Case: DiMarco v. Wyoming Department of Corrections

1:03-cv-01006 | U.S. District Court for the District of Wyoming

Filed Date: Jan. 24, 2003

Closed Date: Jan. 24, 2007

Clearinghouse coding complete

Case Summary

This is a case about a woman with intersex traits challenging her confinement in isolation while incarcerated. Even though the plaintiff had lived her entire life as a woman, prison staff determined she had genitalia outside of the typical male/female binary when they physically examined her upon her arrival at the Wyoming Women’s Center. Prison officials assigned the plaintiff to the maximum security ward to allegedly ensure the safety of both her and her fellow inmates. Previously, the ward h…

This is a case about a woman with intersex traits challenging her confinement in isolation while incarcerated. Even though the plaintiff had lived her entire life as a woman, prison staff determined she had genitalia outside of the typical male/female binary when they physically examined her upon her arrival at the Wyoming Women’s Center. Prison officials assigned the plaintiff to the maximum security ward to allegedly ensure the safety of both her and her fellow inmates. Previously, the ward had mostly housed inmates facing disciplinary actions. The plaintiff spent her entire 14-month term of incarceration in segregated confinement in the maximum security unit, where she lacked most of the privileges afforded to those in the prison’s general population, including daily social contact, regular visitation, and eating meals outside of one’s cell. After her release, the plaintiff filed this lawsuit in the U.S. District Court for the District of Wyoming on January 24, 2003. 

Under 42. U.S.C. § 1983, she sued the Wyoming Department of Corrections (WDOC) and several prison officials for violating her Eighth Amendment right against cruel and unusual punishment by unjustifiably placing her in isolated, segregated confinement. She also alleged the defendants violated her Fourteenth Amendment due process rights because they deprived her of her liberty by placing her in isolation without a hearing. Additionally, the plaintiff brought a claim under Title II of the Americans with Disabilities Act (ADA), alleging that prison officials denied her the benefits of the services, programs and activities of the general prison population due to a physical impairment. Finally, the plaintiff raised two Wyoming state tort claims for intentional infliction of emotional distress and negligent infliction of emotional distress. The case was assigned to District Judge Clarence A. Brimmer. Represented by private counsel, the plaintiff initially sought to represent a class of all intersex individuals incarcerated in WDOC facilities. The plaintiff sought an order certifying the plaintiff class, special and compensatory damages, an injunction enjoining defendants from continuing to isolate individuals with intersex traits; and attorneys’ fees and costs.

On August 11, 2003 the plaintiff filed an amended complaint that omitted any reference to a putative plaintiff class. Filing on behalf of herself, the plaintiff split her Fourteenth Amendment claim into three separate strands: equal protection, procedural due process, and substantive due process claims. The plaintiff clarified that the substantive due process claim also tracked the Ninth Amendment of the Wyoming Constitution. In addition to the relief she previously requested, the plaintiff also sought punitive damages. 

The defendants filed a motion for summary judgment on September 9, 2003. Judge Brimmer granted the motion in part and denied the motion in part on November 12, 2003. Judge Brimmer reasoned that the Eleventh Amendment barred both state tort claims because Wyoming had not waived its immunity in federal court. He also dismissed the ADA claim because the plaintiff had not shown she was a qualified individual with a disability under the Act. But Judge Brimmer allowed the Eighth Amendment claim to proceed because questions remained over whether isolating the plaintiff for fourteen months solely due to her intersex traits constituted excessive confinement. Judge Brimmer also permitted the Fourteenth Amendment claims to proceed because he wanted to examine evidence on whether the conditions of confinement presented the type of atypical and significant deprivation that implicated a liberty interest. He also wanted to assess whether the plaintiff had been deprived of that liberty interest without notice and a hearing.

Following a bench trial, Judge Brimmer issued an order on February 18, 2004. Stating the conditions of the plaintiff’s confinement were atypical for similarly-situated inmates, the court found in favor of the plaintiff on her Fourteenth Amendment due process claims. 300 F. Supp. 2d 1183. The court also ruled in the plaintiff's favor on her substantive due process claim, reasoning that the plaintiff’s conditions of confinement were an atypical and significant hardship. Judge Brimmer also found that prison officials violated the plaintiff’s procedural due process rights by denying her a hearing. He ordered the defendant to pay the plaintiff reasonable attorneys’ fees and costs. While he did not issue an order requiring them to do so, Judge Brimmer “impressed the need” for WDOC to develop procedures around administrative segregation for non-disciplinary issues. Judge Brimmer denied the plaintiff’s claim under the Eighth Amendment, reasoning that prison officials placed her in solitary confinement to ensure the safety of all individuals and that the plaintiff never lacked the basic necessities of food, shelter, clothing and medical treatment. Judge Brimmer also denied the equal protection claim under the Fourteenth Amendment, applying a rational basis standard and reasoning that the defendants’ actions in placing the plaintiff in segregated confinement were rationally related to the legitimate purposes of ensuring the safety of all inmates. 

In a separate order filed June 18, 2004, Judge Brimmer ordered the defendants to pay $70,016.25 in attorneys’ fees, $10,414.33 in court costs and $13,404.96 in expert fee reimbursements. He reached these totals after reducing the plaintiff’s requested costs by more than $15,604. He determined that some of the fees charged by the plaintiff were unrelated to litigation. Judge Brimmer also reduced some of the attorneys’ fees based on data for reasonable rates for attorneys in the area.

On March 12, 2004, the defendants appealed the decision to the U.S. Court of Appeals for the Tenth Circuit. The defendants separately appealed the award of attorneys’ fees and costs on June 28, 2004. When the plaintiff died in 2005, her executor substituted as a party appeal. On January 24, 2007, the Tenth Circuit reversed the decision of the district court. 473 F.3d 1334. It held that the conditions of the plaintiff’s confinement did not violate her substantive due process rights because she never lacked access to basic essentials. The court of appeals reasoned that the state also provided her with adequate procedural protections because prison officials reviewed her placement every ninety days. Part of that review entailed interviewing the plaintiff. In the same opinion, the court of appeals reversed the award of attorneys’ fees and costs.

The deadline to file a petition for rehearing has passed. The case is now closed.

Summary Authors

Alanna Autler (2/2/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/2428427/parties/dimarco-v-wydoc-wc/


Judge(s)

Brimmer, Clarence Addison (Wyoming)

show all people

Documents in the Clearinghouse

Document

1:03-cv-01006

Verified Complaint

Jan. 10, 2003

Jan. 10, 2003

Complaint

2003 WL 2003

1:03-cv-01006

Verified Amended Complaint

Aug. 11, 2003

Aug. 11, 2003

Complaint

2003 WL 2003

78

1:03-cv-01006

Order Granting in Part and Denying in Part Defendants' Motion for Judgment on the Pleadings, or in the Alternative, for Summary Judgment

Nov. 12, 2003

Nov. 12, 2003

Order/Opinion

1:03-cv-01006

Memorandum of Order and Judgment

Feb. 18, 2004

Feb. 18, 2004

Order/Opinion

300 F.Supp.2d 300

148

1:03-cv-01006

Order Awarding Attorney's Fees and Costs

June 18, 2004

June 18, 2004

Order/Opinion

04–8024, 04–8067

Opinion

U.S. Court of Appeals for the Tenth Circuit

Jan. 24, 2007

Jan. 24, 2007

Order/Opinion

473 F.3d 473

Docket

See docket on RECAP: https://www.courtlistener.com/docket/2428427/dimarco-v-wydoc-wc/

Last updated March 9, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (3 summons(es) issued) filing fee paid - $150.00 receipt # 298526 (jg) (Entered: 01/24/2003)

Jan. 24, 2003

Jan. 24, 2003

PACER
2

RETURN OF SERVICE executed upon defendant WYDOC WC Warden, defendant Nola Blackburn on 2/20/03 (jg) (Entered: 02/24/2003)

Feb. 24, 2003

Feb. 24, 2003

PACER
3

RETURN OF SERVICE executed upon defendant WYDOC WC on 2/20/03 (jg) (Entered: 02/24/2003)

Feb. 24, 2003

Feb. 24, 2003

PACER
4

RETURN OF SERVICE executed upon defendant WYDOC Director, Judy Uphoff on 2/21/03 (dn) (Entered: 03/04/2003)

March 3, 2003

March 3, 2003

PACER
5

ATTORNEY APPEARANCE for all defendants by Jay A Jerde, Senior Assistant Wyoming Attorney General (dn) (Entered: 03/07/2003)

March 7, 2003

March 7, 2003

PACER
6

NOTIFICATION OF COMPLEXITY OF CASE by defendants; the case is non-complex (dn) (Entered: 03/07/2003)

March 7, 2003

March 7, 2003

PACER
7

ANSWER with affirmative defenses by defendant to complaint [1-1] (dn) (Entered: 03/07/2003)

March 7, 2003

March 7, 2003

PACER
8

NOTICE: initial pretrial conference set on 4/16/03 at 9:00am in Cheyenne before Magistrate Judge William C. Beaman (cc: all counsel 3/12/03) (dn) (Entered: 03/12/2003)

March 12, 2003

March 12, 2003

PACER
9

MOTION by defendants for judgment on the pleadings (dn) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER
10

MEMORANDUM by defendants in support of motion for judgment on the pleadings [9-1] (dn) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER
11

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW by defendants re motion for judgment on the pleadings [9-1] (dn) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER
12

MOTION by defendants to stay discovery pending ruling on defendants' motion for judgment on the pleadings referred to Magistrate Judge William C. Beaman (dn) (Entered: 04/15/2003)

April 14, 2003

April 14, 2003

PACER

INITIAL PRETRIAL conference held (jg)

April 16, 2003

April 16, 2003

PACER
13

ORDER by Magistrate Judge William C. Beaman denying motion to stay discovery pending ruling on defendants' motion for judgment on the pleadings [12-1] (cc: all counsel 4/17/03) (dn) (Entered: 04/18/2003)

April 17, 2003

April 17, 2003

PACER
14

INITIAL PRETRIAL CONFERENCE ORDER by Honorable William C Beaman motion filing deadline is 8/11/03 ; dispositive motion hearing set on 9/12/03 at 9:30am ; plaintiff designation ddl is 6/30/03 ; defendant designation ddl is 7/28/03 ; discovery deadline is 8/11/03 ; stipulation deadline is 8/18/03 ; final pretrial conference set on 11/14/03 at 9:30am in Cheyenne ; non-jury trial set on 12/8/03 at 9:30am in Casper/Cheyenne (#1/5 days) (cc: all counsel 4/18/03) (dn) (Entered: 04/18/2003)

April 17, 2003

April 17, 2003

PACER
15

CERTIFICATE OF COMPLIANCE by plaintiff (mmr) (Entered: 04/24/2003)

April 24, 2003

April 24, 2003

PACER
16

STIPULATION for extension of time to respond to defendants' memorandum of law in support of motion for judgment on the pleadings. (mmr) (Entered: 04/24/2003)

April 24, 2003

April 24, 2003

PACER
17

ORDER EXTENDING TIME TO RESPOND TO DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS by Magistrate Judge William C. Beaman; it is ordered that defendant's motion for extension of time is granted and that plaintiff's response to the government's memorandum in support of motion for judgment on the pleadings shall be due by 5/12/03 (cc: all counsel mld 4/28/03) (jlg) (Entered: 04/29/2003)

April 28, 2003

April 28, 2003

PACER
18

NOTICE setting hearing before Honorable Clarence A. Brimmer on the motion for judgment on the pleadings [9-1] at 9:30am on 6/30/03 in Cheyenne (cc: all counsel 5/8/03) (dn) Modified on 07/04/2003 (Entered: 05/08/2003)

May 8, 2003

May 8, 2003

PACER
19

OBJECTIONS by plaintiff to memorandum [10-1] (mmr) (Entered: 05/12/2003)

May 9, 2003

May 9, 2003

PACER
20

MINUTES: of hearing on motion for judgment on pleading held; plaintiff will be allowed to amend her complaint ( Ct Rptr: Mullivan ) (dktclerk) (Entered: 06/30/2003)

June 30, 2003

June 30, 2003

PACER
21

MOTION by defendant to withdraw attorney Jay Jerde, to substitute attorney Craig Kirkwood in place of Jay A. Jerde (dktclerk) (Entered: 06/30/2003)

June 30, 2003

June 30, 2003

PACER
22

DESIGNATION of experts by plaintiff (mmr) (Entered: 07/01/2003)

June 30, 2003

June 30, 2003

PACER
23

ORDER by Honorable Clarence A. Brimmer granting motion to withdraw attorney Jay Jerde [21-1] ; attorney Jay A Jerde terminated; granting motion to substitute attorney Craig Kirkwood in place of Jay A. Jerde [21-2] and substituting attorney (cc: all counsel mld 7/1/03) (jlg) (Entered: 07/01/2003)

July 1, 2003

July 1, 2003

PACER
24

ORDER DISMISSING COMPLAINT AND GRANTING PLAINTIFF LEAVE TO FILE AMENDED COMPLAINT by the Honorable Clarence A Brimmer; denying as moot defendants' 9 Motion for Judgment on the pleadings, plaintiff's complaint is dismissed and plaintiff's request to file an amended complaint is granted; plaintiff shall have 30 days from date of this order to file an amended complaint and shall have 30 days for limited discovery; defendants shall have 15 days to answer or otherwise plead (cc: all counsel on 7/18/2003).(dn, ) (Entered: 07/21/2003)

July 18, 2003

July 18, 2003

PACER
25

JOINT MOTION to Vacate Scheduling Order by Defendants Nola Blackburn, Wyoming Department of Corrections Women's Center Warden ; Judy Uphoff, WYDOC Director ; Wyoming Department of Corrections Division of Prisons Women's Center and Plaintiff Miki Ann Dimarco (dn, ) (Entered: 07/25/2003)

July 24, 2003

July 24, 2003

PACER
26

STIPULATED MOTION for Extension of Time for Discovery and to File Amended Complaint by Plaintiff Miki Ann Dimarco (dn, ) (Entered: 07/30/2003)

July 29, 2003

July 29, 2003

PACER
27

NOTICE of Scheduling Conference; Second Scheduling Conference set for 8/5/2003 at 09:00 AM in Cheyenne before Honorable William C Beaman. (cc: all counsel on 7/30/2003 by fax.)(dn, ) (Entered: 07/31/2003)

July 30, 2003

July 30, 2003

PACER

Initial Pretrial Held. (jg, )

Aug. 5, 2003

Aug. 5, 2003

PACER

Scheduling Conference Held. (jg, )

Aug. 5, 2003

Aug. 5, 2003

PACER
28

VERIFIED AMENDED COMPLAINT against Defendant Nola Blackburn, Judy Uphoff, WYDOC Director, Wyoming Department of Corrections Division of Prisons Women's Center, Wyoming Department of Corrections Women's Center Warden, filed by Miki Ann Dimarco.(mmr, ) (Entered: 08/12/2003)

Aug. 11, 2003

Aug. 11, 2003

PACER
29

ORDER ON SECOND SCHEDULING CONFERENCE: Motions filing deadline 9/3/2003. Motion response deadline 9/9/2003. Dispositive Motions Hearing set for 9/12/2003 09:30 AM in Cheyenne before Honorable Clarence A Brimmer. Expert Witness Designation-plaintiff completed. Expert Witness Designation-Defendant deadline 10/17/2003. Discovery due by 10/31/2003. Stipulation Deadline 11/7/2003. All other deadlines to remain the sameby the Honorable William C Beaman.(cc: all counsel on 8/13/03.)(jlg, ) (Entered: 08/13/2003)

Aug. 12, 2003

Aug. 12, 2003

PACER
30

Praecipe for 5 summons/subpoenas for Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 08/14/2003)

Aug. 13, 2003

Aug. 13, 2003

PACER
31

MOTION for Hampton M Young Jr to appear pro hac vice; Check not tendered; by Plaintiff Miki Ann Dimarco referred to the Honorable William C Beaman. (Proposed order submitted) (jlg, ) (Entered: 08/22/2003)

Aug. 21, 2003

Aug. 21, 2003

PACER
32

ORDER by the Honorable William C Beaman granting 31 Motion to appear pro hac vice admitting Hampton M Young for plaintiff Miki Ann Dimarco (cc: all counsel on 8/26/2003).(dn, ) (Entered: 08/26/2003)

Aug. 25, 2003

Aug. 25, 2003

PACER
33

ANSWER with affirmative defenses to Verified Amended Complaint by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff and Wyoming Department of Corrections Division of Prisons Women's Center.(dn, ) (Entered: 09/04/2003)

Sept. 2, 2003

Sept. 2, 2003

PACER
34

MOTION for Extension of Time by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center referred to the Honorable William C Beaman. (Proposed order submitted) (jlg, ) (Entered: 09/05/2003)

Sept. 4, 2003

Sept. 4, 2003

PACER
35

AFFIDAVIT of Craig E Kirkwood in Support of 34 MOTION for Extension of Time filed by Defendants Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center. (jlg, ) (Entered: 09/05/2003)

Sept. 4, 2003

Sept. 4, 2003

PACER
36

SUMMONS Returned Executed by Miki Ann Dimarco. Donna Lloyd served on 8/15/2003, answer due 9/4/2003. (mmr, ) (Entered: 09/08/2003)

Sept. 5, 2003

Sept. 5, 2003

PACER
37

SUMMONS Returned Executed by Miki Ann Dimarco. Karen Rea served on 8/15/2003, answer due 9/4/2003. (mmr, ) (Entered: 09/08/2003)

Sept. 5, 2003

Sept. 5, 2003

PACER
38

SUMMONS Returned Executed by Miki Ann Dimarco. Nola Blackburn served on 8/15/2003, answer due 9/4/2003. (mmr, ) (Entered: 09/08/2003)

Sept. 5, 2003

Sept. 5, 2003

PACER
39

SUMMONS Returned Executed by Miki Ann Dimarco. Judy Uphoff served on 8/17/2003, answer due 9/6/2003. (mmr, ) (Entered: 09/08/2003)

Sept. 5, 2003

Sept. 5, 2003

PACER
40

SUMMONS Returned Executed by Miki Ann Dimarco. Viki McKinney served on 8/15/2003, answer due 9/4/2003. (mmr, ) (Entered: 09/08/2003)

Sept. 5, 2003

Sept. 5, 2003

PACER
41

ORDER by the Honorable Clarence A Brimmer granting 34 defendants' Motion for Extension of Time to file dispositive motions (cc: all counsel on 9/10/2003).(dn, ) (Entered: 09/10/2003)

Sept. 9, 2003

Sept. 9, 2003

PACER
42

MOTION for Judgment on the Pleadings, or in the alternative, MOTION for Summary Judgment by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff and Wyoming Department of Corrections Division of Prisons Women's Center (dn, ) (Entered: 09/10/2003)

Sept. 9, 2003

Sept. 9, 2003

PACER
43

MEMORANDUM in Support of 42 MOTION for Judgment on the Pleadings, or in the alternative, MOTION for Summary Judgment by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff and Wyoming Department of Corrections Division of Prisons Women's Center. (dn, ) (Entered: 09/10/2003)

Sept. 9, 2003

Sept. 9, 2003

PACER
44

PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW re 42 MOTION for Judgment on the Pleadings, or in the alternative, MOTION for Summary Judgment by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff and Wyoming Department of Corrections Division of Prisons Women's Center. (dn, ) (Entered: 09/10/2003)

Sept. 9, 2003

Sept. 9, 2003

PACER
45

NOTICE Re-setting Hearing on Motion re 42 MOTION for Judgment on the Pleadings or in the alternative MOTION for Summary Judgment : Motion Hearing re-set from 9/12/2003 to 10/15/2003 at 9:15 AM in Cheyenne before Honorable Clarence A Brimmer. (cc: all counsel on 9/11/2003 by fax.)(dn, ) (Entered: 09/12/2003)

Sept. 11, 2003

Sept. 11, 2003

PACER
46

STIPULATED MOTION for Extension of Time To Respond To The States' Motion For Summary Judgment On The Pleadings Or, In The Alternative, For Summary Judgment by Plaintiff Miki Ann Dimarco referred to the Honorable William C Beaman. (Proposed order submitted) (mmr, ) Modified on 9/16/2003 (mb, ). (Entered: 09/12/2003)

Sept. 11, 2003

Sept. 11, 2003

PACER
47

MEMORANDUM in Opposition to 42 MOTION for Judgment on the Pleadings, or in the alternative, MOTION for Summary Judgment by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff and Wyoming Department of Corrections Division of Prisons Women's Center (dn, ) filed by Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 09/15/2003)

Sept. 12, 2003

Sept. 12, 2003

PACER
48

NOTICE of Attorney Appearance by Norman A Newlon on behalf of Miki Ann Dimarco (mmr, ) (Entered: 09/15/2003)

Sept. 12, 2003

Sept. 12, 2003

PACER
49

ORDER by the Honorable William C Beaman granting 46 Motion for Extension of Time to respond to defendants' motion for judgment on the pleadings, or in the alternative, motion for summary judgment; plaintiff's response is due by 9/12/03 (cc: all counsel on 9/16/03).(sjlg, ) (Entered: 09/16/2003)

Sept. 16, 2003

Sept. 16, 2003

PACER
50

Praecipe for Alias Summons for Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 09/17/2003)

Sept. 16, 2003

Sept. 16, 2003

PACER
51

MOTION to Compel answers to interrogatories and responses to requests for production by Plaintiff Miki Ann Dimarco referred to the Honorable William C Beaman. (Proposed order submitted) (mmr, ) (Entered: 09/22/2003)

Sept. 19, 2003

Sept. 19, 2003

PACER
52

NOTICE of Additional Authority by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff and Wyoming Department of Corrections Division of Prisons Women's Center re 42 MOTION for Summary Judgment (dn, ) (Entered: 09/22/2003)

Sept. 19, 2003

Sept. 19, 2003

PACER
53

MOTION to Withdraw 51 MOTION to Compel Discovery by Plaintiff Miki Ann Dimarco referred to the Honorable William C Beaman. (Proposed order submitted) (mmr, ) (Entered: 09/24/2003)

Sept. 24, 2003

Sept. 24, 2003

PACER
54

ORDER by the Honorable William C Beaman granting 53 Motion to Withdraw Motion to Compel Discovery; plaintiff may re-file motion if discovery is not provided by 10/10/2003. (cc: all counsel on 9/26/2003).(dn, ) Modified on 10/2/2003 (dn, ). (Entered: 09/26/2003)

Sept. 26, 2003

Sept. 26, 2003

PACER
55

NOTICE to Take Deposition Duces Tecum of Carlton D. Huitt by Plaintiff Miki Ann Dimarco. (mmr, ) Modified on 9/30/2003 (mmr, ). (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
56

NOTICE to Take Deposition Duces Tecum of Victoria M. "Tori" Towers by Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
57

NOTICE to Take Deposition Duces Tecum of Laurie Lee Crawford by Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
58

NOTICE to Take Deposition Duces Tecum of Leon Chamberlain by Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
59

NOTICE to Take Deposition Duces Tecum of Nola Blackburn by Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
60

NOTICE to Take Deposition Duces Tecum of Donna Lloyd by Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
61

NOTICE to Take Deposition Duces Tecum of Darlene Rea by Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
62

NOTICE to Take Deposition Duces Tecum of Victoria McKinney by Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
63

APPLICATION FOR DEFAULT against Donna Lloyd by Plaintiff Miki Ann Dimarco. (mmr, ) Modified on 9/30/2003 (mmr, ). (Entered: 09/30/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
64

ENTRY OF DEFAULT Filed against Donna Lloyd (cc:all Counsel and certified mail to Donna Lloyd from CPR 10/1/03) (mmr, ) Modified on 10/1/2003 (mmr, ). (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
65

REQUEST for Entry of Default against Vicki McKinney. (mmr, ) (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
66

ENTRY OF DEFAULT Filed against Vicki McKinney (cc:all Counsel and certified mail to Vicki McKinney from CPR 10/1/03) (mmr, ) Modified on 10/1/2003 (mmr, ). (Entered: 10/01/2003)

Sept. 30, 2003

Sept. 30, 2003

PACER
67

OBJECTIONS to the terms of 54 ORDER by the Honorable William C Beaman granting 53 Motion to Withdraw Motion to Compel Discovery; plaintiff may re-file motion if discovery is not provided by 10/10/2003. (cc: all counsel on 9/26/2003).(dn, ) Modified on 10/2/2003 (dn, ). filed by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center. (js, ) (Entered: 10/06/2003)

Oct. 3, 2003

Oct. 3, 2003

PACER
68

NOTICE of defendants' clarification of motion to withdraw requests for default and entries of default by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center (js, ) (Entered: 10/06/2003)

Oct. 3, 2003

Oct. 3, 2003

PACER
69

WITHDRAWAL OF ENTRIES OF DEFAULT re 64 Entry of Default against Donna Lloyd and 66 Entry of Default against Vicki McKinneyby the Clerk of Court.(cc: all counsel on 10/9/2003.)(dn, ) (Entered: 10/09/2003)

Oct. 7, 2003

Oct. 7, 2003

PACER
70

Minutes: Motion Hearing held on 10/15/2003, taking under advisement 42 Motion for Summary Judgment. (Court Reporter Mullivan.)(jl, ) (Entered: 10/15/2003)

Oct. 15, 2003

Oct. 15, 2003

PACER
71

EXHIBIT in reference to 47 MEMORANDUM in Opposition to 42 MOTION for Judgment on the Pleadings, or in the alternative, MOTION for Summary Judgment by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff and Wyoming Department of Corrections Division of Prisons Women's Center (dn, ) filed by Plaintiff Miki Ann Dimarco. (mmr, ) filed by Plaintiff Miki Ann Dimarco. Related document: 47 Memorandum in Opposition to Motion, filed by Miki Ann Dimarco.(sh, ) (Entered: 10/16/2003)

Oct. 15, 2003

Oct. 15, 2003

PACER
72

ANSWER and Affirmative Defenses of Defendant Darlene Rea, Improperly Named Karen Rea, to plaintiff's verified amended complaint.(sjlg, ) Modified on 10/27/2003 (sjlg, ). (Entered: 10/20/2003)

Oct. 16, 2003

Oct. 16, 2003

PACER
73

Designation of Expert Witnesses by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center. (sjlg, ) (Entered: 10/20/2003)

Oct. 17, 2003

Oct. 17, 2003

PACER
74

Witness List by plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 10/24/2003)

Oct. 23, 2003

Oct. 23, 2003

PACER
75

FINAL PRETRIAL MEMORANDUM by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center. (jlg, ) (Entered: 11/07/2003)

Nov. 6, 2003

Nov. 6, 2003

PACER
76

STIPULATION OF FACTS filed by defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff and Wyoming Department of Corrections Division of Prisons Women's Center. (dn, ) (Entered: 11/10/2003)

Nov. 7, 2003

Nov. 7, 2003

PACER
77

PRETRIAL MEMORANDUM by Plaintiff Miki Ann Dimarco. (jg, ) (Entered: 11/10/2003)

Nov. 10, 2003

Nov. 10, 2003

PACER
78

ORDER by the Honorable Clarence A Brimmer granting in part and denying in part 42 Motion for Judgment, granting in part and denying in part 42 Motion for Summary Judgment (cc: all counsel on 11/12/03).(he, ) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

Clearinghouse
79

PROPOSALS FOR STIPULATION OF FACTS filed by Miki Ann Dimarco. (jg, ) (Entered: 11/12/2003)

Nov. 12, 2003

Nov. 12, 2003

PACER
80

REQUEST(Motion) for mediation or Pre-Trial Settlement Conference by Plaintiff Miki Ann Dimarco (proposed order requested) referred to the Honorable William C Beaman. (mmr, ) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
81

NOTICE to Take Deposition Duces Tecum of Laurie Lee Crawford by Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
82

NOTICE of filing "Synopsis of the Deposition of Plaintiff Nola Blackburn" by Plaintiff Miki Ann Dimarco (mmr, ) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
83

NOTICE of filing "Synopsis of the Depositon of Plaintiff Miki Ann Demarco" by Plaintiff Miki Ann Dimarco (mmr, ) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
84

NOTICE of filing "Synopsis of the Deposition of Carlton Huitt MD" by Plaintiff Miki Ann Dimarco (mmr, ) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

PACER
85

FINAL PRETRIAL ORDER Bench Trial set for 1/20/2004 09:30 AM in Cheyenne /4days before Honorable Clarence A Brimmer.by the Honorable Clarence A Brimmer.(cc: all counsel on 11/17/03.)(js, ) (Entered: 11/17/2003)

Nov. 14, 2003

Nov. 14, 2003

PACER
86

Designation of Additional Expert Witness by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff and Wyoming Department of Corrections Division of Prisons Women's Center. (dn, ) (Entered: 12/01/2003)

Nov. 26, 2003

Nov. 26, 2003

PACER
87

NOTIFICATION OF ADDITIONAL WITNESS by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center (js, ) (Entered: 12/02/2003)

Dec. 1, 2003

Dec. 1, 2003

PACER
88

ORDER RULING ON PLAINTIFF'S 80 Motion for Mediation or Pretrial Settlement Conference by the Honorable William C Beaman ; motion is denied.(cc: all counsel on 12/3/2003.)(dn, ) (Entered: 12/03/2003)

Dec. 2, 2003

Dec. 2, 2003

PACER
89

MOTION to Compel or motion in re contempt by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center (Proposed order submitted) (js, ) (Entered: 12/09/2003)

Dec. 8, 2003

Dec. 8, 2003

PACER
93

OPPOSITION to 89 MOTION to Compel or motion in re contempt by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center (Proposed order submitted) (js, ), filed by Plaintiff Miki Ann Dimarco. (mmr, ) (Entered: 12/18/2003)

Dec. 17, 2003

Dec. 17, 2003

PACER
90

NOTICE OF ADDITIONAL EXHIBITS filed by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center. (js, ) (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

PACER
91

NOTICE of additional testimony of witness by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center (js, ) (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

PACER
92

NOTICE of Supplemental Designation of testimony of the additional expert witness by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center. (js, ) (Entered: 12/18/2003)

Dec. 18, 2003

Dec. 18, 2003

PACER
94

MOTION to Sanction party in re: contempt by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center referred to the Honorable William C Beaman. (Proposed order submitted) (sjlg, ) Additional attachment(s) added on 1/30/2004 (sjs, ). (Entered: 12/22/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER
95

REPLY to 93 OPPOSITION to 89 MOTION to Compel or motion in re contempt filed by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center. (sjlg, ) Additional attachment(s) added on 2/2/2004 (js, ). (Entered: 12/22/2003)

Dec. 19, 2003

Dec. 19, 2003

PACER
96

ORDER by the Honorable William C Beaman denying 89 Motion to Compel, or Moion in re Contempt (cc: all counsel 12/31/2003).(sh, ) (Entered: 12/31/2003)

Dec. 31, 2003

Dec. 31, 2003

PACER
97

MOTION for Extension of Time for deposition of expert by Defendants Nola Blackburn, Donna Lloyd, Viki McKinney, Karen Rea, Judy Uphoff, Wyoming Department of Corrections Division of Prisons Women's Center referred to the Honorable William C Beaman. (jlg, ) (Entered: 01/05/2004)

Dec. 31, 2003

Dec. 31, 2003

PACER

Case Details

State / Territory: Wyoming

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: Jan. 24, 2003

Closing Date: Jan. 24, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A formerly incarcerated individual who was placed in solitary confinement solely due to her intersex traits. The putative class included all intersex persons incarcerated in Wyoming Department of Corrections facilities.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Wyoming Department of Corrections, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Disability and Disability Rights:

disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Gender identity

Sex discrimination

Affected Sex/Gender(s):

Intersex

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Confinement/isolation

Library (non-law) access

Protective custody

Solitary confinement/Supermax (conditions or process)

Visiting