Case: Hersom v. Crouch

2:21-cv-00450 | U.S. District Court for the Southern District of West Virginia

Filed Date: Aug. 12, 2021

Closed Date: Oct. 26, 2022

Clearinghouse coding complete

Case Summary

After two transgender men were denied amendments of the gender marker on their birth certificates to match their gender identity, they filed this lawsuit on August 12, 2021 in the U.S. District Court for the Southern District of West Virginia. Plaintiffs, represented by the American Civil Liberties Union of West Virginia Foundation, and the LGBTQ+ Advocacy Clinic part of the WilmerHale Legal Services Center of Harvard Law School, sued the Cabinet Secretary and Commissioner of the West Virginia …

After two transgender men were denied amendments of the gender marker on their birth certificates to match their gender identity, they filed this lawsuit on August 12, 2021 in the U.S. District Court for the Southern District of West Virginia. Plaintiffs, represented by the American Civil Liberties Union of West Virginia Foundation, and the LGBTQ+ Advocacy Clinic part of the WilmerHale Legal Services Center of Harvard Law School, sued the Cabinet Secretary and Commissioner of the West Virginia Department of Health and Human Resources and the State Registrar for Vital Statistics under 42 U.S.C. § 1983. Specifically, Plaintiffs alleged violation of the Equal Protection Clause because Defendants’ policy discriminated against transgender people on the basis of sex and transgender status. They further alleged violation of the Due Process Clause because that policy violated privacy rights of transgender individuals by forcing them to involuntarily disclose their transgender status. Finally, Plaintiffs alleged a First Amendment violation because the policy forced transgender individuals to “identify themselves with a gender and a name that fundamentally conflict[ed] with the core of who they know themselves to be.” Compl. ¶ 110. Plaintiffs sought declaratory judgment, injunctive relief, and costs, expenses, and reasonable attorneys’ fees. The case was assigned to Chief United States District Judge Thomas E. Johnston. 

In West Virginia, the procedure to change a birth certificate was governed by rules promulgated by the Department of Health and Human Resources (“DHHR”). The DHHR allowed individuals to change the name on their birth certificate by providing proof of their legal name change or proof that the name as written was wrong. With proof, the DHHR issued an updated birth certificate with the original name crossed out and the new name written above it. The DHHR required a West Virginia circuit court order to modify the gender marker on a birth certificate. Obtaining such an order was, however, impossible: on June 18, 2020, the Supreme Court of Appeals of West Virginia ruled that state law did not grant circuit courts authority to amend gender markers on birth certificates. See In re G.M., 2020 WL 3408589, *3 (W. Va. 2020).

Plaintiffs argued that the DHHR’s policies revealed a person’s transgender status both through the name change cross-out policy and the refusal to update the gender marker. 

On July 20, 2022, parties filed a joint motion to hold this matter in abeyance and stay all deadlines pending the negotiation of a settlement agreement. After the West Virginia Department of Health and Human Resources’ Vital Registration Office adopted a new policy that materially affected and substantially addressed Plaintiffs’ claims, Plaintiffs sent Defendants a proposed settlement agreement resolving all issues. The new policy, adopted in May 2022, changed the name amendment method by ceasing use of the strike-through method and additionally removed the court order requirement for transgender applicants seeking gender marker amendments. On July 22, 2022, the Court granted the joint motion to hold the matter in abeyance through August 22, 2022.

Defendants communicated a counteroffer to Plaintiffs’ proposed settlement amount on August 18, 2022 and Plaintiffs accepted the counteroffer on August 22, 2022. 

Two days later, the parties notified the Court that they had reached a settlement in principle and requested that the Court continue to hold the matter in abeyance to facilitate finalization and execution of the settlement agreement. The Court granted the parties’ request and extended the abeyance until October 28, 2022. 

Defendants agreed to pay a settlement amount of $50,400.00 in full satisfaction of Plaintiffs’ counsel's reasonable attorneys’ fees, costs and expenses. As part of the settlement agreement terms, Plaintiffs dismissed this lawsuit on October 26, 2022. 

Summary Authors

Raquel Winer (9/4/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60178151/parties/hersom-v-crouch/


Judge(s)

Goodwin, Joseph Robert (West Virginia)

Attorney for Plaintiff

Brown, Meredith Taylor (West Virginia)

Chen, Alexander (West Virginia)

Attorney for Defendant

Capehart, Curtis R. (West Virginia)

Compton, Steven Ray (West Virginia)

Documents in the Clearinghouse

Documents in this case
1

2:21-cv-00450

Complaint for Declaratory, Injunctive, and Other Relief

Aug. 12, 2021

Aug. 12, 2021

Complaint
37

2:21-cv-00450

Order

July 22, 2022

July 22, 2022

Order/Opinion
39

2:21-cv-00450

Order

Aug. 29, 2022

Aug. 29, 2022

Order/Opinion
45

2:21-cv-00450

Joint Status Report

Oct. 26, 2022

Oct. 26, 2022

Pleading / Motion / Brief
46

2:21-cv-00450

Order

Oct. 26, 2022

Oct. 26, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60178151/hersom-v-crouch/

Last updated Sept. 15, 2026, 4:09 p.m.

Docket for: Hersom v. Crouch
ECF Number Date Description Link
1 Aug. 12, 2021

COMPLAINT FOR DECLARATORY, INJUNCTIVE, AND OTHER RELIEF. Filing Fee $402.00. Receipt # AWVSDC-8009016. (Attachments: # 1 Proposed Summons as to Bill Crouch, # 2 Proposed Summons as to Ayne Amjad, # 3 Proposed Summons as to Matthew Wickert, # 4 Civil Cover Sheet) (mms)

1 Proposed Summons as to Bill Crouch

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2 Proposed Summons as to Ayne Amjad

View on PACER

3 Proposed Summons as to Matthew Wickert

View on PACER

4 Civil Cover Sheet

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Clearinghouse
2 Aug. 12, 2021

MOTION by John Doe for Protective Order and Leave to Proceed Anonymously. (Attachment: # 1 Proposed Order of Protection Allowing Plaintiff John Doe to Proceed Anonymously) (mms)

1 Proposed Order of Protection Allowing Plaintiff John Doe to Proceed Anonymously

View on RECAP

RECAP
3 Aug. 12, 2021

ELECTRONIC SUMMONS ISSUED as to Bill J. Crouch, Ayne Amjad, and Matthew Wickert, re: 1 Complaint for Declaratory, Injuctive and Other Relief. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: # 1 Summons as to Ayne Amjad, # 2 Summons as to Matthew Wickert) (mms)

RECAP
Aug. 12, 2021

Case Assigned

Aug. 12, 2021

CASE assigned to Chief Judge Thomas E. Johnston. (klc)

4 Aug. 13, 2021

STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)

RECAP
Aug. 13, 2021

Case Assigned

5 Aug. 16, 2021

CLERK'S ORDER REASSIGNING CASE. For reasons appearing to the court, this case is reassigned from Judge Thomas E. Johnston to Judge Joseph R. Goodwin. Signed by Clerk of Court Rory L. Perry II on 8/16/2021. (cc: Judge Johnston; Judge Goodwin; counsel of record; any unrepresented party) (klc)

RECAP
6 Aug. 18, 2021

SUMMONS RETURNED EXECUTED for Bill J. Crouch, re: 1 Complaint and 2 Motion for Protective Order. Bill J. Crouch served on 8/18/2021, answer due 9/8/2021. (Stark, Loree)

RECAP
7 Aug. 18, 2021

SUMMONS RETURNED EXECUTED for Ayne Amjad, re: 1 Complaint and 2 Motion for Protective Order. Ayne Amjad served on 8/18/2021, answer due 9/8/2021. (Stark, Loree)

RECAP
8 Aug. 18, 2021

SUMMONS RETURNED EXECUTED for Matthew Wickert, re: 1 Complaint and 2 Motion for Protective Order. Matthew Wickert served on 8/18/2021, answer due 9/8/2021. (Stark, Loree)

RECAP
9 Aug. 18, 2021

STATEMENT OF VISITING ATTORNEY from Malita Picasso on behalf of John Doe, Xavier Hersom. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-8013561. (Stark, Loree)

RECAP
10 Aug. 18, 2021

PROOF/CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for Complaint and Initial Pleadings. (Stark, Loree)

RECAP
11 Aug. 23, 2021

STATEMENT OF VISITING ATTORNEY from Meredith Taylor Brown on behalf of John Doe, Xavier Hersom. Local counsel: Loree Stark. Fee $50.00. Receipt # AWVSDC-8016178. (Stark, Loree)

RECAP
12 Sept. 8, 2021

ANSWER TO 1 Complaint with Jury Demand by Ayne Amjad, Bill J. Crouch, Matthew Wickert. (Capehart, Curtis) (Modified on 9/9/2021 to add jury demand) (kew).

RECAP
13 Sept. 9, 2021

ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 9/30/2021. Last day for Rule 26(f) meeting - 10/13/2021. Last day to file report of Rule 26(f) meeting - 10/20/2021. Scheduling Conference at 9:00 a.m., on 11/3/2021 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 11/8/2021. Last day to make Rule 26(a)(1) disclosures - 11/15/2021. Signed by Judge Joseph R. Goodwin on 9/9/2021. (cc: counsel of record; any unrepresented parties) (lca)

RECAP
14 Sept. 22, 2021

STATEMENT OF VISITING ATTORNEY from Alexander Chen on behalf of Xavier Hersom, John Doe. Local counsel: Loree Stark. Receipt # AWVSDC-8038297. (ts)

RECAP
15 Oct. 20, 2021

RULE 26(f) REPORT OF PLANNING MEETING by Xavier Hersom, John Doe, Bill J. Crouch, Ayne Amjad, Matthew Wickert. (Stark, Loree) (Modified on 10/21/2021 to add party filers) (kew).

RECAP
16 Oct. 21, 2021

SCHEDULING ORDER directing that the scheduling conference is cancelled and that this case shall proceed as follows: Amendment of pleadings and joinder of parties - 12/30/2021. Deadline for written discovery requests - 3/15/2022. Expert disclosure by party with burden of proof - 2/28/2022. Expert disclosure by opposing party - 3/30/2022. Expert disclosure for rebuttal purposes - 4/15/2022. Deposition deadline and close of discovery - 4/29/2022. Filing of dispositive motions - 5/19/2022. Responses to dispositive motions - 6/2/2022. Reply to response to dispositive motion - 6/9/2022. Hearing on motions for summary judgment on 7/11/2022 at 11:00 AM. Settlement meeting and mediation deadline - 7/20/2022. Filing of motions in limine - 7/27/2022. Responses to motions in limine - 8/3/2022. Plaintiff draft of pretrial order to defendant - 7/25/2022. Integrated pretrial order filed by defendant - 8/1/2022. Pretrial conference on 8/10/2022 at 10:00 AM. Proposed jury instructions filed - 8/16/2022. Final settlement conference on 8/22/2022 at 9:00 AM. Trial on 8/23/2022 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 10/21/2021. (cc: counsel of record; any unrepresented parties) (ts)

RECAP
17 Oct. 28, 2021

CERTIFICATE OF SERVICE by Ayne Amjad, Bill J. Crouch, Matthew Wickert for Rule 26(a)(1) Disclosures. (Capehart, Curtis)

RECAP
18 Oct. 29, 2021

CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for Rule 26(a)(1) Disclosures. (Stark, Loree)

RECAP
19 Nov. 22, 2021

CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for Interrogatories and Requests for Production. (Stark, Loree)

RECAP
20 Jan. 14, 2022

CERTIFICATE OF SERVICE by Ayne Amjad, Bill J. Crouch, Matthew Wickert for Responses to First Set of Interrogatories. (Capehart, Curtis)

RECAP
21 Jan. 14, 2022

CERTIFICATE OF SERVICE by Ayne Amjad, Bill J. Crouch, Matthew Wickert for Responses to First Set of Requests for Production. (Capehart, Curtis)

RECAP
22 Feb. 7, 2022

NOTICE OF APPEARANCE by Nicholas Ward on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

RECAP
23 Feb. 17, 2022

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Loree Beth Stark updating name and/or firm information on behalf of Xavier Hersom, John Doe. (Stark, Loree)

RECAP
24 March 3, 2022

CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for Rule Initial Designation of Expert Witnesses. (Stark, Loree)

RECAP
25 March 17, 2022

CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for Notice of Deposition to All Defendants Pursuant to Fed. R. Civ. P. 30(b)(6). (Stark, Loree)

RECAP
26 March 17, 2022

CERTIFICATE OF SERVICE by Xavier Hersom, John Doe for First Set of Requests for Admission to All Defendants. (Stark, Loree)

RECAP
27 March 28, 2022

MEMORANDUM OPINION AND ORDER granting Plaintiff John Doe's 2 Motion to Proceed Anonymously. Signed by Judge Joseph R. Goodwin on 3/28/2022. (cc: counsel of record; any unrepresented party) (btm)

Clearinghouse
28 March 28, 2022

ORDER directing that Plaintiff John Doe is permitted to bring this action as John Doe to protect his identity from public disclosure; in all publicly-filed documents, Plaintiff John Doe shall only be identified as John Doe; all documents filed with this court that contain the actual name of Plaintiff John Doe or contain information that identifies him, directly or indirectly, shall be filed under seal; upon request, Plaintiff John Doe shall disclose his identity to counsel for Defendants; counsel for Defendants may disclose Plaintiff John Does identity to the Defendants, their agents, and to any experts retained in this case, but only to the extent necessary to litigate this action; every individual to whom disclosure of Plaintiff John Does identity is made shall read and be bound by this Order; counsel for Defendants shall ensure that persons to whom disclosure is made under paragraphs four and five above are aware of this Order; and under no other circumstances shall any party or any other person disclose Plaintiff John Doe's identity without his counsel's written consent. Signed by Judge Joseph R. Goodwin on 3/28/2022. (cc: counsel of record; any unrepresented party) (lca)

RECAP
29 March 30, 2022

CERTIFICATE OF SERVICE by Ayne Amjad, Bill J. Crouch, Matthew Wickert for Declaration of James F. Cantor, Ph.D. (Capehart, Curtis)

RECAP
30 April 12, 2022

NOTICE OF DEPOSITION by Xavier Hersom, John Doe of Cathy Garrison on 4/27/2022 at 11:00 a.m. (Stark, Loree)

RECAP
31 April 12, 2022

NOTICE OF DEPOSITION by Xavier Hersom, John Doe of Matthew Wickert on 4/20/2022 at 11:00 a.m. (Stark, Loree)

RECAP
32 April 12, 2022

NOTICE OF DEPOSITION by Xavier Hersom, John Doe of Patty Holstein on 4/21/2022 at 11:00 a.m. (Stark, Loree)

RECAP
33 April 19, 2022

CERTIFICATE OF SERVICE by Ayne Amjad, Bill J. Crouch, Matthew Wickert for Responses to First Set of Requests for Admission. (Capehart, Curtis)

RECAP
34 April 22, 2022

JOINT MOTION by Xavier Hersom, John Doe to Extend Discovery Deadline and Modification of the Current Schedule re: 16 Scheduling Order. (Stark, Loree) (Modified on 4/22/2022 to add link to #16 scheduling order) (kew).

RECAP
35 April 25, 2022

AMENDED SCHEDULING ORDER granting the 34 Joint Motion to extend discovery deadlines and directing that this case shall proceed as follows: Deposition deadline and close of discovery - 6/30/2022. Filing of dispositive motions - 7/20/2022. Responses to dispositive motions - 8/3/2022. Reply to response to dispositive motion - 8/10/2022. Settlement meeting - 9/20/2022. Filing of motions in limine - 9/27/2022. Responses to motions in limine - 10/4/2022. Plaintiff draft of pretrial order to defendant - 9/26/2022. Integrated pretrial order filed by defendant - 10/3/2022. Pretrial conference on 10/17/2022 at 10:00 AM. Proposed jury instructions filed - 11/8/2022. Final settlement conference on 11/14/2022 at 9:30 AM. Trial on 11/15/2022 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 4/25/2022. (cc: counsel of record; any unrepresented parties) (lca)

RECAP
36 July 20, 2022

JOINT MOTION by Xavier Hersom, John Doe to Hold Matter in Abeyance. (Stark, Loree) (Modified on 7/20/2022 to replace image) (ts).

RECAP
July 20, 2022

Notice of Docket Correction

July 20, 2022

NOTICE OF DOCKET CORRECTION re: 36 Joint Motion by Xavier Hersom, John Doe to Stay. ERROR: Incorrect image attached. CORRECTION: Image replaced. (ts)

July 20, 2022

Notice Of Docket Correction

37 July 22, 2022

ORDER granting the 36 JOINT MOTION by Xavier Hersom and John Doe to Hold Matter in Abeyance; directing that this matter is held in Abeyance until 8/22/2022. Signed by Judge Joseph R. Goodwin on 7/21/2022. (cc: counsel of record; any unrepresented party) (arb)

Clearinghouse
38 Aug. 24, 2022

JOINT STATUS REPORT by Xavier Hersom, John Doe. (Stark, Loree)

RECAP
39 Aug. 29, 2022

ORDER granting the parties' 38 motion to continue holding this matter in abeyance for an additional sixty days. Accordingly, this matter is HELD IN ABEYANCE until 10/28/2022. Signed by Judge Joseph R. Goodwin on 8/29/2022. (cc: counsel of record and any unrepresented party) (arb)

Clearinghouse
40 Oct. 19, 2022

NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Alexander Chen in lieu of Loree Stark on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

RECAP
41 Oct. 19, 2022

NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Leslie Cooper in lieu of Loree Stark on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

RECAP
42 Oct. 19, 2022

NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Malita Picasso in lieu of Loree Stark on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

RECAP
43 Oct. 19, 2022

NOTICE OF SUBSTITUTION OF SPONSORING ATTORNEY by Nicholas Ward substituting as sponsoring attorney for Taylor Brown in lieu of Loree Stark on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

RECAP
44 Oct. 19, 2022

NOTICE OF CHANGE OF ATTORNEY INFORMATION by Nicholas Ward substituting within-firm representation for Loree Stark on behalf of Xavier Hersom, John Doe. (Ward, Nicholas)

RECAP
45 Oct. 26, 2022

JOINT STATUS REPORT by Xavier Hersom, John Doe. (Attachment: # 1 Exhibit A)(Ward, Nicholas)

1 Exhibit A

View on RECAP

Clearinghouse
46 Oct. 26, 2022

ORDER directing the remaining requirements of the 35 Scheduling Order be continued and the Clerk is directed to retire this action from the active docket; the parties may submit an agreed order of dismissal within sixty days of the entry of this Order, otherwise, dismissal will be without prejudice. Signed by Judge Joseph R. Goodwin on 10/26/2022. (cc: counsel of record; any unrepresented party) (ts)

Clearinghouse

Case Details

State / Territory:

West Virginia

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Aug. 12, 2021

Closing Date: Oct. 26, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals domiciled in West Virginia.

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Cabinet Secretary and Commissioner of the West Virginia Department of Health and Human Resources and the State Registrar for Vital Statistics

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Southern District of West Virginia 2:21-cv-00450

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $50,400

Issues

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Transgender: IDs

Transgender

Recommended Citation