Case: Gulley-Fernandez v. Johnson

2:15-cv-00795 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: July 1, 2015

Closed Date: Nov. 1, 2018

Clearinghouse coding complete

Case Summary

The plaintiff is a trans woman who filed her complaint pro se on July 1, 2015, in the United States District Court for the Eastern District of Wisconsin. She named as defendants the Warden and Administrative Captain of the prison she was housed in as well as two of the doctors at the facility. The case was assigned to Judge Lynn Adelman. The plaintiff initially only sought damages, but moved for injunctive relief as well during the litigation. The complaint was styled as a class action and list…

The plaintiff is a trans woman who filed her complaint pro se on July 1, 2015, in the United States District Court for the Eastern District of Wisconsin. She named as defendants the Warden and Administrative Captain of the prison she was housed in as well as two of the doctors at the facility. The case was assigned to Judge Lynn Adelman. The plaintiff initially only sought damages, but moved for injunctive relief as well during the litigation. The complaint was styled as a class action and listed the names of three other plaintiffs on it, but throughout the litigation the court treated them as co-plaintiffs rather than as a class. The issue of class certification was never formally ruled on.

She alleged that in denying to diagnose her with Gender Identity Disorder, prison doctors and administration denied her access to medically necessary gender-affirming treatment in violation of the Eighth Amendment (note: Gender Identity Disorder is no longer used to describe transgender people, the term has been replaced in the DSM with Gender Dysphoria). Her complaint outlined her extensive mental health history, including recurrent self harm and suicide attempts. She attributed her pervasive depression in part to gender dysphoria. She argued that she has repeatedly made her gender identity know to medical staff, and by refusing to diagnose and treat her GID, they acted with deliberate indifference to her serious medical need. She also alleged that they had violated the Prison Rape Elimination Act by housing her near inmates who they knew to be a threat to her safety. Finally, she brought state-law claims for medical malpractice and negligence against her psychologist based on allegations that the doctor ignored her requests for treatment or transfer.

Over the course of the litigation, the plaintiff also filed a motion for diagnostic evaluation, a motion to appoint counsel, and a motion for a John Doe criminal investigation. Both parties also filed motions for summary judgment.

On May 25, 2018, Judge Adelman granted the defendants' motion for summary judgment, denied the plaintiff's motion for summary judgment, and dismissed the case. 2018 WL 2389732. Her decision and order also denied the plaintiff's motion for injunctive relief and all other motions. In June of 2018, the plaintiff filed motions to amend and vacate judgment, which were subsequently denied on Nov 1, 2018.

As of May 31, 2020, there is no update.

Summary Authors

Alex Moody (2/18/2020)

Graham Rotenberg (5/31/2020)

Chise Mori (2/5/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5128365/parties/gulley-fernandez-v-johnson/


Judge(s)

Adelman, Lynn S. (Wisconsin)

Attorney for Plaintiff

Gulley-Fernandez, Dominique DeWayne (Wisconsin)

Attorney for Defendant

Actions, Wisconsin Dept (Wisconsin)

Barber, Timothy M (Wisconsin)

Berg, Samuel T (Wisconsin)

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Documents in the Clearinghouse

Document

2:15-cv-00795

Docket

Gulley−Fernandez v. Johnson

July 8, 2019

July 8, 2019

Docket
1

2:15-cv-00795

Civil Class Action Rights Lawsuit

July 1, 2015

July 1, 2015

Complaint
36

2:15-cv-00795

Screening Order

Dec. 1, 2015

Dec. 1, 2015

Order/Opinion

2015 WL 7777997

62

2:15-cv-00795

Comprehensive Amended Civil Rights Amended Complaint

March 31, 2016

March 31, 2016

Complaint
184

2:15-cv-00795

Decision and Order

May 25, 2018

May 25, 2018

Order/Opinion

2018 WL 2389732

190

2:15-cv-00795

Order

Nov. 1, 2018

Nov. 1, 2018

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5128365/gulley-fernandez-v-johnson/

Last updated Feb. 5, 2026, 12:19 p.m.

ECF Number Description Date Link Date / Link
1

Complaint - Prisoner

July 1, 2015

July 1, 2015

Clearinghouse
2

Proceed In Forma Pauperis

July 1, 2015

July 1, 2015

3

Prisoner Trust Fund Account Statement

July 1, 2015

July 1, 2015

4

Letter from Clerk re Consent to Magistrate

July 1, 2015

July 1, 2015

5

Letter (From Court)

July 1, 2015

July 1, 2015

6

Consent to Jurisdiction by US Magistrate Judge

July 6, 2015

July 6, 2015

7

Temporary Restraining Order AND Hearing

July 6, 2015

July 6, 2015

8

Proceed In Forma Pauperis

July 6, 2015

July 6, 2015

9

ORDER signed by Judge Rudolph T. Randa on 7/7/2015. Pursuant to 28 U.S.C. § 1915(b)(4) plaintiff not required to pay initial partial filing fee. Plaintiff to notify the Court by 7/28/2015 if he wishes to voluntarily dismiss to avoid incurring strike; upon expiration of that time the Court will determine whether action can continue in forma pauperis. (cc: all counsel, via mail to Dominique Gulley-Fernandez and Warden at Wisconsin Secure Program Facility)(cb)

July 7, 2015

July 7, 2015

RECAP
10

Letter

July 8, 2015

July 8, 2015

11

Letter

July 8, 2015

July 8, 2015

12

Refusal to Consent to Jurisdiction by US Magistrate Judge

July 9, 2015

July 9, 2015

13

Proceed In Forma Pauperis

July 9, 2015

July 9, 2015

14

Change Venue

July 10, 2015

July 10, 2015

15

Order

July 13, 2015

July 13, 2015

16

Transfer Case AND Hearing AND Waive AND Preliminary Injunction AND Judgment

July 13, 2015

July 13, 2015

17

Hearing AND Temporary Restraining Order

July 22, 2015

July 22, 2015

18

Affidavit

July 22, 2015

July 22, 2015

19

ORDER signed by Judge Rudolph T. Randa on 7/31/2015. Plaintiffs Griffin and Bernard each to submit petition to proceed in forma pauperis and 6-month trust account statement by 8/17/2015; Plaintiff Lindsey to submit 6-month trust account statement by 8/17/2015. Failure to file by stated deadline will result in dismissal from this action. (cc: all counsel, via mail to Warden, Damien Griffin, Carlos Lindsey at Wisconsin Secure Program Facility; Warden, Deandre Bernard at Green Bay Correctional Institution)(cb)

July 31, 2015

July 31, 2015

RECAP

Copy of 19 Order sent via mail to Dominique Gulley−Fernandez at Wisconsin Secure Program Facility (cb)

Aug. 3, 2015

Aug. 3, 2015

Copies Mailed

Aug. 3, 2015

Aug. 3, 2015

20

Temporary Restraining Order AND Hearing

Aug. 6, 2015

Aug. 6, 2015

21

Proceed In Forma Pauperis

Aug. 6, 2015

Aug. 6, 2015

22

Dismiss Party

Aug. 7, 2015

Aug. 7, 2015

23

Prisoner Trust Fund Account Statement

Aug. 12, 2015

Aug. 12, 2015

24

Order Directing Prisoner Payment

Aug. 17, 2015

Aug. 17, 2015

25

~Util - Terminate Party AND Order AND ~Util - Terminate Motions

Aug. 27, 2015

Aug. 27, 2015

26

Prisoner Trust Fund Account Statement

Aug. 27, 2015

Aug. 27, 2015

27

Order Directing Prisoner Payment

Aug. 31, 2015

Aug. 31, 2015

28

Letter

Sept. 9, 2015

Sept. 9, 2015

29

Letter

Sept. 9, 2015

Sept. 9, 2015

30

Letter

Sept. 16, 2015

Sept. 16, 2015

NOTICE of Change of Address as to Damien M Griffin to GBCI per 30 Letter; verified on WI DOC Inmate Locator. (tlf)

Sept. 16, 2015

Sept. 16, 2015

Notice of Change of Address

Sept. 16, 2015

Sept. 16, 2015

31

Letter

Sept. 25, 2015

Sept. 25, 2015

32

Letter

Sept. 25, 2015

Sept. 25, 2015

33

Notice of Change of Address

Oct. 2, 2015

Oct. 2, 2015

34

Request

Oct. 8, 2015

Oct. 8, 2015

35

Letter

Nov. 5, 2015

Nov. 5, 2015

36

ORDER signed by Judge Rudolph T. Randa on 12/1/2015. 2 Gulley-Fernandez's MOTION for Leave to Proceed in forma pauperis GRANTED. 7 20 Griffin's MOTIONS for Injunction Hearing/Temporary Restraining Order DENIED. 8 Griffin's MOTIO N for Leave to Proceed in forma pauperis GRANTED. 13 Lindsey's MOTION for Leave to Proceed in forma pauperis GRANTED. 14 Gulley-Fernandez's MOTION to Change Venue DENIED. 15 Gulley-Fernandez's MOTION for Order Referring Case for Mediation DENIED. 16 Gulley-Fernandez's MOTION for Settlement Conference/Judgment Award of $30,000/Preliminary Injunction/Waiver of Filing Fee/Transfer of Case DENIED. 17 Gulley-Fernandez's MOTION for Temporary Restraining Order/In junction Hearing DENIED. 21 Griffin's MOTION for Leave to Proceed in forma pauperis DENIED as moot. On or before 1/4/2016 plaintiffs to inform Court if they want to proceed jointly in this case. Wis. Dept. of Corrections to collect $350 balance of filing fee from each plaintiff's prison trust account. (cc: all counsel, via mail to plaintiffs(with prisoner complaint form), Wardens Wisconsin Secure Program Facility, Green Bay Correctional Institution)(cb)

Dec. 1, 2015

Dec. 1, 2015

Clearinghouse
37

Extension of Time

Dec. 14, 2015

Dec. 14, 2015

38

Extension of Time

Dec. 29, 2015

Dec. 29, 2015

39

Amended Complaint

Jan. 4, 2016

Jan. 4, 2016

40

Letter

Jan. 19, 2016

Jan. 19, 2016

41

Notice of Dismissal (Party)

Jan. 21, 2016

Jan. 21, 2016

43

ORDER signed by Judge Rudolph T. Randa on 1/29/2016. 37 Gulley-Fernandez's MOTION for Extension of Time to File Amended Complaint DENIED as moot. 38 Griffin's MOTION for Extension of Time DENIED as moot. Plaintiff Carlos D. Lindsey DISM ISSED from case. 39 Amended Complaint is operative complaint in this action. Defendants to file responsive pleading within 60 days. (cc: all counsel, via mail to Dominique Gulley-Fernandez and Carlos Lindsey at Wisconsin Secure Program Facility)(cb)

Jan. 29, 2016

Jan. 29, 2016

RECAP
42

Amended Complaint

Feb. 1, 2016

Feb. 1, 2016

44

Dismiss Party

Feb. 4, 2016

Feb. 4, 2016

45

Letter

Feb. 10, 2016

Feb. 10, 2016

46

Appoint Counsel

Feb. 11, 2016

Feb. 11, 2016

47

Acceptance of Service by DOJ

Feb. 15, 2016

Feb. 15, 2016

48

Notice of Appearance

Feb. 15, 2016

Feb. 15, 2016

49

Consent/Refusal to Jurisdiction by US Magistrate Judge

Feb. 15, 2016

Feb. 15, 2016

50

Miscellaneous Relief

Feb. 17, 2016

Feb. 17, 2016

51

Preliminary Injunction AND Temporary Restraining Order

Feb. 23, 2016

Feb. 23, 2016

52

Certificate

March 8, 2016

March 8, 2016

53

Consolidate Cases

March 10, 2016

March 10, 2016

54

Response to Motion

March 10, 2016

March 10, 2016

55

Miscellaneous Relief AND Consolidate Cases

March 14, 2016

March 14, 2016

56

Order Consolidating Cases signed by Judge Rudolph T. Randa on 3/21/2016. 44 Plaintiff's MOTION to Dismiss Party GRANTED; Defendants Gary Boughton and David Gardner DISMISSED. 46 Plaintiff's MOTION to Appoint Counsel DENIED. 50 Plainti ff's MOTION for Diagnostic Evaluation DENIED. 51 Plaintiff's MOTION for Temporary Restraining Order/Preliminary Injunction DENIED. 53 Defendants' MOTION to Consolidate Cases and 55 Plaintiff's MOTION to Consolidate Cases GRA NTED; Case Nos. 15-C-795 and 15-C-995 CONSOLIDATED; All future filings to be made in 15-C-795. 55 Plaintiff's MOTION to Mediate Cases DENIED without prejudice. Plaintiff to file comprehensive amended complaint by 4/22/2016. (cc: all counsel, via mail to Dominique Gulley Fernandez at Wisconsin Secure Program Facility)(cb)

March 21, 2016

March 21, 2016

RECAP
57

Amended Complaint

March 24, 2016

March 24, 2016

58

Original Document

March 24, 2016

March 24, 2016

59

Declaration

March 24, 2016

March 24, 2016

60

Interrogatories

March 24, 2016

March 24, 2016

61

Answer to Amended Complaint

March 29, 2016

March 29, 2016

62

Amended Complaint

March 31, 2016

March 31, 2016

Clearinghouse
63

Notice of Appearance

April 14, 2016

April 14, 2016

64

Stay

April 14, 2016

April 14, 2016

65

Relief

April 18, 2016

April 18, 2016

66

Miscellaneous Relief

April 18, 2016

April 18, 2016

67

Relief AND Temporary Restraining Order

April 18, 2016

April 18, 2016

68

Exhibit

April 19, 2016

April 19, 2016

69

Interrogatories

April 22, 2016

April 22, 2016

70

Exhibit

April 26, 2016

April 26, 2016

71

ORDER signed by Judge Pamela Pepper for Judge Rudolph T. Randa on 4/29/2016. Defendant Bureau of Health Services, Inc. DISMISSED. Defendants Haines, Dawson, Landers, Van Buren, Morrison, Osborne and Hermans to file responsive pleading within 60 days. Defendants Johnson, Ankarlo, Gardner, Boughton, and Kallas to file responsive pleading within 30 days. (cc: all counsel, via mail to Dominique Gulley-Fernandez at Wisconsin Secure Program Facility)(cb)

April 29, 2016

April 29, 2016

RECAP
72

Letter

May 2, 2016

May 2, 2016

73

Summary Judgment

May 2, 2016

May 2, 2016

74

Strike

May 10, 2016

May 10, 2016

75

Response to Motion

May 10, 2016

May 10, 2016

76

Declaration

May 10, 2016

May 10, 2016

77

Dismiss

May 12, 2016

May 12, 2016

78

Response to Motion

May 16, 2016

May 16, 2016

79

Proposed Document

May 19, 2016

May 19, 2016

80

Proposed Document

May 20, 2016

May 20, 2016

81

Stay AND Strike

May 23, 2016

May 23, 2016

82

Answer to Amended Complaint

May 23, 2016

May 23, 2016

83

Acceptance of Service by DOJ

May 23, 2016

May 23, 2016

84

Transmit Complaint/Notice/Waiver

May 24, 2016

May 24, 2016

85

Acceptance of Service by DOJ

May 26, 2016

May 26, 2016

86

Quash

May 26, 2016

May 26, 2016

87

ORDER signed by Judge Rudolph T. Randa on 6/3/2016. 64 Defendants' MOTION to Stay Discovery Pending Entry of the Court's Screening Order DENIED as moot. 65 Plaintiff's MOTION for Mediation DENIED. 66 Plaintiff's MOTIO N to allow Mail rather than only e-filing documents DENIED. 67 Plaintiff's MOTION for Temporary Restraining Order/MOTION for Injunctive Relief DENIED. 73 Plaintiff's MOTION for Summary Judgment DENIED. 74 Defendants' MOTION to St rike Plaintiff's Motion for Summary Judgment DENIED as moot. 77 Plaintiff's MOTION to Dismiss Lead Case and Proceed with 15-C-995 DENIED without prejudice; if Plaintiff wants to dismiss claims and/or defendants, he should do so wit hin 10 days. 81 Defendants' MOTION to Strike Plaintiff's Proposed Amended Complaint/MOTION to Stay GRANTED; Plaintiff's amended complaints 79 80 STRICKEN. 86 Plaintiff's MOTION to Quash/MOTION to Strike DENIED. (cc: all counsel, via mail to Dominique Gulley-Fernandez at Wisconsin Secure Program Facility)(cb)

June 3, 2016

June 3, 2016

RECAP
88

Preliminary Injunction AND Order

June 7, 2016

June 7, 2016

89

Notice of Appearance

June 7, 2016

June 7, 2016

90

Miscellaneous Relief

June 14, 2016

June 14, 2016

91

ORDER signed by Judge Rudolph T. Randa on 6/20/2016. 88 Plaintiff's MOTION for Scheduling Order GRANTED. 88 Plaintiff's MOTION for Preliminary Injunction DENIED. 90 Plaintiff's MOTION to proceed on his Comprehensive Amended Complaint GRANTED; ECF No. 62 is now operative complaint in this action. (cc: all counsel, via mail to Dominique Gulley-Fernandez at Wisconsin Secure Program Facility)(cb)

June 20, 2016

June 20, 2016

RECAP
92

Scheduling Order

June 20, 2016

June 20, 2016

93

Response (Non-Motion)

June 22, 2016

June 22, 2016

94

Documents Received

June 28, 2016

June 28, 2016

95

Dismiss

June 28, 2016

June 28, 2016

96

Brief in Support of Motion

June 28, 2016

June 28, 2016

Case Details

State / Territory:

Wisconsin

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Mental Health (Facility)

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Transgender Healthcare Access Cases

Key Dates

Filing Date: July 1, 2015

Closing Date: Nov. 1, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A trans woman incarcerated in Wisconsin who has been denied a diagnosis of GID and gender affirming treatment.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Wisconsin Secure Program Facility (Boscobel, Grant), State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Eastern District of Wisconsin 2:15-cv-00795

Eastern District of Wisconsin 2:15-cv-00995

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Damages

Declaratory judgment

Injunction

Relief Granted:

None

Source of Relief:

None

Amount Defendant Pays: 0

Issues

Discrimination Basis:

Gender identity

Jails, Prisons, Detention Centers, and Other Institutions:

Prison Rape Elimination Act

LGBTQ+:

LGBTQ+