Case: Keohane v. Jones

4:16-cv-00511 | U.S. District Court for the Northern District of Florida

Filed Date: Aug. 15, 2016

Closed Date: Nov. 17, 2021

Clearinghouse coding complete

Case Summary

This is a case about access to gender affirming care in Florida prisons. The plaintiff was a transgender woman imprisoned in a men's correctional facility in the custody of the Florida Department of Corrections (“FDOC”). On August 15, 2016, the plaintiff filed this suit in the U.S. District Court for the Northern District of Florida against the Secretary of the FDOC, an FDOC medical official, and the warden and medical director of the prison in which the plaintiff was incarcerated. Represented …

This is a case about access to gender affirming care in Florida prisons. The plaintiff was a transgender woman imprisoned in a men's correctional facility in the custody of the Florida Department of Corrections (“FDOC”). On August 15, 2016, the plaintiff filed this suit in the U.S. District Court for the Northern District of Florida against the Secretary of the FDOC, an FDOC medical official, and the warden and medical director of the prison in which the plaintiff was incarcerated. Represented by the American Civil Liberties Union (ACLU), the plaintiff brought claims under 42 U.S.C. § 1983, alleging that the defendants had violated the Eighth Amendment by denying her medically necessary care.

The plaintiff sought declaratory and injunctive relief, specifically requesting that the defendants (1) provide her with medically necessary hormone therapy and (2) allow her access to women's clothing and grooming standards. She also sought a declaration that FDOC’s treatment violated the Eighth Amendment and a permanent injunction to enjoin the FDOC from enforcing rules that limit treatment for individuals with gender dysphoria. Additionally, she requested nominal damages of $1 and attorneys’ fees. Chief Judge Mark E. Walker presided.

At the time of this suit, the FDOC had a “freeze frame” policy for inmates with gender dysphoria, where the medical care of inmates was determined by specific treatment they received in the past, rather than based on their current medical needs. Since the plaintiff was not receiving hormone therapy at the time she was “received by the FDOC” (because she was previously detained at Lee County Jail), she was not provided any treatment under the policy. The plaintiff alleged that due to the lack of treatment, she suffered severe psychological distress and physical harm, including several suicide attempts and attempts to self-castrate. Plaintiff filed grievances with FDOC personnel, but all were denied.

The same day the plaintiff filed her complaint, she filed a motion for preliminary injunction to require FDOC to provide her with hormone therapy and access to women's clothing and grooming standards. The court denied this motion October 19, 2016, ruling that plaintiff failed to show she would likely suffer irreparable harm absent an injunction. This was in part due to the FDOC's actions, as soon after the lawsuit was filed the FDOC started providing hormone therapy to the plaintiff and formally ended its "freeze frame" policy.

On September 12, 2016, the FDOC filed a motion to dismiss for failure to state a claim. The court partially granted this motion on October 19, and two defendants were dismissed from the case. On February 21, 2017, the plaintiff filed a motion to dismiss another defendant, and the next day, the court granted the request. At this point only one defendant, the Secretary of the FDOC, remained.

On April 18, 2017, the plaintiff filed an emergency motion for a temporary restraining order, alleging that after being transferred to another prison she had been denied access to hormone therapy and had her hair forcibly cut. Ultimately, the court entered an order based on agreement from the parties that FDOC would not forcibly cut the plaintiff's hair as long as its length complied with FDOC guidelines. The parties also later filed a status report indicating that the plaintiff had been provided access to hormone therapy again.

On June 12, 2017, the FDOC filed a motion for summary judgment, but the court denied the motion on July 5, finding that a genuine issue of material existed as to whether the FDOC was “deliberately indifferent” to plaintiff’s serious medical need, as required for an Eighth Amendment claim.

A two-day bench trial was held on July 19 and 20, 2017, and on August 22, 2018, the district court issued a ruling on the merits in favor of the plaintiff. 328 F.Supp.3d 1288. Specifically, the court held that the FDOC’s freeze-frame policy was unconstitutional because it functioned as a “blanket ban” on “medically necessary care,” and permanently enjoined the FDOC from reenacting or enforcing the policy. The court also required the FDOC to continue providing the plaintiff with hormone therapy and held that the FDOC’s previous denial of treatment constituted an Eighth Amendment violation. The court decided the issue was not moot, as the FDOC appeared to have only ended the "freeze frame" policy in order to eliminate jurisdiction over the lawsuit. The court concluded that an injunction was necessary given the FDOC’s prior minimization of the plaintiff's condition. Finally, the court issued a permanent injunction requiring FDOC to permit the plaintiff to socially transition by providing access to female clothing and grooming standards.

On September 21, 2018, the FDOC appealed the case to the U.S. Court of Appeals for the Eleventh Circuit. On March 11, 2020, the Eleventh Circuit vacated the district court’s order, reversed it in part, and dismissed in part due to mootness. 952 F.3d 1257. Judge Newsom, writing for a majority of the panel, held that the claims relating to the prior freeze-frame policy and initial denial of hormone therapy were moot. He emphasized that the FDOC formally rescinded their policy and replaced it with a new one that properly addressed inmates’ medical needs, and that the plaintiff had been receiving hormone therapy starting two weeks after she filed the complaint. Lastly, the court reversed the district court’s finding of an Eighth Amendment violation, determining that the FDOC had not acted with deliberate indifference since there was a divide in the medical expert field over the medical necessity of hormone therapy and social transitioning. The Eleventh Circuit declined to rehear the appeal en banc on December 3, 2020. 981 F.3d 994.

Back in the district court, on December 17, 2020, Chief Judge Walker entered an order vacating the earlier judgment and dismissed the plaintiffs’ claims with prejudice. The Supreme Court declined to hear the case on October 4, 2021.

The FDOC filed a motion to tax costs, and on November 17, 2021, the court partially granted the motion, finding that the FDOC was entitled to receive costs up to $13,356.43. That same day, the case was closed.

Related Case:

On October 25, 2024, the ACLU filed a separate lawsuit (see Keohane vs. Dixon) on behalf of the plaintiff in this case and a proposed class of transgender inmates with gender dysphoria as a result of a recent policy change by the FDOC. The challenged policy threatened to end gender-affirming medical care and prevented transgender inmates from having access to clothing and grooming standards that accorded with their gender identity. Check the Clearinghouse page for that case for all further developments.

Summary Authors

Maddie Mitzner (2/25/2025)

Related Cases

Keohane v. Dixon, Northern District of Florida (2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7721893/parties/keohane-v-jones/


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Documents in the Clearinghouse

Document
1

4:16-cv-00511

Complaint for Declaratory and Injunctive Relief

Aug. 15, 2016

Aug. 15, 2016

Complaint
50

4:16-cv-00511

Order Granting in Part & Denying in Part the Motions to Dismiss

Oct. 19, 2016

Oct. 19, 2016

Order/Opinion
171

4:16-cv-00511

Order on the Merits

Aug. 22, 2018

Aug. 22, 2018

Order/Opinion

328 F.Supp.3d 1288

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7721893/keohane-v-jones/

Last updated April 13, 2025, 8:45 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number AFLNDC-3652108.), filed by Reiyn Keohane. (TILLEY, DANIEL) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

Clearinghouse
2

CIVIL COVER SHEET. (TILLEY, DANIEL) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
3

MOTION for Preliminary Injunction by Reiyn Keohane. (Attachments: # 1 Exhibit Keohane Declaration, # 2 Exhibit Rieche Notes, # 3 Exhibit Baker-Hargrove Declaration, # 4 Exhibit New Patient Information Form, # 5 Exhibit Jehaimi Records, # 6 Exhibit Combined Grievances, # 7 Exhibit 8/21/14 Release Form, # 8 Exhibit Healthcare note dated 9/8/14, # 9 Exhibit Healthcare note dated 8/28/14, # 10 Exhibit Discharge Summary, # 11 Exhibit Emergency Room Record, # 12 Exhibit Overall Inmate Record, # 13 Exhibit 1/7/16 Release Form, # 14 Exhibit Composite Additional Medical Records, # 15 Exhibit Freeze-Frame Policy, # 16 Exhibit WPATH Standards of Care, # 17 Exhibit Tilley Declaration) (TILLEY, DANIEL) (Entered: 08/15/2016)

1

View on RECAP

Aug. 15, 2016

Aug. 15, 2016

PACER
4

NOTICE OF FILING SUMMONSES by Reiyn Keohane (Attachments: # 1 Jones Summons, # 2 Le Summons, # 3 Dieguez Summons, # 4 Acosta Summons) (TILLEY, DANIEL) (Entered: 08/15/2016)

Aug. 15, 2016

Aug. 15, 2016

PACER
5

Summons Issued as to FRANCISCO ACOSTA, TERESITA DIEGUEZ, JULIE JONES, TRUNG VAN LE. (Attachments: # 1 Exhibit Summons (Jones), # 2 Exhibit Summons (Dieguez), # 3 Exhibit Summons Acosta)) (vkm) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

PACER
6

DOCKET ANNOTATION BY COURT TO ATTORNEY DANIEL BOAZ TILLEY Re 2 Civil Cover Sheet & 1 Complaint - ***Please use the Civil Cover Sheet form available on the Court's Forms & Publications website and file a SIGNED Civil Cover Sheet ASAP (an electronic signature is acceptable)***Counsel is further advised that party names (including aliases) are to be added using all caps and no punctuation. (See "Style Guide for Electronic Case Filing," available on Clerk's website.) The party names will be corrected by the clerk. (vkm) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

PACER
7

CIVIL COVER SHEET. (TILLEY, DANIEL) (Entered: 08/16/2016)

Aug. 16, 2016

Aug. 16, 2016

PACER
8

SUMMONS Returned Executed by Reiyn Keohane. JULIE JONES served on 8/17/2016, answer due 9/7/2016. (TILLEY, DANIEL) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
9

ORDER SETTING SCHEDULING CONFERENCE: The Clerk must set a telephonic scheduling conference for Wednesday, August 31, 2016, at 2:00 p.m. (Scheduling Conference set for 8/31/2016 02:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER.) Signed by JUDGE MARK E WALKER on 8/22/2016. (tdl) (Entered: 08/22/2016)

Aug. 22, 2016

Aug. 22, 2016

PACER
10

NOTICE OF HEARING Scheduling Conference set for 8/31/2016 2:00 PM before JUDGE MARK E WALKER. You may dial into the conference call as early as 1:50 p.m. Call in number: 888-684-8852. When prompted for an access code, enter: 8131706#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7898#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Angie Maxwell at 850-521-3516 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Angie MaxwellCourtroom Deputy Clerk (amm) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

PACER
11

SUMMONS Returned Executed by Reiyn Keohane. Teresita Dieguez served on 8/17/2016, answer due 9/7/2016. (TILLEY, DANIEL) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
12

SUMMONS Returned Executed by Reiyn Keohane. FRANCISCO ACOSTA served on 8/17/2016, answer due 9/7/2016. (TILLEY, DANIEL) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
13

SUMMONS Returned Executed by Reiyn Keohane. TRUNG VAN LE served on 8/23/2016, answer due 9/13/2016. (TILLEY, DANIEL) (Entered: 08/24/2016)

Aug. 24, 2016

Aug. 24, 2016

PACER
14

NOTICE of Appearance by MARC WESLEY DUNBAR on behalf of JULIE JONES (DUNBAR, MARC) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
15

Minute Entry for proceedings held before JUDGE MARK E WALKER:Scheduling Conference held on 8/31/2016 - Hearing on 3 Motion for Preliminary Injunction set for 10/11/2016 (Court to issue writ for Plaintiff); all responses and declarations to motion due on or before 9/26/2016; deposition transcripts due on or before 10/06/2016; answers to Complaint due on or before 9/12/2016 (Court Reporter Megan Hague (USDC-Tallahassee)) (tss) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
16

NOTICE of Hearing on Motion 3 MOTION for Preliminary Injunction Motion Hearing set for 10/11/2016 at 09:00 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ TiAnn Stark Courtroom Deputy Clerk (tss) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
17

NOTICE of Appearance by DEVANG DESAI on behalf of TERESITA DIEGUEZ, TRUNG VAN LE (DESAI, DEVANG) (Entered: 08/31/2016)

Aug. 31, 2016

Aug. 31, 2016

PACER
18

NOTICE of Appearance by DANIEL R LAZARO on behalf of TERESITA DIEGUEZ, TRUNG VAN LE (LAZARO, DANIEL) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
19

Writ of Habeas Corpus ad Testificandum Issued as to REIYN J. KEOHANE for Tuesday, October 11, 2016, at 8:00 a.m. (vkm) ***COPY PROVIDED TO USM AND DOC*** (Entered: 09/07/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
20

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FRANCISCO ACOSTA, JULIE JONES. (REID, KIRKLAND) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER

Set Motion and R&R Deadlines/Hearings

Sept. 12, 2016

Sept. 12, 2016

PACER
21

MEMORANDUM in Support re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FRANCISCO ACOSTA, JULIE JONES. (REID, KIRKLAND) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
22

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW by TERESITA DIEGUEZ, TRUNG VAN LE. (LAZARO, DANIEL) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER

Set/Reset Deadlines as to 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW. (Internal deadline for referral to judge if response not filed earlier: 9/26/2016). (vkm)

Sept. 12, 2016

Sept. 12, 2016

PACER
23

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by FRANCISCO ACOSTA, JULIE JONES. (Attachments: # 1 Exhibit A - Probable Cause Statement, # 2 Exhibit B - Affidavit of Carl Wesley Kirkland, Jr., # 3 Exhibit C - News Article with Photograph) (REID, KIRKLAND) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
24

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by TERESITA DIEGUEZ, TRUNG VAN LE. (Attachments: # 1 Affidavit Dr. Marlene Hernandez, # 2 Affidavit Dr. Trung Van Le) (DESAI, DEVANG) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
25

RESPONSE in Opposition re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
26

RESPONSE in Opposition re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND INCORPORATED MEMORANDUM OF LAW filed by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
27

NOTICE OF FILING AFFIDAVIT OF DR. TERESITA DIEGUEZ by TERESITA DIEGUEZ, TRUNG VAN LE re 24 Response in Opposition to Motion (Attachments: # 1 Affidavit of Dr. Dieguez) (DESAI, DEVANG) (Entered: 09/27/2016)

Sept. 27, 2016

Sept. 27, 2016

PACER
28

NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference set for 9/30/2016 11:00 AM before JUDGE MARK E WALKER. You may dial into the conference call as early as 10:55 AM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 8131706#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7898#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Pam LourceyCourtroom Deputy Clerk (pll) (Entered: 09/28/2016)

Sept. 28, 2016

Sept. 28, 2016

PACER
29

MOTION for Leave to File re 23 Response in Opposition to Motion, 24 Response in Opposition to Motion (Motion for Leave to File Reply in Support of Motion for Preliminary Injunction) by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
30

ORDER GRANTING 29 MOTION TO FILE REPLY - Reply to 23 Response due by 10/6/2016. Signed by JUDGE MARK E WALKER on 9/30/2016. (vkm) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
31

Writ of Habeas Corpus ad Testificandum Issued as to REIYN J. KEOHANE for Wednesday, October 19, 2016, at 8:00 a.m. (vkm) ***COPY PROVIDED TO USM AND DOC*** (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
32

Minute Entry for proceedings held before JUDGE MARK E WALKER: Status Conference held on 9/30/2016 :Court conducts Status Conference. Plaintiffs Reply to 3 Motion for Injunction with Expert Reports and Medical Records to be filed by10/6/16. Sur-Reply to 3 Motion for Injunction to be filed by 10/14/16. Additional Depositions to be taken on October 7th and 11th. Hearing on Preliminary Injunction reset for 10/19/2016 at 9:00 a.m. Clerk is instructed to re-issue Writ for Keohane with new hearing date. Counsel are instructed to file relevant depositions prior to 5:00 p.m. on October 18, 2016. No documents shall be filed after 5:00 p.m. (Internal deadline for referral to judge if response not filed earlier: 10/6/2016)., Sur-Replies due by 10/14/2016., Motion Ripe Deadline set for 10/18/2016 at 5:00 p.m., Motion Hearing set for 10/19/2016 09:00 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER.). (Court Reporter Megan Hague.) (pll) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
33

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by REIYN KEOHANE. (Attachments: # 1 Exhibit Medical Record (1/8/15), # 2 Exhibit Baker-Hargrove Report, # 3 Exhibit Keohane Declaration, # 4 Exhibit Sample Profiles of Female Inmates, # 5 Exhibit FDOC Appellant Reply Brief in Watkins v. Sec'y, FDOC) (TILLEY, DANIEL) (Entered: 10/06/2016)

Oct. 6, 2016

Oct. 6, 2016

PACER
34

MOTION for Extension of Time to File Response/Reply by TERESITA DIEGUEZ, TRUNG VAN LE. (LAZARO, DANIEL) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
35

RESPONSE to Motion re 34 MOTION for Extension of Time to File Response/Reply filed by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 10/11/2016)

Oct. 11, 2016

Oct. 11, 2016

PACER
36

ORDER GRANTING EXTENSION TO FILE SURREPLY - This Court has considered, without hearing, Defendants' Unopposed Motion for Extension of Time to File Surreply. ECF No. 34 . The motion is GRANTED. Defendants shall file their surreply by 10/17/2016, at 2:00 p.m. Signed by JUDGE MARK E WALKER on 10/12/2016. (vkm) (Entered: 10/12/2016)

Oct. 12, 2016

Oct. 12, 2016

PACER
37

NOTICE of Filing Deposition Transcript of Carl Wesley Kirkland, Jr. by REIYN KEOHANE (Attachments: # 1 Exhibit) (TILLEY, DANIEL) (Entered: 10/15/2016)

Oct. 15, 2016

Oct. 15, 2016

PACER
38

MOTION to Extend Timeto File Sur-Replies by FRANCISCO ACOSTA, TERESITA DIEGUEZ, JULIE JONES, TRUNG VAN LE. (LAZARO, DANIEL) (Entered: 10/16/2016)

Oct. 16, 2016

Oct. 16, 2016

PACER
39

RESPONSE in Opposition re 38 MOTION to Extend Timeto File Sur-Replies filed by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
40

NOTICE of Filing Deposition Transcript of Teresita Dieguez by REIYN KEOHANE (Attachments: # 1 Exhibit Dieguez Deposition) (TILLEY, DANIEL) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
41

ORDER GRANTING EXTENSION TO FILE SURREPLY - This Court has considered, without a hearing, Defendants' Motion for Extension of Time to File Surreply. ECF No. 38 . The Motion is GRANTED. Defendants shall file their surreply by 10/17/2016, at 11:59 p.m. Signed by JUDGE MARK E WALKER on 10/17/2016. (vkm) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
42

NOTICE of Filing Deposition Transcript of Marlene Hernandez by REIYN KEOHANE (Attachments: # 1 Exhibit Hernandez Deposition) (TILLEY, DANIEL) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
43

NOTICE of Filing Deposition Transcript of Dr. Baker-Hargrove Part 1 by TERESITA DIEGUEZ, TRUNG VAN LE (Attachments: # 1 Exhibit) (LAZARO, DANIEL) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
44

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction Surreply in Further Opposition filed by FRANCISCO ACOSTA, JULIE JONES. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (REID, KIRKLAND) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
45

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction Sur-reply and Memorandum of Law filed by TERESITA DIEGUEZ, TRUNG VAN LE. (Attachments: # 1 Exhibit 1) (LAZARO, DANIEL) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
46

NOTICE Filing Deposition transcript Of David Baker-Hargrove Part 2 by TERESITA DIEGUEZ, TRUNG VAN LE (Attachments: # 1 Exhibit) (LAZARO, DANIEL) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
47

NOTICE of Filing of Dr. Trung Van Le's Deposition Transcript by REIYN KEOHANE (Attachments: # 1 Exhibit) (ABUDU, NANCY) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
48

Minute Entry for proceedings held before JUDGE MARK E WALKER: Motion Hearing held on 10/19/2016. Court hears 3 Motion for Preliminary Injunction. Testimony of Reiyn Keohane (9:19 - 9:24 a.m.) Court terminates Trung Van Le and Francisco Acosta as parties to this case. Court denies 20 and 22 Motionsto Dismiss. Counsel to resubmit dispositive motions. Court denies 3 Motion for Preliminary Injunction. Order to follow. Counsel to confer and file a Rule 26 Report by Friday, October 28, 2016. ( Rule 26 Meeting Report due by 10/28/2016.),(Court Reporter Megan Hague.) (pll) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
49

NOTICE of filing final deposition transcript of Dr. Trung Van Le by REIYN KEOHANE (Attachments: # 1 Exhibit Final Deposition Transcript of Dr. Trung Van Le) (TILLEY, DANIEL) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
50

ORDER GRANTING IN PART & DENYING IN PART THE MOTIONS TO DISMISS - The motions are GRANTED. Defendants Le and Acosta are dismissed. As explained on the record, the motions to dismiss, ECF Nos. 20 & 22, are otherwise DENIED. Signed by JUDGE MARK E WALKER on 10/19/2016. (vkm) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

Clearinghouse
51

ORDER DENYING 3 MOTION FOR PRELIMINARY INJUNCTION - Rule 26 Meeting Report due by 10/28/2016. Signed by JUDGE MARK E WALKER on 10/19/2016. (vkm) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
52

REPORT of Rule 26(f) Planning Meeting. (TILLEY, DANIEL) (Entered: 10/28/2016)

Oct. 28, 2016

Oct. 28, 2016

PACER

Action Required by District Judge

Oct. 31, 2016

Oct. 31, 2016

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: 52 Report of Rule 26(f) Planning Meeting (vkm)

Oct. 31, 2016

Oct. 31, 2016

PACER
53

Defendant ANSWER to Complaint and Affirmative Defenses by TERESITA DIEGUEZ. (LAZARO, DANIEL) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
54

ANSWER to 1 Complaint by JULIE JONES. (REID, KIRKLAND) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
55

SCHEDULING AND MEDIATION ORDER Re: 52 Report of Rule 26(f) Planning Meeting - Discovery due by 2/28/2017. Dispositive Motions to be filed by 3/21/2017. Jury Trial set for 6/9/2017 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. Mediation Report due by 4/11/2017. Case referred to mediation. Signed by JUDGE MARK E WALKER on 11/7/2016. (vkm) (Entered: 11/07/2016)

Nov. 7, 2016

Nov. 7, 2016

PACER
56

NOTICE of Compliance with Service of Initial Rule 26(a) Disclosures by TERESITA DIEGUEZ (DESAI, DEVANG) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
57

NOTICE of Service of Discovery - Initial Disclosures by JULIE JONES (REID, KIRKLAND) (Entered: 11/08/2016)

Nov. 8, 2016

Nov. 8, 2016

PACER
58

Joint MOTION for Clarification Concerning the Court's Scheduling Order re 55 Scheduling Order,, Case Referred to Mediation, by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
59

INITIAL SCHEDULING ORDER: Discovery due by 2/28/2017. Status Report due by 12/23/2016. Signed by JUDGE MARK E WALKER on 11/23/2016. (vkm) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER
60

ORDER GRANTING 58 MOTION FOR CLARIFICATION. Signed by JUDGE MARK E WALKER on 11/23/2016. (vkm) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER
61

ORDER AMENDING TRIAL DATE re 55 Scheduling and Mediation Order - The trial date is amended to reflect this cause will be tried in the period beginning 6/19/2017 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. All of terms and provisions of the Scheduling and Mediation Order, unless amended by this Court, shall remain unchanged at this time. Signed by JUDGE MARK E WALKER on 11/23/2016. (vkm) (Entered: 11/23/2016)

Nov. 23, 2016

Nov. 23, 2016

PACER
62

MOTION to Appear Pro Hac Vice by Elizabeth C. Akins.( Filing fee $ 201 receipt number AFLNDC-3744301.) by REIYN KEOHANE. (Attachments: # 1 Exhibit) (AKINS, ELIZABETH) (Entered: 12/02/2016)

Dec. 2, 2016

Dec. 2, 2016

PACER
63

ORDER ADMITTING ELIZABETH CRABTREE AKINS PRO HAC VICE - This Court has considered, without hearing, Plaintiffs' motion to allow Elizabeth Crabtree Akins to appear pro hac vice. ECF No. 62 . The motion is GRANTED. Elizabeth Crabtree Akins is admitted pro hac vice as counsel for Plaintiff. Signed by JUDGE MARK E WALKER on 12/5/2016. (vkm) (Entered: 12/05/2016)

Dec. 5, 2016

Dec. 5, 2016

PACER
64

MOTION to Extend TimeUnopposed Motion for Extension of Time by JULIE JONES. (REID, KIRKLAND) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER

Set Motion and R&R Deadlines/Hearings

Dec. 12, 2016

Dec. 12, 2016

PACER
65

MOTION for Extension of Time to File Expert Report by TERESITA DIEGUEZ. (LAZARO, DANIEL) (Entered: 12/12/2016)

Dec. 12, 2016

Dec. 12, 2016

PACER

Set/Reset Deadlines as to 65 MOTION for Extension of Time to File Expert Report. (Internal deadline for referral to judge if response not filed earlier: 12/27/2016). (vkm)

Dec. 12, 2016

Dec. 12, 2016

PACER
66

ORDER GRANTING EXTENSION TO PROVIDE EXPERT REPORTS FOR PLAINTIFF AND DEFENDANT JONES - This Court has considered, without hearing, the Unopposed Motion of Plaintiff and Defendant Jones for Extension of Time to Provide Expert Reports. ECF No. 64 . The motion is GRANTED. Plaintiff and Defendant Julie Jones shall provide their expert reports on or before 12/29/2016. Signed by JUDGE MARK E WALKER on 12/13/2016. (vkm) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
67

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of preliminary injuction Proceedings held on 10/19/2016, before Judge Mark E. Walker. Court Reporter/Transcriber Megan Hague, Telephone number 850-422-0011. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2016. Release of Transcript Restriction set for 3/20/2017. (mah) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
68

ORDER GRANTING EXTENSION TO PROVIDE EXPERT REPORT FOR DEFENDANT DIEGUEZ - This Court has considered, without hearing, Defendant Doctor Teresita Dieguez' Motion for Extension of Time to Provide Expert Report. ECF No. 65 . The motion is GRANTED. Defendant Dieguez shall provide her expert report on or before 1/13/2017. Signed by JUDGE MARK E WALKER on 12/13/2016. (vkm) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

PACER
69

Consent MOTION to Extend Time to file initial and rebuttal expert reports, to complete discovery, and to file summary-judgment motions by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER
70

ORDER GRANTING PLAINTIFF'S UNOPPOSED 69 MOTION TO EXTEND EXPERT DISCLOSURE DEADLINES AND DISCOVERY - The expert-disclosure deadline is extended to 1/13/2017, and the rebuttal deadline is extended to 2/13/2017. Discovery is extended to 3/14/2017. The summary-judgment deadline is extended to 4/4/2017. Signed by JUDGE MARK E WALKER on 12/19/2016. (vkm) (Entered: 12/19/2016)

Dec. 19, 2016

Dec. 19, 2016

PACER

Set Deadlines/Hearings:

Jan. 6, 2017

Jan. 6, 2017

PACER

Reset Deadlines Re: 59 Initial Scheduling Order - Status Report due by 1/23/2017. (vkm)

Jan. 6, 2017

Jan. 6, 2017

PACER
71

MOTION to Compel by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 01/10/2017)

Jan. 10, 2017

Jan. 10, 2017

PACER
72

ORDER DIRECTING EXPEDITED RESPONSE. Defendant Dieguez is ordered to file an expedited response to Plaintiff's Motion to Compel, ECF No. 71, no later than Tuesday, 1/17/2017, at 5:00 PM. The Clerk shall set a telephonic hearing to address Plaintiff's motion on either January 18, January 19, or January 20. Signed by JUDGE MARK E WALKER on 1/11/2017. (kjw) (Entered: 01/11/2017)

Jan. 11, 2017

Jan. 11, 2017

PACER
73

NOTICE of Hearing on 71 MOTION to Compel : Motion Hearing set for 1/20/2017 03:30 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 3:25 PM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 01/12/2017)

Jan. 12, 2017

Jan. 12, 2017

PACER
74

NOTICE of Compliance with Expert Disclosure Deadline by JULIE JONES (REID, KIRKLAND) (Main Document 74 replaced on 1/13/2017) (cle). (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
75

Witness List by TERESITA DIEGUEZ. (DESAI, DEVANG) (Entered: 01/13/2017)

Jan. 13, 2017

Jan. 13, 2017

PACER
76

RESPONSE in Opposition re 71 MOTION to Compel filed by TERESITA DIEGUEZ. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (DESAI, DEVANG) (Entered: 01/17/2017)

Jan. 17, 2017

Jan. 17, 2017

PACER
77

NOTICE OF CANCELLATION OF THE HEARING ON 1/20/17 re 73 Notice of Hearing on Motion. (pll) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
78

NOTICE of Telephonic Hearing on 71 MOTION to Compel : Motion Hearing set for 1/25/2017 08:30 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 8:25 AM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking.The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 01/20/2017)

Jan. 20, 2017

Jan. 20, 2017

PACER
79

STATUS REPORT Joint Status Report by REIYN KEOHANE. (AKINS, ELIZABETH) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
80

RULE 26 Disclosures by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 01/24/2017)

Jan. 24, 2017

Jan. 24, 2017

PACER
81

ORDER DENYING PLAINTIFF'S 71 MOTION TO COMPEL. Signed by JUDGE MARK E WALKER on 1/25/2017. (tdl) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
82

Minute Entry for proceedings held before JUDGE MARK E WALKER: Motion Hearing held on 1/25/2017 re 71 MOTION to Compel. Court DENIES 71 Motion to Compel. Counsel to confer and file notice regarding discovery schedule by 1/27/17. (Notice re: Discovery Schedule due by 1/27/2017.). (Court Reporter Megan Hague.) (pll) (Entered: 01/25/2017)

Jan. 25, 2017

Jan. 25, 2017

PACER
83

Joint MOTION for Extension of Time to Complete Discovery (and Joint Notice of Compliance) by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 01/27/2017)

Jan. 27, 2017

Jan. 27, 2017

PACER
84

ORDER GRANTING MOTION TO EXTEND DISCOVERY - The parties' joint motion to extend discovery, ECF No. 83, is GRANTED. The discovery deadline is extended to 3/31/2017. The summary-judgment deadline is extended to 4/21/2017. Signed by JUDGE MARK E WALKER on 1/28/2017. (cle) (Entered: 01/30/2017)

Jan. 28, 2017

Jan. 28, 2017

PACER
85

MOTION to Compel (re Defendant Jones) by REIYN KEOHANE. (Attachments: # 1 Exhibit Jan. 20, 2017, email) (TILLEY, DANIEL) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER
86

ORDER DIRECTING EXPEDITED RESPONSE - The Clerk shall set a telephonic hearing after February 13, 2017. (Internal deadline for referral to judge if Defendant's response to 85 Motion is not filed by 5:00 p.m. on 2/13/2017). Signed by JUDGE MARK E WALKER on 2/7/2017. (tdl) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
87

AMENDED ORDER DIRECTING EXPEDITED RESPONSE - The Clerk shall set a telephonic hearing after February 13, 2017. (Defendant's Response to 85 Motion due by 5:00 p.m. on 2/13/2017.) Signed by JUDGE MARK E WALKER on 2/7/2017. (tdl) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
88

NOTICE of Telephonic Hearing on 85 MOTION to Compel (re Defendant Jones) : Motion Hearing set for 2/15/2017 10:00 AM before JUDGE MARK E WALKER. You may dial into the conference call as early as 9:55 AM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 02/08/2017)

Feb. 8, 2017

Feb. 8, 2017

PACER
89

RESPONSE to Motion re 85 MOTION to Compel (re Defendant Jones) FDOC's Response to Plaintiff's Motion to Compel filed by JULIE JONES. (REID, KIRKLAND) (Entered: 02/13/2017)

Feb. 13, 2017

Feb. 13, 2017

PACER
90

Minute Entry for proceedings held before JUDGE MARK E WALKER: Motion Hearing held on 2/15/2017 re 85 MOTION to Compel (re Defendant Jones). Court GRANTS IN PART AND DENIES IN PART 85 Motion to Compel as noted on the record. Supplemental Search and Production by March 8, 2017. Jury Trial reset for July 17, 2017.( Jury Selection set for 7/17/2017 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER., Jury Trial set for 7/17/2017 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER.). (Court Reporter Megan Hague.) (pll) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
91

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO COMPEL. This Court considered, at telephonic hearing on February 15, 2017, Plaintiff's Motion to Compel. ECF No. 85 . For the reasons stated on the record, the motion is GRANTED in part and DENIED in part. Signed by JUDGE MARK E WALKER on 2/15/2017. (kjw) (Entered: 02/15/2017)

Feb. 15, 2017

Feb. 15, 2017

PACER
92

MOTION for voluntary dismissal of Defendant Dieguez by REIYN KEOHANE. (TILLEY, DANIEL) (Entered: 02/21/2017)

Feb. 21, 2017

Feb. 21, 2017

PACER

Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Aug. 15, 2016

Closing Date: Nov. 17, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A transgender woman incarcerated in a Florida prison.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Department of Corrections, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Order Duration: 2018 - 2020

Issues

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Medical care, unspecified

Self-injurious behaviors