Case: Iglesias v. Federal Bureau of Prisons

3:19-CV-00415 | U.S. District Court for the Southern District of Illinois

Filed Date: April 12, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

In this case, a transgender person incarcerated in the Federal Bureau of Prisons sought gender affirming health care and placement in a women's prison. The plaintiff, who was assigned male at birth, filed a pro se complaint in the U.S. District Court for the Southern District of Illinois on April 12, 2019. The case was assigned to District Judge J. Phil Gilbert. In her complaint, she brought numerous legal claims against Bureau of Prisons (BOP) officials centered around the agency's failure to …

In this case, a transgender person incarcerated in the Federal Bureau of Prisons sought gender affirming health care and placement in a women's prison.

The plaintiff, who was assigned male at birth, filed a pro se complaint in the U.S. District Court for the Southern District of Illinois on April 12, 2019. The case was assigned to District Judge J. Phil Gilbert. In her complaint, she brought numerous legal claims against Bureau of Prisons (BOP) officials centered around the agency's failure to provide her with gender affirming surgery and house her in a women's facility. She also noted that over two decades of incarceration in the BOP, she had attempted suicide and reported sexual abuse at hands of other prisoners on numerous occasions. At the time of filing, the plaintiff was incarcerated at USP Marion, however she was transfered to several other facilities throughout the litigation.

After a few months of initial litigation, including unsuccessful motions for a preliminary injunction by the plaintiff and to dismiss by the defendants, in February of 2020, Judge Gilbert issued an order appointing a local attorney to represent the plaintiff. They were later joined by attorneys from the ACLU and a large Chicago law firm. The case was also transferred from Judge Gilbert to District Judge Nancy J. Rosenstengel.

The plaintiff's new legal team filed an amended complaint on September 8, 2020. It asserted three constitutional claims against the BOP: failing to provide necessary medical treatment and failing to protect from harm, in violation of the Eighth Amendment, and denying placement in a women's prison based on biological sex, in violation of the Fifth Amendment's Equal Protection guarantee. The complaint asked for declaratory and injunctive relief, as well as attorneys' fees. The plaintiff later filed a second amended complaint clarifying that she was bringing her claims directly under the constitution and not under Bivens.

In April 2021, the plaintiff moved again for a preliminary injunction, describing both her history of seeking gender affirming health care in the BOP and the immediate danger she faced from other prisoners. The BOP opposed this motion, but within a week filed a notice stating that the BOP had recommended the plaintiff be transfered to a women's facility. A month later, she was moved to FMC Carswell. 

While the preliminary injunction motion was pending, the defendants moved to dismiss the case for reasons including venue, the official capacity of defendants, standing, mootness, and failure to state a claim. Judge Rosenstengel denied the motion completely on October 22, 2021.

After several months of litigation about discovery and experts, Judge Rosenstengel held a hearing on the remaining preliminary injunction claims on November 22, 2021. On December 27, she issued an opinion partially granting the preliminary injunction. She ordered the BOP's Transgender Executive Council (TEC), which must approves major treatment and designation decisions for people in BOP custody, to evaluate the plaintiff's request for gender affirming surgery within the next month. She also required the BOP to transcribe the TEC's meeting, notify the court of its decision and reasoning, and, if the plaintiff's request was granted, take steps to ensure she would receive her surgery promptly. The order was motivated in part by the fact that the plaintiff was nearing the end of her multi-decade prison sentence and could potentially be released before she could receive treatment.

On January 31, 2022, the defendants notified the court that TEC had recommended that the plaintiff consult with a surgeon a month after entering a halfway house. Judge Rosenstengel was not satisfied with this response. In a February 10 order, she complained that the BOP's reasons for denying the plaintiff surgery were "everchanging" and suggested the defendants were hoping to continually delay treatment until was released. Claiming that the defendants had violated the terms of the preliminary injunction, which required the BOP to make a decision on the plaintiff's surgery, she ordered the BOP's attorneys and several staff members to appear for a sanctions hearing. She also ordered the BOP to file weekly updates with the court about its efforts to evaluate the plaintiff for surgery.

The plaintiff filed an additional motion for a preliminary injunction on March 10. In it, she complained that even after the order to show cause, the BOP was not moving quickly enough to ensure she would receive surgery before her release.

Judge Rosenstengel partially granted that motion in an April 18 order. Nothing that the steps taken by the BOP since her December order to evaluate the plaintiff for surgery were inadequate, the court ordered it to provide a timeline for the plaintiff to undergo surgery and recover, identify a surgeon available to perform gender affirming surgery within the remainder of the plaintiffs' sentence, and report regularly to the court on its progress, among other things. It also issued another order to show cause why several of the BOP's attorneys and staff members should not be sanctioned.

The case remains ongoing.

Summary Authors

Jonah Hudson-Erdman (4/20/2022)

Documents in the Clearinghouse

Document
1

3:19-CV-00415

Original Complaint

Iglesias v. Warden

April 12, 2019

April 12, 2019

Complaint
40

3:19-CV-00415

Memorandum and Order

Iglesias v. Connors

Feb. 10, 2020

Feb. 10, 2020

Order/Opinion
52

3:19-CV-00415

Plaintiff's First Amended Complaint

Sept. 8, 2020

Sept. 8, 2020

Complaint
106

3:19-CV-00415

Plaintiff's Second Amended Complaint

April 30, 2021

April 30, 2021

Complaint
160

3:19-CV-00415

Memorandum and Order

2021 WL 4943739

Oct. 22, 2021

Oct. 22, 2021

Order/Opinion
176

3:19-CV-00415

Memorandum and Order

2021 WL 6112790

Dec. 27, 2021

Dec. 27, 2021

Order/Opinion
183

3:19-CV-00415

Notice in Compliance with December 27, 2021 Preliminary Injunction

Iglesias v. Connors

Jan. 31, 2022

Jan. 31, 2022

Pleading / Motion / Brief
187

3:19-CV-00415

Show Cause Order

Feb. 10, 2022

Feb. 10, 2022

Order/Opinion
238

3:19-CV-00415

Memorandum and Order

2022 WL 1136629

April 18, 2022

April 18, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15971880/iglesias-v-true/

Last updated Aug. 12, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filed by Cristian Noel Iglesias.(jaj) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

Clearinghouse
2

MOTION for Service of Process at Government Expense by Cristian Noel Iglesias. (jaj) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
3

NOTICE AND ORDER: The Court has received your Complaint. Your case number is 19-415-JPG. Within 30 days of the entry of this Order, you are ORDERED to submit the $400.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge J. Phil Gilbert on 4/12/2019. (Attachments: # 1 Consent to Magistrate Judge)(jaj) (Entered: 04/12/2019)

April 12, 2019

April 12, 2019

PACER
4

MOTION for Leave to Proceed in forma pauperis by Cristian Noel Iglesias. (jaj) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
5

CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) (Entered: 04/24/2019)

April 24, 2019

April 24, 2019

PACER
6

ORDER : The Court has received your motion to proceed without prepayment of the filing fee. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge J. Phil Gilbert on 4/25/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
7

ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. 4 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 10/1/2018 to 4/12/2019 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Marion United States Penitentiary. (Trust Fund Statement due on or before 6/10/2019). Signed by Judge J. Phil Gilbert on 4/25/2019. (tjk) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
8

Prisoner Trust Fund Account Statement. (jaj) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
9

ORDER Directing Monthly Payments be made from Prison Account of Iglesias, granting 4 MOTION for Leave to Proceed in forma pauperis filed by Christian Noel Iglesias. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff's signed consent form, the Clerk shall mail a copy of this Memorandum and Order and an executed copy of the consent form to the Warden at Marion United States Penitentiary, as well as e-mail a copy of this Memorandum and Order and an executed copy of the consent form to the Trust Fund Management Staff at Marion United States Penitentiary. Signed by Judge J. Phil Gilbert on 5/2/2019. (tjk) (Entered: 05/02/2019)

May 2, 2019

May 2, 2019

PACER
10

Prisoner Trust Fund Account Statement by Cristian Noel Iglesias. (jaj) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
11

NOTICE by Cristian Noel Iglesias regarding correct spelling of name. (jaj) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER
12

Consent Form - IFP Proceedings by Cristian Noel Iglesias. (jaj) (Entered: 05/10/2019)

May 10, 2019

May 10, 2019

PACER

Initial Prisoner Filing Fee: $ 28.50 received, receipt number 34625093338 (cds)

May 29, 2019

May 29, 2019

PACER

Initial Prisoner Filing Fee Received

May 29, 2019

May 29, 2019

PACER
13

MOTION for status by Cristian Noel Iglesias. (jaj) (Entered: 07/16/2019)

July 16, 2019

July 16, 2019

PACER
14

ORDER: Plaintiff's Complaint (Doc. 1 ) survives screening in part. The Clerk of Court is DIRECTED to complete, on Plaintiff's behalf, a summons and form USM-285 for service of process on Defendants IAN CONNORS and DIRECTOR OF THE FEDERAL BUREAU OF PRISONS; the Clerk shall issue the completed summons. The United States Marshal SHALL serve Defendants IAN CONNORS and DIRECTOR OF THEFEDERAL BUREAU OF PRISONS pursuant to Rule 4(e) of the Federal Rules of Civil Procedure. All costs of service shall be advanced by the United States, and the Clerk shall provide all necessary materials and copies to the United States Marshals Service. In addition, pursuant to Federal Rule of Civil Procedure 4(i), the Clerk shall (1) personally deliver to or send by registered or certified mail addressed to the civil-process clerk at the office of the United States Attorney for the Southern District of Illinois a copy of the summons, the complaint, and this Memorandum and Order; and (2) send by registered or certified mail to the Attorney General of the United States at Washington, D.C., a copy of the summons, the Complaint, and this Memorandum and Order. Plaintiff's Motion for Service of Process at Government Expense (Doc. 2 ) is DENIED as moot. Signed by Judge J. Phil Gilbert on 7/25/2019. (bps) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

RECAP
15

Summons Issued as to Ian Connors, Director of the Federal Bureau of Prisons. (tjk) (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
16

SUMMONS Returned Executed as to USAO.(tjk) (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
17

SUMMONS Returned Executed as to Attorney General. (tjk) (Entered: 08/01/2019)

Aug. 1, 2019

Aug. 1, 2019

PACER
18

SUMMONS Returned Executed Ian Connors served on 8/5/2019, answer due 10/4/2019; Director of the Federal Bureau of Prisons served on 8/5/2019, answer due 10/4/2019. (tjk) (Entered: 08/07/2019)

Aug. 7, 2019

Aug. 7, 2019

PACER
19

MOTION for Preliminary Injunction by Cristian Noel Iglesias. (Attachments: # 1 Exhibits A - F, # 2 Exhibits G - end)(jaj) (Entered: 09/10/2019)

1 Exhibits A - F

View on PACER

2 Exhibits G - end

View on PACER

Sept. 10, 2019

Sept. 10, 2019

RECAP
20

NOTICE of Appearance by Laura J. Jones on behalf of Director of the Federal Bureau of Prisons (Jones, Laura) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
21

MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Preliminary Injunction by Director of the Federal Bureau of Prisons. (Jones, Laura) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
22

MOTION to Dismiss and, Alternatively, to Enter Summary Judgment by Director of the Federal Bureau of Prisons. Responses due by 10/28/2019 (Attachments: # 1 Exhibit A - Public Information, # 2 Exhibit B - Declaration of Carolyn Vines Sapla)(Jones, Laura) (Entered: 09/25/2019)

1 Exhibit A - Public Information

View on PACER

2 Exhibit B - Declaration of Carolyn Vines Sapla

View on PACER

Sept. 25, 2019

Sept. 25, 2019

RECAP
23

NOTICE by Director of the Federal Bureau of Prisons Notice to Pro Se Plaintiff of Consequences of Failing to Respond to Defendant's Motion for Summary Judgment (Jones, Laura) (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
24

RESPONSE in Opposition re 21 MOTION for Extension of Time to File Response/Reply as to 19 MOTION for Preliminary Injunction filed by Cristian Noel Iglesias. (jaj) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

RECAP
25

SECOND RESPONSE in Opposition re 22 MOTION to Dismiss and, Alternatively, to Enter Summary Judgment filed by Cristian Noel Iglesias. (jaj) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

RECAP
26

NOTICE of Appearance by Laura K. Smith on behalf of Ian Connors (Smith, Laura) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

PACER
27

MOTION to Dismiss by Ian Connors. Responses due by 11/7/2019 (Smith, Laura) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

RECAP
28

MOTION for Judicial Notice re 24 Response in Opposition to Motion by Cristian Noel Iglesias. (jaj) (Entered: 10/04/2019)

Oct. 4, 2019

Oct. 4, 2019

RECAP
29

RESPONSE in Opposition re 19 MOTION for Preliminary Injunction filed by Director of the Federal Bureau of Prisons. (Jones, Laura) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

RECAP
30

RESPONSE to "Motion by Plaintiff to Dismiss Count 5 of Her Complaint Without Prejudice and Enter a Summary of Judgment in Favor of Defendant Dr. Kathleen Hawk Sawyer as to Count 5 Only" filed by Director of the Federal Bureau of Prisons. (Jones, Laura) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

RECAP
31

RESPONSE in Opposition (Objection) re 27 MOTION to Dismiss filed by Cristian Noel Iglesias. (jaj) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

RECAP
32

MOTION to Appoint Counsel by Cristian Noel Iglesias. (jaj) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

RECAP
33

REPLY to Response to Motion re 19 MOTION for Preliminary Injunction filed by Cristian Noel Iglesias. (jaj) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

RECAP
34

MOTION to Amend Complaint, MOTION for Preliminary Injunction by Cristian Noel Iglesias. (Attachments: # 1 Exhibit)(rah) (Entered: 11/04/2019)

1 Exhibit

View on PACER

Nov. 4, 2019

Nov. 4, 2019

RECAP
35

RESPONSE to Motion re 34 MOTION to Amend/Correct MOTION for Preliminary Injunction filed by Director of the Federal Bureau of Prisons. (Jones, Laura) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

RECAP
36

NOTICE of Change of Address by Cristian Noel Iglesias from USP Marion to FMC Lexington. (jaj) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
37

ORDER: Pursuant to Administrative Order 257, this case has not been selected for potential reassignment to a Magistrate Judge. Accordingly, this case will REMAIN with Judge J. Phil Gilbert. Should the parties elect to consent to have a Magistrate Judge conduct all proceedings in this matter, the Notice and Consent to Proceed Before a Magistrate Judge form shall be filed within 14 days of this Order or before the deadline for filing dispositive motions, whichever is later. Consents filed after this deadline may not be accepted by the District Judge.. Signed by Judge J. Phil Gilbert on 11/26/2019. (Attachments: # 1 Administrative Order)(cds) (Entered: 11/26/2019)

Nov. 26, 2019

Nov. 26, 2019

PACER
38

EMERGENCY MOTION for Temporary Restraining Order by Cristian Noel Iglesias. (jaj) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

RECAP
39

ORDER Denying Emergency Motion for Temporary Restraining Order (Doc. 38 ). Signed by Judge J. Phil Gilbert on 1/7/2020. (bps) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

RECAP
40

ORDER ASSIGNING Attorney Angela M. Povolish for Cristian Noel Iglesias (Attorney Appearance due by 2/20/2020) and DISMISSING Count 5 without prejudice. Plaintiff may file a First Amended Complaint on or before 4/6/2020. ORDER DISMISSING as MOOT 21 Motion for Extension of Time; DISMISSING without prejudice 22 Motion to Dismiss and, Alternatively, to Enter Summary Judgment filed by Director of the Federal Bureau of Prisons and 27 Motion to Dismiss filed by Ian Connors; GRANTING in part and DENYING in part 28 Motion for Judicial Notice; GRANTING 32 Motion to Appoint Counsel; and DENYING without prejudice 19 Motion for Preliminary Injunction and 34 Motion for Amended Preliminary Injunction and Leave to File Amended Complaint filed by Cristian Noel Iglesias. Signed by Judge J. Phil Gilbert on 2/10/2020. (jsy) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

Clearinghouse

Set Deadlines: Amended Pleadings due by 4/6/2020. (rah)

Feb. 11, 2020

Feb. 11, 2020

PACER

Set/Reset Deadlines

Feb. 11, 2020

Feb. 11, 2020

PACER
41

NOTICE of Appearance by Angela M. Povolish on behalf of Cristian Noel Iglesias (Povolish, Angela) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
42

First MOTION for Extension of Time to Amend 1 Complaint by Cristian Noel Iglesias. (Povolish, Angela) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

RECAP
43

ORDER GRANTING 42 First MOTION for Extension of Time to Amend Complaint by Cristian Noel Iglesias. Plaintiff shall have an additional ninety (90) days from April 6, 2020 to file an amended complaint. Accordingly, Plaintiff's First Amended Complaint is due on or before July 6, 2020. Signed by Judge J. Phil Gilbert on 3/31/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

Set/Reset Deadlines: Amended Pleadings due by 7/6/2020. (rah)

April 1, 2020

April 1, 2020

PACER

Set/Reset Deadlines

April 1, 2020

April 1, 2020

PACER
44

MOTION for Exemption of PACER Fees by All Plaintiffs. (Povolish, Angela) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
45

ORDER GRANTING 44 Motion for Exemption of PACER Fees. Signed by Judge J. Phil Gilbert on 4/29/2020. (jsy) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
46

Second MOTION for Extension of Time to Amend 1 Complaint by Cristian Noel Iglesias. (Povolish, Angela) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

RECAP
47

ORDER GRANTING 46 Motion for Extension of Time to File Amended Complaint. Plaintiff's Amended Complaint is now due on or before September 8, 2020. Signed by Judge J. Phil Gilbert on 6/15/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
48

MOTION to Quash Subpoena by Ian Connors, Director of the Federal Bureau of Prisons. (Attachments: # 1 Exhibit Letter from plaintiff's counsel, # 2 Exhibit Subpoena)(Jones, Laura) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
49

MOTION to Quash Second Subpoena by Director of the Federal Bureau of Prisons. (Attachments: # 1 Exhibit Letter from counsel, # 2 Exhibit Original subpoena)(Jones, Laura) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
50

ORDER GRANTING 48 First Motion to Quash Subpoena and 49 Second Motion to Quash Subpoena. Signed by Judge J. Phil Gilbert on 7/17/2020. (jsy) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
51

NOTICE of Appearance by John A. Knight on behalf of Cristian Noel Iglesias (Knight, John) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
52

AMENDED COMPLAINT (FIRST) against Ian Connors, Alix McLearen, Michael Carvajal, Chris Bina, L.J.W. Hollingsworth, Thomas Scarantino, Donald Lewis, Federal Bureau of Prisons, J. Doe, filed by Cristian Noel Iglesias. (Attachments: # 1 Exhibit 1 through 10)(Knight, John) (Entered: 09/08/2020)

1 Exhibit 1 through 10

View on RECAP

Sept. 8, 2020

Sept. 8, 2020

Clearinghouse
53

Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Amended Complaint and to Consolidate Response Deadlines by Ian Connors. (Attachments: # 1 Proposed Order)(Smith, Laura) (Entered: 09/11/2020)

Sept. 11, 2020

Sept. 11, 2020

PACER
54

NOTICE OF MODIFICATION re 53 Motion for Extension of Time to File Answer filed by Ian Connors. Proposed order was attached to the main document. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed order to be deleted in accordance with this Courts practices. Proposed documents need to be e-mailed to the proper judge. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
55

ORDER DENYING without prejudice 53 Consent Motion for Extension of Time to File Answer or Otherwise Respond to Amended Complaint and to Consolidate Response Deadlines by Ian Connors. The Amended Complaint is still subject to screening pursuant to 28 U.S.C. 1915A. No responsive pleading to the Amended Complaint is due at this time. The parties may renew this motion, if necessary, once screening is complete. Signed by Judge J. Phil Gilbert on 9/14/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
56

MOTION to Appear Pro Hac Vice by Attorney Kevin Warner $200 fee paid,receipt number 0754-4284256 by on behalf of Cristian Noel Iglesias. (Warner, Kevin) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
57

MOTION to Appear Pro Hac Vice by Attorney Frank Battaglia $200 fee paid,receipt number 0754-4284273 by on behalf of Cristian Noel Iglesias. (Battaglia, Frank) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
58

MOTION to Appear Pro Hac Vice by Attorney Katherine D. Hundt $200 fee paid,receipt number 0754-4284286 by on behalf of Cristian Noel Iglesias. (Hundt, Katherine) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
59

MOTION to Appear Pro Hac Vice by Attorney Courtney Block $200 fee paid,receipt number 0754-4284292 by on behalf of Cristian Noel Iglesias. (Block, Courtney) (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
60

ORDER granting 56 Motion to Appear Pro Hac Vice by Attorney Kevin Warner; granting 57 Motion to Appear Pro Hac Vice by Attorney Frank Battaglia; granting 58 Motion to Appear Pro Hac Vice by Attorney Katherine D. Hundt; and granting 59 Motion to Appear Pro Hac Vice by Attorney Courtney Block. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/18/2020)

Sept. 18, 2020

Sept. 18, 2020

PACER
61

MOTION to Appear Pro Hac Vice by Attorney Meredith Taylor Brown $200 fee paid,receipt number 0754-4288398 by on behalf of Cristian Noel Iglesias. (Brown, Meredith) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

RECAP
62

Summons Requested. (Battaglia, Frank) (Entered: 09/23/2020)

Sept. 23, 2020

Sept. 23, 2020

PACER
63

Second MOTION to Appear Pro Hac Vice by Attorney Meredith Taylor Brown by on behalf of Cristian Noel Iglesias. (Brown, Meredith) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

RECAP
64

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 61 Motion to Appear Pro Hac Vice filed by Attorney Meredith Taylor Brown. Document is blank. Attorney has re-filed corrected pleading at doc 63. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
65

ORDER granting 63 Motion to Appear Pro Hac Vice by Attorney Meredith Taylor Brown. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
66

Summons Issued as to Alix McLearen. Original document sent to Attorney Frank Battaglia for service. (rah) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

PACER
67

Summons Requested. (Battaglia, Frank) (Entered: 09/24/2020)

Sept. 24, 2020

Sept. 24, 2020

RECAP
68

Pursuant to Administrative Order No. 277, this case is transferred from Judge J. Phil Gilbert and reassigned to Chief Judge Nancy J. Rosenstengel. Unless the newly assigned judge directs otherwise, all deadlines and hearing dates shall remain in effect. All future pleadings shall bear the case number 19-415-NJR. (dkd) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
69

NOTICE FROM CLERK Instructing Connors and Director of Federal Bureau of Prisons to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Connors and Director of Federal Bureau of Prisons on 10/13/2020. Consent due by 11/3/2020 (tjk) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
70

Order for Service of Process upon Michael Carvajal, Chris Bina, Ian Connors, LJW Hollingsworth, Alix McClearen, Thomas Scarantino, and Donald Lewis. BOP is DISMISSED without prejudice. Signed by Chief Judge Nancy J. Rosenstengel on 10/29/2020. (anp) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

RECAP
71

REQUEST FOR WAIVER of Service sent to Defendants Carvajal, Bina, Hollingsworth, Scarantino, Lewis, Connors and McLearen on 11/2/2020. Waiver of Service due by 12/2/2020. (jaj) (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

RECAP
72

Consent MOTION for Extension of Time to File Answer or Move to Dismiss and Consent/Nonconsent to Magistrate Judge by Ian Connors. (Attachments: # 1 Proposed Order)(Smith, Laura) (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
73

ORDER granting 72 Motion for Extension of Time to Answer. Answer to amended complaint as well as return of consent form are due 60 days after service of newly added Defendants to allow for a consolidated response. Signed by Chief Judge Nancy J. Rosenstengel on 11/3/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/03/2020)

Nov. 3, 2020

Nov. 3, 2020

PACER
74

MOTION for Reconsideration re 70 Order for Service of Process - Prisoner by Cristian Noel Iglesias. (Warner, Kevin) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

RECAP
75

NOTICE of Appearance by Joshua Edward Gardner on behalf of Director of the Federal Bureau of Prisons (Gardner, Joshua) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
76

RESPONSE to Motion re 74 MOTION for Reconsideration re 70 Order for Service of Process - Prisoner filed by Director of the Federal Bureau of Prisons. (Gardner, Joshua) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

RECAP
77

RESPONSE to Motion re 74 MOTION for Reconsideration re 70 Order for Service of Process - Prisoner by Defendant Connors in His Personal Capacity filed by Ian Connors. (Smith, Laura) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

RECAP
78

SECOND REQUEST FOR WAIVER of Service sent to Hollingsworth on 11/17/2020. Waiver of Service due by 12/17/2020. (tjk) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
79

WAIVER OF SERVICE Returned Executed Chris Bina waiver sent on 11/2/2020, answer due 1/4/2021; Donald Lewis waiver sent on 11/2/2020, answer due 1/4/2021; Thomas Scarantino waiver sent on 11/2/2020, answer due 1/4/2021. (tjk) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
80

WAIVER OF SERVICE Returned Executed Alix McLearen waiver sent on 11/2/2020, answer due 1/4/2021. (tjk) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
81

MEMORANDUM in Support re 74 MOTION for Reconsideration re 70 Order for Service of Process - Prisoner filed by Cristian Noel Iglesias. (Warner, Kevin) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

RECAP
82

WAIVER OF SERVICE Returned Executed Michael Carvajal waiver sent on 11/2/2020, answer due 1/4/2021. (jaj) (Entered: 11/18/2020)

Nov. 18, 2020

Nov. 18, 2020

PACER
83

Waiver of Service Returned Unexecuted as to Hollingsworth. (tjk) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
84

NOTICE of Change of Address by Frank Battaglia (Battaglia, Frank) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

PACER
85

MOTION for Leave to File Second Amended Complaint by Cristian Noel Iglesias. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Warner, Kevin) (Entered: 02/04/2021)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

Feb. 4, 2021

Feb. 4, 2021

RECAP
86

STRICKEN. MEMORANDUM in Opposition re 85 MOTION for Leave to File Second Amended Complaint filed by All Defendants. (Feldon, Gary) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

RECAP
87

MEMORANDUM in Opposition re 85 MOTION for Leave to File Second Amended Complaint filed by Ian Connors. (Attachments: # 1 Exhibit)(Smith, Laura) (Entered: 02/18/2021)

1 Exhibit

View on PACER

Feb. 18, 2021

Feb. 18, 2021

RECAP
88

NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 86 Memorandum in Opposition to Motion filed by Donald Trump, L.J.W. Hollingsworth, Director of the Federal Bureau of Prisons, John Doe, J. Doe, Chris Bina, Deborah Schult, Federal Bureau of Prisons, Warden True, Donald Lewis, Michael Carvajal, Alix McLearen, Ian Connors, Thomas Scarantino. Login used and signature do not match. Filer will re-file documents.(clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
89

MEMORANDUM in Opposition re 85 MOTION for Leave to File Second Amended Complaint with Conformed Signature filed by All Defendants. (Feldon, Gary) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

RECAP
90

NOTICE of Appearance by Gary Daniel Feldon on behalf of All Defendants (Feldon, Gary) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

PACER
91

NOTICE REGARDING FILING re 90 Notice of Appearance filed by Director of the Federal Bureau of Prisons, J. Doe, Chris Bina, Alix McLearen, Michael Carvajal, Donald Lewis, Ian Connors, Thomas Scarantino. The appearance references "all defendants" but L.J.W. Hollingsworth is not listed on notice. This Notice is sent for informational purposes only. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
92

REPLY to Response to Motion re 85 MOTION for Leave to File Second Amended Complaint filed by Cristian Noel Iglesias. (Warner, Kevin) (Entered: 02/25/2021)

Feb. 25, 2021

Feb. 25, 2021

RECAP
93

MOTION for Preliminary Injunction and Memorandum in Support by Cristian Noel Iglesias. (Attachments: # 1 Declaration of Dr. Randi Ettner, Ph.D., # 2 Declaration of Cristina Nichole Iglesias)(Knight, John) (Entered: 04/06/2021)

1 Declaration of Dr. Randi Ettner, Ph.D.

View on RECAP

2 Declaration of Cristina Nichole Iglesias

View on RECAP

April 6, 2021

April 6, 2021

RECAP
94

ORDER: This action is before the Court for the purpose of docket control. Defendant L. J. W. Hollingsworth has yet to be served. A request for waiver of service was returned unexecuted on 12/17/2020 (Doc. 83 ). IT IS HEREBY ORDERED that Plaintiff SHALL provide a valid service address within 30 days of the date of this order so that process may be served upon Defendant Hollingsworth. Plaintiff is WARNED that her failure to comply with this Order will result in dismissal of Defendant Hollingsworth from this lawsuit. Signed by Chief Judge Nancy J. Rosenstengel on 4/9/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 4/20/2021 (drb). (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 12, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A transgender person incarcerated in the Federal Bureau of Prisons

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Bureau of Prisons (Washington, District of Columbia), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reporting

Issues

General:

Assault/abuse by residents/inmates/students

Classification / placement

Gay/lesbian/transgender

Prison Rape Elimination Act

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Medical/Mental Health:

Medical care, unspecified

Suicide prevention

Type of Facility:

Government-run