Case: Cordellione v. Commissioner, Indiana Department of Correction

3:23-cv-00135 | U.S. District Court for the Southern District of Indiana

Filed Date: Aug. 28, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 28, 2023, a transgender woman incarcerated in an Indiana male prison sued the Commissioner of the Indiana Department of Correction (“DOC”) in the U.S. District Court for the Southern District of Indiana, Evansville Division. The plaintiff had been prescribed gender-affirming surgery but was denied care based on an Indiana statute prohibiting the DOC from providing gender-affirming surgery to prisoners, Ind. Code § 11-10-3-3.5(a) [eff. 7/1/23]. The plaintiff alleged that this denial of…

On August 28, 2023, a transgender woman incarcerated in an Indiana male prison sued the Commissioner of the Indiana Department of Correction (“DOC”) in the U.S. District Court for the Southern District of Indiana, Evansville Division. The plaintiff had been prescribed gender-affirming surgery but was denied care based on an Indiana statute prohibiting the DOC from providing gender-affirming surgery to prisoners, Ind. Code § 11-10-3-3.5(a) [eff. 7/1/23]. The plaintiff alleged that this denial of medically necessary treatment violated the Eighth Amendment. The plaintiff also alleged that this denial violated the Equal Protection Clause of the Fourteenth Amendment because non-transgender prisoners can undergo medically necessary surgeries, including cisgender female prisoners receiving the same surgeries the plaintiff was prescribed. The plaintiff sought declaratory and injunctive relief. This case was assigned to District Judge Richard L. Young and Magistrate Judge Crystal S. Wildeman.

On September 5, the plaintiff filed for a motion for preliminary injunction so that she would receive all necessary preparatory steps and eventual performance of gender-affirming surgery. On February 20, 2024, the U.S. Department of Justice - Civil Rights Division filed a brief of support for the plaintiff concluding that Indiana’s blanket ban on gender-affirming surgery for transgender people in DOC custody violated the Eighth Amendment and the Equal Protection Clause of the Fourteenth Amendment. 

In response, the DOC filed for a motion to dismiss for lack of subject-matter jurisdiction on March 8. On September 17, Judge Young granted the plaintiff’s motion for preliminary injunction, and denied the DOC’s motion to dismiss for lack of subject-matter jurisdiction. The court found that the statute violated both the Eighth Amendment and the Equal Protection Clause of the Fourteenth Amendment. The Indiana statute violated the plaintiff’s Eighth Amendment right because it prohibited medically necessary care for inmates for whom gender-affirming surgery is medically necessary. This statute also violated the Equal Protection Clause because it prevented transgender inmates from accessing medically necessary care while cisgender inmates still have access to that same care. Accordingly, Judge Young ordered that the plaintiff receive gender-affirming surgery at the earliest opportunity. 

On October 16, the DOC appealed the preliminary injunction to the Seventh Circuit Court of Appeals, but in the meantime, on December 6, Judge Young renewed the preliminary injunction finding that the plaintiff had demonstrated a reasonable likelihood of success on the merits that the Indiana statute is unconstitutional, both on its face and applied to her. Furthermore, when considering the irreparable harm the plaintiff is suffering and will suffer unless she is provided with gender-affirming surgery, the court found the balance of harms favored the plaintiff. On December 9, the DOC appealed the renewal of the order of preliminary injunction. The case is ongoing as of February 4, 2025.

Summary Authors

Danica Fong (2/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67734444/parties/cordellione-v-commissioner-indiana-department-of-correction/


Judge(s)
Attorney for Plaintiff

Falk, Kenneth J. (Indiana)

Attorney for Defendant

Carlisle, Alexander Robert (Indiana)

Davis, Bradley (Indiana)

Durham, Rebekah (Indiana)

Expert/Monitor/Master/Other

Fowler, John (Indiana)

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Documents in the Clearinghouse

Document

24-2838

Docket 24-2838

Autumn Cordellione v. Lloyd Arnold

U.S. Court of Appeals for the Seventh Circuit

Jan. 30, 2025

Jan. 30, 2025

Docket
1

3:23-cv-00135

Complaint for Declaratory and Injunctive Relief / Notice to Challenge of Constitutionality of an Indiana Statute

Aug. 28, 2023

Aug. 28, 2023

Complaint
46

3:23-cv-00135

Statement of Interest of the United States

Feb. 20, 2024

Feb. 20, 2024

Statement of Interest (DOJ)
96

3:23-cv-00135

Order Granting Motion for Preliminary Injunction

Sept. 17, 2024

Sept. 17, 2024

Order/Opinion

2024 WL 4333152

97

3:23-cv-00135

Preliminary Injunction

Sept. 17, 2024

Sept. 17, 2024

Order/Opinion
121

3:23-cv-00135

Order Renewing Preliminary Injunction

Oct. 6, 2024

Oct. 6, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67734444/cordellione-v-commissioner-indiana-department-of-correction/

Last updated March 5, 2025, 8:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief / Notice to Challenge of Constitutionality of an Indiana Statute against All Defendants, filed by AUTUMN CORDELLION. (Filing fee $402, receipt number AINSDC-7783549) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Falk, Kenneth) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

Clearinghouse
2

NOTICE of Appearance by Kenneth J. Falk on behalf of Plaintiff AUTUMN CORDELLION. (Falk, Kenneth) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
3

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiff AUTUMN CORDELLION. (Rose, Gavin) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
4

NOTICE of Appearance by Stevie J. Pactor on behalf of Plaintiff AUTUMN CORDELLION. (Pactor, Stevie) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
5

Summons Issued as to COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (JRB) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER
6

Notice to File Rule 7.1 Disclosure Statement. (RAGS) (JRB) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER
7

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER
8

NOTICE of Correction of Scrivener's Error, filed by Plaintiff AUTUMN CORDELLIONE (Falk, Kenneth) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER
9

Notice of Reassignment of Case to Magistrate Judge Crystal S. Wildeman. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number (3:23-cv-00135-RLY-CSW), which includes the initials of the newly assigned judge, on all future filings in this matter. (BRR) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
10

MOTION for Preliminary Injunction, filed by Plaintiff AUTUMN CORDELLIONE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/05/2023)

Sept. 5, 2023

Sept. 5, 2023

PACER
11

NOTICE of Appearance by Alexander Robert Carlisle on behalf of Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

PACER
12

NOTICE of Appearance by Katherine A Meltzer on behalf of Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Meltzer, Katherine) (Entered: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

PACER
13

NOTICE of Appearance by Adrienne Nicole Pope on behalf of Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Pope, Adrienne) (Entered: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

PACER
14

NOTICE of Appearance by Rebekah Durham on behalf of Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Durham, Rebekah) (Entered: 09/08/2023)

Sept. 8, 2023

Sept. 8, 2023

PACER
15

RETURN of Service by CMRRR, filed by AUTUMN CORDELLIONE. COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION served on 8/31/2023. (Falk, Kenneth) (Entered: 09/14/2023)

Sept. 14, 2023

Sept. 14, 2023

PACER
16

RESPONSE in Opposition re 10 MOTION for Preliminary Injunction, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 09/19/2023)

Sept. 19, 2023

Sept. 19, 2023

PACER
17

NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 09/19/2023)

Sept. 19, 2023

Sept. 19, 2023

PACER
18

MOTION for Attorneys' Conference, filed by Plaintiff AUTUMN CORDELLIONE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 09/21/2023)

Sept. 21, 2023

Sept. 21, 2023

PACER
19

ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - The above case is hereby assigned for an INITIAL PRETRIAL CONFERENCE on November 13, 2023 at 9:30 a.m., Evansville Time (CST), TELEPHONIC, before the Honorable Crystal S. Wildeman, United States Magistrate Judge. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Crystal S. Wildeman on 10/02/2023.(AAS) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER
20

ORDER ON MOTION TO SCHEDULE ATTORNEYS' CONFERENCE - Plaintiff having filed her Motion for Attorneys' Conference (Dkt. No. 18 ), and the Court being duly advised in the premises hereby GRANTS said motion. IT IS THEREFORE ORDERED that a TELEPHONIC STATUS CONFERENCE is set before Magistrate Judge Crystal S. Wildeman on October 12, 2023 at 10:00 a.m., Evansville time (CST). The purpose of the conference is to establish a briefing schedule on the preliminary injunction motion. The information needed to participate in this telephone conference will be provided by a separate notification. Signed by Magistrate Judge Crystal S. Wildeman on 10/3/2023.(SWM) (Entered: 10/03/2023)

Oct. 3, 2023

Oct. 3, 2023

PACER
22

MINUTE ORDER for proceedings held before Magistrate Judge Crystal S. Wildeman: Status Conference held on 10/12/2023. Briefing Schedule on 10 Motion for Preliminary Injunction and Related Discovery. The parties confirmed a general four-month briefing schedule on Plaintiff's Motion for Preliminary Injunction as follows. The parties are DIRECTED to adhere to the deadlines set forth herein. **See Order for complete Briefing Schedule.*** A Telephonic Status Conference is set for 12/7/2023 at 01:00 PM (Central Time) before Magistrate Judge Crystal S. Wildeman. Signed by Magistrate Judge Crystal S. Wildeman. (TMB) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

PACER
23

ORDER SCREENING COMPLAINT - This action will proceed as pled against the IDOC Commissioner in her official capacity Defendant was served and has appeared in this action. Dkt. 5 (summons issued); dkts. 11-14 (notices of appearances); dkt. 15 (return of service). Defendant's counsel will receive electronic notice of this screening order and the complaint. Defendant has filed a notice of automatic initial extension of time, up to and including October 19, 2023, to file a responsive pleading. The court acknowledges Plaintiff's pending motion for preliminary injunction, filed on September 5, 2023, at docket 10. The court held a telephonic status conference on October 12, 2023, to discuss Plaintiff's motion, and further details related to that conference, will issue via separate order. SEE ORDER. Signed by District Judge Richard L Young on 10/16/2023.(JRB) (Entered: 10/16/2023)

Oct. 16, 2023

Oct. 16, 2023

PACER
24

SCHEDULING ORDER - The court sets this matter for hearing on Plaintiff's Motion 10 for Preliminary Injunction on MARCH 26, 2024, at 10:30 a.m. Counsel shall appear before the Honorable Richard L. Young, Judge, in room 301 of the Federal Building, 101 N.W. Martin Luther King, Jr., Blvd., Evansville, Indiana 47708. Signed by District Judge Richard L Young on 10/18/2023.(AAS) (Entered: 10/18/2023)

Oct. 18, 2023

Oct. 18, 2023

PACER
25

Defendants ANSWER to 1 Complaint and Jury Trial Demand, filed by COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION.(Carlisle, Alexander) (Entered: 10/19/2023)

Oct. 19, 2023

Oct. 19, 2023

PACER
26

ORDER TO SHOW CAUSE - Defendant has through November 3, 2023, in which to file a notice with the court identifying the factual and/or legal basis for the affirmative defense that Plaintiff failed to exhaust her administrative remedies. Alternatively, Defendant may file a notice with the court withdrawing the defense. SEE ORDER. Signed by District Judge Richard L Young on 10/20/2023.(AAS) (Entered: 10/20/2023)

Oct. 20, 2023

Oct. 20, 2023

PACER
27

Joint MOTION to Vacate 19 Scheduling Order regarding Initial Pretrial Conference and Case Management Plan, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Attachments: # 1 Text of Proposed Order)(Carlisle, Alexander) (Entered: 11/03/2023)

1 Text of Proposed Order

View on PACER

Nov. 3, 2023

Nov. 3, 2023

PACER
28

RESPONSE re 26 Order to Show Cause Regarding Exhaustion and Notice of Withdrawal of Affirmative Defense, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
29

ORDER GRANTING 27 JOINT MOTION TO VACATE INITIAL PRETRIAL CONFERENCE AND SUSPENDING CASE MANAGEMENT PLAN SUBMISSION DEADLINE - The November 13, 2023, initial pretrial conference is hereby VACATED and the November 6 deadline to submit a case management plan is hereby SUSPENDED. Within thirty (30) days of a ruling from the Court on Plaintiff's motion for preliminary injunction, the parties should notify the magistrate judge of probability of appeal and/or need for re-scheduling an initial pretrial conference. (See Order.) Signed by Magistrate Judge Crystal S. Wildeman on 11/6/2023. (JSR) (Entered: 11/07/2023)

Nov. 6, 2023

Nov. 6, 2023

PACER
30

MOTION for Protective Order, filed by Plaintiff AUTUMN CORDELLIONE. (Attachments: # 1 Text of Proposed Order Uniform Stipulated Protective Order)(Falk, Kenneth) (Entered: 11/28/2023)

1 Text of Proposed Order Uniform Stipulated Protective Order

View on PACER

Nov. 28, 2023

Nov. 28, 2023

PACER
31

NOTICE of Appearance by Bradley Davis on behalf of Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Davis, Bradley) (Entered: 11/28/2023)

Nov. 28, 2023

Nov. 28, 2023

PACER
32

ORDER granting 30 Motion for Protective Order. Uniform Stipulated Protective Order entered. See Order for details. Signed by Magistrate Judge Crystal S. Wildeman on 11/29/2023. (LBT) (Entered: 11/29/2023)

Nov. 29, 2023

Nov. 29, 2023

PACER
34

NOTICE AND ORDER - The Telephonic Status Conference is RESET for 12/7/2023 at 2:00 PM (Central Time) before Magistrate Judge Crystal S. Wildeman. Please note that only the time has changed for this conference. The information needed by counsel to participate in this telephonic conference was previously provided (Dkt. No. 33 ) and remains unchanged. (See Order.) Signed by Magistrate Judge Crystal S. Wildeman on 12/5/2023. (JSR) (Entered: 12/05/2023)

Dec. 5, 2023

Dec. 5, 2023

PACER
36

MINUTE ORDER for proceedings held before Magistrate Judge Crystal S. Wildeman: Status Conference held on 12/7/2023. The Parties discussed progress with discovery in preparing for the March 26, 2024, Preliminary Injunction hearing. No further orders are entered at this time. Signed by Magistrate Judge Crystal S. Wildeman. (TMB) (Entered: 12/07/2023)

Dec. 7, 2023

Dec. 7, 2023

PACER
37

NOTICE of Filing of Exhibits Relied Upon in Preliminary Injunction Memorandum 10 by AUTUMN CORDELLIONE (Attachments: # 1 Exhibit Expert Report - Dr. Ettner, # 2 Exhibit Expert Report - Dr. Schechter, # 3 Exhibit Deposition of Dr. Bedford, # 4 Exhibit Declaration of plaintiff) (Falk, Kenneth) Modified on 12/22/2023 to link to 10 (BRR). (Entered: 12/21/2023)

1 Exhibit Expert Report - Dr. Ettner

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2 Exhibit Expert Report - Dr. Schechter

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3 Exhibit Deposition of Dr. Bedford

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4 Exhibit Declaration of plaintiff

View on PACER

Dec. 21, 2023

Dec. 21, 2023

PACER
38

BRIEF/MEMORANDUM in Support re 10 MOTION for Preliminary Injunction, filed by Plaintiff AUTUMN CORDELLIONE. (Falk, Kenneth) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

PACER
39

NOTICE of Filing Complete Exhibit Docket No. 37-4 by AUTUMN CORDELLIONE (Attachments: # 1 Exhibit Complete declaration of plaintiff) (Falk, Kenneth) (Entered: 12/26/2023)

1 Exhibit Complete declaration of plaintiff

View on PACER

Dec. 26, 2023

Dec. 26, 2023

PACER
40

SCHEDULING ORDER: Telephonic Discovery Conference set for 1/31/2024 at 03:00 PM (Central Time) before Magistrate Judge Crystal S. Wildeman. **SEE ORDER** Signed by Magistrate Judge Crystal S. Wildeman on 1/29/2024.(TMB) (Entered: 01/29/2024)

Jan. 29, 2024

Jan. 29, 2024

PACER
42

MINUTE ORDER for proceedings held before Magistrate Judge Crystal S. Wildeman: Discovery Conference held on 1/31/2024. After hearing argument, the Court confirmed the parties' ability to proceed to briefing the issue further if they are not able to reach resolution about the production of these documents. Further, the Court encouraged the parties to meet and confer about a protective order to assuage Plaintiff's expert's concerns about the ethical implications of disclosing the documents. The parties may file a jointly drafted order and protective order if necessary to address those concerns. No further orders were issued. Signed by Magistrate Judge Crystal S. Wildeman. (TMB) (Entered: 02/01/2024)

Feb. 1, 2024

Feb. 1, 2024

PACER
43

Joint MOTION to Approve Proposed Orders Concerning Discovery Dispute, filed by Plaintiff AUTUMN CORDELLIONE. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order Supplement to Protective Order)(Falk, Kenneth) (Entered: 02/06/2024)

1 Text of Proposed Order

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2 Text of Proposed Order Supplement to Protective Order

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Feb. 6, 2024

Feb. 6, 2024

PACER
44

ORDER granting 43 Motion to Approve Proposed Orders Concerning Discovery Dispute. The Court approves the Supplement to Protective Order by separate Order and hereby ORDERS plaintiff to produce the discovery noted in the Supplement to Protective Order. See Order for details. Signed by Magistrate Judge Crystal S. Wildeman on 2/6/2024. (LBT) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER
45

SUPPLEMENT TO PROTECTIVE ORDER TO COVER TESTING MATERIALS REQUESTED BY DEFENDANT. See Order for details. Signed by Magistrate Judge Crystal S. Wildeman on 2/6/2024.(LBT) (Entered: 02/06/2024)

Feb. 6, 2024

Feb. 6, 2024

PACER
46

BRIEF/MEMORANDUM in Support of Statement of Interest, filed by Interested Party UNITED STATES OF AMERICA. (Fowler, John) (Entered: 02/20/2024)

Feb. 20, 2024

Feb. 20, 2024

Clearinghouse
47

NOTICE of Appearance by John Fowler on behalf of Interested Party UNITED STATES OF AMERICA. (Fowler, John) (Entered: 02/20/2024)

Feb. 20, 2024

Feb. 20, 2024

PACER
48

ORDER - This matter is set for a hearing on Plaintiff's Motion for Preliminary Injunction on March 26, 2024, at 10:30 a.m. in Room 301, United States Courthouse, 101 Northwest MLK Jr. Blvd., Evansville, Indiana 47708. To prepare for the hearing, the court now ORDERS that the parties file the following items by March 19, 2024 - SEE ORDER. Signed by District Judge Richard L Young on 2/20/2024.(SWM) (Entered: 02/21/2024)

Feb. 20, 2024

Feb. 20, 2024

PACER
49

ORDER to PRODUCE INMATE. Warden of Branchville Correctional Facility ordered to produce Autumn Cordellione, a/k/a Jonathan Richardson - DOC # 127630 for court proceeding on 3/26/2024. Signed by District Judge Richard L Young on 2/21/2024 (Copy mailed to Warden Danny Mitchell). Electronic notice to USM-W.(LBT) (Entered: 02/21/2024)

Feb. 21, 2024

Feb. 21, 2024

PACER
50

Unopposed MOTION for Leave to File Excess Pages in Response to Motion for Preliminary Injunction, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Attachments: # 1 Text of Proposed Order Granting Oversized Brief)(Carlisle, Alexander) (Entered: 03/04/2024)

1 Text of Proposed Order Granting Oversized Brief

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March 4, 2024

March 4, 2024

PACER
51

Unopposed MOTION for Extension of Time to March 19, 2024 to File Response to United States Statement of Interest, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Attachments: # 1 Text of Proposed Order)(Carlisle, Alexander) (Entered: 03/05/2024)

1 Text of Proposed Order

View on PACER

March 5, 2024

March 5, 2024

PACER
52

ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE OVERSIZED RESPONSE BRIEF - granting 50 Motion for Leave to File Excess Pages. The Defendant may file a response brief not to exceed fifty pages. Further, pursuant to agreement of the parties, the Plaintiff may file a reply brief not to exceed thirty pages. Signed by District Judge Richard L Young on 3/5/2024. (KAA) (Entered: 03/05/2024)

March 5, 2024

March 5, 2024

PACER
53

ORDER granting 51 Motion for Extension of Time to File: IT IS ORDERED that the Defendant shall have up to and including March 19, 2024, to file her response to United States of America's statement of interest. See Order. Signed by Magistrate Judge Crystal S. Wildeman on 3/6/2024. (LF) (Entered: 03/07/2024)

March 6, 2024

March 6, 2024

PACER
54

NOTICE of Filing of Exhibits by COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION (Attachments: # 1 Exhibit 5 - HCSD 2.17A Transgender Health Services, # 2 Exhibit 6 - DSM Criteria Gender Dysphoria, # 3 Exhibit 15 - Policy No. 02-01-118 Inclusive Gender Practices, # 4 Exhibit 16 - Policy No. 02-01-115 Sexual Abuse PREA (1 of 2), # 5 Exhibit 16 - Policy No. 02-01-115 Sexual Abuse PREA (2 of 2), # 6 Exhibit 18 - Miller et al., Breast Augmentation in male-to-female transgender patients, # 7 Exhibit 19 - Alcon et al., Quantifying the Psychosocial Benefits of Masculinizing Mastectomy in Trans Male Patients (abstract only), # 8 Exhibit 20 - Newfield et al., Female-to-male transgender quality of life, # 9 Exhibit 21 - Weigert et al., Patient Satisfaction with Breasts and Psychosocial, Sexual, and Physical Well-Being after Breast Augmentation in Male-to-Female Transsexuals, # 10 Exhibit 22 - Horbach et al., Outcome of Vaginoplasty in Male-to-Female Transgenders: A Systematic Review of Surgical Techniques, # 11 Exhibit 23 - Hess et al., Satisfaction With Male-to-Female Gender Reassignment Surgery, # 12 Exhibit 24 - Hadj-Moussa, Feminizing Genital Gender-Confirmation Surgery, # 13 Exhibit 25 - Papadopulos et al., Male-to-Female Sex Reassignment Surgery Using the Combined Technique Leads to Increased Quality of Life in a Prospective Surgery, # 14 Exhibit 26 - Frederick et al., Chest Surgery in Female to Male Transgender Individuals, # 15 Exhibit 27 - Agarwal et al., Quality of life improvement after chest wall masculinization in female-to-male transgender patients, # 16 Exhibit 28 - Olson-Kennedy et al., Chest Reconstruction and Chest Dysphoria in Transmasculine Minors and Young Adults, # 17 Exhibit 30 - Bishop et al., Pain and Dysfunction Reported after Gender-Affirming Surgery, # 18 Exhibit 31 - Stephen B. Levine, M.D., CV, # 19 Exhibit 32 - Stephen B. Levine, M.D., Expert Report, # 20 Exhibit 33 - Dunford et al., Genital Reconstructive Surgery in Male to Female Patients: a Systematic Review of Primary Surgical Techniques, Complication Profiles, and Functional Outcomes from 1950 to Present Day, # 21 Exhibit 34 - Buncamper et al., Surgical Outcome after Penile Inversion Vaginoplasty: A Retrospective Study of 475 Transgender Women, # 22 Exhibit 35 - Djordjevic et al., Reversal Surgery in Regretful Male-to-Female Transsexuals After Sex Reassignment Surgery, # 23 Exhibit 36 - Littman et al., Individuals Treated for Gender Dysphoria with Medical and/or Surgical Transition Who Subsequently Detransitioned: A Survey of 100 Detransitioners, # 24 Exhibit 37 - Dhejne et al., Long-Term Follow-up of Transsexual Persons Undergoing Sex Reassignment Surgery: Cohort Study in Sweden, # 25 Exhibit 38 - Almazan et al., Association Between Gender-Affirming Surgeries and Mental Health Outcomes, # 26 Exhibit 39 - Miller et al., Patients' Perceived Level of Clinician Knowledge of Transgender Health Care, Self-rated Health, and Psychological Distress Among Transgender Adults, # 27 Exhibit 40 - Heylens et al., Effects of Different Steps in Gender Reassignment Therapy on Psychopathology: A Prospective Study of Persons with a Gender Identity Disorder, # 28 Exhibit 41 - Da Silva et al., WHOQOL-100 Before and After Sex Reassignment Surgery in Brazilian Male-to-Female Transsexual Individuals, # 29 Exhibit 48 - Van Der Sluis et al., Genital gender-affirming surgery for transgender women, # 30 Exhibit 51 - Plaintiff's Gender Dysphoria Protocol Responses, # 31 Exhibit 52 - Plaintiff's Hormonal Therapy Records, # 32 Exhibit 53 - Plaintiff's 2010 Medical Records, # 33 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (1 of 6), # 34 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (2 of 6), # 35 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (3 of 6), # 36 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (4 of 6), # 37 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (5 of 6), # 38 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (6 of 6), # 39 Exhibit 55 - Plaintiff's 2020-2021 Medical Records (1 of 4), # 40 Exhibit 55 - Plaintiff's 2020-2021 Medical Records (2 of 4), # 41 Exhibit 55 - Plaintiff's 2020-2021 Medical Records (3 of 4), # 42 Exhibit 55 - Plaintiff's 2020-2021 Medical Records (4 of 4), # 43 Exhibit 56 - Transgender Placement Review, # 44 Exhibit 61 - Sexual Harassment Report of Investigation, # 45 Exhibit 62 - Plaintiff's 7/22/19 Medical Record, # 46 Exhibit 63 - Plaintiff's 4/24/19 Medical Record, # 47 Exhibit 64 - CMS 2016 Decision Memo (1 of 3), # 48 Exhibit 64 - CMS 2016 Decision Memo (2 of 3), # 49 Exhibit 64 - CMS 2016 Decision Memo (3 of 3), # 50 Exhibit 65 - Branstrom & Pachankis, Reduction in Mental Health Treatment Utilization Among Transgender Individuals After Gender-Affirming Surgeries, # 51 Exhibit 67 - Zamaryte et al., Pharmacovigilance and Principle of Nonmaleficence in Sex Reassignment, # 52 Exhibit 68 - English et al., Men with coronary artery disease have lower levels of androgens than men with normal coronary angiograms, # 53 Exhibit 69 - Plaintiff's 2019 Medical Records (1 of 2), # 54 Exhibit 69 - Plaintiff's 2019 Medical Records (2 of 2), # 55 Exhibit 70 - Hruz, Deficiencies in Scientific Evidence for Medical Management of Gender Dysphoria, # 56 Exhibit 71 - Dahlen et al., International clinic practice guidelines for gender minority/trans people, # 57 Exhibit 72 - Plaintiff's 2023 - 2024 Medical Recordsmail from Stephen B. Levine, M.D., # 58 Exhibit 73 - E-mail from Stephen B. Levine, M.D., # 59 Exhibit 74 - Deposition Transcript Stephen B. Levine, M.D. (1 of 4), # 60 Exhibit 74 - Deposition Transcript Stephen B. Levine, M.D. (2 of 4), # 61 Exhibit 74 - Deposition Transcript Stephen B. Levine, M.D. (3 of 4), # 62 Exhibit 74 - Deposition Transcript Stephen B. Levine, M.D. (4 of 4), # 63 Exhibit 75 - Deposition Transcript Loren Schechter, M.D. (1 of 3), # 64 Exhibit 75 - Deposition Transcript Loren Schechter, M.D. (2 of 3), # 65 Exhibit 75 - Deposition Transcript Loren Schechter, M.D. (3 of 3), # 66 Exhibit 76 - Deposition Transcript Randi Ettner, Ph.D. (1 of 3), # 67 Exhibit 76 - Deposition Transcript Randi Ettner, Ph.D. (2 of 3), # 68 Exhibit 76 - Deposition Transcript Randi Ettner, Ph.D. (3 of 3), # 69 Exhibit 77 - Deposition Transcript Plaintiff (1 of 4), # 70 Exhibit 77 - Deposition Transcript Plaintiff (2 of 4), # 71 Exhibit 77 - Deposition Transcript Plaintiff (3 of 4), # 72 Exhibit 77 - Deposition Transcript Plaintiff (4 of 4), # 73 Exhibit 78 - Declaration Michael Farjellah, Psy.D., # 74 Exhibit 79 - Declaration Dan Mitchell, # 75 Exhibit 80 - Declaration Linda Thomas, # 76 Exhibit 81 - Demonstrative Exhibit Regarding Plaintiff's Medical Literature, # 77 Exhibit 82 - Plaintiff's 4/1/14 Medical Record, # 78 Exhibit 84 - Schlich, Cutting the body to cure the mind, # 79 Exhibit 85 - Lindqvist, Quality of life improves early after gender reassignment surgery in transgender women, # 80 Exhibit 86 - Marique et al., Complications and Patient-Reported Outcomes in Male-to-Female Vaginoplasty - Where We Are Today, # 81 Exhibit 87 - Smith et al., Sex reassignment: outcomes and predictors of treatment for adolescent and adult transsexuals, # 82 Exhibit 88 - Van de Grift et al., Surgical Indications and Outcomes of Mastectomy in Transmen, # 83 Exhibit 89 - Jarolim et al, Gender Reassignment Surgery in Male-to-Female Transsexualism: A Retrospective 3-Month Follow-up Study with Anatomical Remarks, # 84 Exhibit 90 - Gijs et al., Surgical Treatment of Gender Dysphoria in Adults and Adolescents (1 of 2), # 85 Exhibit 90 - Gijs et al., Surgical Treatment of Gender Dysphoria in Adults and Adolescents (2 of 2), # 86 Exhibit 91 - Ainsworth et al., Quality of life of individuals with and without facial feminization surgery or gender reassignment surgery, # 87 Exhibit 92 - Lawrence, Factors Associated With Satisfaction of Regret Following Male-to-Female Sex Reassignment Surgery, # 88 Exhibit 93 - Lawrence, Measurement of Sexual Arousal in Postoperative Male-to-Female Transsexuals Using Vaginal Photoplethysmography, # 89 Exhibit 94 - Lawrence, Patient-Reported Complications and Functional Outcomes of Male-to-Female Sex Reassignment Surgery, # 90 Exhibit 95 - Lobato et al., Follow-up of Sex Reassignment Surgery in Transsexuals: A Brazilian Cohort, # 91 Exhibit 96 - De Cuypere et al., Sexual and Physical Health After Sex Reassignment Surgery) (Carlisle, Alexander) Modified exhibit number and text of attachment 90 on 3/8/2024 (DWH). (Entered: 03/07/2024)

1 Exhibit 5 - HCSD 2.17A Transgender Health Services

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2 Exhibit 6 - DSM Criteria Gender Dysphoria

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3 Exhibit 15 - Policy No. 02-01-118 Inclusive Gender Practices

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4 Exhibit 16 - Policy No. 02-01-115 Sexual Abuse PREA (1 of 2)

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5 Exhibit 16 - Policy No. 02-01-115 Sexual Abuse PREA (2 of 2)

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6 Exhibit 18 - Miller et al., Breast Augmentation in male-to-female transgender pa

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7 Exhibit 19 - Alcon et al., Quantifying the Psychosocial Benefits of Masculinizin

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8 Exhibit 20 - Newfield et al., Female-to-male transgender quality of life

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9 Exhibit 21 - Weigert et al., Patient Satisfaction with Breasts and Psychosocial,

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10 Exhibit 22 - Horbach et al., Outcome of Vaginoplasty in Male-to-Female Transgend

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11 Exhibit 23 - Hess et al., Satisfaction With Male-to-Female Gender Reassignment S

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12 Exhibit 24 - Hadj-Moussa, Feminizing Genital Gender-Confirmation Surgery

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13 Exhibit 25 - Papadopulos et al., Male-to-Female Sex Reassignment Surgery Using t

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14 Exhibit 26 - Frederick et al., Chest Surgery in Female to Male Transgender Indiv

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15 Exhibit 27 - Agarwal et al., Quality of life improvement after chest wall mascul

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16 Exhibit 28 - Olson-Kennedy et al., Chest Reconstruction and Chest Dysphoria in T

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17 Exhibit 30 - Bishop et al., Pain and Dysfunction Reported after Gender-Affirming

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18 Exhibit 31 - Stephen B. Levine, M.D., CV

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19 Exhibit 32 - Stephen B. Levine, M.D., Expert Report

View on RECAP

20 Exhibit 33 - Dunford et al., Genital Reconstructive Surgery in Male to Female Pa

View on RECAP

21 Exhibit 34 - Buncamper et al., Surgical Outcome after Penile Inversion Vaginopla

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22 Exhibit 35 - Djordjevic et al., Reversal Surgery in Regretful Male-to-Female Tra

View on RECAP

23 Exhibit 36 - Littman et al., Individuals Treated for Gender Dysphoria with Medic

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24 Exhibit 37 - Dhejne et al., Long-Term Follow-up of Transsexual Persons Undergoin

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25 Exhibit 38 - Almazan et al., Association Between Gender-Affirming Surgeries and

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26 Exhibit 39 - Miller et al., Patients' Perceived Level of Clinician Knowledg

View on RECAP

27 Exhibit 40 - Heylens et al., Effects of Different Steps in Gender Reassignment T

View on RECAP

28 Exhibit 41 - Da Silva et al., WHOQOL-100 Before and After Sex Reassignment Surge

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29 Exhibit 48 - Van Der Sluis et al., Genital gender-affirming surgery for transgen

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30 Exhibit 51 - Plaintiff's Gender Dysphoria Protocol Responses

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31 Exhibit 52 - Plaintiff's Hormonal Therapy Records

View on RECAP

32 Exhibit 53 - Plaintiff's 2010 Medical Records

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33 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (1 of 6)

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34 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (2 of 6)

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35 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (3 of 6)

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36 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (4 of 6)

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37 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (5 of 6)

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38 Exhibit 54 - Plaintiff's 2022-2023 Medical Records (6 of 6)

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39 Exhibit 55 - Plaintiff's 2020-2021 Medical Records (1 of 4)

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40 Exhibit 55 - Plaintiff's 2020-2021 Medical Records (2 of 4)

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41 Exhibit 55 - Plaintiff's 2020-2021 Medical Records (3 of 4)

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42 Exhibit 55 - Plaintiff's 2020-2021 Medical Records (4 of 4)

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43 Exhibit 56 - Transgender Placement Review

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44 Exhibit 61 - Sexual Harassment Report of Investigation

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45 Exhibit 62 - Plaintiff's 7/22/19 Medical Record

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46 Exhibit 63 - Plaintiff's 4/24/19 Medical Record

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47 Exhibit 64 - CMS 2016 Decision Memo (1 of 3)

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48 Exhibit 64 - CMS 2016 Decision Memo (2 of 3)

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49 Exhibit 64 - CMS 2016 Decision Memo (3 of 3)

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50 Exhibit 65 - Branstrom & Pachankis, Reduction in Mental Health Treatment Utiliza

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51 Exhibit 67 - Zamaryte et al., Pharmacovigilance and Principle of Nonmaleficence

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52 Exhibit 68 - English et al., Men with coronary artery disease have lower levels

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53 Exhibit 69 - Plaintiff's 2019 Medical Records (1 of 2)

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54 Exhibit 69 - Plaintiff's 2019 Medical Records (2 of 2)

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55 Exhibit 70 - Hruz, Deficiencies in Scientific Evidence for Medical Management of

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56 Exhibit 71 - Dahlen et al., International clinic practice guidelines for gender

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57 Exhibit 72 - Plaintiff's 2023 - 2024 Medical Recordsmail from Stephen B. Le

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58 Exhibit 73 - E-mail from Stephen B. Levine, M.D.

View on RECAP

59 Exhibit 74 - Deposition Transcript Stephen B. Levine, M.D. (1 of 4)

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60 Exhibit 74 - Deposition Transcript Stephen B. Levine, M.D. (2 of 4)

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61 Exhibit 74 - Deposition Transcript Stephen B. Levine, M.D. (3 of 4)

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62 Exhibit 74 - Deposition Transcript Stephen B. Levine, M.D. (4 of 4)

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63 Exhibit 75 - Deposition Transcript Loren Schechter, M.D. (1 of 3)

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64 Exhibit 75 - Deposition Transcript Loren Schechter, M.D. (2 of 3)

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65 Exhibit 75 - Deposition Transcript Loren Schechter, M.D. (3 of 3)

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66 Exhibit 76 - Deposition Transcript Randi Ettner, Ph.D. (1 of 3)

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67 Exhibit 76 - Deposition Transcript Randi Ettner, Ph.D. (2 of 3)

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68 Exhibit 76 - Deposition Transcript Randi Ettner, Ph.D. (3 of 3)

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69 Exhibit 77 - Deposition Transcript Plaintiff (1 of 4)

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70 Exhibit 77 - Deposition Transcript Plaintiff (2 of 4)

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71 Exhibit 77 - Deposition Transcript Plaintiff (3 of 4)

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72 Exhibit 77 - Deposition Transcript Plaintiff (4 of 4)

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73 Exhibit 78 - Declaration Michael Farjellah, Psy.D.

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74 Exhibit 79 - Declaration Dan Mitchell

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75 Exhibit 80 - Declaration Linda Thomas

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76 Exhibit 81 - Demonstrative Exhibit Regarding Plaintiff's Medical Literature

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77 Exhibit 82 - Plaintiff's 4/1/14 Medical Record

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78 Exhibit 84 - Schlich, Cutting the body to cure the mind

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79 Exhibit 85 - Lindqvist, Quality of life improves early after gender reassignment

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80 Exhibit 86 - Marique et al., Complications and Patient-Reported Outcomes in Male

View on RECAP

81 Exhibit 87 - Smith et al., Sex reassignment: outcomes and predictors of treatmen

View on RECAP

82 Exhibit 88 - Van de Grift et al., Surgical Indications and Outcomes of Mastectom

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83 Exhibit 89 - Jarolim et al, Gender Reassignment Surgery in Male-to-Female Transs

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84 Exhibit 90 - Gijs et al., Surgical Treatment of Gender Dysphoria in Adults and A

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85 Exhibit 90 - Gijs et al., Surgical Treatment of Gender Dysphoria in Adults and A

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86 Exhibit 91 - Ainsworth et al., Quality of life of individuals with and without f

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87 Exhibit 92 - Lawrence, Factors Associated With Satisfaction of Regret Following

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88 Exhibit 93 - Lawrence, Measurement of Sexual Arousal in Postoperative Male-to-Fe

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89 Exhibit 94 - Lawrence, Patient-Reported Complications and Functional Outcomes of

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90 Exhibit 95 - Lobato et al., Follow-up of Sex Reassignment Surgery in Transsexual

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91 Exhibit 96 - De Cuypere et al., Sexual and Physical Health After Sex Reassignmen

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March 7, 2024

March 7, 2024

RECAP
55

NOTICE of Filing of (Supplemental) Exhibit by COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION (Attachments: # 1 Exhibit 97 - Plaintiff's List of Surgeries to Reach Ideal Self) (Carlisle, Alexander) (Entered: 03/08/2024)

1 Exhibit 97 - Plaintiff's List of Surgeries to Reach Ideal Self

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March 8, 2024

March 8, 2024

PACER
56

RESPONSE in Opposition re 10 MOTION for Preliminary Injunction, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 03/08/2024)

March 8, 2024

March 8, 2024

PACER
57

MOTION to Dismiss for Lack of Subject Matter Jurisdiction, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 03/08/2024)

March 8, 2024

March 8, 2024

PACER
58

BRIEF/MEMORANDUM in Support re 57 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 03/08/2024)

March 8, 2024

March 8, 2024

PACER
59

NOTICE of Manual Filing of Exhibit 83 re 56 Response in Opposition to Motion, filed by COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION (Carlisle, Alexander) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

PACER
60

MOTION in Limine to Partially Exclude the Testimony of Dr. Stephen Levine, filed by Plaintiff AUTUMN CORDELLIONE. (Attachments: # 1 Exhibit 1 (Report of Levine), # 2 Exhibit 2 (Dep. of Levine, with selected exhibits), # 3 Exhibit 3 (Gaither, et al., 2018), # 4 Exhibit 4 (Ongaro, et al., 2020))(Rose, Gavin) (Entered: 03/11/2024)

1 Exhibit 1 (Report of Levine)

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2 Exhibit 2 (Dep. of Levine, with selected exhibits)

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3 Exhibit 3 (Gaither, et al., 2018)

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4 Exhibit 4 (Ongaro, et al., 2020)

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March 11, 2024

March 11, 2024

RECAP
61

BRIEF/MEMORANDUM in Support re 60 MOTION in Limine to Partially Exclude the Testimony of Dr. Stephen Levine, filed by Plaintiff AUTUMN CORDELLIONE. (Rose, Gavin) (Entered: 03/11/2024)

March 11, 2024

March 11, 2024

PACER
62

Joint MOTION FOR CERTAIN WITNESSES REMOTE ATTENDANCE AT PRELIMINARY INJUNCTION HEARING, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Attachments: # 1 Text of Proposed Order)(Carlisle, Alexander) (Entered: 03/13/2024)

1 Text of Proposed Order

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March 13, 2024

March 13, 2024

PACER
63

Remark One CD Received Labeled Exhibit 83 Video Recording of Plaintiffs Depo re 59 NOTICE of Manual Filing of Exhibit 83 re 56 Response in Opposition to Motion, filed by COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION (Carlisle, Alexander) (Attachments: # 1 Envelope) (AAS) (Entered: 03/14/2024)

1 Envelope

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March 14, 2024

March 14, 2024

PACER
64

ORDER GRANTING JOINT MOTION FOR CERTAIN WITNESSES' REMOTE ATTENDANCE AT PRELIMINARY INJUNCTION HEARING - The Court, on the parties' joint motion to allow witnesses to appear remotely 62, now grants the motion. The following witnesses may appear for the March 26 hearing remotely: Dr. Randi Ettner, Dr. Loren Schecter, Dr. Stephen Levine, Dr. Adrienne Bedford, and Dr. Michael Farjellah. The Court will send the remote access link to counsel of record before the hearing. Signed by District Judge Richard L Young on 3/15/2024. (DWH) (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

PACER
65

Exhibit List (Joint) for Preliminary Inj. Hrg., filed by Plaintiff AUTUMN CORDELLIONE. (Rose, Gavin) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER
66

STIPULATION of Facts, filed by Plaintiff AUTUMN CORDELLIONE. (Falk, Kenneth) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER
67

Witness List, filed by Plaintiff AUTUMN CORDELLIONE. (Falk, Kenneth) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER
68

Witness List for Preliminary Injunction Hearing, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 03/19/2024)

March 19, 2024

March 19, 2024

PACER
69

RESPONSE re 46 Brief/Memorandum in Support, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Attachments: # 1 Exhibit 1 Federal Defendant's MTD)(Carlisle, Alexander) (Entered: 03/19/2024)

1 Exhibit 1 Federal Defendant's MTD

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March 19, 2024

March 19, 2024

PACER
70

NOTICE of Filing of Additional Evidence in Support of Preliminary Inj. by AUTUMN CORDELLIONE (Attachments: # 1 Exhibit 12 (Pltf's DOC Med. Record of May 8, 2023), # 2 Exhibit 13 (Pltf's DOC Med. Record of May 21, 2023), # 3 Exhibit 29 (HHS Appeals Board Decision - 2014), # 4 Exhibit 42 (Dhejne, et al. - 2016), # 5 Exhibit 43 (BOP Transgender Offender Manual), # 6 Exhibit 46 (APA Ethical Rules), # 7 Exhibit 103 (Expert Rebuttal of Dr. Ettner), # 8 Exhibit 104 (Expert Rebuttal of Dr. Schechter), # 9 Exhibit 105 (Excerpts from Dep. of Dr. Levine in Clark v. Quiros)) (Rose, Gavin) (Entered: 03/21/2024)

1 Exhibit 12 (Pltf's DOC Med. Record of May 8, 2023)

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2 Exhibit 13 (Pltf's DOC Med. Record of May 21, 2023)

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3 Exhibit 29 (HHS Appeals Board Decision - 2014)

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4 Exhibit 42 (Dhejne, et al. - 2016)

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5 Exhibit 43 (BOP Transgender Offender Manual)

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6 Exhibit 46 (APA Ethical Rules)

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7 Exhibit 103 (Expert Rebuttal of Dr. Ettner)

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8 Exhibit 104 (Expert Rebuttal of Dr. Schechter)

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9 Exhibit 105 (Excerpts from Dep. of Dr. Levine in Clark v. Quiros)

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March 21, 2024

March 21, 2024

PACER
71

REPLY in Support of Motion re 10 MOTION for Preliminary Injunction, filed by Plaintiff AUTUMN CORDELLIONE. (Attachments: # 1 Appendix (Conclusions/Results of Med. Studies))(Rose, Gavin) (Entered: 03/21/2024)

1 Appendix (Conclusions/Results of Med. Studies)

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March 21, 2024

March 21, 2024

PACER
72

RESPONSE in Opposition re 57 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, filed by Plaintiff AUTUMN CORDELLIONE. (Rose, Gavin) (Entered: 03/21/2024)

March 21, 2024

March 21, 2024

PACER
73

NOTICE of Correction, filed by Plaintiff AUTUMN CORDELLIONE, re 71 Reply in Support of Motion. (Rose, Gavin) (Entered: 03/21/2024)

March 21, 2024

March 21, 2024

PACER
74

RESPONSE in Opposition re 60 MOTION in Limine to Partially Exclude the Testimony of Dr. Stephen Levine, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 03/25/2024)

March 25, 2024

March 25, 2024

PACER
75

NOTICE of Additional Authority, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION (Carlisle, Alexander) (Entered: 03/25/2024)

March 25, 2024

March 25, 2024

PACER
76

NOTICE of Filing Additional Exhibits for Preliminary Injunction Hearing, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION (Attachments: # 1 Exhibit 106, # 2 Exhibit 107, # 3 Exhibit 108) (Carlisle, Alexander) (Entered: 03/25/2024)

1 Exhibit 106

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2 Exhibit 107

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3 Exhibit 108

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March 25, 2024

March 25, 2024

PACER
77

NOTICE of Federal Rule of Evidence 807, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION (Carlisle, Alexander) (Entered: 03/25/2024)

March 25, 2024

March 25, 2024

PACER
78

Minute Entry for evidentiary hearing on Plaintiff's Motion for Preliminary Injunction held 3/26/2024 before District Judge Richard L Young. Plaintiff Autumn Cordellione, a/k/a Jonathan Richardson was present and represented by counsel Kenneth Falk, Gavin Rose, and Stevie Pactor. Defendant Commissioner of the Indiana Department of Correction was represented by counsel Alexander Carlisle, Bradley Davis, Katherine Meltzer, and Rebekah Durham. Testimony and evidence presented. Parties have 30 days from filing of the transcript to file proposed findings of fact and conclusions of law. (Court Reporter Beth Culiver.) (TMD) (Entered: 03/27/2024)

March 26, 2024

March 26, 2024

PACER
79

Unopposed MOTION for Extension of Time to File Reply to 7 days after the filing of transcript from preliminary-injunction hearing re 60 MOTION in Limine to Partially Exclude the Testimony of Dr. Stephen Levine, filed by Plaintiff AUTUMN CORDELLIONE. (Attachments: # 1 Text of Proposed Order)(Rose, Gavin) (Entered: 03/28/2024)

1 Text of Proposed Order

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March 28, 2024

March 28, 2024

PACER
80

Unopposed MOTION for Extension of Time to File Reply re 57 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Attachments: # 1 Text of Proposed Order Granting Extension)(Carlisle, Alexander) (Entered: 03/28/2024)

1 Text of Proposed Order Granting Extension

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March 28, 2024

March 28, 2024

PACER
81

ORDER granting 79 Unopposed MOTION for Extension of Time - IT IS THEREFORE ORDERED that the plaintiff is hereby granted an extension of time, to and including seven days after the filing of the transcript from the preliminary- injunction hearing in this cause, to file her reply brief in support of her Motion to Partially Exclude Testimony of Dr. Stephen B. Levine ("Daubert Motion") (Dkt. No. 60 ). Signed by Magistrate Judge Crystal S. Wildeman on 04/03/2024. (AAS) (Entered: 04/04/2024)

April 3, 2024

April 3, 2024

PACER
82

ORDER granting 80 DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE A REPLY IN SUPPORT OF RULE 12(b)(1) MOTION TO DISMISS - The Defendant shall have through seven days following the date the transcript of the March 26, 2024, preliminary injunction hearing is made available to the Defendant in which to file her Reply in Support of Motion to Dismiss (Dkt. No. 57 ). Signed by Magistrate Judge Crystal S. Wildeman on 04/03/2024. (AAS) (Entered: 04/04/2024)

April 3, 2024

April 3, 2024

PACER
85

NOTICE of Change of Address for AUTUMN CORDELLIONE to New Castle Correctional Facility. (Attachments: # 1 Envelope) (AAS) (Entered: 04/05/2024)

1 Envelope

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April 4, 2024

April 4, 2024

PACER
83

TRANSCRIPT of preliminary injunction hearing held on 3/26/2024 before District Judge Richard L Young. (192 pages.) Court Reporter/Transcriber: Beth Culiver (Email: Beth_Culiver@insd.uscourts.gov). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 4/26/2024. Release of Transcript Restriction set for 7/5/2024. (Culiver, Elizabeth) Released on 7/18/2024 (SWM). (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

RECAP
84

NOTICE of FILING of OFFICIAL TRANSCRIPT of preliminary injunction held before District Judge Richard L Young on 3/26/2024 (Culiver, Elizabeth) (Entered: 04/05/2024)

April 5, 2024

April 5, 2024

PACER
86

REPLY in Support of Motion re 60 MOTION in Limine to Partially Exclude the Testimony of Dr. Stephen Levine, filed by Plaintiff AUTUMN CORDELLIONE. (Rose, Gavin) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
87

REPLY in Support of Motion re 57 MOTION to Dismiss for Lack of Subject Matter Jurisdiction, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 04/12/2024)

April 12, 2024

April 12, 2024

PACER
88

Joint MOTION Concerning Preliminary Injunction Exhibits, filed by Plaintiff AUTUMN CORDELLIONE. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 04/29/2024)

1 Text of Proposed Order

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April 29, 2024

April 29, 2024

PACER
89

ORDER granting 88 Joint Motion Concerning Preliminary Injunction Exhibits - Preliminary Injunction Exhibit 74 is deemed to be moved into evidence,subject to plaintiff's Daubert objection. Docket Number 39-1 is substituted for Docket 37-4 as Preliminary Injunction Exhibit 101. Signed by District Judge Richard L Young on 05/01/2024. (AAS) (Entered: 05/01/2024)

May 1, 2024

May 1, 2024

PACER
90

Unopposed MOTION to Supplement Preliminary Injunction Record, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Attachments: # 1 Exhibit 109: Executive Directive No. 24-10, # 2 Exhibit 110: Health Care Services Directive 2.17A, # 3 Text of Proposed Order)(Carlisle, Alexander) (Entered: 05/01/2024)

1 Exhibit 109: Executive Directive No. 24-10

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2 Exhibit 110: Health Care Services Directive 2.17A

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3 Text of Proposed Order

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May 1, 2024

May 1, 2024

PACER
91

ORDER GRANTING 90 UNOPPOSED MOTION TO SUPPLEMENT PRELIMINARY INJUNCTION RECORD - The Court, on the Defendant's unopposed motion to supplement the preliminary injunction record, finding good cause for the motion, now grants the same. Exhibit 109: Executive Directive No. 24-10, (ECF 90-1) and Exhibit 102: Health Care Services Directive No. 2.17A, (ECF 90-2), are admitted into evidence. Signed by District Judge Richard L. Young on 5/2/2024. (JSR) (Entered: 05/02/2024)

May 2, 2024

May 2, 2024

PACER
92

Findings of Fact & Conclusions of Law (proposed) by AUTUMN CORDELLIONE. (Falk, Kenneth) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
93

NOTICE of Filing Proposed Preliminary Injunction by AUTUMN CORDELLIONE (Falk, Kenneth) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
94

Findings of Fact & Conclusions of Law (proposed) by COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (Carlisle, Alexander) (Entered: 05/06/2024)

May 6, 2024

May 6, 2024

PACER
95

ORDER denying 57 Motion to Dismiss for Lack of Subject Matter Jurisdiction - SEE ORDER. Signed by District Judge Richard L Young on 9/17/2024. (JRB) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

PACER
96

Order Granting Motion for Preliminary Injunction - Ms. Cordellion's motion in limine, dkt. 60 , is granted in part and denied in part. Ms. Cordellion's motion for preliminary injunction, dkt. 10 , is granted. Pursuant to Federal Rule of C ivil Procedure 65(d)(1) and MillerCoors LLC v. Anheuser-Busch Cos., 940 F.3d 922 (7th Cir. 2019), the court will enter the terms of the preliminary injunction set forth in a separate document. SEE ORDER. Signed by District Judge Richard L Young on 9/17/2024. (JRB)

Sept. 17, 2024

Sept. 17, 2024

Clearinghouse
97

PRELIMINARY INJUNCTION - The Commissioner of the Indiana Department of Correction, in her official capacity, is hereby preliminarily enjoined to take all reasonable actions to secure plaintiff genderaffirming surgery at the earliest opportunity. Defendant shall file her status report within 30 days as to all actions taken and the timetable for surgery. No bond shall be required. SEE ORDER. Signed by District Judge Richard L Young on 9/17/2024.(JRB) (Entered: 09/17/2024)

Sept. 17, 2024

Sept. 17, 2024

Clearinghouse
98

NOTICE OF APPEAL as to 97 Preliminary Injunction, 96 Order on Motion in LimineOrder on Motion for Preliminary Injunction, filed by Defendant COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION. (No fee paid with this filing) (Carlisle, Alexander) (Entered: 10/16/2024)

Oct. 16, 2024

Oct. 16, 2024

RECAP
99

DOCKETING STATEMENT by COMMISSIONER, INDIANA DEPARTMENT OF CORRECTION re 98 Notice of Appeal (Carlisle, Alexander) (Entered: 10/16/2024)

Oct. 16, 2024

Oct. 16, 2024

RECAP
100

PARTIES' SHORT RECORD re 98 Notice of Appeal - Instructions for Attorneys/Parties attached. (KAA) (Entered: 10/16/2024)

Oct. 16, 2024

Oct. 16, 2024

RECAP
101

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 98 Notice of Appeal. - for Court of Appeals Use Only. (KAA) (Entered: 10/16/2024)

Oct. 16, 2024

Oct. 16, 2024

RECAP
102

Unopposed MOTION for Extension of Time to October 31, 2024 in which to 29 Order on Motion to VacateScheduling, filed by Plaintiff AUTUMN CORDELLIONE. (Attachments: # 1 Text of Proposed Order)(Pactor, Stevie) (Entered: 10/17/2024)

1 Text of Proposed Order

View on RECAP

Oct. 17, 2024

Oct. 17, 2024

RECAP
103

Status Report

Oct. 17, 2024

Oct. 17, 2024

PACER
104

USCA Case Number

Oct. 17, 2024

Oct. 17, 2024

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Aug. 28, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A transgender woman imprisoned in an Indiana male 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

Indiana 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):

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2024 - None

Issues

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Gender-affirming care