on state sovereign immunity.

The Court denied the Executive Director's Motion to Dismiss on March 14, 2016. The Court found Plaintiff successfully stated a claim as the Executive Director had participated in hearings about prison rape and had been called by the Department of Justice to account for the statistics concerning sexual assault within DCJ. Because of the Executive Director's awareness, the Court found the Plaintiff had sufficiently alleged facts that the Executive Director knew of and was deliberately indifferent to the risk of sexual assault at the facilities. Further, the Plaintiff successfully stated a claim because she sought to hold the Executive Director liable for personally failing to train and supervise DCJ personnel and failing to establish adequate policy, and was not attempting to hold the Executive Director liable via respondeat superior. The Court found that qualified immunity would not apply because sending an LGBT prisoner back to the general population after experiencing multiple attacks is an unreasonable policy to maintain. 169 F. Supp. 3d 687.

The Court next found that the Plaintiff successfully stated a claim for injunctive relief because the plaintiff could be transferred at any time, and thus the fact that she was not currently in a unit where she experienced assault did not render her claim moot. Finally, the Court found that the Executive Director's claim that the Plaintiff sought retrospective injunctive relief was incorrect because the Plaintiff sought expungement of her disciplinary records, and a request for expungement is prospective. 169 F. Supp. 3d 687.

On March 1, 2017, the Court granted a motion to stay proceedings pending the parties' finalization of a settlement agreement. Settlement negotiations continued through February 26, 2018, when the parties submitted a stipulation of dismissal with prejudice pursuant to their settlement agreement. The settlement agreement was private, but was reported to include a monetary payment, systematic policy changes, and training of DCJ staff. Lamba Legal, Lamba Legal Reaches Favorable Settlement for Passion Star, Transgender Woman Sexually Assaulted in Texas Men's Prison, Lamba Legal (March 15, 2018), https://www.lambdalegal.org/blog/20180315_tdcj-settlement.

The case is closed; the settlement apparently did not include any provision for ongoing jurisdiction to enforce its terms.

Summary Authors

Cade Boland (6/15/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4394368/parties/zollicoffer-v-livingston/

Judge(s)

Bennett, Alfred Homer (Texas)

Miller, Gray Hampton (Texas)

Attorneys(s) for Plaintiff

Castillo, Paul D. (Texas)

Goodrich, Christina Noel (California)

Gordon, Demoya Renee (New York)

Humphrey−Skomer, Jael (New York)

Kondon, Christopher J. (California)

Rejali, Saman M. (California)

Upton, Kenneth D. (Texas)

Attorneys(s) for Defendant

Coogan, Kim (Texas)

Judge(s)

Bennett, Alfred Homer (Texas)

Miller, Gray Hampton (Texas)

Attorneys(s) for Plaintiff

Castillo, Paul D. (Texas)

Goodrich, Christina Noel (California)

Gordon, Demoya Renee (New York)

Humphrey−Skomer, Jael (New York)

Kondon, Christopher J. (California)

Rejali, Saman M. (California)

Upton, Kenneth D. (Texas)

Attorneys(s) for Defendant

Coogan, Kim (Texas)

Davis, James E. (Texas)

Dennis, Seth Byron (Texas)

Mase, Lacey E. (Texas)

Mateer, Jeffrey C. (Texas)

Paxton, Ken (Texas)

Starr, Brantley David (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

Zollicoffer v. Livingston

April 2, 2018 Docket
1

Plaintiff's Complaint for Preliminary and Permanent Injunctive Relief, Declaratory Judgment, and Damages

Oct. 23, 2014 Complaint
35

Plaintiff's Amended Complaint for Preliminary and Permanent Injunctive Relief, Declaratory Judgment, and Damages

Zollicoffer v. Livingston

Jan. 28, 2015 Complaint
59

Order

2015 WL 1893737

April 27, 2015 Order/Opinion
77

Order

169 F.Supp.3d 687

March 14, 2016 Order/Opinion
102

Agreed Stipulation of Dismissal with Prejudice

Feb. 26, 2018 Pleading / Motion / Brief
103

Final Judgment

April 2, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4394368/zollicoffer-v-livingston/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Prisoner Civil Rights COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-13888148) filed by Joshua D Zollicoffer. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet)(Upton, Kenneth) (Entered: 10/23/2014)

1 Civil Cover Sheet Civil Cover Sheet

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Oct. 23, 2014 PACER
2

MOTION for Paul D. Castillo to Appear Pro Hac Vice by Joshua D Zollicoffer, filed. Motion Docket Date 11/13/2014. (Upton, Kenneth) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
3

MOTION for Jael Humphrey-Skomer to Appear Pro Hac Vice by Joshua D Zollicoffer, filed. Motion Docket Date 11/13/2014. (Upton, Kenneth) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
4

MOTION for Christina N. Goodrich to Appear Pro Hac Vice by Joshua D Zollicoffer, filed. Motion Docket Date 11/13/2014. (Upton, Kenneth) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
5

MOTION for Christopher J. Kondon to Appear Pro Hac Vice by Joshua D Zollicoffer, filed. Motion Docket Date 11/13/2014. (Upton, Kenneth) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
6

MOTION for Saman M. Rejali to Appear Pro Hac Vice by Joshua D Zollicoffer, filed. Motion Docket Date 11/13/2014. (Upton, Kenneth) (Entered: 10/23/2014)

Oct. 23, 2014 PACER
7

Request for Issuance of Summons as to Ralph Bales, Ronald Fox, Fernando Fuster, Brad Livingston, Juan Lopez, Ralph Marez, Jr, Jimmy S Webb, Joni White, filed. (Attachments: # 1 Continuation Summons Ralph Bales, # 2 Continuation Summons Joni White, # 3 Continuation Summons Fernando Fuster, # 4 Continuation Summons Ralph Marez Jr, # 5 Continuation Summons Ronald Fox, # 6 Continuation Summons Jimmy Webb, # 7 Continuation Summons Juan Lopez)(Upton, Kenneth) (Entered: 10/24/2014)

1 Continuation Summons Ralph Bales

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2 Continuation Summons Joni White

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3 Continuation Summons Fernando Fuster

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4 Continuation Summons Ralph Marez Jr

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5 Continuation Summons Ronald Fox

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6 Continuation Summons Jimmy Webb

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7 Continuation Summons Juan Lopez

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Oct. 24, 2014 PACER
8

Amended Request for Issuance of Summons as to Ralph Bales, filed.(Upton, Kenneth) (Entered: 10/24/2014)

Oct. 24, 2014 PACER
9

Request for Issuance of Summons as to Bruce Armstrong, Kenneth Dean, Adam Gonzales, Rene Maldonado, filed. (Attachments: # 1 Continuation Summons Kenneth Dean, # 2 Continuation Summons Rene Maldonado, # 3 Continuation Summons Adam Gonzales)(Upton, Kenneth) (Entered: 10/24/2014)

1 Continuation Summons Kenneth Dean

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2 Continuation Summons Rene Maldonado

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3 Continuation Summons Adam Gonzales

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Oct. 24, 2014 PACER

Summons Issued as to Bruce Armstrong, Ralph Bales, Kenneth Dean, Ronald Fox, Fernando Fuster, Adam Gonzales, Brad Livingston, Juan Lopez, Rene Maldonado, Ralph Marez, Jr, Jimmy S Webb, Joni White. Issued summons returned to counsel for plaintiff by: First-class mail, filed.(jdav, 4)

Oct. 27, 2014 PACER
10

EXHIBITS re: 2 MOTION for Paul D. Castillo to Appear Pro Hac Vice by Joshua D Zollicoffer, filed.(Upton, Kenneth) (Entered: 10/29/2014)

Oct. 29, 2014 PACER
11

EXHIBITS re: 4 MOTION for Christina N. Goodrich to Appear Pro Hac Vice by Joshua D Zollicoffer, filed.(Upton, Kenneth) (Entered: 10/29/2014)

Oct. 29, 2014 PACER
12

EXHIBITS re: 5 MOTION for Christopher J. Kondon to Appear Pro Hac Vice by Joshua D Zollicoffer, filed.(Upton, Kenneth) (Entered: 10/29/2014)

Oct. 29, 2014 PACER
14

ORDER granting 5 Motion for Christopher J. Kondon to Appear Pro Hac Vice.(Signed by Judge Gray H. Miller) (Attachments: # 1 Exhibit) Parties notified.(amwilliams, 4) (Entered: 10/31/2014)

1 Exhibit

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Oct. 30, 2014 PACER
16

ORDER granting 2 Motion for Paul Catillo to Appear Pro Hac Vice.(Signed by Judge Gray H. Miller) (Attachments: # 1 Exhibit) Parties notified.(amwilliams, 4) (Entered: 10/31/2014)

1 Exhibit

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Oct. 30, 2014 PACER
13

ORDER granting 3 Motion for Jael Humphrey-Skomer to Appear Pro Hac Vice.(Signed by Judge Gray H. Miller) (Attachments: # 1 Exhibit) Parties notified.(amwilliams, 4) (Entered: 10/31/2014)

1 Exhibit

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Oct. 31, 2014 PACER
15

ORDER granting 4 Motion for Christina N. Goodrich to Appear Pro Hac Vice.(Signed by Judge Gray H. Miller) (Attachments: # 1 Exhibit) Parties notified.(amwilliams, 4) (Entered: 10/31/2014)

1 Exhibit

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Oct. 31, 2014 PACER
17

ORDER granting 6 Motion for Saman M. Rejali to Appear Pro Hac Vice.(Signed by Judge Gray H. Miller) (Attachments: # 1 Exhibit) Parties notified.(amwilliams, 4) (Entered: 10/31/2014)

1 Exhibit

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Oct. 31, 2014 PACER
18

Request for Issuance of Summons as to Brian Blanchard, Prince Pickett, Leslie Walters, filed. (Attachments: # 1 Continuation Summons Leslie Walters, # 2 Continuation Summons Prince Pickett)(Goodrich, Christina) (Entered: 11/07/2014)

1 Continuation Summons Leslie Walters

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2 Continuation Summons Prince Pickett

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Nov. 7, 2014 PACER

Summons Issued as to Brian Blanchard, Prince Pickett, Leslie Walters. Issued summons returned to counsel for plaintiff by: First-class mail, filed.(jdav, 4)

Nov. 12, 2014 PACER
19

Request for Issuance of Summons as to Kenneth Dean, filed.(Goodrich, Christina) (Entered: 11/20/2014)

Nov. 20, 2014 PACER

Summons Issued as to Kenneth Dean. Issued summons returned to plaintiff by: First-class mail, filed.(jdav, 4)

Nov. 21, 2014 PACER
20

CERTIFICATE OF SERVICE of 4 MOTION for Christina N. Goodrich to Appear Pro Hac Vice, 10 Exhibits, 12 Exhibits, 1 Complaint, 3 MOTION for Jael Humphrey-Skomer to Appear Pro Hac Vice, 11 Exhibits, 6 MOTION for Saman M. Rejali to Appear Pro Hac Vice, 2 MOTION for Paul D. Castillo to Appear Pro Hac Vice, 5 MOTION for Christopher J. Kondon to Appear Pro Hac Vice by Joshua D Zollicoffer, filed.(Goodrich, Christina) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
21

CERTIFICATE OF SERVICE of 4 MOTION for Christina N. Goodrich to Appear Pro Hac Vice, 10 Exhibits, 12 Exhibits, 1 Complaint, 3 MOTION for Jael Humphrey-Skomer to Appear Pro Hac Vice, 11 Exhibits, Summons Issued/Not Issued, 6 MOTION for Saman M. Rejali to Appear Pro Hac Vice, 2 MOTION for Paul D. Castillo to Appear Pro Hac Vice, 5 MOTION for Christopher J. Kondon to Appear Pro Hac Vice by Joshua D Zollicoffer, filed.(Goodrich, Christina) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
22

CERTIFICATE OF SERVICE of 4 MOTION for Christina N. Goodrich to Appear Pro Hac Vice, 10 Exhibits, 12 Exhibits, 1 Complaint, 3 MOTION for Jael Humphrey-Skomer to Appear Pro Hac Vice, 11 Exhibits, Summons Issued/Not Issued, 6 MOTION for Saman M. Rejali to Appear Pro Hac Vice, 2 MOTION for Paul D. Castillo to Appear Pro Hac Vice, 5 MOTION for Christopher J. Kondon to Appear Pro Hac Vice, Summons Issued/Not Issued by Joshua D Zollicoffer, filed.(Goodrich, Christina) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
23

CERTIFICATE OF SERVICE of 4 MOTION for Christina N. Goodrich to Appear Pro Hac Vice, 10 Exhibits, 12 Exhibits, 1 Complaint, 3 MOTION for Jael Humphrey-Skomer to Appear Pro Hac Vice, 11 Exhibits, Summons Issued/Not Issued, 6 MOTION for Saman M. Rejali to Appear Pro Hac Vice, 2 MOTION for Paul D. Castillo to Appear Pro Hac Vice, 5 MOTION for Christopher J. Kondon to Appear Pro Hac Vice by Joshua D Zollicoffer, filed.(Goodrich, Christina) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
24

CERTIFICATE OF SERVICE of 4 MOTION for Christina N. Goodrich to Appear Pro Hac Vice, 10 Exhibits, 12 Exhibits, 1 Complaint, 3 MOTION for Jael Humphrey-Skomer to Appear Pro Hac Vice, 11 Exhibits, Summons Issued/Not Issued, 6 MOTION for Saman M. Rejali to Appear Pro Hac Vice, 2 MOTION for Paul D. Castillo to Appear Pro Hac Vice, 5 MOTION for Christopher J. Kondon to Appear Pro Hac Vice by Joshua D Zollicoffer, filed.(Goodrich, Christina) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
25

CERTIFICATE OF SERVICE of 4 MOTION for Christina N. Goodrich to Appear Pro Hac Vice, 10 Exhibits, 12 Exhibits, 1 Complaint, 3 MOTION for Jael Humphrey-Skomer to Appear Pro Hac Vice, 11 Exhibits, Summons Issued/Not Issued, 6 MOTION for Saman M. Rejali to Appear Pro Hac Vice, 2 MOTION for Paul D. Castillo to Appear Pro Hac Vice, 5 MOTION for Christopher J. Kondon to Appear Pro Hac Vice by Joshua D Zollicoffer, filed.(Goodrich, Christina) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
26

CERTIFICATE OF SERVICE of 4 MOTION for Christina N. Goodrich to Appear Pro Hac Vice, 10 Exhibits, 12 Exhibits, 1 Complaint, 3 MOTION for Jael Humphrey-Skomer to Appear Pro Hac Vice, 11 Exhibits, Summons Issued/Not Issued, 6 MOTION for Saman M. Rejali to Appear Pro Hac Vice, 2 MOTION for Paul D. Castillo to Appear Pro Hac Vice, 5 MOTION for Christopher J. Kondon to Appear Pro Hac Vice by Joshua D Zollicoffer, filed.(Goodrich, Christina) (Entered: 01/07/2015)

Jan. 7, 2015 PACER
27

WAIVER OF SERVICE Returned Executed as to Brian Blanchard served on 11/17/2014, answer due 1/16/2015, filed.(Goodrich, Christina) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
28

WAIVER OF SERVICE Returned Executed as to Ronald Fox served on 11/10/2014, answer due 1/9/2015, filed.(Goodrich, Christina) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
29

WAIVER OF SERVICE Returned Executed as to Brad Livingston served on 11/10/2014, answer due 1/9/2015, filed.(Goodrich, Christina) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
30

WAIVER OF SERVICE Returned Executed as to Prince Pickett served on 11/17/2014, answer due 1/16/2015, filed.(Goodrich, Christina) (Entered: 01/08/2015)

Jan. 8, 2015 PACER
31

Joint MOTION to Transfer Case to Western District of Texas, Waco Division by Bruce Armstrong, Ralph Bales, Brian Blanchard, Kenneth Dean, Ronald Fox, Fernando Fuster, Adam Gonzales, Brad Livingston, Juan Lopez, Rene Maldonado, Ralph Marez, Jr, Prince Pickett, Sigmund L Smith, Leslie Walters, Jimmy S Webb, Joni White, filed. Motion Docket Date 1/30/2015. (Attachments: # 1 Proposed Order)(Coogan, Kim) (Entered: 01/09/2015)

1 Proposed Order

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Jan. 9, 2015 PACER
32

MOTION to Dismiss by Brad Livingston, filed. Motion Docket Date 1/30/2015. (Attachments: # 1 Proposed Order)(Coogan, Kim) (Entered: 01/09/2015)

1 Proposed Order

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Jan. 9, 2015 PACER
33

ANSWER to Complaint with Jury Demand by Bruce Armstrong, Ralph Bales, Fernando Fuster, Joni White, filed.(Coogan, Kim) (Entered: 01/09/2015)

Jan. 9, 2015 PACER
34

MOTION to Dismiss Under 12(b)(6) by Brian Blanchard, Kenneth Dean, Ronald Fox, Adam Gonzales, Rene Maldonado, Ralph Marez, Jr, Prince Pickett, Jimmy S Webb, filed. Motion Docket Date 1/30/2015. (Attachments: # 1 Proposed Order)(Cobe, Christin) (Entered: 01/09/2015)

1 Proposed Order

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Jan. 9, 2015 PACER
35

First AMENDED COMPLAINT with Jury Demand against Bruce Armstrong, Ralph Bales, Brian Blanchard, Kenneth Dean, Ronald Fox, Fernando Fuster, Adam Gonzales, Brad Livingston, Juan Lopez, Rene Maldonado, Ralph Marez, Jr, Prince Pickett, Sigmund L Smith, Leslie Walters, Jimmy S Webb, Joni White, William Stephens, Lynne Sharp, Lorie Davis, Robert Eason filed by Joshua D Zollicoffer.(Goodrich, Christina) (Entered: 01/28/2015)

Jan. 28, 2015 RECAP
36

LETTER OF AGREEMENT re: Extension of Submission Date for Docket Entries 32 and 34 Until February 20, 2015. by Joshua D Zollicoffer, filed.(Castillo, Paul) (Entered: 01/29/2015)

Jan. 29, 2015 PACER
37

RESPONSE in Opposition to 31 Joint MOTION to Transfer Case to Western District of Texas, Waco Division, filed by Joshua D Zollicoffer. (Attachments: # 1 Proposed Order)(Goodrich, Christina) (Entered: 01/29/2015)

1 Proposed Order

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Jan. 29, 2015 PACER
38

Request for Issuance of Summons as to Robert Eason, filed.(Goodrich, Christina) (Entered: 02/02/2015)

Feb. 2, 2015 PACER
39

Request for Issuance of Summons as to Lorie Davis, Lynne Sharp, William Stephens, filed. (Attachments: # 1 Continuation Summons Lynne Sharp, # 2 Continuation Summons William Stephens)(Goodrich, Christina) (Entered: 02/02/2015)

1 Continuation Summons Lynne Sharp

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2 Continuation Summons William Stephens

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Feb. 2, 2015 PACER

Summons Issued as to Lorie Davis, Robert Eason, Lynne Sharp, William Stephens. Issued summons returned to plaintiff by: First-class mail, filed.(jdav, 4)

Feb. 3, 2015 PACER
40

MOTION to Dismiss Under 12(b)(1) and (6) for Lack of Jurisdiction for Failure to State a Claim and Assertion of Qualified Immunity by Brad Livingston, filed. Motion Docket Date 3/10/2015. (Attachments: # 1 Proposed Order)(Coogan, Kim) (Entered: 02/17/2015)

1 Proposed Order

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Feb. 17, 2015 PACER
41

NOTICE of Initial Disclosure by Bruce Armstrong, Ralph Bales, Fernando Fuster, Brad Livingston, Joni White, filed. (Coogan, Kim) (Entered: 02/26/2015)

Feb. 26, 2015 PACER
42

NOTICE of Initial Disclosure by Brian Blanchard, Rene Maldonado, Ralph Marez, Jr, Prince Pickett, filed. (Cobe, Christin) (Entered: 02/26/2015)

Feb. 26, 2015 PACER
43

Unopposed MOTION for Christin Cobe Vasquez and/or Kim Coogan to Withdraw as Attorney by Kenneth Dean, filed. Motion Docket Date 3/19/2015. (Attachments: # 1 Proposed Order On Unopposed Motion to Withdraw Attorney Appearances on Behalf of Kenneth Dean)(Cobe, Christin) (Entered: 02/26/2015)

1 Proposed Order On Unopposed Motion to Withdraw Attorney Appearances on Behalf of

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Feb. 26, 2015 PACER
44

REPORT of Rule 26(f) Planning Meeting by Joshua D Zollicoffer, filed.(Goodrich, Christina) (Entered: 02/26/2015)

Feb. 26, 2015 RECAP
45

NOTICE of Initial Disclosure by Joshua D Zollicoffer, filed. (Goodrich, Christina) (Entered: 02/27/2015)

Feb. 27, 2015 PACER
46

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction( Motion Docket Date 3/25/2015.) by Joshua D Zollicoffer, filed. (Attachments: # 1 Appendix of Unpublished Cases, # 2 Affidavit of Plaintiff Joshua D. Zollicoffer a/k/a Passion Star (redacted), # 3 Exhibit A-I to Affidavit of Plaintiff Joshua D. Zollicoffer a/k/a Passion Star (redacted), # 4 Exhibit J-M to Affidavit of Plaintiff Joshua D. Zollicoffer a/k/a Passion Star (redacted), # 5 Affidavit of Eldon Vail, # 6 Exhibit 1-2 to Affidavit of Eldon Vail, # 7 Affidavit of Valerie Jenness, Ph.D., # 8 Exhibit 1-2 to Affidavit of Valerie Jenness, Ph.D., # 9 Affidavit of Jael Humphrey, # 10 Exhibit 1-7 to Affidavit of Jael Humphrey, # 11 Exhibit 8-10 to Affidavit of Jael Humphrey, # 12 Proposed Order)(Goodrich, Christina) (Entered: 03/04/2015)

1 Appendix of Unpublished Cases

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2 *Restricted*

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3 *Restricted*

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4 *Restricted*

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5 Affidavit of Eldon Vail

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6 Exhibit 1-2 to Affidavit of Eldon Vail

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7 Affidavit of Valerie Jenness, Ph.D.

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8 Exhibit 1-2 to Affidavit of Valerie Jenness, Ph.D.

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9 Affidavit of Jael Humphrey

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10 Exhibit 1-7 to Affidavit of Jael Humphrey

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11 Exhibit 8-10 to Affidavit of Jael Humphrey

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12 Proposed Order

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March 4, 2015 PACER
47

Unopposed MOTION to Seal Docket Entries 46-2, 46-3, & 46-4 by Joshua D Zollicoffer, filed. Motion Docket Date 3/25/2015. (Attachments: # 1 Proposed Order)(Goodrich, Christina) (Entered: 03/04/2015)

1 Proposed Order

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March 4, 2015 PACER

***Set/Reset Deadlines/Hearings: Telephone Conference set for 3/4/2015 at 03:00 PM by telephone before Judge Gray H. Miller (rkonieczny, 4)

March 4, 2015 PACER
48

ORDER GRANTING 47 Unopposed MOTION to Seal Docket Entries 46-2, 46-3, & 46-4 (Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4) (Entered: 03/04/2015)

March 4, 2015 PACER
49

Minute Entry for proceedings held before Judge Gray H. Miller. TELEPHONE STATUS CONFERENCE held on 3/4/2015 re 46 Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Defendants will file response by 3/25/2015 then a hearng will be set if no agreed resolution has been made. Appearances: Kim J Coogan, Christin Audrey Cobe, Christina Noel Goodrich, Paul David Castillo, Jael Humphrey-Skomer, filed.(rkonieczny, 4) (Entered: 03/04/2015)

March 4, 2015 PACER
50

LETTER OF AGREEMENT re: Extension of Submission Date for Docket Entry 40 Until March 31, 2015 by Joshua D Zollicoffer, filed.(Castillo, Paul) (Entered: 03/05/2015)

March 5, 2015 PACER
51

NOTICE of First Supplemental Disclosure by Bruce Armstrong, Ralph Bales, Fernando Fuster, Brad Livingston, Joni White, filed. (Coogan, Kim) (Entered: 03/09/2015)

March 9, 2015 PACER
52

Joint MOTION to Transfer Case to Western District of Texas, Waco Division by Bruce Armstrong, Ralph Bales, Brian Blanchard, Fernando Fuster, Brad Livingston, Rene Maldonado, Ralph Marez, Jr, Prince Pickett, Joni White, filed. Motion Docket Date 4/2/2015. (Attachments: # 1 Proposed Order)(Coogan, Kim) (Entered: 03/12/2015)

1 Proposed Order

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March 12, 2015 PACER
53

ANSWER to 35 Amended Complaint/Counterclaim/Crossclaim etc., with Jury Demand by Brian Blanchard, Rene Maldonado, Ralph Marez, Jr, Prince Pickett, filed.(Cobe, Christin) (Entered: 03/17/2015)

March 17, 2015 PACER
54

RESPONSE in Opposition to 40 MOTION to Dismiss Under 12(b)(1) and (6) for Lack of Jurisdiction for Failure to State a Claim and Assertion of Qualified Immunity, filed by Joshua D Zollicoffer. (Attachments: # 1 Appendix of Unpublished Authority (Exs. 1-4), # 2 Appendix of Unpublished Authority (Exs. 5-7), # 3 Appendix of Unpublished Authority (Exs. 8-16), # 4 Appendix of Unpublished Authority (Exs. 17-22 (partial)), # 5 Appendix of Unpublished Authority (Exs. 22 (cont'd)))(Goodrich, Christina) (Entered: 03/31/2015)

1 Appendix of Unpublished Authority (Exs. 1-4)

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2 Appendix of Unpublished Authority (Exs. 5-7)

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3 Appendix of Unpublished Authority (Exs. 8-16)

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4 Appendix of Unpublished Authority (Exs. 17-22 (partial))

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5 Appendix of Unpublished Authority (Exs. 22 (cont'd))

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March 31, 2015 PACER
55

NOTICE of Lodging of [Proposed] Order Denying Defendant Livingston's Motion to Dismiss re: 54 Response in Opposition to Motion,, 40 MOTION to Dismiss Under 12(b)(1) and (6) for Lack of Jurisdiction for Failure to State a Claim and Assertion of Qualified Immunity by Joshua D Zollicoffer, filed. (Attachments: # 1 Proposed Order Denying Defendant Livingston's Motion to Dismiss)(Goodrich, Christina) (Entered: 03/31/2015)

1 Proposed Order Denying Defendant Livingston's Motion to Dismiss

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March 31, 2015 PACER
56

RESPONSE in Opposition to 52 Joint MOTION to Transfer Case to Western District of Texas, Waco Division, filed by Joshua D Zollicoffer. (Attachments: # 1 Proposed Order Denying Amended Motion to Transfer)(Goodrich, Christina) (Entered: 04/02/2015)

1 Proposed Order Denying Amended Motion to Transfer

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April 2, 2015 PACER
57

NOTICE of Lodging of Appendix of Authorities to Plaintiff's Response in Opposition to Defendants' Amended Motion to Transfer re: 56 Response in Opposition to Motion, 52 Joint MOTION to Transfer Case to Western District of Texas, Waco Division by Joshua D Zollicoffer, filed. (Attachments: # 1 Appendix and Exhibits)(Goodrich, Christina) (Entered: 04/03/2015)

1 Appendix and Exhibits

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April 3, 2015 PACER
58

ANSWER to 35 Amended Complaint/Counterclaim/Crossclaim etc., with Jury Demand by James Sigmund, Leslie Harman, filed.(Cobe, Christin) (Entered: 04/20/2015)

April 20, 2015 PACER
59

ORDER DENYING 52 Joint MOTION to Transfer Case to Western District of Texas, Waco Division, 31 Joint MOTION to Transfer Case to Western District of Texas, Waco Division (Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4) (Entered: 04/27/2015)

April 27, 2015 RECAP
60

MOTION to Dismiss Under 12(b)1 and (6) for Lack of Jurisdiction, For Failure to State a Claim and Assertion of Qualified Immunity by Lorie Davis, Robert Eason, Lynne Sharp, William Stephens, filed. Motion Docket Date 5/18/2015. (Attachments: # 1 Proposed Order)(Coogan, Kim) (Entered: 04/27/2015)

1 Proposed Order

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April 27, 2015 PACER
61

ORDER GRANTING 43 Unopposed MOTION for Christin Cobe Vasquez and/or Kim Coogan to Withdraw as Attorney. Attorney Christin Audrey Cobe terminated.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny, 4) (Entered: 04/27/2015)

April 27, 2015 PACER
62

NOTICE of Reassignment to Judge Alfred H. Bennett, pursuant to Special Order No. 2015-2. Deadlines in scheduling orders remain in effect. All court settings are vacated. Judge Gray H. Miller no longer assigned to the case. Parties notified, filed. (dkellyadi, 4) (Entered: 04/27/2015)

April 27, 2015 PACER
63

ANSWER to 35 Amended Complaint/Counterclaim/Crossclaim etc., with Jury Demand by Bruce Armstrong, Ralph Bales, Fernando Fuster, Joni White, filed.(Coogan, Kim) (Entered: 05/08/2015)

May 8, 2015 PACER
64

LETTER OF AGREEMENT re: Extension of Submission Date for Docket Entry 60 Until June 17, 2015 by Joshua D Zollicoffer, filed.(Castillo, Paul) (Entered: 05/18/2015)

May 18, 2015 PACER

Plaintiff's response to Motion to Dismiss extended. Response due by 6/17/2015. (ledwards, 4)

May 18, 2015 PACER
65

MOTION for Demoya R. Gordon to Appear Pro Hac Vice by Joshua D Zollicoffer, filed. Motion Docket Date 6/30/2015. (Upton, Kenneth) (Entered: 06/09/2015)

June 9, 2015 PACER
66

MOTION for Jael Humphrey-Skomer to Withdraw as Attorney by Joshua D Zollicoffer, filed. Motion Docket Date 7/6/2015. (Attachments: # 1 Proposed Order Proposed Order to Withdraw)(Humphrey-Skomer, Jael) (Entered: 06/12/2015)

1 Proposed Order Proposed Order to Withdraw

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June 12, 2015 PACER
67

STATEMENT Regarding Safekeeping Status of Joshua Zollicoffer TDCJ # 1138161 by Bruce Armstrong, Ralph Bales, Fernando Fuster, Joni White, filed.(Coogan, Kim) (Entered: 06/15/2015)

June 15, 2015 PACER
68

STIPULATION of Dismissal as to Defendants William Stephens, Lynne Sharp, Robert Eason, and Lorie Davis Only by Joshua D Zollicoffer, filed.(Castillo, Paul) (Entered: 06/16/2015)

June 16, 2015 PACER
69

Request for Issuance of Summons as to Kenneth Dean, filed.(Goodrich, Christina) (Entered: 06/18/2015)

June 18, 2015 PACER
70

ORDER granting 66 Motion to Withdraw as Attorney. Attorney Jael Humphrey-Skomer terminated. (Signed by Judge Alfred H. Bennett) Parties notified. (wbostic, 4) (Entered: 06/18/2015)

June 18, 2015 PACER

Summons Issued as to Kenneth Dean. Issued summons returned to plaintiff by: First-class mail, filed.(jdav, 4)

June 19, 2015 PACER
71

CERTIFICATE OF SERVICE of 35 Amended Complaint/Counterclaim/Crossclaim etc., 44 Report of Rule 26(f) Planning Meeting, 59 Order, 53 Answer to Amended Complaint, Summons Issued/Not Issued, 1 Complaint, 54 Response in Opposition to Motion,, 67 Statement, 58 Answer to Amended Complaint, 32 MOTION to Dismiss, 68 Stipulation of Dismissal by Joshua D Zollicoffer, filed.(Goodrich, Christina) (Entered: 07/17/2015)

July 17, 2015 PACER
72

ANSWER to 35 Amended Complaint/Counterclaim/Crossclaim etc., with Jury Demand by Kenneth Dean, filed.(Cobe Vasquez, Christin) (Entered: 07/20/2015)

July 20, 2015 PACER
73

CERTIFICATE OF SERVICE by Joshua D Zollicoffer, filed.(Goodrich, Christina) (Entered: 08/04/2015)

Aug. 4, 2015 PACER
74

ORDER granting 65 Motion for Demoya Gordon to Appear Pro Hac Vice. (Signed by Judge Alfred H. Bennett) Parties notified. (wbostic, 4) (Entered: 08/18/2015)

Aug. 18, 2015 PACER
75

NOTICE of Setting. Parties notified. Scheduling Conference set for 9/15/2015 at 10:30 AM in Courtroom 8B before Judge Alfred H. Bennett, filed. (ledwards, 4) (Entered: 09/10/2015)

Sept. 10, 2015 PACER

Minute Entry for proceedings held before Judge Alfred H. Bennett. STATUS CONFERENCE held on 9/15/2015. Motion to Dismiss(doc # 40 ),Under Advisement. Scheduling dates to be agreed upon by counsel and submitted; Scheduling Order to follow. Appearances: Kim J Coogan, Christin Cobe Vasquez, Demoya R. Gordon, Paul David Castillo.(Court Reporter: L. Wells), filed.(ledwards, 4)

Sept. 15, 2015 PACER
76

SCHEDULING ORDER: Amended Pleadings due by 1/4/2016. Joinder of Parties due by 1/4/2016 Pltf Expert Report due by 6/17/2016. Deft Expert Report due by 7/18/2016. Discovery due by 10/17/2016. Dispositive Motion Filing due by 11/14/2016. Plaintiff must file Joint Pretrial Order by 1/2/2017. Defendant must supply plaintiff with its Pretrial Order by 12/26/2016. Docket Call set for 1/6/2017 at 01:30 PM in Courtroom 8B before Judge Alfred H. Bennett. Trial Term is set for two weeks beginning 1/9/2017.(Signed by Judge Alfred H. Bennett) Parties notified.(ledwardsadi, 4) (Entered: 09/22/2015)

Sept. 22, 2015 PACER
77

ORDER on Defendant Brad Livingston's Motion to Dismiss (Doc. # 40) (Signed by Judge Alfred H. Bennett) Parties notified.(ledwards, 4) (Entered: 03/14/2016)

March 14, 2016 PACER
78

Unopposed MOTION to Amend 76 Scheduling Order,, by Joshua D Zollicoffer, filed. Motion Docket Date 7/6/2016. (Attachments: # 1 Proposed Amended Scheduling Order)(Castillo, Paul) (Entered: 06/15/2016)

1 Proposed Amended Scheduling Order

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June 15, 2016 PACER
79

AMENDED CHEDULING ORDER Granting 78 Unopposed MOTION to Amend 76 Scheduling Order,. Jury. ( Pltf Expert Report due by 8/16/2016., Deft Expert Report due by 9/16/2016., Discovery due by 2/28/2017., Dispositive Motion Filing due by 3/31/2017., Non-Dispositive Motion Filing due by 3/31/2017., Joint Pretrial Order due by 5/8/2017., Docket Call set for 5/19/2017 at 01:30 PM in Courtroom 8C before Judge Alfred H Bennett, Jury Trial set for 5/22/2017 at 09:00 AM in Courtroom 8C before Judge Alfred H Bennett)(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 06/17/2016)

June 17, 2016 PACER
80

NOTICE of Third Supplemental Disclosure by Bruce Armstrong, Ralph Bales, Fernando Fuster, Brad Livingston, Joni White, filed. (Coogan, Kim) (Entered: 07/27/2016)

July 27, 2016 PACER
81

NOTICE of Fourth Supplemental Disclosure by Bruce Armstrong, Ralph Bales, Fernando Fuster, Brad Livingston, Joni White, filed. (Coogan, Kim) (Entered: 07/28/2016)

July 28, 2016 PACER
82

Joint MOTION for Extension of Time to Designate Expert Witnesses by Joshua D Zollicoffer, filed. Motion Docket Date 8/26/2016. (Attachments: # 1 Proposed Order)(Gordon, Demoya) (Entered: 08/05/2016)

1 Proposed Order

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Aug. 5, 2016 PACER
83

ORDER granting 82 Joint MOTION for Extension of Time to Designate Expert Witnesses ( Pltf Expert Report due by 10/17/2016., Deft Expert Report due by 11/16/2016.)(Signed by Judge Alfred H Bennett) Parties notified.(gclair, 4) (Entered: 08/11/2016)

Aug. 10, 2016 PACER
84

NOTICE of Fifth Supplemental Disclosure by Bruce Armstrong, Ralph Bales, Fernando Fuster, Brad Livingston, Joni White, filed. (Coogan, Kim) (Entered: 08/11/2016)

Aug. 11, 2016 PACER
85

ORDER granting 68 Stipulation of Dismissal as to Defendants William Stephens, Lynne Sharp, Robert Eason, and Lorie Davis. (Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 09/22/2016)

Sept. 22, 2016 PACER
86

NOTICE of Sixth Supplemental Disclosure by Bruce Armstrong, Ralph Bales, Fernando Fuster, Brad Livingston, Joni White, filed. (Coogan, Kim) (Entered: 10/07/2016)

Oct. 7, 2016 PACER
87

MOTION to Quash Deposition by Brad Livingston, filed. Motion Docket Date 11/18/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Coogan, Kim) (Entered: 10/28/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Proposed Order

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Oct. 28, 2016 PACER
88

NOTICE of Seventh Supplemental Disclosure by Bruce Armstrong, Ralph Bales, Fernando Fuster, Brad Livingston, Joni White, filed. (Coogan, Kim) (Entered: 11/08/2016)

Nov. 8, 2016 PACER
89

DESIGNATION OF EXPERT WITNESS LIST by Bruce Armstrong, Ralph Bales, Brian Blanchard, Kenneth Dean, Ronald Fox, Fernando Fuster, Adam Gonzales, Juan Lopez, Rene Maldonado, Ralph Marez, Jr, Prince Pickett, Sigmund L Smith, Leslie Walters, Jimmy S Webb, Joni White, filed.(Coogan, Kim) (Entered: 11/16/2016)

Nov. 16, 2016 PACER
90

NOTICE Regarding Deposition of Defendant Brad Livingston by Joshua D Zollicoffer, filed. (Gordon, Demoya) (Entered: 11/16/2016)

Nov. 16, 2016 PACER
91

Joint MOTION to Stay the Proceedings Pending Finalization of a Settlement Agreement by Joshua D Zollicoffer, filed. Motion Docket Date 3/15/2017. (Attachments: # 1 Proposed Order)(Gordon, Demoya) (Entered: 02/22/2017)

1 Proposed Order

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Feb. 22, 2017 PACER
92

ORDER granting 91 Motion to Stay. The proceedings in this matter are stayed until June 1, 2017, pending finalization of the parties' settlement agreement. (Signed by Judge Alfred H Bennett) Parties notified. (wbostic, 4) (Entered: 03/02/2017)

March 1, 2017 PACER

State / Territory: Texas

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 23, 2014

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Thirty-year-old transgender woman in the custody of Defendant Department of Criminal Justice.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Order Duration: 2018 - None

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Training

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Conditions of confinement

Gay/lesbian/transgender

Incident/accident reporting & investigations

Sexual abuse by residents/inmates

Staff (number, training, qualifications, wages)

Discrimination-basis:

Gender identity

Affected Gender:

Female

Male

Type of Facility:

Government-run