Case: Doe v. Pennsylvania Department of Corrections

1:20-cv-00023 | U.S. District Court for the Western District of Pennsylvania

Filed Date: Jan. 28, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the Pennsylvania Department of Corrections' (DOC) alleged failure to provide an incarcerated person with gender-affirming care. On January 28, 2020, the plaintiff, a non-binary person incarcerated in a DOC prison, brought suit against the DOC and several of its employees under the Americans with Disabilities Act (ADA), the Rehabilitation Act, 42 U.S.C. § 1983, and state tort law. The plaintiff, represented by the Pennsylvania Institutional Law Project, alleged that th…

This is a case challenging the Pennsylvania Department of Corrections' (DOC) alleged failure to provide an incarcerated person with gender-affirming care. On January 28, 2020, the plaintiff, a non-binary person incarcerated in a DOC prison, brought suit against the DOC and several of its employees under the Americans with Disabilities Act (ADA), the Rehabilitation Act, 42 U.S.C. § 1983, and state tort law. The plaintiff, represented by the Pennsylvania Institutional Law Project, alleged that the DOC had 1) violated the ADA and the Rehabilitation Act by denying access to programs and services because of the plaintiff's gender dysphoria; 2) violated the Eighth Amendment's ban on cruel and unusual punishment by failing to provide medically necessary gender-affirming care; and 3) committed the tort of intentional infliction of emotional distress by publicly revealing the plaintiff's health information and allowing the plaintiff to remain in a discriminatory and unsafe environment.

The plaintiff sought a declaratory judgment against DOC and injunctive relief requiring DOC to train staff members, provide the plaintiff with necessary medical care for gender dysphoria, including surgery, and provide reasonable accommodations for gender dysphoria, including the ability to participate in decision-making on safe housing assignments, the ability to purchase items on the men’s commissary list, and access to additional time in the gym. The plaintiff also sought compensatory and punitive damages, attorneys' fees, and costs. They filed suit in the U.S. District Court for the Western District of Pennsylvania. The case was initially assigned to Magistrate Judge Richard A. Lanzillo and later reassigned to Judge Susan Paradise Baxter. 

Several of the defendants filed motions to dismiss on April 20 and May 26, 2020, but these were rendered moot by the plaintiff's amended complaint, filed on June 20, 2020. The amended complaint added facts about the National Commission on Correctional Health Care’s standards for gender-affirming health care in prisons and the defendants' failure to implement policies that would have allowed the plaintiff to receive the recommended care while incarcerated. The amended complaint also contained an additional claim that some of the defendants violated the plaintiff's Fourteenth Amendment right to medical privacy.

The defendants submitted a new motion to dismiss on June 25, 2020 and a motion to dismiss and motion for summary judgment on July 2, 2020. Magistrate Judge Lanzillo issued a report and recommendation to the court on February 19, 2021. In it, he recommended that (1) the DOC Defendants’ partial motion to dismiss be denied as to Plaintiff’s ADA and Rehabilitation Act claims; granted as to Plaintiff’s intentional infliction of emotional distress claims; and granted as to Plaintiff’s Fourteenth Amendment claim against one of the defendants; and (2) the motion to dismiss and/or for summary judgment on the Eighth Amendment claims against two defendants be denied. Judge Paradise Baxter largely adopted the report as the opinion of the court on March 24, 2021, but dismissed one of the Eighth Amendment claims due ot a failure to exhaust administrative remedies.

This case went through a lengthy discovery period. The case was briefly administratively closed from September 13, 2022 until November 1, 2022 for the plaintiff’s medical treatment, which included gender-affirming top surgery. The defendants filed an amended answer to the complaint on August 4, 2023.

On November 16, 2023, the defendants moved for summary judgment. The plaintiff did not dispute the motion as to their ADA and Rehabilitation Act claims, but argued that their Eighth Amendment and Fourteenth Amendment claims were still live. Judge Paradise Baxter granted the defendants' motion for summary judgment on September 25, 2024, based on the report and recommendation from Magistrate Judge Lanzillo on August 7, 2024. First, as to monetary damages, the court concluded that the plaintiff had failed to exhaust their administrative remedies. Second, as to injunctive relief, the court held that some of the plaintiff's requests for injunctions were moot because the DOC had provided top surgery and the Eighth Amendment did not guarantee the plaintiff access to their preferred doctor or to specific forms of treatment. The court found other requests for injunctive relief to be unsupported by the record. Third, as to declaratory relief, the court held that a declaratory judgment was inappropriate for the claims based purely on past conduct, and that several of the claims for declaratory relief were not sufficiently supported by the record.

Therefore, the court dismissed the case and it is now closed.

Summary Authors

Samantha Houghton (12/14/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17014233/parties/daly-v-pennsylvania-department-of-corrections/


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Documents in the Clearinghouse

Document
1

1:20-cv-00023

Complaint

Jan. 28, 2020

Jan. 28, 2020

Complaint
33

1:20-cv-00023

Amended Complaint

June 20, 2020

June 20, 2020

Complaint
48

1:20-cv-00023

Report and Recommendation

Feb. 19, 2021

Feb. 19, 2021

Magistrate Report/Recommendation
51

1:20-cv-00023

Memorandum

March 24, 2021

March 24, 2021

Order/Opinion

2021 WL 1115373

80

1:20-cv-00023

Opinion on Plaintiff's Motion For Permission to Proceed Under a Pseudonym

Feb. 14, 2022

Feb. 14, 2022

Order/Opinion

585 F.Supp.3d 797

181

1:20-cv-00023

Report and Recommendation on Pending Motions for Summary Judgment

Aug. 7, 2024

Aug. 7, 2024

Magistrate Report/Recommendation
187

1:20-cv-00023

Memorandum Order

Sept. 25, 2024

Sept. 25, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17014233/daly-v-pennsylvania-department-of-corrections/

Last updated Jan. 30, 2025, 4:32 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ALEXANDER, LAWRENCE ALPERT, SHANNON ANDERSON, BLAKELY, JOHN DOE, KROSS, PAUL NOEL, OBENG, LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEBRA RICH, WAGNER, JOHN WETZEL (Filing fee, including Administrative fee, $400, receipt number 0315-5445506), filed by SAM DOE. (Attachments: # 1 Civil Cover Sheet) (jv) (Entered: 01/30/2020)

1 Civil Cover Sheet

View on PACER

Jan. 28, 2020

Jan. 28, 2020

Clearinghouse
2

NOTICE of Appearance by Kelly J. Hoke on behalf of SHANNON ANDERSON, BLAKELY, PAUL NOEL, LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEBRA RICH, WAGNER, JOHN WETZEL. (Hoke, Kelly) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
3

DEMAND for Trial by Jury by SHANNON ANDERSON, BLAKELY, PAUL NOEL, LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEBRA RICH, WAGNER, JOHN WETZEL. (Hoke, Kelly) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
4

WAIVER OF SERVICE Returned Executed by LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEBRA RICH, BLAKELY, SHANNON ANDERSON, JOHN WETZEL, WAGNER, PAUL NOEL. LONNIE OLIVER waiver sent on 2/20/2020, answer due 4/20/2020; PENNSYLVANIA DEPARTMENT OF CORRECTIONS waiver sent on 2/20/2020, answer due 4/20/2020; DEBRA RICH waiver sent on 2/20/2020, answer due 4/20/2020; BLAKELY waiver sent on 2/20/2020, answer due 4/20/2020; SHANNON ANDERSON waiver sent on 2/20/2020, answer due 4/20/2020; JOHN WETZEL waiver sent on 2/20/2020, answer due 4/20/2020; WAGNER waiver sent on 2/20/2020, answer due 4/20/2020; PAUL NOEL waiver sent on 2/20/2020, answer due 4/20/2020. (Hoke, Kelly) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
5

NOTICE of Appearance by Meghan K. Adkins on behalf of LAWRENCE ALPERT, OBENG. (Adkins, Meghan) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER

Order for Consent/DJO form

March 26, 2020

March 26, 2020

PACER
6

NOTICE of Appearance by Samuel H. Foreman on behalf of LAWRENCE ALPERT, OBENG. (Foreman, Samuel) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
7

NOTICE of Appearance by Aaron S. Jayman on behalf of ALEXANDER, KROSS. (Jayman, Aaron) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
8

NOTICE of Appearance by Matthew Deluzio on behalf of ALEXANDER, KROSS. (Deluzio, Matthew) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
9

TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 4/2/2020, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 4/2/2020; Signed by Magistrate Judge Richard A. Lanzillo on 3/26/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
10

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ALEXANDER, KROSS. (Jayman, Aaron) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
11

Errata re: CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, Correction: filer and signature did not match by ALEXANDER, KROSS. (Jayman, Aaron) Modified text on 3/30/2020. (jv) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
12

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ALEXANDER, KROSS. (Deluzio, Matthew) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
13

WAIVER OF SERVICE Returned Executed by ALEXANDER. ALEXANDER waiver sent on 3/26/2020, answer due 5/26/2020. (Jayman, Aaron) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
14

WAIVER OF SERVICE Returned Executed by KROSS. KROSS waiver sent on 3/26/2020, answer due 5/26/2020. (Jayman, Aaron) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
15

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by LAWRENCE ALPERT, OBENG. (Adkins, Meghan) (Entered: 03/26/2020)

March 26, 2020

March 26, 2020

PACER
16

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by BLAKELY, PAUL NOEL, LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEBRA RICH, WAGNER, JOHN WETZEL. (Hoke, Kelly) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
17

NOTICE of Appearance by Yana L. Warshafsky on behalf of SHANNON ANDERSON, BLAKELY, PAUL NOEL, LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEBRA RICH, WAGNER, JOHN WETZEL. (Warshafsky, Yana) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER
18

NOTICE of Appearance by Su Ming Yeh on behalf of SAM DOE. (Yeh, Su Ming) (Entered: 03/27/2020)

March 27, 2020

March 27, 2020

PACER

IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)

March 28, 2020

March 28, 2020

PACER

NOTICE RE: NextGen

March 28, 2020

March 28, 2020

PACER
19

CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by SAM DOE. (Morgan-Kurtz, Alexandra) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER

Case reassigned to Judge Susan Paradise Baxter, presiding, and Magistrate Judge Richard A. Lanzillo, referral. (jd)

April 2, 2020

April 2, 2020

PACER

Case Assigned/Reassigned

April 2, 2020

April 2, 2020

PACER
20

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by SHANNON ANDERSON, BLAKELY, PAUL NOEL, LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEBRA RICH, WAGNER, JOHN WETZEL. Motion(s) referred to Richard A. Lanzillo. (Attachments: # 1 Proposed Order) (Hoke, Kelly) (Entered: 04/20/2020)

1 Proposed Order

View on PACER

April 20, 2020

April 20, 2020

PACER
21

BRIEF in Support re 20 Motion to Dismiss for Failure to State a Claim, filed by SHANNON ANDERSON, BLAKELY, PAUL NOEL, LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEBRA RICH, WAGNER, JOHN WETZEL. (Hoke, Kelly) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
22

ORDER Response/Briefing Schedule re 20 Motion to Dismiss for Failure to State a Claim. Brief in Opposition due by 5/12/2020. Signed by Magistrate Judge Richard A. Lanzillo on 4/22/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Order Response/Briefing Schedule

April 22, 2020

April 22, 2020

PACER
23

WAIVER OF SERVICE Returned Executed by SAM DOE. LAWRENCE ALPERT waiver sent on 2/20/2020, answer due 4/20/2020. (Morgan-Kurtz, Alexandra) Modified text to indicate that the service date is 2/20/2020 (as described on document) and Answer due date is 4/20/2020 on 4/23/2020. (jv) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
24

WAIVER OF SERVICE Returned Executed by SAM DOE. OBENG waiver sent on 2/20/2020, answer due 4/20/2020. (Morgan-Kurtz, Alexandra) Modified text on 4/23/2020 to indicate that the service date is 2/20/2020 (as described on document) and Answer due date is 4/20/2020. (jv) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re Quality Control message - Generic Correction. ERROR: Incorrect service date used again. CORRECTION: the service date is 2/20/2020 (as described on document) and Answer due date is 4/20/2020. This message is for informational purposes only. (jv)

April 23, 2020

April 23, 2020

PACER

Quality Control message - Generic Correction

April 23, 2020

April 23, 2020

PACER

IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)

April 26, 2020

April 26, 2020

PACER

NOTICE RE: NextGen

April 26, 2020

April 26, 2020

PACER
25

STIPULATION re 1 Complaint, to Extend Deadline to Respond to Complaint to May 15, 2020 by LAWRENCE ALPERT, OBENG. (Adkins, Meghan) Modified to remove from public view since court filed correctly as 26 Stipulation for Extension of Time to Answer on 4/30/2020. (jv) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

Quality Control message - Wrong event selected

April 30, 2020

April 30, 2020

PACER
26

Stipulation for Extension of Time to Answer by LAWRENCE ALPERT, SAM DOE, OBENG Answer due from LAWRENCE ALPERT on 5/15/2020; OBENG on 5/15/2020. (jv) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 25 Stipulation. ERROR: Wrong event selected. CORRECTION: Removed from public view since court re-docketed correctly as 26 Stipulation for Extension of Time to Answer. This message is for informational purposes only, NO ACTION REQUIRED. (jv)

April 30, 2020

April 30, 2020

PACER
27

MOTION for Extension of Time to File Response/Reply as to 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by SAM DOE. Motion(s) referred to Richard A. Lanzillo. (Attachments: # 1 Proposed Order) (Morgan-Kurtz, Alexandra) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
28

ORDER granting 27 Motion for Extension of Time to File Response to Motion to Dismiss. The deadline to respond to all Defendants' Motions to Dismiss is set at 21 days after the last Motion to Dismiss or answer is filed. Signed by Magistrate Judge Richard A. Lanzillo on 5/4/2020. (dm) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
29

ANSWER to 1 Complaint, by LAWRENCE ALPERT, OBENG. (Adkins, Meghan) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER

FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)

May 17, 2020

May 17, 2020

PACER

NOTICE RE: NextGen

May 17, 2020

May 17, 2020

PACER
30

MOTION to Dismiss, MOTION for Summary Judgment by ALEXANDER, KROSS. Motion(s) referred to Richard A. Lanzillo. (Attachments: # 1 Proposed Order) (Jayman, Aaron) (Entered: 05/26/2020)

1 Proposed Order

View on PACER

May 26, 2020

May 26, 2020

PACER
31

BRIEF in Support re 30 Motion to Dismiss, Motion for Summary Judgment filed by ALEXANDER, KROSS. (Attachments: # 1 Exhibit A - Redacted Grievances) (Jayman, Aaron) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
32

ORDER Response/Briefing Schedule re 30 Motion to Dismiss, Motion for Summary Judgment. Brief in Opposition due by 6/19/2020. Signed by Magistrate Judge Richard A. Lanzillo on 5/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER

Order Response/Briefing Schedule

May 28, 2020

May 28, 2020

PACER
33

AMENDED COMPLAINT against ALEXANDER, LAWRENCE ALPERT, SHANNON ANDERSON, BLAKELY, KROSS, PAUL NOEL, OBENG, LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEBRA RICH, WAGNER, JOHN WETZEL, PALUKI REDDY ALEXANDER answer due 7/6/2020; LAWRENCE ALPERT answer due 7/6/2020; SHANNON ANDERSON answer due 7/6/2020; BLAKELY answer due 7/6/2020; KROSS answer due 7/6/2020; PAUL NOEL answer due 7/6/2020; OBENG answer due 7/6/2020; LONNIE OLIVER answer due 7/6/2020; PENNSYLVANIA DEPARTMENT OF CORRECTIONS answer due 7/6/2020; DEBRA RICH answer due 7/6/2020; WAGNER answer due 7/6/2020; JOHN WETZEL answer due 7/6/2020; PALUKI REDDY answer due 7/6/2020, filed by SAM DOE. (Morgan-Kurtz, Alexandra) (Entered: 06/20/2020)

June 20, 2020

June 20, 2020

Clearinghouse
34

ORDER In light of the filing of the Amended Complaint 33, the pending Motion to Dismiss/Motion for Summary Judgment 30 is denied as moot. Said denial is without prejudice to Defendants' right to file a renewed motion based on the same argument and defenses, if applicable. Defendants' answer to the amended complaint due on or before July 6, 2020. Signed by Magistrate Judge Richard A. Lanzillo on 6/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER
35

ORDER In light of the filing of the Amended Complaint 33, the pending Motion to Dismiss to Dismiss for Failure to State a Claim 20 is denied as moot. Said denial is without prejudice to Defendants' right to file a renewed motion based on the same argument and defenses, if applicable. Defendants' answer to the amended complaint due on or before July 6, 2020. Signed by Magistrate Judge Richard A. Lanzillo on 6/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm) (Entered: 06/23/2020)

June 23, 2020

June 23, 2020

PACER

Order on Motion for Summary Judgment AND Order on Motion to Dismiss

June 23, 2020

June 23, 2020

PACER

Order on Motion to Dismiss for Failure to State a Claim

June 23, 2020

June 23, 2020

PACER
36

NOTICE of Appearance by Kelly J. Hoke on behalf of PALUKI REDDY. (Hoke, Kelly) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
37

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by SHANNON ANDERSON, BLAKELY, PAUL NOEL, LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, PALUKI REDDY, DEBRA RICH, WAGNER, JOHN WETZEL. Motion(s) referred to Richard A. Lanzillo. (Attachments: # 1 Proposed Order) (Hoke, Kelly) (Entered: 06/25/2020)

1 Proposed Order

View on PACER

June 25, 2020

June 25, 2020

PACER
38

BRIEF in Support re 37 Motion to Dismiss for Failure to State a Claim, filed by SHANNON ANDERSON, BLAKELY, PAUL NOEL, LONNIE OLIVER, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, PALUKI REDDY, DEBRA RICH, WAGNER, JOHN WETZEL. (Hoke, Kelly) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER
39

ORDER Response/Briefing Schedule re 37 Motion to Dismiss for Failure to State a Claim. Response due by 7/15/2020. Signed by Judge Susan Paradise Baxter on 06/25/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (esa) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER

Order Response/Briefing Schedule

June 25, 2020

June 25, 2020

PACER
40

MOTION to Dismiss re 33 Amended Complaint, MOTION for Summary Judgment by ALEXANDER, KROSS. Motion(s) referred to Richard A. Lanzillo. (Attachments: # 1 Proposed Order) (Jayman, Aaron) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
41

BRIEF in Support re 40 Motion to Dismiss, Motion for Summary Judgment filed by ALEXANDER, KROSS. (Attachments: # 1 Exhibit Exhibit A) (Jayman, Aaron) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
42

ORDER Response/Briefing Schedule re 40 Motion to Dismiss, Motion for Summary Judgment. Brief in Opposition due by 7/22/2020. Signed by Magistrate Judge Richard A. Lanzillo on 7/2/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER

Order Response/Briefing Schedule

July 2, 2020

July 2, 2020

PACER
43

ANSWER to 33 Amended Complaint,, by LAWRENCE ALPERT, OBENG. (Adkins, Meghan) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
44

BRIEF in Opposition re 37 Motion to Dismiss for Failure to State a Claim, filed by SAM DOE. (Morgan-Kurtz, Alexandra) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
45

BRIEF in Opposition re 40 Motion to Dismiss, Motion for Summary Judgment filed by SAM DOE. (Attachments: # 1 Exhibit A) (Morgan-Kurtz, Alexandra) (Entered: 07/22/2020)

1 Exhibit A

View on PACER

July 22, 2020

July 22, 2020

PACER
46

REPLY BRIEF re 45 Brief in Opposition to Motion filed by ALEXANDER, KROSS. (Jayman, Aaron) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
47

NOTICE of Appearance by Benjamin M. Lombard on behalf of LAWRENCE ALPERT, OBENG. (Lombard, Benjamin) (Entered: 09/09/2020)

Sept. 9, 2020

Sept. 9, 2020

PACER
48

REPORT AND RECOMMENDATION It is respectfully recommended that the Court grant in part, and deny in part 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOHN WETZEL, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, SHANNON ANDERSON, DEBRA RICH, LONNIE OLIVER, PALUKI REDDY, PAUL NOEL, WAGNER, BLAKELY, and deny 40 MOTION to Dismiss, MOTION for Summary Judgment filed by KROSS, ALEXANDER. Objections to R&R due by 3/5/2021 Signed by Magistrate Judge Richard A. Lanzillo on 2/19/2021. (dm) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

Clearinghouse
49

OBJECTIONS to 48 Report and Recommendation by ALEXANDER, KROSS. (Attachments: # 1 Exhibit A) (Jayman, Aaron) (Entered: 03/05/2021)

1 Exhibit A

View on PACER

March 5, 2021

March 5, 2021

PACER
50

BRIEF in Opposition to 49 Objections to Report and Recommendation, filed by SAM DOE. (Morgan-Kurtz, Alexandra) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
51

MEMORANDUM ORDER granting in part and denying in part 37 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 40 Motion to Dismiss; granting in part and denying in part 40 Motion for Summary Judgment; and adopting 48 Report and Recommendations except as modified herein. Signed by Judge Susan Paradise Baxter on 3/23/2021. (esa) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

Clearinghouse
52

Order to Answer: Answer deadline for ALEXANDER 4/7/2021; LAWRENCE ALPERT 4/7/2021; SHANNON ANDERSON 4/7/2021; PAUL NOEL 4/7/2021; OBENG 4/7/2021; PENNSYLVANIA DEPARTMENT OF CORRECTIONS 4/7/2021; PALUKI REDDY 4/7/2021; JOHN WETZEL 4/7/2021. Signed by Magistrate Judge Richard A. Lanzillo on 3/29/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dm) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
53

NOTICE of Substitution of Attorney Appearance by Keanna Adinae Seabrooks on behalf of LAWRENCE ALPERT, OBENG. Attorney Meghan K. Adkins terminated. (Seabrooks, Keanna) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER

Order to Answer

March 29, 2021

March 29, 2021

PACER
54

ANSWER to 33 Amended Complaint,, by ALEXANDER. (Jayman, Aaron) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
55

ANSWER to 33 Amended Complaint,, by SHANNON ANDERSON, PAUL NOEL, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, PALUKI REDDY, JOHN WETZEL. (Hoke, Kelly) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
56

INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Initial Case Management Conference set for 5/12/2021 at 10:00 AM before Magistrate Judge Richard A. Lanzillo. Rule 26 Meeting to be conducted on or before 5/3/2021. Rule 26 Meeting Report due by 5/7/2021. Signed by Magistrate Judge Richard A. Lanzillo on 4/8/2021. (dm) (Entered: 04/08/2021)

April 8, 2021

April 8, 2021

PACER
57

REPORT of Rule 26(f) Planning Meeting. (Morgan-Kurtz, Alexandra) (Entered: 05/07/2021)

May 7, 2021

May 7, 2021

PACER
58

Minute Entry for proceedings held before United States Magistrate Judge Richard A. Lanzillo: Telephonic Initial Case Management Conference held on 5/12/2021. (Court Reporter: Janis Ferguson) (mdb) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
59

CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 5/12/2021; Amended Pleadings due by 8/26/2021; Joinder of Parties due by 8/26/2021; Discovery due by 9/26/2021; Plaintiff Expert Reports due by 11/10/2021; Defendant Expert Reports due by 12/10/2021; Expert Depositions to be completed by 1/10/2022. Mid-Discovery Status Conference set for 7/21/2021 at 10:00 AM before Magistrate Judge Richard A. Lanzillo. Post-Discovery Status Conference set for 10/4/2021 at 10:00 AM before Magistrate Judge Richard A. Lanzillo. Signed by Magistrate Judge Richard A. Lanzillo on 5/12/2021. (dm) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
60

Minute Entry for proceedings held before United States Magistrate Judge Richard A. Lanzillo: Telephonic Mid-Discovery Status Conference held on 7/21/2021. (Court Reporter: Janis Ferguson) (mdb) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
61

MODIFIED CASE MANAGEMENT ORDER: Amended Pleadings due by 10/25/2021; Joinder of Parties due by 10/25/2021; Discovery due by 11/29/2021; Plaintiff Expert Reports due by 1/10/2022; Defendant Expert Reports due by 2/8/2022; Expert Depositions to be completed by 3/11/2022; Status Report due 9/1/2021; Post-Discovery Status Conference set for 12/3/2021 at 10:00 AM before Magistrate Judge Richard A. Lanzillo. Signed by Magistrate Judge Richard A. Lanzillo on 7/23/2021. (dm) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
62

NOTICE of Appearance by Adrienne Randolph Abner on behalf of SAM DOE. (Abner, Adrienne) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
63

STATUS REPORT Joint Status Report of the Parties by SHANNON ANDERSON, PAUL NOEL, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, PALUKI REDDY, JOHN WETZEL. (Hoke, Kelly) (Entered: 09/01/2021)

Sept. 1, 2021

Sept. 1, 2021

PACER
64

MOTION for Extension of Time to Complete Discovery by SAM DOE. Motion(s) referred to Richard A. Lanzillo. (Attachments: # 1 Proposed Order) (Morgan-Kurtz, Alexandra) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
65

ORDER. Plaintiff's 64 Motion for Extension of Time to Complete Discovery is GRANTED. Discovery is now due on or before 2/28/2022. No further extensions of the discovery period will be granted. The Court has adjusted the following deadlines to accommodate the extension: Plaintiff Expert Reports due by 4/4/2022; Defendant Expert Reports due by 5/2/2022; Expert Depositions to be completed by 6/1/2022. The telephonic post-discovery status conference is rescheduled for 3/4/2022 at 09:30 AM. Call-in instructions will be provided to counsel by separate email. Signed by United States Magistrate Judge Richard A. Lanzillo on 11/24/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mdb) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER

Order on Motion for Extension of Time to Complete Discovery

Nov. 24, 2021

Nov. 24, 2021

PACER
66

MOTION for Status Conference by SHANNON ANDERSON, PAUL NOEL, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, PALUKI REDDY, JOHN WETZEL. Motion(s) referred to Richard A. Lanzillo. (Attachments: # 1 Proposed Order) (Hoke, Kelly) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
67

ORDER granting 66 Defendants' Motion for Status Conference. Telephonic Status Conference set for 12/8/2021 at 09:00 AM before United States Magistrate Judge Richard A. Lanzillo. Instructions for accessing the teleconference line will be sent to counsel separately by email. Signed by United States Magistrate Judge Richard A. Lanzillo on 12/1/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mdb) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER

Order on Motion for Status Conference

Dec. 1, 2021

Dec. 1, 2021

PACER
68

Minute Entry for proceedings held before United States Magistrate Judge Richard A. Lanzillo: Telephonic Mid-Discovery Status Conference held on 12/8/2021. (Court Reporter: Karen Earley) (mdb) (Entered: 12/08/2021)

Dec. 8, 2021

Dec. 8, 2021

PACER
69

ORDER. The parties are ordered to file a Joint Status Report outlining their respective positions regarding the appropriate scope of discovery as discussed at the 68 Status Conference held on 12/8/2021. The Joint Status Report is due on or before 1/14/2022. Signed by United States Magistrate Judge Richard A. Lanzillo on 12/9/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mdb) (Entered: 12/09/2021)

Dec. 9, 2021

Dec. 9, 2021

PACER

~Util - Set Deadlines AND Order

Dec. 9, 2021

Dec. 9, 2021

PACER
70

MOTION Proceed Under a Pseudonym by SAM DOE. Motion(s) referred to Richard A. Lanzillo. (Attachments: # 1 Proposed Order) (Morgan-Kurtz, Alexandra) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
71

BRIEF in Support re 70 Motion to Proceed Under a Pseudonym filed by SAM DOE. (Morgan-Kurtz, Alexandra) (Entered: 12/22/2021)

Dec. 22, 2021

Dec. 22, 2021

PACER
72

BRIEF in Opposition re 70 Motion to Proceed Under a Pseudonym by SAM DOEfiled by SHANNON ANDERSON, PAUL NOEL, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, PALUKI REDDY, JOHN WETZEL. (Hoke, Kelly) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
73

BRIEF in Opposition re 70 Motion to Proceed Under a Pseudonym by SAM DOE filed by ALEXANDER. (Jayman, Aaron) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER
74

ORDER Response/Briefing Schedule re 70 Plaintiff's Motion to Proceed Under a Pseudonym. Response to Motion due by 1/14/2022. Signed by United States Magistrate Judge Richard A. Lanzillo on 1/4/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mdb) (Entered: 01/04/2022)

Jan. 4, 2022

Jan. 4, 2022

PACER

Order Response/Briefing Schedule

Jan. 4, 2022

Jan. 4, 2022

PACER
75

ORDER. Plaintiff is permitted but not required to file a reply brief in support of the 70 Motion to Proceed Under a Pseudonym by January 24, 2022. Signed by United States Magistrate Judge Richard A. Lanzillo on 1/12/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mdb) (Entered: 01/12/2022)

Jan. 12, 2022

Jan. 12, 2022

PACER

~Util - Set Briefing Schedule AND Order

Jan. 12, 2022

Jan. 12, 2022

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Prison Conditions

Disability Rights

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Jan. 28, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A non-binary person incarcerated in a Pennsylvania state prison.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pennsylvania Department of Corrections, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Assault/abuse by residents/inmates/students

Classification / placement

Confidentiality

Disability and Disability Rights:

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)

Gender identity

Affected Sex/Gender(s):

Transgender

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

LGBTQ+:

LGBTQ+