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 Administrator of the Division of Adult Institutions, the Director of Bureau of Offender Classification and Movement, and Warden and Administrative Captain of the prison she was housed in (the Wisconsin Secure Program Facility (WSPF)) as well as two of the psychologists at the facility. The case was assigned to Judge Lynn Adelman. In the original complaint, the plaintiff, with three other co-plaintiffs, sought damages for inadequate mental health care/treatment and a preliminary injunction to be transferred from WSPF. They also sought a class action lawsuit, but on December 1, 2015, the court denied their request for class certification, holding that they did not identify a class of litigants they seek to represent.
The co-plaintiffs were dismissed from the case on August 7, 2015, January 21, 2016, and January 29, 2016, respectively.
In the original complaint, the plaintiff alleged that in denying to diagnose her with Gender Identity Disorder (GID), 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 known 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 and co-plaintiffs filed miscellaneous motions. On December 1, 2015, the court ordered the followings, among others:
- Denied (i) a request for a preliminary injunction and (ii) motions for injunctive relief filed by the plaintiff on July 21, 2015 and by a co-plaintiff on July 6, 2015 and August 6, 2015, stating that their complaints were still allegations and they had not demonstrated an adequate likelihood of success on the merits of their claims;
- Denied a motion to transfer venue, for settlement conference, for judicial award of $30,000, and to waive the initial partial filing fee, all of which were filed on July 10, 2015 by the plaintiff on behalf of all plaintiffs, stating that, as a pro se litigant, the plaintiff cannot represent other plaintiffs; and
- Denied a motion for mediation filed by the plaintiff on July 13, 2015, stating that mediation was premature. 2015 WL 7777994.
On January 4, 2016, the pro se plaintiff, without co-plaintiffs, filed an amended complaint. The plaintiff was proceeding on the Eighth Amendment claims that the defendants have failed to treat her gender identity disorder and mental health issues at the WSPF.
Thereafter the plaintiff filed several motions, and the defendants filed a motion to consolidate this case with her other case Gulley-Fernandez v. Johnson, Case No. 2:15-cv-995 (E.D. Wis.). On March 21, 2016, the court ordered the followings:
- Granted the plaintiff’s motion to dismiss two defendants, i.e., Warden and Administrative Captain of WSPF, filed on February 4, 2016;
- Denied the plaintiff’s motion to appoint counsel filed on February 11, 2016, stating that her filings throughout this case had been very good and thus she may proceed on her own at this stage;
- Denied the plaintiff’s motion for diagnostic evaluation by medical expert filed on February 16, 2016;
- Denied the plaintiff’s motion for temporary restraining order and/or preliminary injunction filed on February 22, 2016;
- Granted the defendants’ motion to consolidate cases filed on March 10, 2016 and the plaintiff’s motion to consolidate cases filed on March 14, 2016, considering the plaintiff raised the same claims against overlapping defendants; and
- Denied the plaintiff's motion to mediate cases filed on March 14, 2016 without prejudice. 2016 WL 1169470.
On March 31, 2016, the plaintiff filed a comprehensive amended complaint against the defendants. In conjunction with this, the parties filed several motions, and the court ordered as follows on June 3, 2016, among others:
- Denied the plaintiff’s motion for mediation filed on April 18, 2016, because both parties did not express an interest in mediation;
- Denied the plaintiff’s motion for injunctive relief filed on April 18, 2016, stating that the plaintiff failed to demonstrate irreparable harm;
- Denied the plaintiff’s motion for summary judgment filed on May 2, 2016, because the motion fell far short of what is required for a summary judgment motion;
- Denied the plaintiff’s motion to dismiss consolidated Case No. 2:15-cv-795 (this case) and proceed with Case No. 2:15-cv-995 filed on May 12, 2016, stating that the meaning of this motion was unclear because two cases were identical. 2016 WL 3149714.
This case was reassigned to Magistrate Judge David E Jones, and soon reassigned to Judge Lynn Adelman. Until the final order in 2018, the plaintiff filed several motions for temporary restraining order, injunctive relief, summary judgment, a diagnostic evaluation by a medical expert, and to appoint counsel, but all of which were denied. Several defendants were dismissed from the case on September 1, 2016 and on December 6, 2017, respectively.
On May 25, 2018, the court granted the defendants' motion for summary judgment filed on November 28, 2017 regarding the Eighth Amendment claims, denied the plaintiff's motion for summary judgment filed on December 15, 2017, and dismissed the case, finding that the defendants had not acted deliberately indifferent to her condition. 2018 WL 2389732. The court 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 November 1, 2018.
There have been no proceedings thereafter. The case was closed.
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/
Adelman, Lynn S. (Wisconsin)
Gulley-Fernandez, Dominique DeWayne (Wisconsin)
Actions, Wisconsin Dept (Wisconsin)
Barber, Timothy M (Wisconsin)
Berg, Samuel T (Wisconsin)
Documents in the Clearinghouse
Docket
See docket on RECAP: https://www.courtlistener.com/docket/5128365/gulley-fernandez-v-johnson/
Last updated Feb. 5, 2026, 12:19 p.m.
Docket for: Gulley-Fernandez v. Johnson
Case Details
State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Public Benefits/Government Services
Special Collection(s):
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):
Public Interest Lawyer: No
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Denied
Defendants
State
Wisconsin Secure Program Facility
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Other Dockets:
Eastern District of Wisconsin 2:15-cv-00795
Eastern District of Wisconsin 2:15-cv-00995
Available Documents:
Outcome
Prevailing Party: Defendant
Relief Sought:
Relief Granted:
Source of Relief:
Amount Defendant Pays: 0
Issues
Discrimination Basis:
Jails, Prisons, Detention Centers, and Other Institutions:
LGBTQ+:
Case Summary of Gulley-Fernandez v. Johnson, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/17384/ (last updated 2/5/2026).