Case: Williams v. Kincaid

1:20-cv-01397 | U.S. District Court for the Eastern District of Virginia

Filed Date: Nov. 16, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is an Americans with Disabilities Act (ADA) and Equal Protections case brought in 2020 by a transgender woman incarcerated in the Fairfax County Adult Detention Center (FCADC). On November 16, 2020, she filed a complaint against the sheriff, deputy, and medical professionals employed by FCADC in the U.S. District Court for the Eastern District of Virginia, and her case was assigned to Judge Claude M. Hilton. In her complaint, plaintiff alleged that FCADC and its employees denied her the me…

This is an Americans with Disabilities Act (ADA) and Equal Protections case brought in 2020 by a transgender woman incarcerated in the Fairfax County Adult Detention Center (FCADC). On November 16, 2020, she filed a complaint against the sheriff, deputy, and medical professionals employed by FCADC in the U.S. District Court for the Eastern District of Virginia, and her case was assigned to Judge Claude M. Hilton. In her complaint, plaintiff alleged that FCADC and its employees denied her the medical treatment and accommodations she required as a transgender woman diagnosed with gender dysphoria, in violation of the ADA and constituting gross negligence. She further alleged that FCADC denied her opportunities provided to inmates who were not transgender and did not suffer from gender dysphoria. Plaintiff brought four claims: deliberate indifference under the eighth amendment, equal protection violation on the basis of sex and medical diagnosis, violation of the ADA, and common law gross negligence. She sought compensatory and punitive damages, as well as injunctive relief including but not limited to ordering FCADC to provide inmates with gender dysphoria with adequate and necessary medical care.

Plaintiff was booked into FCADC on November 16, 2018, when she underwent an initial medical evaluation to classify her gender and determine her assignment to the male or female side of the facility. During the evaluation, she informed the medical provider that she was transgender, lived full-time as a woman, and had been on hormone treatment for the past 15 years. Following the evaluation, FCADC assigned plaintiff to the male side of the facility and made her wear the uniform worn by male inmates. During her incarceration, plaintiff was not provided a bra until December 10, 2018, and was never permitted to wear women’s underwear. Despite repeated requests, FCADC delayed providing plaintiff hormone treatment and never permitted her to receive mental health counseling or treatment. Plaintiff experienced harassment by FCADC employees based on her gender identity throughout her incarceration. Furthermore, plaintiff was not transferred into the Workforce Program for several months, despite her repeated requests and several cisgender inmates who had been incarcerated for shorter periods of time getting access.

In February 2021, the sheriff of FCADC moved to dismiss plaintiff's complaint. As part of her opposition to defendant’s motion to dismiss on March 12, 2021, plaintiff voluntarily dismissed her Fourteenth Amendment equal protection claims against the sheriff. On June 7, 2021, the court granted the motion to dismiss the remaining claims against the sheriff. The court held that the defendant exercised some degree of care, and therefore the defendant’s treatment of plaintiff did not rise to the level of gross negligence. The court further found that the ADA excludes from its definition of “disability” all “gender identity disorders not resulting from physical impairments.” Because plaintiff never alleged that her gender dysphoria was the result of a physical impairment, the court held that she had no claim under the ADA. 2021 WL 2324162.

Two of the named defendants – a nurse practitioner and deputy of FCADC – filed an additional motion to dismiss all four claims in April 2021. Defendants argued that several of the allegations brought under these claims were barred under the statute of limitations because plaintiff added defendants to her amended complaint in February 2021, over two years after most of the alleged incidents occurred. The court granted defendants’ motion to dismiss on August 18, 2021. First, the court dismissed the deliberate indifference claim against defendant nurse on the grounds that the majority of the allegations raised under the claim were barred by the statute of limitations and that plaintiff failed to show defendant had sufficient knowledge for the remaining allegations. Second, the court dismissed plaintiff's sex discrimination claim against the deputy sheriff of the FCADC again because the statute of limitations had passed. Finally, the court dismissed plaintiff's ADA and gross negligence claims against defendants on the same grounds the court described in its June 7, 2021 order. 2021 WL 3671186.

On September 17, 2021, Ms. Williams appealed the trial court’s dismissals to the Fourth Circuit of the United States Court of Appeals (21-2030). On August 16, 2022, the Fourth Circuit reversed the dismissal of the ADA and gross negligence claims. The court first held that individuals with gender dysphoria are protected under the ADA. The court emphasized that in 2008, Congress instructed courts in an amendment to the ADA that the definition of “disability” was to be construed in favor of broad coverage of individuals to the maximum extent permitted by the ADA’s terms. In their opinion, the Fourth Circuit relied on the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association (DSM-5). The DSM-5 takes as a given that being transgender is not a disability, but specifically defines gender dysphoria as a clinically significant “stress and discomfort with one’s assigned sex” suffered by some but not all transgender people. Thus, the Fourth Circuit explicitly differentiated being transgender from having gender dysphoria and ruled that people with gender dysphoria are protected under the ADA. In addition, the Fourth Circuit rejected the trial court’s conclusion that plaintiff's claims against two named defendants were barred by the two-year statute of limitations because the claims related back to the initial complaint and both defendants had sufficient notice of the case before the statute of limitations expired.  The Fourth Circuit further held that the complaint alleged sufficient facts to support a gross negligence claim against defendants, prompting reversal of the dismissal of plaintiff's ADA and gross negligence claims. Judge Diana Motz wrote the opinion, in which Judge Pamela Harris joined, while Judge Martin Quattlebaum concurred in part and dissented in part. 45 F.4th 759.

On August 16, 2022, the Fourth Circuit remanded the case back to the U.S. District Court for the Eastern District of Virginia for further proceedings consistent with the opinion of the Fourth Circuit. However, defendants petitioned the Fourth Circuit for a rehearing en banc on August 30, 2023, and the district court stayed further proceedings pending the Fourth Circuits consideration of defendants’ petition. The Fourth Circuit denied defendants’ petition for a rehearing en banc on  October 7, 2022. 50 F.4th 429.

Defendants then appealed the Fourth Circuits decision to the United States Supreme Court, petitioning for a writ of certiorari on January 10, 2023 (No. 22-633). On June 30, 2023, the Supreme Court denied certiorari, allowing the Fourth Circuit’s ruling to stand, with Justices Thomas and Alito dissenting. 143 S.Ct. 2414.

Back in the district court, the case was reassigned to Judge Ivan D. Davis on July 21, 2023. As of November 1, 2023, parties are proceeding with discovery, which is set to conclude on November 10, 2023. This case is ongoing.

Summary Authors

Sarah Portwood (11/6/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18651086/parties/williams-v-kincaid/


Judge(s)
Attorney for Plaintiff

Erlich, Joshua Harry (Virginia)

Attorney for Defendant

Cain, Ashley L. (Virginia)

Cejas, Rodolfo Cejas (Virginia)

Dunn, Broderick Coleman (Virginia)

Francuzenko, Alexander (Virginia)

show all people

Documents in the Clearinghouse

Document
1

1:20-cv-01397

Complaint

Nov. 16, 2020

Nov. 16, 2020

Complaint
21

1:20-cv-01397

Amended Complaint, Jury Trial Demanded

Feb. 12, 2021

Feb. 12, 2021

Complaint

1:20-cv-01397

Memorandum Opinion

June 7, 2021

June 7, 2021

Order/Opinion

1:20-cv-01397

Memorandum Opinion

Aug. 18, 2021

Aug. 18, 2021

Order/Opinion

21-02030

Opinion

U. S. Court of Appeals for the Fourth Circuit

Aug. 16, 2022

Aug. 16, 2022

Order/Opinion
76

1:20-cv-01397

Order

U. S. Court of Appeals for the Fourth Circuit

Oct. 7, 2022

Oct. 7, 2022

Order/Opinion
79

1:20-cv-01397

Order

Kincaid v. Williams

Supreme Court of the United States

June 30, 2023

June 30, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18651086/williams-v-kincaid/

Last updated Dec. 1, 2023, 7:07 p.m.

ECF Number Description Date Link Date / Link
1

Complaint ( Filing fee $ 400, receipt number 0422-7499034.), filed by Kesha Williams. (Attachments: # 1 Civil Cover Sheet)(Erlich, Joshua) (Entered: 11/16/2020)

1 Civil Cover Sheet

View on RECAP

Nov. 16, 2020

Nov. 16, 2020

Clearinghouse

Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge Theresa Carroll Buchanan. (pmil, )

Nov. 16, 2020

Nov. 16, 2020

PACER
2

MOTION for Discovery (Early) by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Erlich, Joshua) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
3

Memorandum in Support re 2 MOTION for Discovery (Early) filed by Kesha T. Williams. (Erlich, Joshua) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
4

ORDER that pltf's 2 Motion for Leave to Conduct Limited Expedited Discovery is GRANTED ; Pltf may immediately serve upon the Fairfax County Adult Detention Center and Maxim Healthcare Services, Inc. a subpoena duces tecum for documents aimed at identifying the true names and identities of the Doe Defendants. The Fairfax County Adult Detention Center and Maxim Healthcare Services, Inc. shall both respond to the requestsfor the production of documents within fifteen (15) business days of the date of service of the requests (see Order for details). Signed by Magistrate Judge Theresa Carroll Buchanan on 11/17/20. (pmil, ) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
5

NOTICE of Appearance by Katherine Lynn Herrmann on behalf of Kesha T. Williams (Herrmann, Katherine) (Entered: 11/17/2020)

Nov. 17, 2020

Nov. 17, 2020

PACER
6

Proposed Summons re 1 Complaint to Defendant Stacey A. Kincaid by Kesha T. Williams. (Herrmann, Katherine) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
7

Proposed Summons re 1 Complaint to Defendant Maxim Healthcare Services, Inc. by Kesha T. Williams. (Herrmann, Katherine) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
8

Summons Issued as to Stacey A. Kincaid, Maxim Healthcare Services, Inc. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachment for each defendant to be served with the complaint. (Attachments: # 1 Notice)(pmil, ) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
9

NOTICE of Appearance by Alexander Francuzenko on behalf of Stacey A. Kincaid (Francuzenko, Alexander) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
10

NOTICE of Appearance by Philip Corliss Krone on behalf of Stacey A. Kincaid (Krone, Philip) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
11

Consent MOTION for Extension of Time to File Response/Reply by Stacey A. Kincaid. (Francuzenko, Alexander) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
12

Memorandum in Support re 11 Consent MOTION for Extension of Time to File Response/Reply filed by Stacey A. Kincaid. (Attachments: # 1 Proposed Order)(Francuzenko, Alexander) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
13

MOTION for Protective Order by Stacey A. Kincaid. (Francuzenko, Alexander) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
14

Memorandum in Support re 13 MOTION for Protective Order filed by Stacey A. Kincaid. (Attachments: # 1 Proposed Order)(Francuzenko, Alexander) (Entered: 01/07/2021)

1 Proposed Order

View on PACER

Jan. 7, 2021

Jan. 7, 2021

RECAP
15

STIPULATED PROTECTIVE ORDER: re the handling and labeling of confidential material. (see Order for complete details) Signed by Magistrate Judge Theresa Carroll Buchanan on 1/7/21. (tfitz, ) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
16

ORDER granting 11 Consent Motion for Extension of Time; Defendant has until Friday, January 22, 2021 to file a responsive pleading to Plaintiffs complaint. Signed by Magistrate Judge Theresa Carroll Buchanan on 01/07/21. (pmil, ) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

PACER
17

MOTION to Dismiss by Stacey A. Kincaid. (Krone, Philip) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
18

Memorandum in Support re 17 MOTION to Dismiss filed by Stacey A. Kincaid. (Krone, Philip) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER
19

Notice of Hearing Date re 17 MOTION to Dismiss (Krone, Philip) (Entered: 01/22/2021)

Jan. 22, 2021

Jan. 22, 2021

PACER

Set Deadlines as to 17 MOTION to Dismiss . Motion Hearing set for 2/26/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )

Jan. 25, 2021

Jan. 25, 2021

PACER
20

Opposition to 17 MOTION to Dismiss filed by Kesha T. Williams. (Herrmann, Katherine) (Entered: 02/05/2021)

Feb. 5, 2021

Feb. 5, 2021

PACER
21

AMENDED COMPLAINT against Stacey A. Kincaid, Lishan Kassa, M.D., Xin Wang, NP, Deputy Garcia, filed by Kesha T. Williams.(Herrmann, Katherine) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

Clearinghouse
22

Proposed Summons re 21 Amended Complaint to Defendant Deputy Garcia by Kesha T. Williams. (Herrmann, Katherine) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
23

Proposed Summons re 21 Amended Complaint to Defendant Lishan Kassa, M.D. by Kesha T. Williams. (Herrmann, Katherine) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
24

Proposed Summons re 21 Amended Complaint to Defendant Xin Wang, NP by Kesha T. Williams. (Herrmann, Katherine) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
25

MOTION for Extension of Time to Serve Amended Complaint by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Herrmann, Katherine) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
26

Waiver of re 25 MOTION for Extension of Time to Serve Amended Complaint (Waiver of Hearing) by Kesha T. Williams (Herrmann, Katherine) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
27

ORDER granting 25 Motion for Extension of Time to File. ORDERED that Plaintiff has an additional 30 days in which to serve Defendants, until March 18, 2021. Signed by Magistrate Judge Theresa Carroll Buchanan on 02/16/2021. (kgall) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
28

Summons Issued as to Deputy Garcia, Lishan Kassa, M.D., Xin Wang, NP. NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice of Lawsuit)(kgall) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER

Per CMH chambers motions set for 2/26/2021 on the pleadings (clar, )

Feb. 22, 2021

Feb. 22, 2021

PACER
29

ORDERED that Defendant's Motion to Dismiss 17 the original Complaint is DENIED as moot. Signed by District Judge Claude M. Hilton on 2/23/2021. (kgall) (Entered: 02/23/2021)

Feb. 23, 2021

Feb. 23, 2021

PACER
30

MOTION to Dismiss for Failure to State a Claim by Stacey A. Kincaid. (Francuzenko, Alexander) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
31

Memorandum in Support re 30 MOTION to Dismiss for Failure to State a Claim filed by Stacey A. Kincaid. (Francuzenko, Alexander) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

RECAP
32

Notice of Hearing Date re 30 MOTION to Dismiss for Failure to State a Claim (Francuzenko, Alexander) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER

Set Deadlines as to 30 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 4/23/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )

March 1, 2021

March 1, 2021

PACER
33

SCHEDULING ORDER: Initial Pretrial Conference set for 3/31/2021 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Final Pretrial Conference set for 7/15/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Discovery due by 7/9/2021. Signed by District Judge Claude M. Hilton on 03/09/2021. (Attachments: # 1 Pretrial Notice, # 2 Magistrate Judge Consent Form)(jlan) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER
34

Memorandum in Opposition re 30 MOTION to Dismiss for Failure to State a Claim filed by Kesha T. Williams. (Herrmann, Katherine) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

RECAP
35

CERTIFICATE of Service (Corrected) re 34 Memorandum in Opposition by Katherine Lynn Herrmann on behalf of Kesha T. Williams (Herrmann, Katherine) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
36

NOTICE of Appearance by Alexander Francuzenko on behalf of Stacey A. Kincaid (Francuzenko, Alexander) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
37

Reply to 34 Memorandum in Opposition filed by Stacey A. Kincaid. (Francuzenko, Alexander) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
38

NOTICE of Appearance by Thea Alicia Paolini on behalf of Stacey A. Kincaid (Paolini, Thea) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
39

Proposed Joint Rule 16 Discovery Plan by Stacey A. Kincaid.(Francuzenko, Alexander) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
40

Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that Upon consideration of the representations made by the parties in the Proposed Joint Rule 16 Discovery Plan (Dkt. 39) and taking note of the Scheduling Order (Dkt. 33) entered in this case, the Court makes the following rulings: 1. All discovery shall be concluded by Friday, July 9, 2021. 2. The Proposed Joint Rule 16 Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court. 3. The pretrial conference scheduled for Wednesday, March 31, 2021 at 11:00 a.m. is cancelled. 4. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by Thursday, April 15, 2021. 5. No general objection may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. Signed by Magistrate Judge Theresa Carroll Buchanan on 3/24/21. (tfitz, ) (Entered: 03/25/2021)

March 24, 2021

March 24, 2021

PACER
41

MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint by Deputy Garcia. (Francuzenko, Alexander) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
42

Memorandum in Support re 41 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint filed by Deputy Garcia. (Francuzenko, Alexander) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

RECAP
43

MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint by Xin Wang, NP. (Francuzenko, Alexander) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
44

Memorandum in Support re 43 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint filed by Xin Wang, NP. (Francuzenko, Alexander) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

RECAP
45

SUMMONS Returned Executed by Kesha T. Williams Deputy Garcia served on 3/12/2021, answer due 4/2/2021 (Herrmann, Katherine) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
46

SUMMONS Returned Executed by Kesha T. Williams Xin Wang, NP served on 3/12/2021, answer due 4/2/2021 (Herrmann, Katherine) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
47

Memorandum in Opposition re 41 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint (Deputy Garcia) filed by Kesha T. Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Herrmann, Katherine) (Entered: 04/19/2021)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

April 19, 2021

April 19, 2021

RECAP
48

Memorandum in Opposition re 43 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint (Xin Wang) filed by Kesha T. Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Herrmann, Katherine) (Entered: 04/19/2021)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on RECAP

April 19, 2021

April 19, 2021

RECAP

Per CMH chambers motions set for 4/23/2021 on the pleadings (clar, )

April 22, 2021

April 22, 2021

PACER
49

Response to 47 Memorandum in Opposition, to Motion to Dismiss filed by Deputy Garcia. (Francuzenko, Alexander) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
50

Response to 48 Memorandum in Opposition to Motion to Dismiss filed by Xin Wang, NP. (Francuzenko, Alexander) (Entered: 04/26/2021)

April 26, 2021

April 26, 2021

PACER
51

MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 6/7/2021. (kgall) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

RECAP
52

ORDER granting 30 Motion to Dismiss for Failure to State a Claim. Plaintiff's causes of action against Defendant Kincaid are dismissed. Signed by District Judge Claude M. Hilton on 6/7/2021. (kgall) (Entered: 06/08/2021)

June 7, 2021

June 7, 2021

RECAP
53

MOTION to Compel Discovery Responses by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Herrmann, Katherine) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
54

Memorandum in Support re 53 MOTION to Compel Discovery Responses filed by Kesha T. Williams. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Herrmann, Katherine) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
55

Notice of Hearing Date set for 07/02/2021 re 53 MOTION to Compel Discovery Responses (Herrmann, Katherine) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER

Set Deadlines as to 53 MOTION to Compel Discovery Responses. Motion Hearing set for 7/2/2021 at 10:00 AM in Alexandria Courtroom 501 before Magistrate Judge Theresa Carroll Buchanan. (clar, )

June 25, 2021

June 25, 2021

PACER

MOTIONS REFERRED to Magistrate Judge: Buchanan. 53 MOTION to Compel Discovery Responses (clar, )

June 25, 2021

June 25, 2021

PACER
56

Joint MOTION for Extension of Time to Complete Discovery by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Herrmann, Katherine) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
57

Memorandum in Support re 56 Joint MOTION for Extension of Time to Complete Discovery filed by Kesha T. Williams. (Herrmann, Katherine) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
58

Reply to Motion re 53 MOTION to Compel Discovery Responses filed by Deputy Garcia, Xin Wang, NP. (Attachments: # 1 Proposed Order)(Francuzenko, Alexander) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
59

Waiver of re 56 Joint MOTION for Extension of Time to Complete Discovery - Oral Argument by Kesha T. Williams (Herrmann, Katherine) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
60

ORDERED that Defendants will serve their answers to Plaintiff's First Set of Interrogatories and produce responsive documents to Plaintiff's First Set of Requests for Production by the close of business on Tuesday, July 6, 2021; it is further ORDERED that Plaintiff's Motion to Compel Dkt. 53 is DENIED AS MOOT; and it is further ORDERED that the hearing scheduled for Friday, July 2, 2021 is CANCELLED. Signed by Magistrate Judge Theresa Carroll Buchanan on 6/30/2021. (dest) (Entered: 07/01/2021)

June 30, 2021

June 30, 2021

PACER
61

ORDERED that the Motion Dkt. 56 is GRANTED IN PART; it is further ORDERED that the discovery period is EXTENDED to Friday, August 13, 2021; and it is further ORDERED that the final pretrial conference is RESCHEDULED for Thursday, August 19, 2021 at 10:00 am. Signed by Magistrate Judge Theresa Carroll Buchanan on 7/1/2021. (swil) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER

Set Hearings Final Pretrial Conference set for 8/19/2021 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (swil)

July 1, 2021

July 1, 2021

PACER
62

Notice of Hearing Date set for July 9, 2021 re 41 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint, 43 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint (Francuzenko, Alexander) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER

Set Deadlines as to 43 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint, 41 MOTION to Dismiss for Failure to State a Claim Plaintiff's Amended Complaint. Motion Hearing set for 7/9/2021 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )

July 1, 2021

July 1, 2021

PACER

Per CMH chambers motions set for 7/9/2021 on the pleadings (clar, )

July 7, 2021

July 7, 2021

PACER
63

Joint MOTION for Extension of Time to Complete Discovery by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Herrmann, Katherine) (Entered: 08/02/2021)

1 Proposed Order

View on PACER

Aug. 2, 2021

Aug. 2, 2021

PACER
64

Memorandum in Support re 63 Joint MOTION for Extension of Time to Complete Discovery filed by Kesha T. Williams. (Herrmann, Katherine) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

RECAP
65

ORDERED that the Motion 63 is GRANTED. ORDERED that the discovery period in this matter is EXTENDED forty-five (45) days, or until Monday, September 27, 2021. Signed by Magistrate Judge Theresa Carroll Buchanan on 8/3/2021. (kgall) (Entered: 08/04/2021)

Aug. 3, 2021

Aug. 3, 2021

PACER
66

Consent MOTION Reschedule Final Pretrial Conference by Kesha T. Williams. (Attachments: # 1 Proposed Order)(Erlich, Joshua) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
67

MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 8/18/2021. (kgall) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

RECAP
68

ORDERED that the 41, 43 Motions to Dismiss of Defendants Xin Wangand Deputy Garcia are GRANTED, Defendants are dismissed from this action. Signed by District Judge Claude M. Hilton on 8/18/2021. (kgall) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
69

ORDERED that Defendant Lishan Kassa, M.D. is dismissed pursuant to F.R.Civ.P. 4(m). Signed by District Judge Claude M. Hilton on 8/18/2021. (kgall) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER
70

NOTICE OF APPEAL as to 52 Order on Motion to Dismiss for Failure to State a Claim, 68 Order on Motion to Dismiss for Failure to State a Claim, by Kesha T. Williams. Filing fee $ 505, receipt number AVAEDC-8000634. (Herrmann, Katherine) (Entered: 09/16/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
71

Transmission of Notice of Appeal to US Court of Appeals re 70 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (kgall) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER
72

USCA Case Number 21-2030 4th Circuit, case manager A. Brownleee for 70 Notice of Appeal, filed by Kesha T. Williams. (kgall) (Entered: 09/20/2021)

Sept. 20, 2021

Sept. 20, 2021

PACER
73

PUBLISHED Opinion of USCA re 70 Notice of Appeal, decided August 16, 2022, REVERSED AND REMANDED. (Attachments: # 1 Opinion Attachment)(dvanm) (Entered: 08/16/2022)

1 Opinion Attachment

View on RECAP

Aug. 16, 2022

Aug. 16, 2022

RECAP
74

USCA JUDGMENT as to 70 Notice of Appeal, filed by Kesha T. Williams. In accordance with the decision of this court, the judgment of the district court is reversed. This case is remanded to the district court for further proceedings consistent with the court's decision. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (dvanm) (Entered: 08/16/2022)

Aug. 16, 2022

Aug. 16, 2022

PACER
75

USCA Temporary Stay of Mandate re 70 Notice of Appeal. Under Fed. R. App. P. 41(b), the filing of a timely petition for rehearing or rehearing en banc stays the mandate until the court has ruled on the petition. In accordance with Rule 41(b), the mandate is stayed pending further order of this court. (dvanm) (Entered: 08/31/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
76

Published ORDER of USCA as to 70 Notice of Appeal, filed by Kesha T. Williams. The court denies appellees' petition for rehearing en banc. (Attachment(s): # 1 Attachment-1) (Dest). (Entered: 10/11/2022)

Oct. 7, 2022

Oct. 7, 2022

Clearinghouse
77

USCA Mandate re 70 Notice of Appeal. The judgment of this court, entered August 16, 2022, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Dest) (Entered: 10/17/2022)

Oct. 17, 2022

Oct. 17, 2022

RECAP
78

NOTICE by Supreme Court of the United States of the Clerk. The petition for a writ of certiorari was filed January 5, 2023 and placed on the docket January 9, 2023 as No. 22-633. (dvanm) (Entered: 01/10/2023)

Jan. 10, 2023

Jan. 10, 2023

RECAP
79

NOTICE from Supreme Court of the United States. The Court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied. Justice Alito, with whom Justice Thomas joins, dissenting from the denial of certiorari. (dvanm) (Entered: 07/05/2023)

June 30, 2023

June 30, 2023

Clearinghouse
80

ORDERED that this case is placed on the docket for Friday, July 21 at 10:00 am for a status conference. Signed by District Judge Claude M. Hilton on 07/11/2023. (dvanm) (Entered: 07/11/2023)

July 11, 2023

July 11, 2023

PACER

Set/Reset Hearings: Status Conference set for 7/21/2023 at 10:00 AM in Alexandria Courtroom 801 before District Judge Claude M. Hilton. (dvanm)

July 11, 2023

July 11, 2023

PACER
81

NOTICE of Appearance by Broderick Coleman Dunn on behalf of Deputy Garcia, Stacey A. Kincaid, Xin Wang, NP (Dunn, Broderick) (Entered: 07/19/2023)

July 19, 2023

July 19, 2023

PACER
82

Minute Entry for proceedings held before District Judge Claude M. Hilton: Status Conference held on 7/21/2023. Appearance of counsel. New Scheduling Order to be issued. (Court Reporter: J. Egal)(tarm) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

PACER

Case Reassigned to Magistrate Judge Ivan D. Davis. Magistrate Judge Theresa Carroll Buchanan no longer assigned to the case. (jlan)

July 21, 2023

July 21, 2023

PACER
83

SCHEDULING ORDER:Initial Pretrial Conference set for 8/9/2023 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis.Discovery due by 11/10/2023.Final Pretrial Conference set for 11/16/2023 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Signed by District Judge Claude M. Hilton on 07/25/2023. (Attachments: # 1 Magistrate Consent Form, # 2 Pretrial Notice)(tran) (Entered: 07/26/2023)

July 25, 2023

July 25, 2023

PACER
84

MOTION for Discovery Proposed Joint Rule 16 Discovery Plan by Deputy Garcia, Lishan Kassa, M.D., Stacey A. Kincaid, Xin Wang, NP. (Francuzenko, Alexander) (Entered: 08/01/2023)

Aug. 1, 2023

Aug. 1, 2023

PACER
85

Order Rule 16(b) Scheduling Order. Because the parties' Proposed Joint Discovery Plan 84 adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for August 9, 2023, pursuant to Rule 16(b) and this Court's July 25, 2023, Order, is cancelled. Upon consideration of the representations made by the parties in their Proposed Joint Discovery Plan, the Court makes the following rulings: 1. All discovery shall be concluded by November 10, 2023. See order for further details. Signed by Magistrate Judge Ivan D. Davis on 8/7/2023. (lgue, ) (Entered: 08/08/2023)

Aug. 7, 2023

Aug. 7, 2023

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Disability Rights

Prison Conditions

Key Dates

Filing Date: Nov. 16, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Transgender woman diagnosed with gender dysphoria, formerly incarcerated

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Fairfax County Adult Detention Center (Fairfax), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in detention facilities

Discrimination-area:

Disparate Treatment

LGBTQ+:

LGBTQ+

Discrimination-basis:

Disability (inc. reasonable accommodations)

Gender identity

Type of Facility:

Government-run