Case: Doe v. Massachusetts Department of Corrections

1:17-cv-12255 | U.S. District Court for the District of Massachusetts

Filed Date: Nov. 15, 2017

Closed Date: July 8, 2019

Clearinghouse coding complete

Case Summary

The plaintiff in this case is a trans woman who was housed in a men's prison in Massachusetts for a nonviolent drug possession charge. Because of her gender presentation and identity, she faced degrading sexual harassment from both staff and other prisoners. She was forced to use communal showers and bathrooms without locks, and was subject to strip searches conducted by male staff in front of other prisoners. The living conditions and repeated sexual harassment during her time there prompted h…

The plaintiff in this case is a trans woman who was housed in a men's prison in Massachusetts for a nonviolent drug possession charge. Because of her gender presentation and identity, she faced degrading sexual harassment from both staff and other prisoners. She was forced to use communal showers and bathrooms without locks, and was subject to strip searches conducted by male staff in front of other prisoners. The living conditions and repeated sexual harassment during her time there prompted her to file suit in the District Court for the District of Massachusetts on November 15, 2017. She alleged that the conditions she faced in the prison amount to a violation of the Americans with Disabilities Act, the Rehabilitation Act, the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment to the United States Constitution, as well as several state constitution claims.

The named defendants are the Massachusetts Department of Correction, Commissioner of the DOC, superintendent of the prison, ADA coordinator responsible for the facility, and Assistant Deputy Commissioner of Clinical Services responsible for the provision of health services to all DOC prisoners. GLAD is representing the plaintiff and the case has been assigned to Judge Richard G. Stearns.

The plaintiff sought injunctive relief. Specifically, she asked that the DOC be required to transfer her to a women's facility, require and train all staff to use the correct name and pronouns for her, treat her as they would any cisgender woman in custody, make accommodations to assure she will not be harassed by male staff or other prisoners, and provide her access to gender-appropriate medical care. She also requested attorneys fees. On March 5, 2018, Judge Stearns issued a partial preliminary injunction instructing the defendants to do the following: require that female rather than male staff conduct strip searches of the plaintiff whenever feasible, continue to house the plaintiff in a single cell and allow her separate time to shower, and to the extent that it is reasonable, provide a staff member to ensure that other inmates do not enter the shower area while the plaintiff is showering.

In September 2018, the DOC voluntarily transferred the plaintiff to a women's facility and in April 2019 she was released. Soon after, Judge Stearns dismissed the case as moot. Finally, on July 8, 2019, the court awarded the plaintiff $46,297.50 in attorneys fees and $11,740.94 in litigation expenses.

Summary Authors

Alex Moody (2/11/2020)

Lauren Yu (9/27/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6293076/parties/doe-v-massachusetts-department-of-correction/


Judge(s)

Stearns, Richard Gaylore (Massachusetts)

Attorneys(s) for Plaintiff

Carney, Tiffiney F. (District of Columbia)

Downs, J. Anthony (Massachusetts)

Klein, Bennett H. (Massachusetts)

Levi, Jennifer (Massachusetts)

Lobel, Louis L. (Massachusetts)

Matos, Elizabeth D. (Massachusetts)

Moore, Ashley (Massachusetts)

Thompson, Joel (Massachusetts)

Attorneys(s) for Defendant

McFarland, Richard C. (Massachusetts)

Judge(s)

Stearns, Richard Gaylore (Massachusetts)

Attorneys(s) for Plaintiff

Carney, Tiffiney F. (District of Columbia)

Downs, J. Anthony (Massachusetts)

Klein, Bennett H. (Massachusetts)

Levi, Jennifer (Massachusetts)

Lobel, Louis L. (Massachusetts)

Matos, Elizabeth D. (Massachusetts)

Moore, Ashley (Massachusetts)

Thompson, Joel (Massachusetts)

Attorneys(s) for Defendant

McFarland, Richard C. (Massachusetts)

Staples, Jennifer M. (Massachusetts)

Other Attorney(s)

Barry, Kevin (Connecticut)

Daniels, Joshua M. (Massachusetts)

Documents in the Clearinghouse

Document

1:17-cv-12255

Docket

July 8, 2019

July 8, 2019

Docket
1

1:17-cv-12255

Complaint

Nov. 15, 2017

Nov. 15, 2017

Complaint
59

1:17-cv-12255

Memorandum and Order

2018 WL 1156227

March 5, 2018

March 5, 2018

Order/Opinion
129

1:17-cv-12255

Memorandum and Order on Plaintiff's Motion for Attorneys' Fees and Expenses

July 8, 2019

July 8, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6293076/doe-v-massachusetts-department-of-correction/

Last updated Aug. 10, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Stephanie Collins, James M. O'Gara, Jr, Sean Medeiros, Massachusetts Department of Correction, Thomas A. Turco, III Filing fee: $ 400, receipt number 0101-6887170 (Fee Status: Filing Fee paid), filed by Jane Doe. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Category Form)(Downs, J.) (Additional attachment(s) added on 11/20/2017: # 3 Sealed Version of Complaint) (Caruso, Stephanie). (Entered: 11/15/2017)

1 Civil Cover Sheet

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2 Civil Category Form

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Nov. 15, 2017

Nov. 15, 2017

RECAP
2

MOTION to Proceed Under Pseudonym and for Protective Order by Jane Doe.(Downs, J.) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
3

MEMORANDUM in Support re 2 MOTION to Proceed Under Pseudonym and for Protective Order filed by Jane Doe. (Downs, J.) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
4

NOTICE of Appearance by Louis L. Lobel on behalf of Jane Doe (Lobel, Louis) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

RECAP
5

NOTICE of Appearance by Ashley Moore on behalf of Jane Doe (Moore, Ashley) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
6

NOTICE of Appearance by Jennifer L. Levi on behalf of Jane Doe (Levi, Jennifer) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

RECAP
7

NOTICE of Appearance by Bennett H. Klein on behalf of Jane Doe (Klein, Bennett) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
8

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (McDonagh, Christina) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
9

Summons Issued as to Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
10

NOTICE of Appearance by Elizabeth D. Matos on behalf of Jane Doe (Matos, Elizabeth) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
11

NOTICE of Appearance by Joel H. Thompson on behalf of Jane Doe (Thompson, Joel) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
12

MOTION for Leave to Appear Pro Hac Vice for admission of Tiffiney F. Carney Filing fee: $ 100, receipt number 0101-6887999 by Jane Doe. (Attachments: # 1 Exhibit A)(Downs, J.) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
13

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 2 MOTION to Proceed Under Pseudonym and for Protective OrderPlaintiff's Counsel is instructed to file proposed protective order. (Caruso, Stephanie) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
14

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 12 Motion for Leave to Appear Pro Hac Vice Added Tiffiney F. Carney. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Caruso, Stephanie) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
15

Proposed Document(s) submitted by Jane Doe. Document received: [Proposed] Order Re: Plaintiff's Motion to Proceed Under Pseudonym and for Protective Order. (Downs, J.) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
16

Judge Richard G. Stearns: ORDER entered. PROTECTIVE ORDER(Caruso, Stephanie) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
17

MOTION for Leave to File Under Seal by Jane Doe. (Attachments: # 1 Text of Proposed Order)(Downs, J.) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
18

Judge Richard G. Stearns: ENDORSED ORDER entered granting 17 MOTION for Leave to File Under Seal (Caruso, Stephanie) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
19

NOTICE of Appearance by Richard C. McFarland on behalf of Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III (McFarland, Richard) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
20

SUMMONS Returned Executed Massachusetts Department of Correction served on 11/21/2017, answer due 12/12/2017. (Downs, J.) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
21

SUMMONS Returned Executed Stephanie Collins served on 11/20/2017, answer due 12/11/2017. (Downs, J.) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
22

SUMMONS Returned Executed Sean Medeiros served on 11/20/2017, answer due 12/11/2017. (Downs, J.) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
23

SUMMONS Returned Executed James M. O'Gara, Jr served on 11/20/2017, answer due 12/11/2017. (Downs, J.) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
24

SUMMONS Returned Executed Thomas A. Turco, III served on 11/20/2017, answer due 12/11/2017. (Downs, J.) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
25

MOTION for Extension of Time to January 5, 2018 to File Answer by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(McFarland, Richard) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER
26

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 25 Motion for Extension of Time to Answer for all defendants. Defendants must file their Answer, or otherwise respond to the Complaint, no later than 1/5/2018. (Zierk, Marsha) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
27

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(McFarland, Richard) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

RECAP
28

MEMORANDUM in Support re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III. (McFarland, Richard) (Entered: 01/05/2018)

Jan. 5, 2018

Jan. 5, 2018

RECAP
29

Assented to MOTION for Extension of Time to Respond to the Defendants' Motion to Dismiss by Jane Doe.(Downs, J.) (Entered: 01/08/2018)

Jan. 8, 2018

Jan. 8, 2018

PACER
30

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 29 Motion for Extension of Time until 2/2/2018, to file an Opposition to the Motion to Dismiss. (Zierk, Marsha) (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

PACER
31

MOTION for Leave to File Excess Pages (Unopposed) by Jane Doe.(Downs, J.) (Entered: 02/01/2018)

Feb. 1, 2018

Feb. 1, 2018

RECAP
32

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 31 Motion for Leave to File Excess Pages - Opposition to Motion to Dismiss not to exceed 23 pages, Motion in Support of Preliminary Injunction not to exceed 33 pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, int2) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
33

Opposition re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jane Doe. (Downs, J.) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

RECAP
34

MOTION for Preliminary Injunction by Jane Doe.(Downs, J.) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

RECAP
35

MEMORANDUM in Support re 34 MOTION for Preliminary Injunction filed by Jane Doe. (Attachments: # 1 Affidavit of James Aiken, # 2 Affidavit of Randi Ettner, Ph.D., # 3 Affidavit of Jane Doe)(Downs, J.) (Entered: 02/02/2018)

1 Affidavit of James Aiken

View on RECAP

2 Affidavit of Randi Ettner, Ph.D.

View on RECAP

3 Affidavit of Jane Doe

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Feb. 2, 2018

Feb. 2, 2018

RECAP
36

NOTICE by Jane Doe re 33 Opposition to Motion, 35 Memorandum in Support of Motion (Notice of Constitutional Question) (Downs, J.) (Entered: 02/02/2018)

Feb. 2, 2018

Feb. 2, 2018

PACER
37

Judge Richard G. Stearns: ELECTRONIC ORDER entered. ORDER Setting Hearing on Motion 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 34 MOTION for Preliminary Injunction : Motion Hearing set for 2/28/2018 02:30 PM in Courtroom 21 before Judge Richard G. Stearns.(RGS, law2) (Entered: 02/05/2018)

Feb. 5, 2018

Feb. 5, 2018

PACER
38

MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Preliminary Injunction by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(McFarland, Richard) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
39

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 38 Motion for Extension of Time to File Response/Reply (RGS, law2) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
40

Assented to MOTION for Writ of Habeas Corpus ad testificandum by Jane Doe. (Attachments: # 1 Text of Proposed Order)(Downs, J.) (Entered: 02/16/2018)

1 Text of Proposed Order

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Feb. 16, 2018

Feb. 16, 2018

RECAP
41

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 40 Motion for Writ of Habeas Corpus ad testificandum (Maynard, Timothy) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
42

Writ of Habeas Corpus ad Testificandum Issued as to Jane Doe for February 28, 2018. (Maynard, Timothy) (Entered: 02/16/2018)

Feb. 16, 2018

Feb. 16, 2018

PACER
43

Assented to MOTION for Leave to File Excess Pages by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(McFarland, Richard) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
44

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 43 Motion for Leave to File Excess Pages. (RGS, law2) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
45

Opposition re 34 MOTION for Preliminary Injunction filed by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Affidavit, # 4 Exhibit, # 5 Exhibit)(McFarland, Richard) (Entered: 02/21/2018)

1 Affidavit

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2 Exhibit

View on PACER

3 Affidavit

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4 Exhibit

View on PACER

5 Exhibit

View on PACER

Feb. 21, 2018

Feb. 21, 2018

PACER
46

Assented to MOTION for Leave to File Reply in Support of her Motion for Preliminary Injunction and Assented-to Motion for Leave to File Affidavit (Ex. A) Under Seal by Jane Doe. (Attachments: # 1 Proposed Reply)(Downs, J.) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
47

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 46 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law2) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
48

REPLY to Response to 34 MOTION for Preliminary Injunction filed by Jane Doe. (Attachments: # 1 Exhibit A (Filed Under Seal))(Downs, J.) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
50

MOTION for Leave to Appear Pro Hac Vice for admission of Kevin M. Barry Filing fee: $ 100, receipt number 0101-7026320 by National Center for Transgender Equality, Massachusetts Transgender Political Coalition, Disability Rights Education and Defense Fund, Bazelon Center for Mental Health Law. (Attachments: # 1 Exhibit A - Certification of Kevin M. Barry)(Daniels, Joshua) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
51

NOTICE of Appearance by Joshua M. Daniels on behalf of Bazelon Center for Mental Health Law, Disability Rights Education and Defense Fund, Massachusetts Transgender Political Coalition, National Center for Transgender Equality (Daniels, Joshua) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
52

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 50 Motion for Leave to Appear Pro Hac Vice. Added Kevin M. Barry. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
53

NOTICE of Appearance by Joshua M. Daniels on behalf of Bazelon Center for Mental Health Law, Disability Rights Education and Defense Fund, Massachusetts Transgender Political Coalition, National Center for Transgender Equality, Health Law Advocates, Inc. (Daniels, Joshua) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
54

MOTION for Leave to File Brief of Amici Curiae in Support of Plaintiff's Motion for Preliminary Injunction and in Opposition to Defendants' Motion to Dismiss by Bazelon Center for Mental Health Law, Disability Rights Education and Defense Fund, Health Law Advocates, Inc., Massachusetts Transgender Political Coalition, National Center for Transgender Equality. (Attachments: # 1 Exhibit Brief and Appendices of Amici Curiae in Support of Plaintiff's Motion for Preliminary Injunction and in Opposition to Defendants' Motion to Dismiss)(Daniels, Joshua) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
55

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 54 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law2) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
56

AMICUS BRIEF filed by Bazelon Center for Mental Health Law, Disability Rights Education and Defense Fund, Health Law Advocates, Inc., Massachusetts Transgender Political Coalition, National Center for Transgender Equality in Support of Plaintiff's Motion for Preliminary Injunction and in Opposition to Defendants' Motion to Dismiss (Leave Granted 2/27/2018). (Daniels, Joshua) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
57

Judge Richard G. Stearns: ORDER Entered Certifying Constitutional Question to the Attorney General of the United States Pursuant to Fed. R. Civ. P. 5.1(b) and 28 U.S.C. ยง 2403.(RGS, law2) (Entered: 02/28/2018)

Feb. 28, 2018

Feb. 28, 2018

RECAP
58

Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 3/1/2018 re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Sean Medeiros, James M. O'Gara, Jr., Stephanie Collins, Thomas A. Turco, III, Massachusetts Department of Correction, 34 MOTION for Preliminary Injunction filed by Jane Doe. Case called. The Court hears argument from the parties. After hearing the matter was taken UNDER ADVISEMENT. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Matos, Downs, Klein, Levi for the plaintiff; McFarland for the defendant) (Maynard, Timothy) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
59

Judge Richard G. Stearns: ORDER entered reserving ruling on 27 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 34 Motion for Preliminary Injunction (RGS, law2) (Entered: 03/05/2018)

March 5, 2018

March 5, 2018

RECAP
60

Notice of Supplemental Authorities re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 34 MOTION for Preliminary Injunction [in Support of Jane Doe's Opposition to Defendants' Motion to Dismiss (ECF No. 33) and Memorandum of Law in Support of Doe's Motion for Preliminary Injunction (ECF No. 35)] (Attachments: # 1 Exhibit A)(Downs, J.) (Entered: 03/08/2018)

March 8, 2018

March 8, 2018

PACER
61

Return receipt received for mail sent to US Attorneys Office (Boston) & Attorney General, DOJ (Washington, DC). (D. 57 mailed) (Maynard, Timothy) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
62

MOTION for Clarification re 59 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion for Preliminary Injunction by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III. (Attachments: # 1 Exhibit)(McFarland, Richard) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
63

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 62 Motion for Clarification. The court accepts the DOC's procedure regarding strip searching as a good faith interpretation and application of the court's order. The court also finds that the DOC's proposal that Doe's shower time be scheduled at a time that other inmates are in lock down is an acceptable alternative to paragraph 3 of the order. (RGS, int2) (Entered: 03/16/2018)

March 16, 2018

March 16, 2018

PACER
64

MOTION for Reconsideration of Order on Defendants' Motion for Clarification by Jane Doe.(Downs, J.) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
65

Second AFFIDAVIT in Support re 66 MOTION for Reconsideration of Order on Defendants' Motion for Clarification of Randi Ettner, PH.D. filed by Jane Doe. (Downs, J.) Modified on 3/21/2018 to change docket entry relationship to corrected motion, dkt. 66 (Pacho, Arnold). (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

RECAP
66

MOTION for Reconsideration (Plaintiff Jane Doe's CORRECTED Motion for Reconsideration of Order on Defendants' Motion for Clarification) by Jane Doe.(Downs, J.) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
67

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 66 Motion for Reconsideration. The Motion for Reconsideration is DENIED without prejudice. The court remains of the preference, as it indicated in its Order of March 5, 2018, Dkt # 59, that Doe be strip-searched by all female guards whenever feasible. However, as it noted in that same order, the court is cognizant of the fact that the staffing situation at the DOC facility in question and the relevant collective bargaining agreements in place may not allow for this in all situations. The plaintiff's present arguments on the subject of strip searches are best made when the court moves to an adjudication on the merits, following the closing of the window of the Attorney General's right to intervene, per the court's Order of February 28, 2018, Dkt # 57. (RGS, law2) (Entered: 03/22/2018)

March 22, 2018

March 22, 2018

PACER
68

NOTICE of Change of Address or Firm Name by J. Anthony Downs as to GLBTQ Legal Advocates & Defenders (Downs, J.) (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

PACER
69

MOTION for Extension of Time to June 29, 2018 to Intervene by UNITED STATES OF AMERICA.(Motgi, Anjali) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
70

Opposition re 69 MOTION for Extension of Time to June 29, 2018 to Intervene filed by Jane Doe. (Downs, J.) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
71

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 69 Motion for Extension of Time. Recognizing that the United States has been confronted with similar issues as those presented by this case, including in the two cases cited by Doe on page 3 of her Opposition, see Dkt # 70, the court, in its discretion pursuant to Fed. R. Civ. P. 5.1(c), hereby grants the United States an additional thirty (30) days, up to and including May 30, 2018. No further extensions will be granted. (RGS, law2) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
72

Transcript of Hearing on Motions held on February 28, 2018, before Judge Richard G. Stearns. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: James Gibbons at jmsgibbons@yahoo.com Redaction Request due 5/11/2018. Redacted Transcript Deadline set for 5/21/2018. Release of Transcript Restriction set for 7/19/2018. (Scalfani, Deborah) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
73

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
74

MOTION to Intervene and MOTION for Leave to Proceed in forma pauperis filed by Candace S. Africa. (Attachments: # 1 Motion to Proceed in Forma Pauperis, # 2 Exhibits) (Pacho, Arnold) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
75

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 74 Motion to Intervene; finding as moot 74 Motion for Leave to Proceed in forma pauperis. Intervenor Candace S. Africas Motion to Intervene is DENIED and the Motion to Proceed In Forma Pauperis (IFP) is dismissed as MOOT. The court, having reviewed Africa's motion, is of the view that her claims do not meet the requirements for permissive joinder under Federal Rule of Civil Procedure 24(b)(1)(B). As counsel for Jane Doe apparently informed Africa, her claims are dissimilar in some key respects from those of Doe -- including allegations of different statutory violations not at issue in Doe's case -- and can only be pursued as a separate court action. (RGS, law2) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
76

MOTION for Reconsideration of D. 75 Electronic Order denying 74 Motion to Intervene by Candace S. Africa. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Pacho, Arnold) Modified docket text on 5/25/2018 (Pacho, Arnold). (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
77

NOTICE by UNITED STATES OF AMERICA of Non-Intervention (Motgi, Anjali) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
78

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 76 Motion for Reconsideration. Intervenor Candace S. Africa does not meet the requirements for intervention as of right under Federal Rule of Civil Procedure 24 because no statute confers an unconditional right to intervene in this lawsuit and the outcome of Doe's suit will not "impair or impede," Fed. R. Civ. P. 24(a), Africa's ability to protect her own interests. She also does not meet the requirements for permissive joinder, for the reasons the court spelled out in its previous order, Dkt #75. Any claims that Africa has must be pursued in the form of a separate lawsuit. (RGS, law2) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
79

Judge Richard G. Stearns: ORDER entered denying 27 Motion to Dismiss for Failure to State a Claim (RGS, law2) (Entered: 06/14/2018)

June 14, 2018

June 14, 2018

RECAP
80

Assented to MOTION for Leave to File Exhibits Attached to Plaintiff's Renewed Motion for Preliminary Injunction Under Seal by Jane Doe.(Downs, J.) (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
81

MOTION for Preliminary Injunction and Report of Parties' June 28, 2018 Meet & Confer (Renewed) by Jane Doe. (Attachments: # 1 Exhibit 1 - Filed Under Seal, # 2 Exhibit 2 - Filed Under Seal, # 3 Exhibit 3 - Filed Under Seal, # 4 Exhibit 4 - Filed Under Seal, # 5 Exhibit 5 - Filed Under Seal, # 6 Exhibit 6 - Filed Under Seal)(Downs, J.) Modified on 7/16/2018 to seal attachments per Order, dkt. 82. (Pacho, Arnold). (Entered: 07/13/2018)

July 13, 2018

July 13, 2018

PACER
82

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 80 Assented to Motion for Leave to File Exhibits Attached to Plaintiff's Renewed Motion for Preliminary Injunction Under Seal. (Pacho, Arnold) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
83

NOTICE of Appearance by Jennifer M. Staples on behalf of Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III (Staples, Jennifer) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

PACER
84

Joint MOTION for Extension of Time to 08/08/2018 to File Response/Reply as to 81 MOTION for Preliminary Injunction and Report of Parties' June 28, 2018 Meet & Confer (Renewed) by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(Staples, Jennifer) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
85

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 84 Motion for Extension of Time to File Response/Reply (RGS, law2) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
86

Joint MOTION for Extension of Time to August 24, 2018 to File Response/Reply as to 81 MOTION for Preliminary Injunction and Report of Parties' June 28, 2018 Meet & Confer (Renewed) by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(Staples, Jennifer) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
87

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 86 Motion for Extension of Time to File Response/Reply up to and including August 24, 2018. (RGS, law2) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
88

MOTION to Withdraw as Attorney by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(Staples, Jennifer) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
89

Joint MOTION for Extension of Time to File Response/Reply as to 81 MOTION for Preliminary Injunction and Report of Parties' June 28, 2018 Meet & Confer (Renewed) by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(Staples, Jennifer) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
90

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 89 Joint Motion for Extension of Time for defendants to file Response/Reply to Jane Doe's renewed motion for preliminary injunction. Responses due by 9/7/2018. (Zierk, Marsha) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
91

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 88 Motion to Withdraw as Attorney. Attorney Richard C. McFarland terminated. (Pacho, Arnold) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
92

Joint MOTION for Extension of Time to September 28, 2018 to File Response/Reply as to 81 MOTION for Preliminary Injunction and Report of Parties' June 28, 2018 Meet & Confer (Renewed) by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(Staples, Jennifer) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
93

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 92 Motion for Extension of Time to File Response to Dkt. #81 Motion for Preliminary Injunction. (Zierk, Marsha) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
94

Joint MOTION for Extension of Time to October 23, 2018 to File Response/Reply by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(Staples, Jennifer) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
95

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 94 Motion for Extension of Time to File Response/Reply re 81 MOTION for Preliminary Injunction and Report of Parties' June 28, 2018 Meet & Confer (Renewed) Responses due by 10/23/2018 (Tang, Danni) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
96

Joint MOTION for Extension of Time to November 27, 2018 to File Response/Reply as to 81 MOTION for Preliminary Injunction and Report of Parties' June 28, 2018 Meet & Confer (Renewed) by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(Staples, Jennifer) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
97

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 96 Motion for Extension of Time until November 27, 2018 to file a response to plaintiff's Renewed Motion for Preliminary Injunction (RGS, law1) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
98

NOTICE of Withdrawal of Appearance by Joel H. Thompson (Thompson, Joel) (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
99

MOTION for Extension of Time to January 4, 2019 to File Response/Reply as to 81 MOTION for Preliminary Injunction and Report of Parties' June 28, 2018 Meet & Confer (Renewed) by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(Staples, Jennifer) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
100

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 99 Motion for Extension until January 4, 2019 to File a Response to Plaintiff's Renewed Motion for Preliminary Injunction. (RGS, law1) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
101

Joint MOTION for Extension of Time to 2/12/2019 to File Response/Reply as to 81 MOTION for Preliminary Injunction and Report of Parties' June 28, 2018 Meet & Confer (Renewed) by Stephanie Collins, Massachusetts Department of Correction, Sean Medeiros, James M. O'Gara, Jr, Thomas A. Turco, III.(Staples, Jennifer) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 15, 2017

Closing Date: July 8, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A transgender woman housed in a men's prison.

Attorney Organizations:

Prisoners' Legal Services of Massachusetts

GLAD (GLBTQ Legal Advocates & Defenders)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Massachusetts Department of Correction, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 58,038.44

Content of Injunction:

Preliminary relief granted

Training

Issues

General:

Classification / placement

Gay/lesbian/transgender

Sex w/ staff; sexual harassment by staff

Staff (number, training, qualifications, wages)

Strip search policy

Discrimination-basis:

Gender identity