Case: Doe v. Georgia Department of Corrections

1:23-cv-05578 | U.S. District Court for the Northern District of Georgia

Filed Date: Dec. 6, 2023

Case Ongoing

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Case Summary

On December 6, 2023, Jane Doe, a transgender woman, filed a complaint in the U.S. District Court for the Northern District of Georgia against the Georgia Department of Corrections (“GDC”) for being denied life-saving gender affirming surgeries. The complaint was also filed against GDC’s medical services contractors, including Wellpath and MHM Services, as well as various GDC actors including the commissioner, medical director, and mental health director. The plaintiff was represented by private…

The complaint alleged that GDC’s blanket ban on providing gender-affirming surgeries, regardless of medical need, to those in their custody was a violation of the Eighth Amendment. Specifically, the complaint argued that a party that had knowledge of the need for medical care in prison and intentionally refused to provide that care was liable for deliberate indifference. A number of Eighth Amendment claims regarding Doe’s solitary confinement and failure to protect Doe from substantial risk by retaining her in a men’s facility were also included. Beyond the Eighth Amendment, the complaint also took issue with the denial of medical services as a failure to provide reasonable accommodations to a qualified individual with disabilities under the Americans with Disabilities Act (ADA). Doe suffered multiple mental impairments, including gender dysphoria, anxiety, and depression. And finally, the complaint alleged that the Rehabilitation Act, which prohibits discrimination on the basis of disability in any program or activity receiving federal assistance, requires programs to provide “reasonable accommodations” to individuals with disabilities. The denial of medical services thus was a violation of the Rehabilitation Act according to the complaint. Jane Doe ultimately sought injunctive relief.

The same day the complaint was filed, Doe filed a motion for a preliminary injunction and an expedited hearing on the matter, which was subsequently granted by the court that day. The motion for preliminary injunction requested that the defendants immediately provide her (1) an evaluation for gender-affirming surgery, (2) adequate hormone replacement therapy, (3) gender-affirming commissary items, and (4) a transfer to a women’s prison. Although the preliminary injunction hearing was originally set on December 11, 2023, it was moved to February 12, 2024 due to delays in service of process.

The case garnered the attention of numerous organizations. On January 8, 2024, the U.S. Department of Justice filed a statement of interest with the court to express its interest in supporting the proper and uniform application of the ADA as it relates to gender dysphoria. The ACLU of Georgia also filed an amicus brief in support of the plaintiff that same day.

On January 9, 2024, Doe filed a motion to render interim relief in advance of the preliminary injunction hearing; however, the court denied the motion two days later without prejudice, stating that the plaintiff may refile her motion as one for a temporary restraining order or for separate injunctive relief from the prior preliminary injunction motion.

Following the defendants’ response to the motion for preliminary injunction, a hearing was held over February 12-13. Jane Doe filed an amended complaint on February 13, amending only the names of defendants.

After the parties admitted numerous exhibits and evidence over the course of the next few months, the court granted in part the plaintiff’s request for gender-affirming commissary items but denied the other requests on April 17. However, the court did order the defendants to provide status updates on the plaintiff’s surgical consultation. See 730 F. Supp. 3d 1327.

Defendants appealed the preliminary injunction order to the U.S. Court of Appeals for the Eleventh Circuit on April 25 (docket no: 24-11382). The plaintiff filed a motion to dismiss the appeal for lack of appellate jurisdiction on May 23.

At the appellate level, the parties filed their respective briefs over the course of the summer. On September 12, the plaintiff’s motion to dismiss was carried with the case, to be decided upon by the panel of judges to whom this case was submitted for a decision on the merits. On September 17, an amicus brief was submitted by a host of legal services and civil rights organizations, including the ACLU of Georgia, Lambda Legal Defense and Education Fund, Southern Poverty Law Center, and the Transgender Law Center and Transinclusive Group. Oral arguments were held on December 12. The appellate case remains ongoing.

At the district court level, the defendants continued to file answers to the plaintiff’s amended complaint and motions to dismiss the complaint over the course of the next few months. On July 15, 2024, the plaintiff filed a motion to extend the April 17 preliminary injunction, which was granted by the court that same day. The preliminary injunction was extended until October 20. Defendants were also ordered to provide status updates about the plaintiff’s surgical consultations every month.

The district court case then continued on to discovery. On November 15, defendant Wellpath filed a notice of bankruptcy with the district court. As such, the district stayed the motion as to this particular defendant. Plaintiff then filed a temporary restraining order on December 17, compelling defendants to issue a final decision regarding her gender-affirming surgery by a certain date. The court determined that it could not act on the motion for a TRO while the case was stayed as to Wellpath. Accordingly, Doe was told to file a new amended complaint removing Wellpath as a party. As such, the plaintiff filed a second amended complaint removing Wellpath.

Defendants filed a motion to dismiss the second amended complaint in the district court on February 4, 2025. The defendants argued that the plaintiff failed to plausibly allege any Eighth Amendment violations or denial of benefits under the ADA. The motion further claimed that at minimum, all the
personal-capacity claims should be dismissed because of qualified immunity. Due to the stay of the case from Wellpath's bankruptcy, the defendants noted that a decision on this motion could wait until the stay was lifted. The district court case, thus, also remains ongoing as of February 2025.

	Document
1 1:23-cv-05578	Complaint and Request for Relief	Dec. 6, 2023	Dec. 6, 2023 Complaint
71 1:23-cv-05578	Brief of Amicus Curiae ACLU of Georgia in Support of Plaintiff's Motion for Preliminary Injunction	Jan. 8, 2024	Jan. 8, 2024 Pleading / Motion / Brief
69 1:23-cv-05578	Statement of Interest of the United States	Jan. 8, 2024	Jan. 8, 2024 Pleading / Motion / Brief
74 1:23-cv-05578	Order	Jan. 11, 2024	Jan. 11, 2024 Order/Opinion
105 1:23-cv-05578	Complaint and Request for Relief	Feb. 13, 2024	Feb. 13, 2024 Complaint
218-1 1:23-cv-05578	Defendant's Memorandum in Support of Their Motion to Dismiss	Feb. 4, 2025	Feb. 4, 2025 Pleading / Motion / Brief
218 1:23-cv-05578	State Defendants’ Motion to Dismiss Plaintiff’s Second Amended Complaint	Feb. 4, 2025	Feb. 4, 2025 Pleading / Motion / Brief
131 1:23-cv-05578	Order	Feb. 11, 2025	Feb. 11, 2025 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT filed by Jane Doe. (Filing fee $405, receipt number AGANDC-13075996) (Attachments: # 1 Civil Cover Sheet)(kng) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 12/06/2023) 1 Civil Cover Sheet View on PACER	Dec. 6, 2023	Dec. 6, 2023 Clearinghouse
	Submission to District Judge	Dec. 6, 2023	Dec. 6, 2023 PACER
2	IMMEDIATE HEARING REQUESTED MOTION for Preliminary Injunction with Brief In Support by Jane Doe. (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Placeholder for Appendix in Support of Motion for Preliminary Injunction, # 3 Text of Proposed Order for Preliminary Injunction)(kng) (Entered: 12/06/2023)	Dec. 6, 2023	Dec. 6, 2023 PACER
	Set Deadlines/Hearings	Dec. 6, 2023	Dec. 6, 2023 PACER
3	MOTION for Leave to File Excess Pages for Plaintiff's Memorandum in Support by Jane Doe. (Attachments: # 1 Text of Proposed Order for Leave to File Excess Pages)(kng) (Entered: 12/06/2023)	Dec. 6, 2023	Dec. 6, 2023 PACER
4	STRUCK DOC. 4-1 PER 63 ORDER MOTION for Leave to File Appendix in Support Plaintiff's Motion for Preliminary Injunction(R. Doc. 2) by Jane Doe. (Attachments: # 1 Text of Proposed Order, # 2 Appendix Part 1, # 3 Appendix Part 2, # 4 Appendix Part 3)(Murell, Christopher) Modified to remove double wording on 12/7/2023 (kng). Modified on 12/29/2023 (kng). (Entered: 12/06/2023) 2 Appendix Part 1 View on PACER 3 Appendix Part 2 View on PACER 4 Appendix Part 3 View on PACER	Dec. 6, 2023	Dec. 6, 2023 RECAP
5	MOTION for Relief to Proceed Anonymously and Seal Identity with Brief In Support by Jane Doe. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Murell, Christopher) (Entered: 12/06/2023)	Dec. 6, 2023	Dec. 6, 2023 PACER
	Submission of 2 MOTION for Preliminary Injunction, 3 MOTION for Leave to File Excess Pages, 4 MOTION for Leave to File Appendix in Support Plaintiff's Motion for Preliminary Injunction (R. Doc. 2) 5 MOTION for Relief to Proceed Anonymously and Seal Identity to District Judge Michael L. Brown. (kng)	Dec. 6, 2023	Dec. 6, 2023 PACER
6	STANDING ORDER regarding Civil Litigation. Signed by Judge Michael L. Brown on 8/26/2021. (jpk) (Entered: 12/06/2023)	Dec. 6, 2023	Dec. 6, 2023 RECAP
7	MOTION to Expedite Hearing on Plaintiff's Motion for Preliminary Injunction by Jane Doe. (Attachments: # 1 Text of Proposed Order)(Murell, Christopher) (Entered: 12/06/2023)	Dec. 6, 2023	Dec. 6, 2023 PACER
8	MOTION to Strike R. Doc 4-1 and Substitute Corrected Proposed Order by Jane Doe. (Attachments: # 1 Text of Proposed Order, # 2 Corrected Proposed Order for R. Doc. 4-1)(Murell, Christopher) (Entered: 12/06/2023) 1 Text of Proposed Order View on PACER 2 Corrected Proposed Order for R. Doc. 4-1 View on PACER	Dec. 6, 2023	Dec. 6, 2023 RECAP
9	PROVISIONALLY SEALED NOTICE Of Filing Unredacted Exhibits by Jane Doe re 4 MOTION for Leave to File Appendix in Support Plaintiff's Motion for Preliminary Injunction(R. Doc. 2) (Attachments: # 1 Exhibit Unredacted Exh. 2 - Affidavit from Plaintiff, # 2 Exhibit Unredacted Exh. 8 - Partial Grievances, # 3 Exhibit Unredacted Exh. 9 - Letter to Centurion Health, # 4 Exhibit Unredacted Exh. 12 - Medical Records, # 5 Exhibit Unredacted Exh. 13 - Sealed Prior Case)(Murell, Christopher) (Entered: 12/06/2023) 1 Exhibit Unredacted Exh. 2 - Affidavit from Plaintiff View on PACER 2 Exhibit Unredacted Exh. 8 - Partial Grievances View on PACER 3 Exhibit Unredacted Exh. 9 - Letter to Centurion Health View on PACER 4 Exhibit Unredacted Exh. 12 - Medical Records View on PACER 5 Exhibit Unredacted Exh. 13 - Sealed Prior Case View on PACER	Dec. 6, 2023	Dec. 6, 2023 PACER
10	MOTION for Leave to File Matters Under Seal re: 9 Notice of Filing,, by Jane Doe. (Attachments: # 1 Text of Proposed Order)(Murell, Christopher) (Entered: 12/06/2023)	Dec. 6, 2023	Dec. 6, 2023 PACER
11	ORDER: The Court GRANTS Plaintiff's 7 Motion for Expedited Hearing on Preliminary Injunction and SETS a hearing on Plaintiff's 2 Motion for Preliminary Injunction for December 11, 2023, at 4:30 p.m., to take place before the Honorable Michael L. Brown, in Courtroom 1906, Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. The Court DENIES Plaintiff's 3 Motion for Leave to File Excess Pages as untimely, given that she filed her oversized brief in support of her motion for preliminary injunction before the Court ruled on the motion for leave. Plaintiff should not do that again. The Court ORDERS Plaintiff to serve Defendants with a copy of the complaint and all of her filings in this case on or before December 7, 2023, at 12:00 p.m. (See Order for further specifics.) Signed by Judge Michael L. Brown on 12/6/2023. (jpk) (Entered: 12/06/2023)	Dec. 6, 2023	Dec. 6, 2023 PACER
	Set Hearings: Preliminary Injunction hearing set for 12/11/2023 at 04:30 PM in ATLA Courtroom 1906 before Judge Michael L. Brown. (jpk)	Dec. 6, 2023	Dec. 6, 2023 PACER
12	MOTION for Extension of Time re 11 Order on Motion for Leave to File Excess Pages, Order on Motion to Expedite, MOTION to Extend Service Deadline and Modify December 6, 2023 Order by Jane Doe. (Attachments: # 1 Text of Proposed Order to Motion to Extend Service Deadline and Modify December 6, 2023 Order)(Utter, David) Modified to remove capitalization on 12/8/2023 (kng). (Entered: 12/07/2023) 1 Text of Proposed Order Proposed Order- to MOTION TO EXTEND SERVICE DEADLINE AND View on PACER	Dec. 7, 2023	Dec. 7, 2023 RECAP
13	PROPOSED SUMMONS filed by Jane Doe Notice of Filing Summons to be Issued by the Clerk of Court (Attachments: # 1 Summons Anthony Mulloy- GDC, # 2 Summons Chad Lohman- GDC Central, # 3 Summons Dr. Bowling- GDC, # 4 Summons Ga. Department of Corrections, # 5 Summons Randy Sauls- GDC Central, # 6 Summons Sharon Lewis- GDC Central, # 7 Summons Tyrone Oliver- GDC Central, # 8 Summons Centurion Health, # 9 Summons Chad Lohman- Centurion, # 10 Summons Dr. Bowling- Centurion, # 11 Summons Dr. Cleary- Centurion, # 12 Summons Dr. Skibinski- Centurion, # 13 Summons Dr. W. Ausborn- Centurion, # 14 Summons Jeremy Lane- Centurion, # 15 Summons MHM- Centurion, # 16 Summons Rhonda Billings- Centurion, # 17 Summons Sidney Moore- Centurion, # 18 Summons DeShawn Jones -PSP, # 19 Summons Dr. Cleary-PSP, # 20 Summons Dr. Skibinski-PSP, # 21 Summons Jamal Kinte Roberts-PSP, # 22 Summons Jewellann Clarke-PSP, # 23 Summons Latonya James-PSP, # 24 Summons Rhonda Billings-PSP, # 25 Summons Anthony Mulloy- Well Path, # 26 Summons Jewellann Clarke- Well Path, # 27 Summons Latonya James- Well Path, # 28 Summons Well Path)(Utter, David) Modified to remove capitalization on 12/11/2023 (kng). (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
14	APPLICATION for Admission of Francesca Eick Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13081714).by Jane Doe. (Utter, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
15	APPLICATION for Admission of Ronald Scott Novak, Jr. Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13081724).by Jane Doe. (Utter, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
16	APPLICATION for Admission of D Dangaran Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13081729).by Jane Doe. (Utter, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
17	APPLICATION for Admission of Miriam R. Nemeth Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13081743).by Jane Doe. (Utter, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
18	APPLICATION for Admission of Katherine Jeffress Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13081753).by Jane Doe. (Utter, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
19	APPLICATION for Admission of Hannah Roskey Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13081760).by Jane Doe. (Utter, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
20	Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Meghan Matt. Clerk to follow-up by 12/18/2023. (djs) (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
21	Electronic Summons Issued as to All Defendants. (kng) (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
22	ORDER: The Court GRANTS IN PART and DENIES IN PART Plaintiff's 12 Motion to Extend Service Deadline and Modify December 6, 2023 Order. The Court ORDERS Plaintiff to serve Defendants with the complaint and with all her filings in this case (or obtain waivers of service) by 12:00 p.m. on December 8, 2023. The Court further ORDERS that Plaintiff's out-of-state counsel may represent her at the December 11 hearing without local counsel. Should Plaintiff's local counsel wish to participate, however, they must appear in person. (See Order for further specifics.) Signed by Judge Michael L. Brown on 12/7/2023. (jpk) (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
23	APPLICATION for Admission of Meghan Matt Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13082895).by Jane Doe. (Utter, David) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/07/2023)	Dec. 7, 2023	Dec. 7, 2023 PACER
24	Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Sterling Marchand. Clerk to follow-up by 12/18/2023. (cpp) (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 RECAP
	Notice of Video/Telephone Proceeding	Dec. 8, 2023	Dec. 8, 2023 PACER
25	Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Nicholas Palmieri. Clerk to follow-up by 12/18/2023. (cpp) (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 PACER
	NOTICE OF TELEPHONE PROCEEDING (by docket entry only): The Court SETS a conference call for 12/8/2023 at 12:30 PM (EST) via Zoom before Judge Michael L. Brown. All of plaintiff's attorneys, including local counsel, must be on the call. Connection Instructions: Join ZoomGov Meeting https://ganduscourts.zoomgov.com/j/1601741539. Meeting ID: 160 174 1539. Passcode: 103915. Telephone Number: 646-828-7666. You must follow the instructions of the Court for remote proceedings available here. The procedure for filing documentary exhibits admitted during the proceeding is available here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (jpk)	Dec. 8, 2023	Dec. 8, 2023 PACER
26	Return of Service Executed by Jane Doe. Centurion Health served on 12/8/2023, answer due 12/29/2023. Served Summons, Complaint, Motion for PI, and Related Motions and Filings, as to Centurion Health. (Murell, Christopher) Modified to accurately reflect e-filed document on 12/11/2023 (kng). (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 PACER
27	Return of Service Executed by Jane Doe. MHM Services Inc. served on 12/8/2023, answer due 12/29/2023. Served Summons, Complaint, Motion for PI, and Related Motions and Filings, as to MHM Services, Inc. (Murell, Christopher) Modified to accurately reflect e-filed document on 12/11/2023 (kng). (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 PACER
	Order	Dec. 8, 2023	Dec. 8, 2023 PACER
28	MOTION for Relief Seeking Leave to Proceed with Dec 11 Hearing with Noticed Defendants by Jane Doe. (Attachments: # 1 Text of Proposed Order)(Murell, Christopher) Modified to remove capitalization on 12/11/2023 (kng). (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 PACER
29	NOTICE of Appearance by Roger A. Chalmers on behalf of Georgia Department of Corrections, DeShawn Jones, Sharon Lewis, Chad I. Lohman, Tyrone Oliver, Randy Sauls (Chalmers, Roger) (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 PACER
30	WAIVER OF SERVICE Returned Executed by Jane Doe. Sharon Lewis waiver mailed on 12/8/2023, answer due 2/6/2024; Chad I. Lohman waiver mailed on 12/8/2023, answer due 2/6/2024; Randy Sauls waiver mailed on 12/8/2023, answer due 2/6/2024. (Murell, Christopher) (Entered: 12/08/2023)	Dec. 8, 2023	Dec. 8, 2023 PACER
	Return of Application for Admission Pro Hac Vice	Dec. 8, 2023	Dec. 8, 2023 PACER
	APPROVAL by Clerks Office re: 14 APPLICATION for Admission of Francesca Eick Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13081714). Attorney Francesca Eick added appearing on behalf of Jane Doe. E-filing access may be requested after an order granting the application is entered. (rvb)	Dec. 8, 2023	Dec. 8, 2023 PACER
	APPROVAL by Clerks Office re: 15 APPLICATION for Admission of Ronald Scott Novak, Jr. Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13081724). Attorney Ronald Scott Novak, Jr. added appearing on behalf of Jane Doe. E-filing access may be requested after an order granting the application is entered. (rvb)	Dec. 8, 2023	Dec. 8, 2023 PACER

Case: Doe v. Georgia Department of Corrections

1:23-cv-05578 | U.S. District Court for the Northern District of Georgia

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