Case: Manning v. Hagel

1:14-cv-01609 | U.S. District Court for the District of District of Columbia

Filed Date: Sept. 23, 2014

Closed Date: May 22, 2017

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Case Summary

This case concerns allegations of denial of medically necessary treatment by an incarcerated transgender individual. This lawsuit was filed September 23, 2014, in the United States District Court for the District of Columbia against the United States Department of Defense, the Secretary of Defense, the United States Army, and other named officials. Plaintiff is a transgender woman who was serving a 35-year sentence at the United States Disciplinary Barracks at Fort Leavenworth, Kansas. Plaintiff had been previously diagnosed with gender dysphoria and alleged that defendants denied her medically necessary treatment in violation of the Eighth Amendment's ban on cruel and unusual punishment. Represented by the ACLU of Washington D.C., Plaintiff sought declaratory and injunctive relief and attorneys’ fees. Judge Colleen Kollar-Kotelly presided.

On the same day she filed her complaint, plaintiff filed a motion for preliminary injunction, seeking to require defendants to provide her medical treatment in accordance with standards established by the World Professional Association for Transgender Health. This treatment included: (1) the provision of hormone therapy for her gender dysphoria, (2) permission to follow female grooming standards, and (3) access to treatment by a medical provider qualified to treat her condition.

The parties filed a joint status report in March 2015, which indicated that since the complaint was filed, plaintiff’s treatment plan had changed. She was now receiving weekly psychotherapy, was provided female undergarments, had the ability to wear certain prescribed cosmetics, and was receiving hormone therapy. However, plaintiff still disputed certain issues, including (1) the adequacy of her treatment plan as a whole, (2) defendant’s failure to allow her to grow her hair longer, and (3) the qualifications of her psychologist with respect to gender dysphoria. Since the parties disagreed on whether the case was moot, they requested the court to stay the proceedings for seven months. The court granted the stay and directed the parties to file a joint report no later than September 28, 2015.

On September 28, 2015, the parties filed a joint status report in which Plaintiff withdrew her motion for a preliminary injunction. The following month, on October 5, Plaintiff filed an amended complaint against all defendants, reasserting her Eighth Amendment claim and adding a new claim for sex discrimination in violation of the equal protection component of the Fifth Amendment's Due Process Clause. Plaintiff alleged that Defendants did not allow her to follow the hair length and grooming standards applied to other incarcerated women, which constituted discrimination based on her transgender identity.

Defendants filed a motion to dismiss on November 12, 2015. The parties filed a joint status report in December 2016, and in January 2017, plaintiff filed a consent motion to stay proceedings. She stated that earlier that month, President Obama had commuted her sentence, and pursuant to the order, she would be released from custody on May 17, 2017. As such, she indicated that the matter would become moot on that date. The court granted the motion, and proceedings were stayed until May 2017.

On May 22, 2017, plaintiff filed a stipulation of dismissal indicating that she was voluntarily dismissing the action against all defendants without prejudice. The court dismissed the case the same day, and it is now closed.

	Document
1 1:14-cv-01609	Complaint for Declaratory and Injunctive Relief	Sept. 23, 2014	Sept. 23, 2014 Complaint
41 1:14-cv-01609	Amended Complaint for Declaratory and Injunctive Relief Manning v. Carter	Oct. 5, 2015	Oct. 5, 2015 Complaint

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against CHUCK HAGEL, DAVID E QUANTOCK, ERICA NELSON, NATHAN KELLER, U.S. DEPARTMENT OF DEFENSE ( Filing fee $ 400 receipt number 0090-3848055) filed by CHELSEA ELIZABETH MANNING. (Attachments: # 1 Civil Cover Sheet, # 2 MOTION FOR PRELIMINARY INJUNCTION, # 3 MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION, # 4 DECLARATION OF CHELSEA E. MANNING, # 5 DECLARATION OF DR. RANDI C. ETTNER, # 6 DECLARATION OF CHASE B. STRANGIO, # 7 Text of Proposed Order, # 8 Summons TO DEFENDANT HAGEL, # 9 Summons TO DEFENDANT QUANTOCK, # 10 Summons TO DEFENDANT NELSON, # 11 Summons TO DEFENDANT KELLER, # 12 Summons TO DEFENDANT DEPARTMENT OF DEFENSE, # 13 Summons TO THE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA, # 14 Summons TO THE ATTORNEY GENERAL)(Spitzer, Arthur) Modified on 9/23/2014 (rdj). (Entered: 09/23/2014) 1 Civil Cover Sheet View on PACER 2 MOTION FOR PRELIMINARY INJUNCTION View on PACER 3 MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION View on PACER 4 DECLARATION OF CHELSEA E. MANNING View on PACER 5 DECLARATION OF DR. RANDI C. ETTNER View on RECAP 6 DECLARATION OF CHASE B. STRANGIO View on PACER 7 Text of Proposed Order View on PACER 8 Summons TO DEFENDANT HAGEL View on PACER 9 Summons TO DEFENDANT QUANTOCK View on PACER 10 Summons TO DEFENDANT NELSON View on PACER 11 Summons TO DEFENDANT KELLER View on PACER 12 Summons TO DEFENDANT DEPARTMENT OF DEFENSE View on PACER 13 Summons TO THE UNITED STATES ATTORNEY FOR THE DISTRICT OF COLUMBIA View on PACER 14 Summons TO THE ATTORNEY GENERAL View on PACER	Sept. 23, 2014	Sept. 23, 2014 Clearinghouse
	Case Assigned/Reassigned	Sept. 23, 2014	Sept. 23, 2014 PACER
	Case Assigned to Judge Colleen Kollar-Kotelly. (rd)	Sept. 23, 2014	Sept. 23, 2014 PACER
	Order	Sept. 23, 2014	Sept. 23, 2014 PACER
2	WITHDRAWN PURSUANT TO ORDER FILED 9/28/2015..... MOTION for Preliminary Injunction by CHELSEA ELIZABETH MANNING (Attachments: # 1 Memorandum in Support, # 2 DECLARATION OF CHELSEA E. MANNING, # 3 DECLARATION OF DR. RANDI C. ETTNER, # 4 DECLARATION OF CHASE B. STRANGIO, # 5 Text of Proposed Order)(Spitzer, Arthur) Modified on 9/29/2015 (znmw). (Entered: 09/23/2014) 1 Memorandum in Support View on RECAP 2 DECLARATION OF CHELSEA E. MANNING View on PACER 3 DECLARATION OF DR. RANDI C. ETTNER View on PACER 4 DECLARATION OF CHASE B. STRANGIO View on PACER 5 Text of Proposed Order View on PACER	Sept. 23, 2014	Sept. 23, 2014 PACER
3	SUMMONS (7) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Consent Form, # 8 Notice of Consent)(rd) (Entered: 09/23/2014)	Sept. 23, 2014	Sept. 23, 2014 PACER
4	ORDER Establishing Procedures for Cases Assigned to Judge Colleen Kollar-Kotelly. Signed by Judge Colleen Kollar-Kotelly on September 23, 2014. (NS) (Entered: 09/23/2014)	Sept. 23, 2014	Sept. 23, 2014 PACER
	MINUTE ORDER (Paperless). The Court shall hold a telephonic conference call on FRIDAY, SEPTEMBER 26, 2014, at 9:30 A.M., to discuss a briefing schedule for Plaintiff's 2 Motion for Preliminary Injunction and other pending matters. The Court has confirmed the availability of the parties at that date and time. The parties are directed to jointly call chambers at that date and time. Signed by Judge Colleen Kollar-Kotelly on September 23, 2014. (NS)	Sept. 23, 2014	Sept. 23, 2014 PACER
5	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Chase B. Strangio, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, 18th floor, New York, NY 10004. Phone No. - (212) 549-2627. Fax No. - (212) 549-2651 Filing fee $ 100, receipt number 0090-3848993. Fee Status: Fee Paid. by CHELSEA ELIZABETH MANNING (Attachments: # 1 Declaration of Chase B. Strangio, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/23/2014) 1 Declaration of Chase B. Strangio View on RECAP 2 Text of Proposed Order View on PACER	Sept. 23, 2014	Sept. 23, 2014 RECAP
	MINUTE ORDER (Paperless). The 5 Motion for the Admission, Pro Hac Vice, of Chase B. Strangio as Additional Counsel for Plaintiff is hereby GRANTED, contingent upon Mr. Strangio filing a Notice with the Court certifying that he has reviewed and is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on September 24, 2014. (NS)	Sept. 24, 2014	Sept. 24, 2014 PACER
6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- ROSE A. SAXE, :Firm- American Civil Liberties Union Foundation, :Address- 125 Broad Street, New York, NY 10004. Phone No. - (212) 549-2627. Fax No. - (212) 549-2651 Filing fee $ 100, receipt number 0090-3849403. Fee Status: Fee Paid. by CHELSEA ELIZABETH MANNING (Attachments: # 1 DECLARATION OF ROSE A. SAXE, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/24/2014)	Sept. 24, 2014	Sept. 24, 2014 PACER
	Order	Sept. 24, 2014	Sept. 24, 2014 PACER
7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/24/2014. Answer due for ALL FEDERAL DEFENDANTS by 11/23/2014. (Spitzer, Arthur) (Entered: 09/24/2014)	Sept. 24, 2014	Sept. 24, 2014 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Sept. 24, 2014	Sept. 24, 2014 PACER
	MINUTE ORDER (Paperless). The 6 Motion for the Admission, Pro Hac Vice, of Rose A. Saxe as Additional Counsel for Plaintiff is hereby GRANTED, contingent upon Ms. Saxe filing a Notice with the Court certifying that she has reviewed and is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on September 24, 2014. (NS)	Sept. 24, 2014	Sept. 24, 2014 PACER
8	NOTICE -- Certification of familiarity with local rules by Chase Strangio by CHELSEA ELIZABETH MANNING (Spitzer, Arthur) (Entered: 09/24/2014)	Sept. 24, 2014	Sept. 24, 2014 RECAP
9	NOTICE -- Certification of familiarity with local rules by Rose Saxe by CHELSEA ELIZABETH MANNING (Spitzer, Arthur) (Entered: 09/24/2014)	Sept. 24, 2014	Sept. 24, 2014 PACER
10	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David E. Coombs, :Firm- Law Office of David E. Coombs, :Address- 11 South Angell Street, #317, Providence, RI 02906. Phone No. - (508) 689-4616. Fax No. - (508) 689-9282 Filing fee $ 100, receipt number 0090-3850336. Fee Status: Fee Paid. by CHELSEA ELIZABETH MANNING (Attachments: # 1 DECLARATION OF DAVID E. COOMBS, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/24/2014)	Sept. 24, 2014	Sept. 24, 2014 PACER
	MINUTE ORDER (Paperless). The 10 Motion for the Admission, Pro Hac Vice, of David E. Coombs as Additional Counsel for Plaintiff is hereby GRANTED, contingent upon Mr. Coombs filing a Notice with the Court certifying that he has reviewed and is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on September 24, 2014. (NS)	Sept. 24, 2014	Sept. 24, 2014 PACER
11	NOTICE of Appearance by Daniel Schwei on behalf of All Defendants (Schwei, Daniel) (Entered: 09/25/2014)	Sept. 25, 2014	Sept. 25, 2014 PACER
12	SCHEDULING & PROCEDURES ORDER. The Court held a conference call on the record with the parties on September 26, 2014 to discuss a briefing schedule for Plaintiff's 2 Motion for Preliminary Injunction. In lieu of pursuing the preliminary injunction, Plaintiff has agreed to pursue a ruling on the merits relying on the merits argument set out in the Motion for Preliminary Injunction. Defendants indicated that they intend to file a Motion to Dismiss. The parties have agreed to following schedule for briefing: Defendants shall file their Motion to Dismiss and their Opposition to the merits argument as set out in Plaintiff's Motion for Preliminary Injunction, on or before OCTOBER 30, 2014; Plaintiff shall file her Opposition to Defendants' Motion to Dismiss and her Reply to Defendants' Opposition to the merits argument as set out in Plaintiff's Motion for Preliminary Injunction, on or before NOVEMBER 13, 2014; Defendants shall file their Reply in support of their Motion to Dismiss on or before NOVEMBER 20, 2014. Signed by Judge Colleen Kollar-Kotelly on September 26, 2014. (NS) (Entered: 09/26/2014)	Sept. 26, 2014	Sept. 26, 2014 PACER
	Telephone Conference	Sept. 26, 2014	Sept. 26, 2014 PACER
	Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 9/26/2014. (Court Reporter Barbara DeVico.) (dot )	Sept. 26, 2014	Sept. 26, 2014 PACER
13	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen D. Bonney, :Firm- American Civil Liberties Union Foundation of Kansas, :Address- 3601 Main Street, Kansas City, MO 64111. Phone No. - (816) 994-3311. Fax No. - (816) 756-0136 Filing fee $ 100, receipt number 0090-3854674. Fee Status: Fee Paid. by CHELSEA ELIZABETH MANNING (Attachments: # 1 Declaration of Stephen D. Bonney, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 09/29/2014)	Sept. 29, 2014	Sept. 29, 2014 PACER
14	NOTICE -- Certification of familiarity with local rules by David E. Coombs, by CHELSEA ELIZABETH MANNING re Order on Motion for Leave to Appear Pro Hac Vice, (Spitzer, Arthur) (Entered: 09/29/2014)	Sept. 29, 2014	Sept. 29, 2014 PACER
	MINUTE ORDER (Paperless). The 13 Motion for the Admission, Pro Hac Vice, of Stephen D. Bonney as Additional Counsel for Plaintiff is hereby GRANTED, contingent upon Mr. Bonney filing a Notice with the Court certifying that he has reviewed and is familiar with the Local Rules of this Court. Signed by Judge Colleen Kollar-Kotelly on September 30, 2014. (NS)	Sept. 30, 2014	Sept. 30, 2014 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	Sept. 30, 2014	Sept. 30, 2014 PACER
15	TRANSCRIPT OF PROCEEDINGS before Judge Colleen Kollar-Kotelly held on 9-26-14; Page Numbers: 1-34. Date of Issuance:10-10-14. Court Reporter/Transcriber Barbara DeVico, Telephone number 202-354-3118, Court Reporter Email Address : Barbara_DeVico@dcd.uscourts.gov.<P></P>For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, ASCII) may be purchased from the court reporter.<P>NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov.<P></P> Redaction Request due 10/31/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/8/2015.(DeVico, Barbara) (Entered: 10/10/2014)	Oct. 10, 2014	Oct. 10, 2014 PACER
16	NOTICE of Appearance by Robin Frances Thurston on behalf of All Defendants (Thurston, Robin) (Entered: 10/20/2014)	Oct. 20, 2014	Oct. 20, 2014 PACER
17	NOTICE of Appearance by Paul March Smith on behalf of CHELSEA ELIZABETH MANNING (Smith, Paul) (Entered: 10/21/2014)	Oct. 21, 2014	Oct. 21, 2014 PACER
18	MOTION for Extension of Time to File Merits Response and Motion to Dismiss by CHUCK HAGEL, NATHAN KELLER, ERICA NELSON, DAVID E. QUANTOCK, U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order)(Schwei, Daniel) (Entered: 10/27/2014) 1 Text of Proposed Order View on RECAP	Oct. 27, 2014	Oct. 27, 2014 RECAP
19	RESPONSE re 18 MOTION for Extension of Time to File Merits Response and Motion to Dismiss filed by CHELSEA ELIZABETH MANNING. (Strangio, Chase) (Entered: 10/28/2014)	Oct. 28, 2014	Oct. 28, 2014 PACER
20	REPLY to opposition to motion re 18 MOTION for Extension of Time to File Merits Response and Motion to Dismiss filed by CHUCK HAGEL, NATHAN KELLER, ERICA NELSON, DAVID E. QUANTOCK, U.S. DEPARTMENT OF DEFENSE. (Schwei, Daniel) (Entered: 10/29/2014)	Oct. 29, 2014	Oct. 29, 2014 PACER
	Set/Reset Deadlines	Oct. 29, 2014	Oct. 29, 2014 PACER
21	ORDER GRANTING Defendants' 18 Motion to Extend the Briefing Schedule. The Court's 12 Scheduling & Procedures Order shall be amended as follows: Defendants shall file their Motion to Dismiss and their Opposition to the merits argument as set out in Plaintiff's Motion for Preliminary Injunction on or before NOVEMBER 20, 2014; Plaintiff shall file her Opposition to Defendants' Motion to Dismiss and her Reply to Defendant's Opposition to the merits argument on or before DECEMBER 10, 2014; and Defendants shall file their Reply in Support of their Motion to Dismiss on or before DECEMBER 19, 2014. Signed by Judge Colleen Kollar-Kotelly on October 29, 2014. (NS) (Entered: 10/29/2014)	Oct. 29, 2014	Oct. 29, 2014 PACER
	Set/Reset Deadlines: Defendants' Response to 2 Motion for Preliminary Injunction due by 11/20/2014; Reply to Motion for Preliminary Injunction due by 12/10/2014. Defendants' Motion to Dismiss due by 11/20/2014; Response due by 12/10/2014; Reply due by 12/19/2014. (dot )	Oct. 29, 2014	Oct. 29, 2014 PACER
22	Joint MOTION for Protective Order by CHUCK HAGEL, NATHAN KELLER, ERICA NELSON, DAVID E. QUANTOCK, U.S. DEPARTMENT OF DEFENSE (Attachments: # 1 Text of Proposed Order Privacy Act / HIPAA Protective Order, # 2 Exhibit A - Acknowledgment Form)(Schwei, Daniel) (Entered: 11/04/2014) 1 Text of Proposed Order Privacy Act / HIPAA Protective Order View on PACER 2 Exhibit A - Acknowledgment Form View on PACER	Nov. 4, 2014	Nov. 4, 2014 PACER
23	ORDER granting 22 Motion for Privacy Act and HIPAA Protective Order. Signed by Judge Colleen Kollar-Kotelly on 11/5/14. (dot ) (Entered: 11/05/2014)	Nov. 5, 2014	Nov. 5, 2014 PACER
24	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 09/30/2014. (Strangio, Chase) (Entered: 11/12/2014)	Nov. 12, 2014	Nov. 12, 2014 PACER
25	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHUCK HAGEL served on 9/29/2014 (Strangio, Chase) (Entered: 11/12/2014)	Nov. 12, 2014	Nov. 12, 2014 PACER

Case: Manning v. Hagel

1:14-cv-01609 | U.S. District Court for the District of District of Columbia

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