Case: MoonShadow v. Raemisch

1:16-cv-01717 | U.S. District Court for the District of Colorado

Filed Date: July 5, 2016

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On July 5, 2016, plaintiff, a male-to-female transgender inmate incarcerated by the Colorado Department of Corrections [CDOC] who resided in a male facility, filed suit against the chief of psychiatry and the executive director of the CDOC for failure to provide her with appropriate undergarments and other items that were available exclusively to female prisoners in conformity with her gender identity, in spite of the fact that she was developing breasts as a result of her hormonal treatment. T…

On July 5, 2016, plaintiff, a male-to-female transgender inmate incarcerated by the Colorado Department of Corrections [CDOC] who resided in a male facility, filed suit against the chief of psychiatry and the executive director of the CDOC for failure to provide her with appropriate undergarments and other items that were available exclusively to female prisoners in conformity with her gender identity, in spite of the fact that she was developing breasts as a result of her hormonal treatment. The complaint was originally filed pro se, but was eventually taken on by the Civil Rights Clinic at the Sturm College of Law at the University of Denver. The amended complaint was brought under 42 U.S.C. § 1983 and alleged a violation of the Eighth Amendment based on her inadequate medical care while incarcerated, as well as the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, since her treatment was different than that of cisgender prisoners. The plaintiff sought injunctive and declaratory relief.

The amended complaint contained additional claims of verbal harassment and physical and sexual assault by guards and other inmates that took place in the prison, all of which she reported to the prison, which the plaintiff believed to be the result of her gender identity and expression. She also represented a belief that the appropriate undergarments would make her less vulnerable to attack. Additionally, the complaint alleged that the plaintiff did not have adequate medical treatment to address her gender identity disorder beyond hormone treatment, including sex reassignment surgery. The case was assigned to Judge Marcia S. Krieger and referred to Magistrate Judge Scott T. Varholak.

The defendants moved to dismiss the complaint in December, 2016. In the meantime, the plaintiff filed a Second Amended Complaint on April 25, 2017. After the case was consolidated with related cases on September 11, 2017, plaintiff filed a third amended complaint on October 12, 2017. Plaintiff moved for preliminary injunction on February 20, 2018 and later withdrew this motion voluntarily. The court did not address the merits of the claim because the parties reached a settlement agreement on June 22, 2018.

The student attorneys settlement allowed transgender women to have access to bras and the full range of undergarments available to prisoners in female facilities, to evaluation for gender confirmation surgery, and to the female canteen list, which will allow transgender women the ability to purchase and wear makeup. The case was terminated on September 21, 2018.

Summary Authors

Elizabeth Heise (10/7/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6575226/parties/radan-v-colorado-department-of-corrections-the/


Judge(s)

Krieger, Marcia S. (Colorado)

Varholak, Scott T. (Colorado)

Attorneys(s) for Plaintiff

Godfrey, Nicole Brianne (Colorado)

Jefferis, Danielle C. (Colorado)

Rovner, Laura Lee (Colorado)

Attorneys(s) for Defendant

Starnella, Kathryn Anne Teresa (Colorado)

Judge(s)

Krieger, Marcia S. (Colorado)

Varholak, Scott T. (Colorado)

Attorneys(s) for Plaintiff

Godfrey, Nicole Brianne (Colorado)

Jefferis, Danielle C. (Colorado)

Rovner, Laura Lee (Colorado)

Attorneys(s) for Defendant

Starnella, Kathryn Anne Teresa (Colorado)

Documents in the Clearinghouse

Document

1:16-cv-01717

Docket [PACER]

Radan v. The Colorado Department of Corrections

Sept. 21, 2018

Sept. 21, 2018

Docket
1

1:16-cv-01717

Complaint

Radan v. The Colorado Department of Corrections

July 5, 2016

July 5, 2016

Complaint
105

1:16-cv-01717

Third Amended Complaint

Radan v. Raemisch

Oct. 12, 2017

Oct. 12, 2017

Complaint
158

1:16-cv-01717

Notice of Settlement

Radan v. Raemisch

June 22, 2018

June 22, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6575226/radan-v-colorado-department-of-corrections-the/

Last updated Aug. 5, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against CDOC Medical Dept.((Colorado State Prison)), CDOC Medical Dept.(Limon Corr. Facility), Colorado Dept. of Corrections, filed by Billy J. Radan. (Attachments: # 1 Envelope)(sphil, ) (Entered: 07/06/2016)

1 Envelope

View on PACER

July 5, 2016

July 5, 2016

PACER
2

Prisoner's MOTION and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 by Plaintiff Billy J. Radan. (sphil, ) (Entered: 07/06/2016)

July 5, 2016

July 5, 2016

PACER
3

Case assigned to Magistrate Judge Gordon P. Gallagher. Text Only Entry (sphil, ) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
4

ORDER granting 2 Motion for Leave to Proceed in Forma Pauperis by Magistrate Judge Gordon P. Gallagher on 7/6/16.(dkals, ) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
5

ORDER DIRECTING PLAINTIFF TO FILE AMENDED COMPLAINT by Magistrate Judge Gordon P. Gallagher on 7/7/16. (dkals, ) (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

PACER
6

MOTION for Continuance/Extension [sic] of Time by Plaintiff Billy J. Radan. (dkals, ) (Entered: 08/02/2016)

Aug. 1, 2016

Aug. 1, 2016

PACER
7

Minute ORDER. Motion for Continuance/Extension of Time is Granted 6 . Plaintiff shall file an Amended Complaint, as directed in the July 7, 2016 Order, on or before September 7, 2016. Entered by Magistrate Judge Gordon P. Gallagher on 08/03/16.(jhawk, ) (Entered: 08/03/2016)

Aug. 3, 2016

Aug. 3, 2016

PACER
8

AMENDED COMPLAINT against Kathleen Boyd, Darren L. Lish, Jodi Sinker, Rick Raemisch, Nicole Blatnik, filed by Billy J. Radan.(dkals, ) (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
9

ORDER TO DISMISS IN PART AND TO DRAW CASE by Judge Lewis T. Babcock on 10/4/16. (dkals, ) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
10

CASE REASSIGNED pursuant to 9 Order: This case is reassigned to Magistrate Judge Scott T Varholak. All future pleadings should be designated as 16-cv-01717-STV. (Text Only Entry) (dkals, ) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
11

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (dkals, ) (Entered: 10/04/2016)

Oct. 4, 2016

Oct. 4, 2016

PACER
12

CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Billy J. Radan All parties consent. (Attachments: # 1 Envelope)(slibi, ) (Entered: 10/11/2016)

1 Envelope

View on PACER

Oct. 11, 2016

Oct. 11, 2016

PACER
13

MOTION for Appointment of Counsel, by Plaintiff Billy J. Radan. (Attachments: # 1 Envelope)(slibi, ) (Entered: 10/13/2016)

1 Envelope

View on PACER

Oct. 13, 2016

Oct. 13, 2016

PACER
14

CERTIFICATE of Service by Clerk of Court re 8 Amended Complaint for Service of Process. (dbera, ) (Entered: 10/13/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
15

WAIVER OF SERVICE Returned Executed Nicole Blatnik waiver sent on 10/13/2016, answer due 12/12/2016; Kathleen Boyd waiver sent on 10/13/2016, answer due 12/12/2016; Darren L. Lish waiver sent on 10/13/2016, answer due 12/12/2016; Rick Raemisch waiver sent on 10/13/2016, answer due 12/12/2016; Jodi Sinker waiver sent on 10/13/2016, answer due 12/12/2016. (slibi, ) (Entered: 10/14/2016)

Oct. 13, 2016

Oct. 13, 2016

PACER
16

ORDER Setting Status Conference for 12/13/2016 09:00 AM in Courtroom C205 before Magistrate Judge Scott T Varholak, by Magistrate Judge Scott T Varholak on 11/01/2016. (slibi, ) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
17

ORDER denying without prejudice 13 Motion for Appointment of Counsel, by Magistrate Judge Scott T Varholak on 11/01/2016.(slibi, ) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
18

ORDER OF REFERENCE Upon Consent to Jurisdiction of Magistrate Judge: Upon consent of the parties evidenced by Docket Entry #12, this case is referred to Magistrate Judge Scott T. Varholak for all purposes pursuant to D.C.COLO.LCivR 72.2(d) and 28 U.S.C. ยง 636(c). by Chief Judge Marcia S. Krieger on 11/2/16. Text Only Entry (msksec, ) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
19

NOTICE of Entry of Appearance by Kathryn Anne Teresa Starnella on behalf of Nicole Blatnik, Kathleen Boyd, Darren L. Lish, Rick Raemisch, Jodi SinkerAttorney Kathryn Anne Teresa Starnella added to party Nicole Blatnik(pty:dft), Attorney Kathryn Anne Teresa Starnella added to party Kathleen Boyd(pty:dft), Attorney Kathryn Anne Teresa Starnella added to party Darren L. Lish(pty:dft), Attorney Kathryn Anne Teresa Starnella added to party Rick Raemisch(pty:dft), Attorney Kathryn Anne Teresa Starnella added to party Jodi Sinker(pty:dft) (Starnella, Kathryn) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER
20

CONSENT to Jurisdiction of Magistrate Judge by Defendants Nicole Blatnik, Kathleen Boyd, Darren L. Lish, Rick Raemisch, Jodi Sinker All parties do not consent.. (Starnella, Kathryn) (Entered: 11/28/2016)

Nov. 28, 2016

Nov. 28, 2016

PACER
21

Pursuant to Docket Entry 20 the Clerk of Court is directed to reassign this case to Chief Judge Marcia S. Krieger. by Chief Judge Marcia S. Krieger on 11/29/2016. Text Only Entry (msklc4, ) (Entered: 11/29/2016)

Nov. 29, 2016

Nov. 29, 2016

PACER
22

CASE REASSIGNED pursuant to 21 Order. All parties do not consent. This case is reassigned to Judge Christine M. Arguello. All future pleadings should be designated as 16-cv-01717-CMA. (Text Only Entry) (slibi, ) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
23

AMENDED CASE REASSIGNED pursuant to 21 Order. This case is reassigned to Chief Judge Marcia S. Krieger. All future pleadings should be designated as 16-cv-01717-MSK. Document 22 was entered in error. (Text Only Entry) (slibi, ) (Entered: 11/30/2016)

Nov. 30, 2016

Nov. 30, 2016

PACER
24

ORDER REFERRING CASE to Magistrate Judge Scott T Varholak: 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. Early Neutral Evaluation is approved. On the informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in a settlement conference conducted by the magistrate judge if the parties have engaged in an Early Neutral Evaluation and are unable to afford or otherwise attain private settlement assistance;(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 12/1/16. Text Only Entry (msksec, ) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
25

ORDER Setting Scheduling Conference for 1/5/2017 10:30 AM in Courtroom C205 before Magistrate Judge Scott T Varholak, by Magistrate Judge Scott T Varholak on 12/01/2016. (slibi, ) (Entered: 12/01/2016)

Dec. 1, 2016

Dec. 1, 2016

PACER
26

MOTION to Dismiss by Defendants Nicole Blatnik, Kathleen Boyd, Darren L. Lish, Rick Raemisch, Jodi Sinker. (Starnella, Kathryn) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER
27

MINUTE ENTRY for Status Conference proceedings held before Magistrate Judge Scott T Varholak on 12/13/2016; This matter is before the court to consider the status of the case. ORDERED: Defense counsel shall prepare a proposed scheduling order in preparation of the Scheduling Conference set for January 5, 2017 at 10:30 a.m., and file it with the court seven (7) days before theScheduling Conference. Defense counsel shall mail a copy to the Plaintiff before the Scheduling Conference so that the Plaintiff may review it in preparation of the Scheduling Conference. Hearing concluded.FTR: STV - C205. (morti, ) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
28

ERRATA re 26 MOTION to Dismiss by Defendants Nicole Blatnik, Kathleen Boyd, Darren L. Lish, Rick Raemisch, Jodi Sinker. (Attachments: # 1 Proposed Document Defendants' Motion to Dismiss)(Starnella, Kathryn) (Entered: 12/13/2016)

1 Proposed Document Defendants' Motion to Dismiss

View on PACER

Dec. 13, 2016

Dec. 13, 2016

PACER
29

MOTION for the Appointment of Counsel by Plaintiff Billy J. Radan. (dkals, ) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER
30

MEMORANDUM regarding 29 MOTION to Appoint Counsel filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T Varholak by Chief Judge Marcia S. Krieger on 12/16/16. Text Only Entry (msksec, ) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
31

ORDER denying without prejudice 29 Motion for Appointment of Counsel, by Magistrate Judge Scott T Varholak on 12/16/2016. (slibi, ) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER
32

Proposed Scheduling Order (Defendants' Proposed Scheduling Order) by Defendants Nicole Blatnik, Kathleen Boyd, Darren L. Lish, Rick Raemisch, Jodi Sinker. (Starnella, Kathryn) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
33

MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T Varholak on 1/5/2017. Discovery due by 6/5/2017. Dispositive Motions due by 7/5/2017. Status Conference set for 3/7/2017 09:30 AM in Courtroom C205 before Magistrate Judge Scott T Varholak. The Clerks Office is directed to mail copies of Magistrate Judge Varholaks practice standards, Chief Judge Kriegers practice standards and the Courts Local Rules, to the Plaintiff. Hearing concluded. FTR: STV - C205. (morti, ) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
34

TRIAL PREPARATION ORDER - CIVIL by Chief Judge Marcia S. Krieger on 1/5/17. Text Only Entry (msksec, ) (Entered: 01/05/2017)

Jan. 5, 2017

Jan. 5, 2017

PACER
35

MOTION for Release of Records by Plaintiff Billy J. Radan. (dkals, ) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
36

MEMORANDUM regarding 35 MOTION for Order to filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 1/18/17. Text Only Entry (msksec, ) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
37

ORDER re: 35 MOTION for Release of Records to filed by Billy J. Radan, by Magistrate Judge Scott T. Varholak on 1/18/2017. Motion Hearing set for 1/27/2017 11:00 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak. (slibi, ) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
38

CERTIFICATE of Service by Mail by Clerk of Court re 37 Order to CASE MANAGER FOR Ms. Billy J. Radan #120535, Limon Correctional Facility (LCF), 49030 State Highway 71, Limon, CO 80826 and Billy J. Radan # 120535, Limon Correctional Facility (LCF), 49030 State Highway 71, Limon, CO 80826. Text Only Entry (slibi, ) (Entered: 01/18/2017)

Jan. 18, 2017

Jan. 18, 2017

PACER
39

MINUTE ENTRY/COURTROOM MINUTES for proceedings held before Magistrate Judge Scott T. Varholak: Granting in part 35 Motion for Order; Motion Hearing held on 1/27/2017.ORDERED: Court construes Plaintiffs Motion for Release of Records toInmate [Doc. No. 35] as a Request for Production of documents.The Court GRANTS [Doc. No. 35], in part. Defendants shallprovide to the Plaintiff all of her medical and mental healthrecords dating back to November 1, 2015. The Defendants mayredact as necessary for security purposes. Further, theDefendants shall produce to Plaintiff a copy of any medical ormental health records, dating back to January 2014, that Plaintiffidentifies as being related to her gender identity or the need fora bra. Again, the Defendants may redact for security purposes. FTR: Courtroom C205. (bdiem) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
40

MOTION for Appointment of Counsel by Plaintiff Billy J. Radan. (dkals, ) (Entered: 02/09/2017)

Feb. 9, 2017

Feb. 9, 2017

PACER
41

MEMORANDUM regarding 26 MOTION to Dismiss filed by Kathleen Boyd, Jodi Sinker, Darren L. Lish, Nicole Blatnik, Rick Raemisch. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 2/14/17. Text Only Entry (msksec, ) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
42

MEMORANDUM regarding 40 MOTION to Appoint Pro Bono Counsel filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 2/14/17. Text Only Entry (msksec, ) (Entered: 02/14/2017)

Feb. 14, 2017

Feb. 14, 2017

PACER
43

ORDER APPOINTING PRO BONO COUNSEL pursuant to D.C.COLO.LAttyR 15(e)(1), by Magistrate Judge Scott T. Varholak on 2/15/2017. (slibi, ) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
44

Notice of Pro Bono Appointment. Attorneys Laura Rovner, Nicole Godfrey, Danielle Jefferis and other members of the University of Denver College of Law Civil Rights Clinic have been selected as counsel to represent the Plaintiff, in accordance with the Court's Order of February 17, 2017 and D.C.COLO.LAttyR 15(f) of the U.S. District Court's Local Rules of Practice. Counsel have thirty days to either enter appearances in the case or to file a Notice Declining Appointment. This Notice of Appointment will be sent to the pro se litigant and selected counsel by the undersigned designated clerk. (ebutl) (Entered: 02/17/2017)

Feb. 17, 2017

Feb. 17, 2017

PACER
45

NOTICE of Entry of Appearance by Nicole Brianne Godfrey on behalf of Billy J. RadanAttorney Nicole Brianne Godfrey added to party Billy J. Radan(pty:pla) (Godfrey, Nicole) (Entered: 02/20/2017)

Feb. 20, 2017

Feb. 20, 2017

PACER
46

Unopposed MOTION for Leave to Appear as Student Attorneys by Plaintiff Billy J. Radan. (Attachments: # 1 Proposed Order (PDF Only) Law Student Appearance Form (Roisman), # 2 Proposed Order (PDF Only) Law Student Appearance Form (DiRenzo))(Godfrey, Nicole) (Entered: 02/20/2017)

1 Proposed Order (PDF Only) Law Student Appearance Form (Roisman)

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2 Proposed Order (PDF Only) Law Student Appearance Form (DiRenzo)

View on PACER

Feb. 20, 2017

Feb. 20, 2017

PACER
47

Unopposed MOTION for Leave to Respond Out of Time to 26 MOTION to Dismiss by Plaintiff Billy J. Radan. (Attachments: # 1 Proposed Order (PDF Only))(Godfrey, Nicole) (Entered: 02/20/2017)

1 Proposed Order (PDF Only)

View on PACER

Feb. 20, 2017

Feb. 20, 2017

PACER
48

MEMORANDUM regarding 46 Unopposed MOTION for Leave to Appear as Student Attorneys filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 2/21/17. Text Only Entry (msksec, ) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
49

MEMORANDUM regarding 47 Unopposed MOTION for Leave to Respond Out of Time to 26 MOTION to Dismiss filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 2/21/17. Text Only Entry (msksec, ) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER
50

ORDER granting 46 Motion for Leave to Appear as Student Attorneys. By Magistrate Judge Scott T. Varholak on 2/22/2017. Text Only Entry (stvlc2, ) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
51

ORDER granting 47 Motion for Leave. Plaintiff's response to the Motion to Dismiss 26 is due by 3/29/2017. By Magistrate Judge Scott T. Varholak on 2/22/2017. Text Only Entry (stvlc2, ) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

PACER
52

MOTION to Vacate Discovery Deadlines and Reset Scheduling Conference (Partially Unopposed) by Plaintiff Billy J. Radan. (Godfrey, Nicole) (Entered: 02/23/2017)

Feb. 23, 2017

Feb. 23, 2017

PACER
53

NOTICE of Entry of Appearance by Laura Lee Rovner on behalf of Billy J. RadanAttorney Laura Lee Rovner added to party Billy J. Radan(pty:pla) (Rovner, Laura) (Entered: 02/25/2017)

Feb. 25, 2017

Feb. 25, 2017

PACER
54

MEMORANDUM regarding 52 MOTION to Vacate Discovery Deadlines and Reset Scheduling Conference (Partially Unopposed) filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 2/27/17. Text Only Entry (msksec, ) (Entered: 02/27/2017)

Feb. 27, 2017

Feb. 27, 2017

PACER
55

NOTICE of Entry of Appearance by Danielle C. Jefferis on behalf of Billy J. RadanAttorney Danielle C. Jefferis added to party Billy J. Radan(pty:pla) (Jefferis, Danielle) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

PACER
56

TRANSCRIPT of Status Conference held on December 13, 2016 before Magistrate Judge Varholak. Pages: 1-17. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Stevens-Koenig Reporting, ) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
57

TRANSCRIPT of Rule 16(b) Scheduling Conference held on January 5, 2017 before Magistrate Judge Varholak. Pages: 1-17. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Stevens-Koenig Reporting, ) (Entered: 03/02/2017)

March 2, 2017

March 2, 2017

PACER
58

Unopposed MOTION for Leave to Attend Status Conference Via Telephone by Plaintiff Billy J. Radan. (Attachments: # 1 Proposed Order (PDF Only))(Jefferis, Danielle) (Entered: 03/03/2017)

1 Proposed Order (PDF Only)

View on PACER

March 3, 2017

March 3, 2017

PACER
59

MEMORANDUM regarding 58 Unopposed MOTION for Leave to Attend Status Conference Via Telephone filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 3/6/17. Text Only Entry (msksec, ) (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

PACER
60

ORDER granting 58 Motion for Leave. Plaintiff may appear telephonically at the Status Conference on March 7, 2017 at 9:30 AM. By Magistrate Judge Scott T. Varholak on 3/6/2017. Text Only Entry (stvlc2, ) (Entered: 03/06/2017)

March 6, 2017

March 6, 2017

PACER
61

MINUTE ENTRY for Status Conference held before Magistrate Judge Scott T. Varholak on 3/7/2017; 52 Plaintiffs Partially Unopposed Motion to Vacate Discovery Deadline and Reset Scheduling Conference is GRANTED in part and DENIED in part. Discovery due by 9/29/2017. Dispositive Motions due by 10/30/2017. Hearing concluded. FTR: STV - C205. (morti, ) (Entered: 03/07/2017)

March 7, 2017

March 7, 2017

PACER
62

Unopposed MOTION for Leave to Appear as Student Attorneys by Plaintiff Billy J. Radan. (Attachments: # 1 Proposed Order (PDF Only) Law Student Appearance Form (Nicholas Lutz), # 2 Proposed Order (PDF Only) Law Student Appearance Form (Aurora Randolph))(Jefferis, Danielle) (Entered: 03/20/2017)

1 Proposed Order (PDF Only) Law Student Appearance Form (Nicholas Lutz)

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2 Proposed Order (PDF Only) Law Student Appearance Form (Aurora Randolph)

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March 20, 2017

March 20, 2017

PACER
63

MEMORANDUM regarding 62 Unopposed MOTION for Leave to Appear as Student Attorneys filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 3/20/17. Text Only Entry (msksec, ) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER
64

ORDER granting 62 Plaintiff's Unopposed Motion for Leave to Appear As Student Attorneys, by Magistrate Judge Scott T. Varholak on 3/21/2017. (Attachments: # 1 Order)(morti, ) (Entered: 03/21/2017)

1 Order

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March 21, 2017

March 21, 2017

PACER
65

NOTICE of Voluntary Dismissal of Party Boyd, Sinker, and Blatnik by Plaintiff Billy J. Radan (Jefferis, Danielle) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
66

RESPONSE to 26 MOTION to Dismiss filed by Plaintiff Billy J. Radan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Jefferis, Danielle) (Entered: 03/29/2017)

1 Exhibit 1

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2 Exhibit 2

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March 29, 2017

March 29, 2017

PACER
67

REPLY to Response to 26 MOTION to Dismiss filed by Defendants Darren L. Lish, Rick Raemisch. (Starnella, Kathryn) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
68

MINUTE ORDER. Motion Hearing re: 26 MOTION to Dismiss is set for 5/3/2017 10:00 AM in Courtroom C205 before Magistrate Judge Scott T. Varholak, by Magistrate Judge Scott T. Varholak on 4/13/2017. Text Only Entry (stvlc1, ) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
69

Unopposed MOTION for Leave to File Second Amended Complaint by Plaintiff Billy J. Radan. (Attachments: # 1 Exhibit 1 - Proposed Second Amended Complaint)(Jefferis, Danielle) (Entered: 04/24/2017)

1 Exhibit 1 - Proposed Second Amended Complaint

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April 24, 2017

April 24, 2017

PACER
70

MEMORANDUM regarding 69 Unopposed MOTION for Leave to File Second Amended Complaint filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 4/25/17. Text Only Entry (msksec, ) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
71

ORDER granting 69 Plaintiff's Unopposed Motion for Leave to File a Second Amended Complaint. Motion Hearing set for 5/3/2017 10:00 AM is VACATED. By Magistrate Judge Scott T. Varholak on 4/25/2017. Text Only Entry (stvlc2, ) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
72

ORDER finding as moot 26 Motion to Dismiss. By Magistrate Judge Scott T. Varholak on 4/25/2017. Text Only Entry (stvlc2, ) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
73

AMENDED COMPLAINT (Second Amended Complaint) against Darren L. Lish, Rick Raemisch, filed by Billy J. Radan.(Jefferis, Danielle) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
74

Unopposed MOTION for Protective Order by Defendants Darren L. Lish, Rick Raemisch. (Attachments: # 1 Exhibit Exhibit A: Stipulated Proposed Protective Order)(Starnella, Kathryn) (Entered: 04/27/2017)

1 Exhibit Exhibit A: Stipulated Proposed Protective Order

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April 27, 2017

April 27, 2017

PACER
75

MEMORANDUM regarding 74 Unopposed MOTION for Protective Order filed by Darren L. Lish, Rick Raemisch. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 4/27/17. Text Only Entry (msksec, ) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
76

Stipulated Protective Order granting 74 Motion for Protective Order, by Magistrate Judge Scott T. Varholak on 5/1/2017. (morti, ) (Entered: 05/01/2017)

May 1, 2017

May 1, 2017

PACER
77

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Second Amended Complaint by Defendants Darren L. Lish, Rick Raemisch. (Starnella, Kathryn) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
78

Unopposed MOTION to Withdraw Appearances of Former Student Attorneys by Plaintiff Billy J. Radan. (Jefferis, Danielle) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
79

MEMORANDUM regarding 77 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Second Amended Complaint filed by Darren L. Lish, Rick Raemisch. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 5/18/17. Text Only Entry (msksec, ) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
80

MEMORANDUM regarding 78 Unopposed MOTION to Withdraw Appearances of Former Student Attorneys filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 5/18/17. Text Only Entry (msksec, ) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
81

ORDER granting 78 Motion to Withdraw Appearances of Former Student Attorneys, by Magistrate Judge Scott T. Varholak on 5/18/2017. Text Only Entry (stvlc1, ) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
82

ORDER granting 77 Motion for Extension of Time to Answer or Otherwise Respond. Defendants Darren L. Lish and Rick Raemisch shall file their response(s) to Plaintiff's Second Amended Complaint on or before 5/23/2017, by Magistrate Judge Scott T. Varholak on 5/18/2017. Text Only Entry (stvlc1, ) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
83

Defendants' ANSWER to 73 Amended Complaint by Darren L. Lish, Rick Raemisch.(Starnella, Kathryn) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
84

STIPULATION for Extension of Time for Defendants to Respond to Plaintiff's First Set of Interrogatories by Defendants Darren L. Lish, Rick Raemisch. (Starnella, Kathryn) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
85

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 84 Stipulation for Extension of Time filed by attorney Kathryn A. Starnella. Attorney has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures. (Text Only Entry) (agarc, ) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
86

NOTICE of Related Case by Plaintiff Billy J. Radan (Jefferis, Danielle) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
87

Joint MOTION to Consolidate Cases Pursuant to Fed. R. Civ. P. 42(a) by Plaintiff Billy J. Radan. (Jefferis, Danielle) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
88

Joint MOTION to Amend/Correct/Modify 61 Order on Motion to Vacate,, Status Conference,, Set/Reset Deadlines/Hearings, 33 Scheduling Conference,, Set/Reset Deadlines/Hearings, 32 Proposed Scheduling Order by Plaintiff Billy J. Radan. (Jefferis, Danielle) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
89

Unopposed MOTION for Extension of Time to Disclose Rebuttal Expert(s) Pursuant to Fed. R. Civ. P. 26(a)(2)(D)(ii) by Defendants Darren L. Lish, Rick Raemisch. (Starnella, Kathryn) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
90

MEMORANDUM regarding 89 Unopposed MOTION for Extension of Time to Disclose Rebuttal Expert(s) Pursuant to Fed. R. Civ. P. 26(a)(2)(D)(ii) filed by Darren L. Lish, Rick Raemisch, 88 Joint MOTION to Amend/Correct/Modify 61 Order on Motion to Vacate,, Status Conference,, Set/Reset Deadlines/Hearings, 33 Scheduling Conference,, Set/Reset Deadlines/Hearings, 32 Proposed Scheduling Order filed by Billy J. Radan. Motions referred to Magistrate Judge Scott T. Varholak by Chief Judge Marcia S. Krieger on 8/24/17. Text Only Entry (msklc2, ) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
91

ORDER granting 88 Motion to Modify Scheduling Order; granting 89 Motion for Extension of Time to Disclose Rebuttal Experts. The deadline for the disclosure of affirmative experts is extended until 11/13/2017 and the deadline for the disclosure of rebuttal experts is extended until 12/13/2017. The Discovery deadline is extended until 1/12/2018 and the deadline to file Dispositive Motions is extended until 2/12/2018. SO ORDERED, by Magistrate Judge Scott T. Varholak on 8/24/2017. Text Only Entry (stvlc1, ) Modified on 9/12/2017 to correct docket pursuant to Chambers. Please note disclosure. (jgonz, ). (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
92

Unopposed MOTION for Leave to Appear as Student Attorneys by Plaintiff Billy J. Radan. (Attachments: # 1 Proposed Order (PDF Only) Law Student Appearance Form (Kohrs, Olivia), # 2 Proposed Order (PDF Only) Law Student Appearance Form (Valleau, David))(Jefferis, Danielle) (Entered: 08/30/2017)

1 Proposed Order (PDF Only) Law Student Appearance Form (Kohrs, Olivia)

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2 Proposed Order (PDF Only) Law Student Appearance Form (Valleau, David)

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Aug. 30, 2017

Aug. 30, 2017

PACER
93

ORDER granting 87 Motion to Consolidate Cases: The Court has reviewed the dockets and pleadings in both this action and in Radan v. Raemisch, D.C. Colo. Civ. Case No. 17-cv-1503. The Court finds that, as currently postured, both actions involve the same plaintiff, the same remaining defendants, and the same counsel for both sides. The Court further finds that the Complaint in 17-cv-1503 duplicates, in substantial degree, the factual and legal contentions found in this action. Indeed, to the extent that clear destinctions can be made, it would appear that the Complaint in 17-cv-1503 simply adds an 8th Amendent claim -- on that is effectively identical to the existing 8th Amendment claims found in this action -- premised upon the contention that Ms. MoonShadow is not being adequately considered by the Defendants for gender reassignment surgery or facial feminization. In all other meaningful respects, the actions appear to be functionally identical. Accordingly, the Court grants the motion to consolidate the two actions. The Court will deem those portions of the Complaint in 17-cv-1503 that are not already found in the Second Amended Complaint 73 in this action to be incorporated thereto. Having done so, there is no need to continue to maintain a separate action for 17-cv-1503. Accordingly, the Clerk of the Court shall close that case, and all remaining proceedings by Ms. MoonShadow will be maintained in this action. By Chief Judge Marcia S. Krieger on 9/11/17. Text Only Entry (msklc2, ) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
94

ORDER granting 92 Motion for Leave: The Court finds that the requirements of D.C. Colo. L. Att. R. 14 have been met, and that Olivia Kohrs and David Valleau are authorized to enter an appearance on behalf of the Plaintiff, subject to the requirements of Local Attorney Rule 14(a)(2). Text Only Entry (msklc2, ) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
95

STIPULATION for Extension of Time for Plaintiff to Respond to Defendants' First Set of Written Discovery by Plaintiff Billy J. Radan. (Jefferis, Danielle) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
96

MINUTE ORDER Per the request of the parties and in light of 93 Order on Motion to Consolidate Cases, the consolidated case is set for a Scheduling Conference on 9/15/2017 09:30 AM in Courtroom C203 before Magistrate Judge Scott T. Varholak. The parties shall submit a joint proposed Amended Scheduling Order in advance of the Scheduling Conference. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/14/2017. Text Only Entry (stvlc1, ) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
97

Proposed Scheduling Order (Amended) by Plaintiff Billy J. Radan. (Jefferis, Danielle) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
98

MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Scott T. Varholak on 9/15/2017. Discovery due by 1/12/2018. Dispositive Motions due by 2/12/2018. FTR: STV - C203. (morti, ) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
99

SCHEDULING ORDER: by Magistrate Judge Scott T. Varholak on 9/15/17. (morti, ) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
100

Unopposed MOTION for Leave to Depose Incarcerated Plaintiff Pursuant to Fed. R. Civ. P. 30(a)(2)(B) by Defendants Darren L. Lish, Rick Raemisch. (Starnella, Kathryn) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 5, 2016

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A transgender inmate at the Colorado Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

University of Denver Civil Rights Clinic

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Executive Director of the Colorado Department of Corrections, State

Chief of Psychiatry for the Colorado Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2018 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief request withdrawn/mooted

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Conditions of confinement

Gay/lesbian/transgender

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Discrimination-basis:

Gender identity

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run