Case: Hinton v. District of Columbia

1:21-cv-01295 | U.S. District Court for the District of District of Columbia

Filed Date: May 11, 2021

Closed Date: June 23, 2022

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Case Summary

This is a class action lawsuit about transgender individuals in District of Columbia Department of Corrections (DOC) custody being assigned housing based solely on anatomy, instead of based on vulnerability and safety needs. On May 11, 2021, the plaintiff filed this lawsuit in the U.S. District Court for the District of Columbia on behalf of herself and a class of similarly situated transgender individuals who currently reside in a DOC housing unit that does not accord with their gender identity, or who will be detained in a DOC facility in the future. The plaintiff sued the District of Columbia under 42 U.S.C. § 1983, the District of Columbia Human Rights Act. The plaintiff alleged violations of the Fifth Amendment's Equal Protection and Due Process Clauses. The plaintiff alleged that DOC’s policy violated transgender individuals’ rights by discriminating on the basis of gender identity and sex and by exposing transgender individuals to heightened risk of sexual violence. Represented by the American Civil Liberties Union Foundation of the District of Columbia and the Public Defender Service for the District of Columbia, the plaintiff sought class action certification, a temporary restraining order, declaratory judgment, a preliminary injunction, and costs. The case was assigned to Judge John D. Bates.

On August 10, 2021, the plaintiff filed an amended complaint to outline coercive tactics employed by DOC when the plaintiff first filed the original complaint. These tactics included attempts to pressure multiple transgender women into signing statements stating they wished to be housed with men, when in reality, these transgender women wanted to be housed with women. The amended complaint also outlined the DOC's new transgender housing policy, which DOC adopted on June 17, 2021. The new policy removed the presumptive use of anatomy in making housing assignments, but it imposed a new discriminatory measure by placing all transgender individuals admitted to the jail in protective custody during an intake period that could last a week or more. Individuals in protective custody at intake are treated more restrictively and punitively than other individuals on the intake unit, even those who have been charged with violent offenses.

On September 30, 2021, Judge Bates held that all claims against the old policy were moot and must be dismissed. Judge Bates also held that, relatedly, current transgender inmates housed
inconsistent with their gender identity lacked any viable connection with the remaining claims in this
case, and as such, could not be included in the class definition. Because current transgender inmates could not be included, the class failed to satisfy the numerosity requirement, and so class certification was denied without prejudice. Meanwhile, the plaintiff could seek precertification discovery to augment the record for a renewed motion. However, in the interim, absent a viable class, the plaintiff's motion for a preliminary injunction was denied. 567 F.Supp.3d 30.

On December 29, 2021, Judge Bates granted the parties' joint motion to stay the litigation and ordered the parties to submit a joint status report by January 26, 2022, updating the Court on the progress of settlement negotiations and advising the Court whether it was necessary to extend the stay. The parties submitted three such joint status reports, and reached a settlement agreement on March 23, 2022. The settlement agreement provided that:

DOC shall eliminate the use of restraints during the internal movement of all protective custody inmates who are not in any other category of restrictive housing.
DOC shall make sure that inmates covered by the Transgender Housing Policy are promptly housed according to their gender housing preference expressed at intake.
DOC shall clarify that the federal Prison Rape Elimination Act of 2003 evaluation that transgender inmates receive is an individualized determination about whether their safety requires them to remain in protective custody; if it does not, they should be returned to the general intake population in either a men’s or women’s unit according to their expressed gender housing preference.
DOC will post its Transgender Housing Policy, as revised pursuant to this Agreement, and any subsequent changes to the policy, on its public website.
For three months after the agreement is reached, DOC will disclose certain information and data about new transgender inmates to the plaintiff's counsel.

On March 28, 2022, the case was left open, because DOC had to disclose data for the next several months.

As of June 23, 2022, however, the case was dismissed with prejudice and closed, per the terms of the settlement agreement.

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Summary Authors

Michelle Wolk (3/28/2022)

Nina Charap (3/16/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59896414/parties/hinton-v-district-of-columbia/

Judge(s)

Bates, John D. (District of Columbia)

Attorney for Plaintiff

Marcus, Steven D. (District of Columbia)

Michelman, Scott (District of Columbia)

Attorney for Defendant

Disney, Pamela A. (District of Columbia)

Heath, Brendan Russell (District of Columbia)

Judge(s)

Bates, John D. (District of Columbia)

Attorney for Plaintiff

Marcus, Steven D. (District of Columbia)

Michelman, Scott (District of Columbia)

Perloff, Michael Krevans (District of Columbia)

Spitzer, Arthur B. (District of Columbia)

Yan, Megan (District of Columbia)

Attorney for Defendant

Disney, Pamela A. (District of Columbia)

Heath, Brendan Russell (District of Columbia)

Saindon, Andrew J. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:21-cv-01295	Class Action Complaint for Declaratory and Injunctive Relief	May 11, 2021	May 11, 2021 Complaint
32 1:21-cv-01295	Amended Class Action Complaint for Declaratory and Injunctive Relief	Aug. 10, 2021	Aug. 10, 2021 Complaint
40 1:21-cv-01295	Memorandum Opinion	Sept. 30, 2021	Sept. 30, 2021 Order/Opinion 567 F.Supp.3d 30
1:21-cv-01295	Settlement Agreement and Release	March 23, 2022	March 23, 2022 Settlement Agreement
54 1:21-cv-01295	Stipulation of Dismissal	June 23, 2022	June 23, 2022 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59896414/hinton-v-district-of-columbia/

Last updated Nov. 4, 2025, 1:17 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against DISTRICT OF COLUMBIA ( Filing fee $ 402 receipt number ADCDC-8440959) filed by SUNDAY HINTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Michelman, Scott) (Entered: 05/11/2021) 1 Civil Cover Sheet View on RECAP 2 Summons View on RECAP 3 Summons View on PACER	May 11, 2021	May 11, 2021 Clearinghouse
10	NOTICE of Appearance by Steven D. Marcus on behalf of SUNDAY HINTON (Marcus, Steven) (Entered: 05/11/2021)	May 11, 2021	May 11, 2021
11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 5/11/2021. ( Answer due for ALL D.C. DEFENDANTS by 6/1/2021.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 05/11/2021. (Michelman, Scott) (Entered: 05/11/2021)	May 11, 2021	May 11, 2021 RECAP
2	NOTICE of Appearance by Michael Krevans Perloff on behalf of All Plaintiffs (Perloff, Michael) (Entered: 05/11/2021)	May 11, 2021	May 11, 2021
3	MOTION for Temporary Restraining Order by SUNDAY HINTON. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Service & Certificate of Counsel, LCvR 65.1, # 4 Declaration of T Chen, # 5 Declaration of D Golden, # 6 Declaration of Dr. Kupers, # 7 Declaration of D. Pond, # 8 Declaration of S. Hinton, # 9 Exhibit A to Hinton Dec, # 10 Declaration of R. Cicurel, # 11 Exhibit A to Cicurel Dec, # 12 Exhibit B to Cicurel Dec, # 13 Exhibit C to Cicurel Dec, # 14 Exhibit D to Cicurel Dec, # 15 Exhibit E to Cicurel Dec)(Michelman, Scott) (Entered: 05/11/2021)	May 11, 2021	May 11, 2021
4	MOTION for Preliminary Injunction by SUNDAY HINTON. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Declaration of T Chen, # 4 Declaration of D Golden, # 5 Declaration of Dr Kupers, # 6 Declaration of D Pond, # 7 Declaration of S Hinton, # 8 Exhibit A to Hinton Dec, # 9 Declaration of R Cicurel, # 10 Exhibit A to Cicurel Dec, # 11 Exhibit B to Cicurel Dec, # 12 Exhibit C to Cicurel Dec, # 13 Exhibit D to Cicurel Dec, # 14 Exhibit E to Cicurel Dec)(Michelman, Scott) (Entered: 05/11/2021)	May 11, 2021	May 11, 2021
5	Emergency MOTION to Expedite SHORTEN DEFENDANTS TIME TO RESPOND TO PLAINTIFFS APPLICATION FOR A TEMPORARY RESTRAINING ORDER re 3 MOTION for Temporary Restraining Order by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) Modified event on 5/12/2021 (znmw). (Entered: 05/11/2021)	May 11, 2021	May 11, 2021
6	NOTICE of Appearance by Arthur B. Spitzer on behalf of SUNDAY HINTON (Spitzer, Arthur) (Entered: 05/11/2021)	May 11, 2021	May 11, 2021
7	MOTION for Class Certification and Appointment of Class Counsel by SUNDAY HINTON. (Attachments: # 1 Declaration of S Marcus, # 2 Declaration S Michelman, # 3 Text of Proposed Order)(Michelman, Scott) Modified on 5/11/2021 to enhance docket text (znmg). Added MOTION to Appoint Lead Counsel on 5/12/2021 (znmw). (Entered: 05/11/2021) 1 Declaration of S Marcus View on PACER 2 Declaration S Michelman View on PACER 3 Text of Proposed Order View on PACER	May 11, 2021	May 11, 2021 RECAP
8	CERTIFICATE OF SERVICE by SUNDAY HINTON re 4 MOTION for Preliminary Injunction and all accompanying papers. (Michelman, Scott) (Entered: 05/11/2021)	May 11, 2021	May 11, 2021
9	SUMMONS (2) Issued Electronically as to DISTRICT OF COLUMBIA, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachment: # 1 Notice and Consent)(znmg) (Entered: 05/11/2021) 1 Notice and Consent View on RECAP	May 11, 2021	May 11, 2021 RECAP
	Case Assigned to Judge John D. Bates. (znmg)	May 11, 2021	May 11, 2021
	MINUTE ORDER: Upon consideration of 5 plaintiff's emergency motion to shorten defendant's time to respond, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that defendant's response shall be filed by not later than May 12, 2021, at 11:59 PM, and plaintiff's reply shall be filed by not later than May 13, 2021, at 4:00 PM. SO ORDERED. Signed by Judge John D. Bates on 5/11/2021. (lcjdb1)	May 11, 2021	May 11, 2021
	Case Assigned/Reassigned	May 11, 2021	May 11, 2021
	Order on Motion for Miscellaneous Relief	May 11, 2021	May 11, 2021
12	NOTICE of Appearance by Pamela A. Disney on behalf of DISTRICT OF COLUMBIA (Disney, Pamela) (Entered: 05/12/2021)	May 12, 2021	May 12, 2021
13	NOTICE of Appearance by Brendan Russell Heath on behalf of DISTRICT OF COLUMBIA (Heath, Brendan) (Entered: 05/12/2021)	May 12, 2021	May 12, 2021
14	Memorandum in opposition to re 3 MOTION for Temporary Restraining Order filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 05/12/2021) 1 Exhibit Exhibit A View on PACER 2 Text of Proposed Order View on PACER	May 12, 2021	May 12, 2021 RECAP
	Set/Reset Deadlines: Response due by 5/12/2021. Reply due by 5/13/2021. (tb)	May 12, 2021	May 12, 2021
	Set/Reset Deadlines	May 12, 2021	May 12, 2021
15	REPLY to opposition to motion re 3 MOTION for Temporary Restraining Order filed by SUNDAY HINTON. (Attachments: # 1 Declaration Supp. of S. Hinton, # 2 Declaration Supp. R. Cicurel)(Michelman, Scott) (Entered: 05/13/2021) 1 Declaration Supp. of S. Hinton View on PACER 2 Declaration Supp. R. Cicurel View on PACER	May 13, 2021	May 13, 2021
16	NOTICE of Filing of Second Supp Decl. by SUNDAY HINTON re 15 Reply to opposition to Motion (Attachments: # 1 Declaration Second Supp. Decl. of S. Hinton)(Michelman, Scott) (Entered: 05/13/2021)	May 13, 2021	May 13, 2021
	MINUTE ORDER: It is hereby ORDERED that a telephonic status conference is SCHEDULED for May 14, 2021, at 11:45 AM. SO ORDERED. Signed by Judge John D. Bates on 5/13/2021. (lcjdb1)	May 13, 2021	May 13, 2021
	Set/Reset Hearings: Status Conference set for 5/14/2021 at 11:45 AM in Telephonic/VTC before Judge John D. Bates. (tb)	May 13, 2021	May 13, 2021
	.Order	May 13, 2021	May 13, 2021
	Set/Reset Hearings	May 13, 2021	May 13, 2021
17	NOTICE of Appearance by Andrew J. Saindon on behalf of DISTRICT OF COLUMBIA (Saindon, Andrew) (Entered: 05/14/2021)	May 14, 2021	May 14, 2021
	Minute Entry: Telephone Conference held on 5/14/2021 before Judge John D. Bates: Hearing continued. Telephone Conference set for 5/18/2021 at 12:00 PM in Telephonic/VTC before Judge John D. Bates. Order forthcoming. (Court Reporter Bryan Wayne) (tb)	May 14, 2021	May 14, 2021
	~Util - Set/Reset Hearings AND Telephone Conference	May 14, 2021	May 14, 2021
	MINUTE ORDER: Upon consideration of the parties' proposed briefing schedule, and the entire record herein, it is hereby ORDERED that the telephone conference scheduled for May 18 is CANCELED; it is further ORDERED that defendant's deadline for answering or otherwise responding to 1 plaintiff's complaint is STAYED until further order of this Court; and it is further ORDERED that the following schedule shall govern further briefing on 4 plaintiff's motion for preliminary injunction and 7 plaintiff's motion for class certification: plaintiff shall file a supplement to her motion for preliminary injunction by not later than June 1, 2021; defendant shall file its responses to plaintiff's motions for preliminary injunction and class certification by not later than June 15, 2021; and plaintiff shall file her replies thereto by not later than June 22, 2021. SO ORDERED. Signed by Judge John D. Bates on May 17, 2021. (lcjdb1)	May 17, 2021	May 17, 2021
	Set/Reset Deadlines: Plaintiff's supplemental motion due by 6/1/2021. Response due by 6/15/2021 Reply due by 6/22/2021. (tb)	May 18, 2021	May 18, 2021
	.Order	May 18, 2021	May 18, 2021
	Set/Reset Deadlines	May 18, 2021	May 18, 2021
18	NOTICE by DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit A: Release Order)(Heath, Brendan) (Entered: 05/27/2021)	May 27, 2021	May 27, 2021
19	SUPPLEMENTAL MEMORANDUM to re 4 MOTION for Preliminary Injunction, 7 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order Revised Preliminary Injunction, # 2 Declaration of A Richardson, # 3 Declaration of Q Judkins, # 4 Declaration of B Burrell, # 5 Declaration of C Phillips, # 6 Declaration of J Watkins, # 7 Declaration of L Moorman, # 8 Declaration of M Hines, # 9 Declaration of R Tucker, # 10 Declaration of S Robinson, # 11 Declaration of S Hinton (Third Supp.), # 12 Declaration of R Cicurel (Second Supp.), # 13 Exhibit A to Second Supp Cicurel Decl, # 14 Exhibit B to Second Supp Cicurel Decl)(Michelman, Scott) (Entered: 06/01/2021) 1 Text of Proposed Order Revised Preliminary Injunction View on PACER 2 Declaration of A Richardson View on PACER 3 Declaration of Q Judkins View on PACER 4 Declaration of B Burrell View on PACER 5 Declaration of C Phillips View on PACER 6 Declaration of J Watkins View on RECAP 7 Declaration of L Moorman View on PACER 8 Declaration of M Hines View on PACER 9 Declaration of R Tucker View on PACER 10 Declaration of S Robinson View on PACER 11 Declaration of S Hinton (Third Supp.) View on PACER 12 Declaration of R Cicurel (Second Supp.) View on PACER 13 Exhibit A to Second Supp Cicurel Decl View on PACER 14 Exhibit B to Second Supp Cicurel Decl View on PACER	June 1, 2021	June 1, 2021
20	NOTICE of Appearance- Pro Bono by Megan Yan on behalf of SUNDAY HINTON (Attachments: # 1 Local Rule 83.2(g) certificate)(Yan, Megan) (Entered: 06/02/2021)	June 2, 2021	June 2, 2021
21	Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Preliminary Injunction, 7 MOTION to Certify Class MOTION to Appoint Lead Counsel by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 06/09/2021) 1 Memorandum in Support View on PACER 2 Text of Proposed Order View on PACER	June 9, 2021	June 9, 2021
	MINUTE ORDER: Upon consideration of 21 the consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that defendant shall file responses to 4 plaintiff's motion for preliminary injunction and 7 plaintiff's motion for class certification by not later than June 18, 2021, and plaintiff shall file her replies thereto by not later than June 25, 2021. SO ORDERED. Signed by Judge John D. Bates on 6/9/2021. (lcjdb1)	June 9, 2021	June 9, 2021
	Set/Reset Deadlines: Defendant's responses due by 6/18/2021. Plaintiff's replies due by 6/25/2021. (tb)	June 10, 2021	June 10, 2021
	Order on Motion for Extension of Time to File Response/Reply	June 10, 2021	June 10, 2021
	Set/Reset Deadlines	June 10, 2021	June 10, 2021
22	Memorandum in opposition to re 4 MOTION for Preliminary Injunction filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit A - Previous Policy, # 2 Exhibit B - Policy, # 3 Exhibit C - Akinboyewa Decl., # 4 Text of Proposed Order)(Disney, Pamela) (Entered: 06/18/2021)	June 18, 2021	June 18, 2021
23	Memorandum in opposition to re 7 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Disney, Pamela) (Entered: 06/18/2021)	June 18, 2021	June 18, 2021
24	Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Preliminary Injunction, 7 MOTION to Certify Class MOTION to Appoint Lead Counsel by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 06/22/2021)	June 22, 2021	June 22, 2021
	MINUTE ORDER: Upon consideration of 24 the consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that plaintiff's replies in support of her motion for summary judgment and motion for class certification shall be filed by not later than July 9, 2021. SO ORDERED. Signed by Judge John D. Bates on 6/22/2021. (lcjdb1)	June 22, 2021	June 22, 2021
	Set/Reset Deadlines: Replies due by 7/9/2021. (tb)	June 22, 2021	June 22, 2021
	.Order	June 22, 2021	June 22, 2021
	Set/Reset Deadlines	June 22, 2021	June 22, 2021
25	Consent MOTION for Extension of Time to File Response/Reply as to 4 MOTION for Preliminary Injunction, 7 MOTION to Certify Class MOTION to Appoint Lead Counsel by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 07/02/2021)	July 2, 2021	July 2, 2021
	MINUTE ORDER: Upon consideration of 25 the consent motion for extension of time, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that plaintiff's replies in support of her motion for summary judgment and motion for class certification shall be filed by not later than July 16, 2021. SO ORDERED. Signed by Judge John D. Bates on 7/2/2021. (lcjdb1)	July 2, 2021	July 2, 2021
	Order on Motion for Extension of Time to File Response/Reply	July 2, 2021	July 2, 2021
	Set/Reset Deadlines: Reply to motion for summary judgment and reply to motion for class certification due by 7/16/2021. (tb)	July 4, 2021	July 4, 2021
	Set/Reset Deadlines	July 4, 2021	July 4, 2021
26	REPLY to opposition to motion re 4 MOTION for Preliminary Injunction, 7 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order (Second Revised), # 2 Declaration Supp. Moorman, # 3 Declaration Supp. Phillips, # 4 Declaration Supp. Watkins)(Michelman, Scott) (Entered: 07/16/2021) 1 Text of Proposed Order (Second Revised) View on PACER 2 Declaration Supp. Moorman View on PACER 3 Declaration Supp. Phillips View on PACER 4 Declaration Supp. Watkins View on PACER	July 16, 2021	July 16, 2021 RECAP
	MINUTE ORDER: Upon consideration of 26 plaintiff's reply, and the entire record herein, it is hereby ORDERED that defendant shall file any surreply by not later than July 27, 2021. SO ORDERED. Signed by Judge John D. Bates on 7/21/2021. (lcjdb1)	July 21, 2021	July 21, 2021
	.Order	July 21, 2021	July 21, 2021
	Set/Reset Deadlines: Surreply due by 7/27/2021. (tb)	July 22, 2021	July 22, 2021
27	SURREPLY to re 26 Reply to opposition to Motion, filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit A: Landerkin Declaration)(Heath, Brendan) (Entered: 07/27/2021) 1 Exhibit A: Landerkin Declaration View on PACER	July 27, 2021	July 27, 2021
28	MOTION for Leave to File Supplemental Declaration in support of Preliminary Injunction & Class Certification by SUNDAY HINTON. (Attachments: # 1 Declaration of S. Marcus, # 2 Text of Proposed Order)(Michelman, Scott) (Entered: 08/03/2021)	Aug. 3, 2021	Aug. 3, 2021
29	ORDER. See text of Order for details. Signed by Judge John D. Bates on 8/3/2021. (lcjdb1) (Entered: 08/03/2021)	Aug. 3, 2021	Aug. 3, 2021 RECAP
30	Consent MOTION to Continue Reschedule Hearing re 29 Order on Motion for Leave to File by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) Modified event on 8/5/2021 (znmw). (Entered: 08/04/2021)	Aug. 4, 2021	Aug. 4, 2021
31	ORDER. See text of Order for details. Signed by Judge John D. Bates on 8/5/2021. (lcjdb1) (Entered: 08/05/2021)	Aug. 5, 2021	Aug. 5, 2021
	MINUTE ORDER: Upon consideration of 30 plaintiffs consent motion to reschedule hearing, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that the hearing set for August 19, 2021 is RESCHEDULED for August 24, 2021, at 4:00 PM. SO ORDERED. Signed by Judge John D. Bates on 8/5/2021. (lcjdb1)	Aug. 5, 2021	Aug. 5, 2021
	Set/Reset Hearings: Status Conference reset for 8/24/2021 at 04:00 PM in Telephonic/VTC before Judge John D. Bates. (tb)	Aug. 5, 2021	Aug. 5, 2021
	Order on Motion to Continue	Aug. 5, 2021	Aug. 5, 2021
	Set/Reset Hearings	Aug. 5, 2021	Aug. 5, 2021
	ENTERED IN ERROR.....Set/Reset Hearings: Motion Hearing set for 8/19/2021 at 10:30 AM in Telephonic/VTC before Judge John D. Bates. Set/Reset Deadlines:(Amended Pleadings due by 8/20/2021). (tb) Modified on 8/11/2021 (jth).	Aug. 6, 2021	Aug. 6, 2021
	Set/Reset Deadlines: Response to questions in Order 31 due by 8/17/2021. (tb)	Aug. 6, 2021	Aug. 6, 2021
	Set/Reset Deadlines AND Set/Reset Hearings	Aug. 6, 2021	Aug. 6, 2021
	Set/Reset Deadlines	Aug. 6, 2021	Aug. 6, 2021
32	AMENDED COMPLAINT against DISTRICT OF COLUMBIA filed by SUNDAY HINTON.(Michelman, Scott) (Entered: 08/10/2021)	Aug. 10, 2021	Aug. 10, 2021 Clearinghouse
	NOTICE OF CORRECTED DOCKET ENTRY: The 8/6/2021 Set/Reset Hearings, Set/Reset Deadlines was entered in error by the Court and counsel are instructed to disregard the reset of deadlines and hearings notice. (zjth)	Aug. 11, 2021	Aug. 11, 2021
	Notice of Corrected Docket Entry	Aug. 11, 2021	Aug. 11, 2021
33	NOTICE OF WITHDRAWAL OF APPEARANCE as to SUNDAY HINTON. Attorney Megan Yan terminated. (Yan, Megan) (Entered: 08/13/2021)	Aug. 13, 2021	Aug. 13, 2021
34	RESPONSE TO ORDER OF THE COURT re 31 Order filed by DISTRICT OF COLUMBIA. (Disney, Pamela) (Entered: 08/17/2021)	Aug. 17, 2021	Aug. 17, 2021 RECAP
35	RESPONSE TO ORDER OF THE COURT re 31 Order -- Response to the Court's Questions -- filed by SUNDAY HINTON. (Spitzer, Arthur) (Entered: 08/17/2021)	Aug. 17, 2021	Aug. 17, 2021
	Minute Entry: Motion Hearing held on 8/24/2021 before Judge John D. Bates: re 4 MOTION for Preliminary Injunction filed by SUNDAY HINTON and 7 MOTION to Certify Class MOTION to Appoint Lead Counsel filed by SUNDAY HINTON; motions heard and taken under advisement. (Court Reporter Bryan Wayne) (tb)	Aug. 24, 2021	Aug. 24, 2021
	Motion Hearing	Aug. 25, 2021	Aug. 25, 2021
36	MOTION for Leave to File Supplemental Declaration in support of Preliminary Injunction & Class Certification by SUNDAY HINTON. (Attachments: # 1 Declaration Second Supp. Decl. of C. Phillips, # 2 Text of Proposed Order)(Michelman, Scott) (Entered: 08/30/2021)	Aug. 30, 2021	Aug. 30, 2021
	MINUTE ORDER: Upon consideration of 36 plaintiff's leave to file supplemental declaration, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that defendant shall file any factual materials in response by not later than September 7, 2021. SO ORDERED. Signed by Judge John D. Bates on 8/30/2021. (lcjdb1)	Aug. 30, 2021	Aug. 30, 2021
	Set/Reset Deadlines: Factual material response due by 9/7/2021. (tb)	Aug. 30, 2021	Aug. 30, 2021
	Order on Motion for Leave to File	Aug. 30, 2021	Aug. 30, 2021
	Set/Reset Deadlines	Aug. 30, 2021	Aug. 30, 2021
37	RESPONSE TO ORDER OF THE COURT re Order on Motion for Leave to File, filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Declaration C Reid, # 2 Declaration K Brooks, # 3 Exhibit Ex. A Inmate request slip, # 4 Exhibit Ex. B Inmate request slip)(Saindon, Andrew) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021
	MINUTE ORDER: Upon consideration of 37 defendant's response to the Court, and the entire record herein, it is hereby ORDERED that defendant shall submit a Notice briefly describing the outcome of Courtney Phillips's THC hearing by not later than September 10, 2021. SO ORDERED. Signed by Judge John D. Bates on 9/8/2021. (lcjdb1)	Sept. 8, 2021	Sept. 8, 2021
	.Order	Sept. 8, 2021	Sept. 8, 2021
38	RESPONSE TO ORDER OF THE COURT re Order, filed by DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit 1)(Disney, Pamela) (Entered: 09/10/2021)	Sept. 10, 2021	Sept. 10, 2021
	Set/Reset Deadlines: Notice due by 9/10/2021. (tb)	Sept. 10, 2021	Sept. 10, 2021
	Set/Reset Deadlines	Sept. 10, 2021	Sept. 10, 2021
39	ORDER denying 4 plaintiff's motion for preliminary injunction and denying without prejudice 7 plaintiff's motion for class certification. Signed by Judge John D. Bates on 9/30/2021. (lcjdb1) (Entered: 09/30/2021)	Sept. 30, 2021	Sept. 30, 2021
40	MEMORANDUM OPINION. Signed by Judge John D. Bates on 9/30/2021. (lcjdb1) (Entered: 09/30/2021)	Sept. 30, 2021	Sept. 30, 2021 Clearinghouse
	Set/Reset Deadlines: Proposed Briefing Schedule due by 10/14/2021. (tb)	Oct. 4, 2021	Oct. 4, 2021
	Set/Reset Deadlines	Oct. 4, 2021	Oct. 4, 2021
41	Consent MOTION for Extension of Time to File Joint Scheduling Proposal by SUNDAY HINTON. (Attachments: # 1 Text of Proposed Order)(Michelman, Scott) (Entered: 10/12/2021)	Oct. 12, 2021	Oct. 12, 2021
	MINUTE ORDER: Upon consideration of 41 plaintiff's consent motion for an extension of time to submit a joint briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall submit a joint proposed schedule by not later than November 15, 2021. SO ORDERED. Signed by Judge John D. Bates on 10/12/2021. (lcjdb1)	Oct. 12, 2021	Oct. 12, 2021
	Order on Motion for Extension of Time to File	Oct. 12, 2021	Oct. 12, 2021
	Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 11/15/2021. (tb)	Oct. 18, 2021	Oct. 18, 2021
	Set/Reset Deadlines	Oct. 18, 2021	Oct. 18, 2021
42	Consent MOTION for Extension of Time to File Joint Proposed Briefing Schedule by DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Saindon, Andrew) (Entered: 11/12/2021)	Nov. 12, 2021	Nov. 12, 2021
	MINUTE ORDER: Upon consideration of 42 defendant's consent motion for an extension of time to submit a joint briefing schedule, and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that the parties shall submit a joint proposed schedule by not later than December 15, 2021. SO ORDERED. Signed by Judge John D. Bates on 11/12/21 (lcjdb1)	Nov. 12, 2021	Nov. 12, 2021

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: May 11, 2021

Closing Date: June 23, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff sought class certification on behalf of herself and a class of similarly situated transgender individuals who currently reside in a DOC housing unit that does not accord with their gender identity, or who will be detained in a DOC facility in the future.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

District of Columbia (District of Columbia), City

Defendant Type(s):

Jurisdiction-wide