Case: Roe v. Labrador

1:24-cv-00306 | U.S. District Court for the District of Idaho

Filed Date: June 28, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about gender-affirming care in Idaho.  On June 28, 2024, three transgender women in Idaho prisons filed suit in the U.S. District Court for the District of Idaho, alleging that Idaho's House Bill 68, which prevents state funds and facilities from offering gender-affirming care, violated the U.S. Constitution's Eighth Amendment prohibition on cruel and unusual punishment. The case was assigned to Judge David C. Nye. The plaintiffs filed the suit on behalf of all incarcerated perso…

This is a case about gender-affirming care in Idaho. 

On June 28, 2024, three transgender women in Idaho prisons filed suit in the U.S. District Court for the District of Idaho, alleging that Idaho's House Bill 68, which prevents state funds and facilities from offering gender-affirming care, violated the U.S. Constitution's Eighth Amendment prohibition on cruel and unusual punishment. The case was assigned to Judge David C. Nye.

The plaintiffs filed the suit on behalf of all incarcerated persons in the custody of IDOC who are, or will be, diagnosed with gender dysphoria, and are receiving, or would receive, hormone therapy proscribed by H.B. 668. They sued the Attorney General of Idaho, the Governor of Idaho, and the Director and Deputy Director of IDOC, and two companies contracted to provide healthcare services. IDOC is the State agency responsible for incarceration of adult inmates sentenced by the courts. 

The plaintiffs brought this suit pursuant to 42 U.S.C. § 1983 and the Eighth Amendment to the U.S. Constitution. The relief sought was an injunction preventing enforcement of H.B. 668, as applied to incarcerated people in IDOC custody. The plaintiffs also sought a temporary restraining order and provisional class certification on an emergency basis to prevent imminent physical and psychological harm to transgender individuals in the custody of the IDOC.

On July 1, 2024, the Court granted a provisional temporary restraining order for the plaintiffs. The court declined to rule on the plaintiffs’ request for a provisional class certification and preliminary injunction at that time.

On July 3, 2024, the Court granted the defendants’ motion for the Court to amend its decision to apply only to plaintiffs who shared their identities with the defendants. The Court stated that if the third named Plaintiff discloses their identity to the defendants after issuance of the Order, they will be covered under the temporary restraining order immediately. On July 3, 2024, the plaintiff filed a motion to proceed in pseudonym. On July 24, 2024, the defendants filed in opposition to this motion.

On July 25, 2024, the Court said the appropriate short caption for this case going forward will be Robinson, et al. v. Labrador, et al.

On August 2, 2024, the Court granted the plaintiffs' motion for a temporary restraining order. The decision suspended Idaho Code § 18-8601 only as to the proposed class of individuals who are incarcerated persons in the custody of IDOC who have a diagnosis of gender dysphoria and are receiving hormone therapy. On August 9, 2024, the defendants filed a motion for reconsideration. On August 15, 2024, the plaintiffs filed a motion in opposition to the reconsideration. The defendants filed a reply on August 29, 2024.

On September 3, 2024, the plaintiffs’ motion for a temporary restraining order, provisional class certification, and preliminary injunction was granted. On September 5, the defendants’ motion for reconsideration was denied as moot.

On September 9, 2024, the defendants filed a motion to dismiss for failure to state a claim. On September 30, 2024, the plaintiffs filed an amended complaint against the defendants. This amended complaint named two of the plaintiffs. The plaintiffs also filed an opposition to the motion to dismiss. On October 15, 2024, the defendants filed a motion to dismiss for lack of jurisdiction. They also filed an amended motion to dismiss for failure to state a claim.

On October 28, 2024, the plaintiffs filed a motion to extend the preliminary injunction beyond its 90-day range of December 2, 2024. The plaintiffs argued that without an injunction, IDOC would be forced to discontinue such treatment for individuals with gender dysphoria in custody. 

On November 12, 2024, the plaintiffs filed an unopposed motion to enter a protective order for the plaintiffs information. 

On December 2, 2024, the court granted the motion for preliminary injunction. The court enjoined enforcement of Idaho Code § 18-8901's prohibition on the use of state funds for purposes of providing hormone therapy as against the class for the next 90 days. The injunction took effect the following day. 

As of January 2025, the case is ongoing. 

Summary Authors

Cara Claflin (1/7/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68900092/parties/roe-v-labrador/


Judge(s)
Attorney for Plaintiff

Cooper, Leslie Jill (Idaho)

Croston, Emily Myrei (Idaho)

Attorney for Defendant

Bentley, Michael James (Idaho)

Hesse, Christina Mott (Idaho)

Maurer, Matthew Lee (Idaho)

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Documents in the Clearinghouse

Document
1

1:24-cv-00306

Class Action Complaint For Declaratory and Injucive Relief

June 28, 2024

June 28, 2024

Complaint
2

1:24-cv-00306

Emergency Hearing Requested, Plaintiffs' Motion For Temporary Restraining Order, Provisional Class Certification and Preliminary Injunction

June 28, 2024

June 28, 2024

Pleading / Motion / Brief
13

1:24-cv-00306

Memorandum Decision and Order

July 1, 2024

July 1, 2024

Order/Opinion
21

1:24-cv-00306

Amended Order

July 3, 2024

July 3, 2024

Order/Opinion
80

1:24-cv-00306

Plaintiffs' Motion For Renewed Preliminary Injunction

Oct. 28, 2024

Oct. 28, 2024

Pleading / Motion / Brief
95

1:24-cv-00306

Memorandum Decision and Order

Robinson v. Labrador

Dec. 2, 2024

Dec. 2, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68900092/roe-v-labrador/

Last updated Jan. 7, 2025, 5:48 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 405 receipt number AIDDC-2772878.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet Civil Cover Sheet)(Southwick, Paul)

1 Cover Sheet Civil Cover Sheet

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June 28, 2024

June 28, 2024

Clearinghouse
2

Emergency MOTION for Temporary Restraining Order and Provisional Class Certification Paul Carlos Southwick appearing for Plaintiffs Jane Doe, Jane Poe, Jane Roe. Responses due by 7/19/2024 (Attachments: # 1 Memorandum in Support, # 2 Exhibit Declaration of Jane Roe, # 3 Exhibit Declaration of Jane Doe, # 4 Exhibit Declaration of Jane Poe, # 5 Exhibit Declaration of Randi Ettner)(Southwick, Paul)

1 Memorandum in Support

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2 Exhibit Declaration of Jane Roe

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3 Exhibit Declaration of Jane Doe

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4 Exhibit Declaration of Jane Poe

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5 Exhibit Declaration of Randi Ettner

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June 28, 2024

June 28, 2024

Clearinghouse
3

DOCKET ENTRY ORDER - Due to the Emergency Motion for Temporary Restraining Order 2, and because not all parties have appeared and consented to the jurisdiction of a magistrate judge, IT IS HEREBY ORDERED THAT the Clerk is directed to reassign this case to a district judge. Signed by US Magistrate Judge Candy W Dale. (klw)

June 28, 2024

June 28, 2024

PACER

DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge David C. Nye for all further proceedings. US Magistrate Judge Candy W Dale no longer assigned to case. Please use this case number on all future pleadings, 1:24-cv-00306-DCN (km)

June 28, 2024

June 28, 2024

PACER
4

NOTICE of Appearance by Gregory Woodard on behalf of Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt (Woodard, Gregory)

June 28, 2024

June 28, 2024

RECAP
5

NOTICE of Appearance by James J Simeri on behalf of Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt (Simeri, James)

June 28, 2024

June 28, 2024

RECAP
6

DEMAND for Trial by Jury by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. (Simeri, James)

June 28, 2024

June 28, 2024

RECAP
7

MOTION for Hearing re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 7/19/2024 (Simeri, James)

June 28, 2024

June 28, 2024

RECAP
8

MEMORANDUM in Opposition re 7 MOTION for Hearing re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Jane Doe, Jane Poe, Jane Roe. Replies due by 7/15/2024. (Attachments: # 1 Southwick Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Southwick, Paul)

1 Southwick Declaration

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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June 29, 2024

June 29, 2024

RECAP
9

NOTICE of Appearance by Christina Mott Hesse on behalf of Centurion Health, Centurion of Idaho, LLC (Hesse, Christina)

July 1, 2024

July 1, 2024

RECAP
10

NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Centurion Health, Centurion of Idaho, LLC, Bree Derrick, Jane Doe, Raul Labrador, Brad Little, Jane Poe, Jane Roe, Josh Tewalt re 4 Notice of Appearance, 1 Complaint, 9 Notice of Appearance, 5 Notice of Appearance Consent/Objection to Magistrate due by 8/30/2024. (jd)

July 1, 2024

July 1, 2024

RECAP
11

A REQUEST FOR ASSIGNMENT TO A DISTRICT JUDGE HAS BEEN FILED IN THIS CASE. THIS CASE WILL REMAIN WITH DISTRICT JUDGE NYE.(jd)

July 1, 2024

July 1, 2024

PACER
12

MOTION FOR PRO HAC VICE APPEARANCE by Malita Picasso. ( Filing fee $ 250 receipt number AIDDC-2773757.)Paul Carlos Southwick appearing for Plaintiffs Jane Doe, Jane Poe, Jane Roe. Responses due by 7/22/2024 (Southwick, Paul)

July 1, 2024

July 1, 2024

RECAP
13

MEMORANDUM DECISION AND ORDER - Plaintiffs' Motion for Temporary Restraining Order, Provisional Class Certification, and Preliminary Injunction (Dkt. 2 ) is GRANTED IN PART. The Court GRANTS a provisional temporary restraining order. It declines to rule on Plaintiffs' requests for provisional class certification and preliminary injunction for the time being. Defendants' Motion for Hearing (Dkt. 7 ) is GRANTED IN PART and DENIED IN PART. Briefing on Plaintiffs' Motion shall proceed as outlined above and a hearing will be held on July 15, 2024, at 11:00 a.m., to determine whether to enter a formal TRO or preliminary injunction during the pendency of this case. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

July 1, 2024

July 1, 2024

Clearinghouse

Set/Reset Deadlines as to Motion Hearing set for 7/15/2024 11:00 AM in Boise - Courtroom 1 before Judge David C. Nye. (ac)

July 1, 2024

July 1, 2024

PACER
14

DOCKET ENTRY ORDER approving 12 Motion for Pro Hac Vice Appearance of attorney Malita Vencienzo Picasso for Jane Doe,Malita Vencienzo Picasso for Jane Poe,Malita Vencienzo Picasso for Jane Roe. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

July 2, 2024

July 2, 2024

PACER
15

MOTION FOR PRO HAC VICE APPEARANCE by Michael J. Bentley. ( Filing fee $ 250 receipt number AIDDC-2774226.)Christina Mott Hesse appearing for Defendants Centurion Health, Centurion of Idaho, LLC. Responses due by 7/23/2024 (Attachments: # 1 Admission Form)(Hesse, Christina)

July 2, 2024

July 2, 2024

PACER
16

MOTION to Compel James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 7/23/2024 (Attachments: # 1 Exhibit A)(Simeri, James)

July 2, 2024

July 2, 2024

RECAP
17

DOCKET ENTRY ORDER approving 15 Motion for Pro Hac Vice Appearance of attorney Michael J. Bentley for Centurion of Idaho, LLC,Michael J. Bentley for Centurion Health. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

July 2, 2024

July 2, 2024

PACER
18

NOTICE of Appearance by Matthew Lee Maurer on behalf of Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt (Maurer, Matthew)

July 2, 2024

July 2, 2024

PACER
19

NOTICE by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt re 16 MOTION to Compel Withdrawal of Motion (Simeri, James)

July 3, 2024

July 3, 2024

RECAP
20

NOTICE: The Court intends to grant the Government's Motion to Compel (Dkt. 16 ) as follows: It will amend its Memorandum Decision and Order (Dkt. 13 ) to apply only to those named Plaintiffs who have shared their identities with the Government. A named party who has not yet shared his or her identity but does so after issuance of the amended order will be covered under the Memorandum Decision and Order immediately upon disclosure of his or her identity. If Plaintiffs have any concerns with or objections to this course of action, they must make them known today before 1:30 pm mountain daylight time. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

July 3, 2024

July 3, 2024

PACER
21

AMENDED ORDER - The Court hereby GRANTS Defendants' Motion as follows: the Court amends its prior Memorandum Decision and Order to apply only to those named Plaintiffs who have shared their identities with Defendants. If the third named Plaintiff discloses his or her identity to Defendants after issuance of this Amended Order, he or she will be covered under the TRO immediately upon such disclosure. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ac)

July 3, 2024

July 3, 2024

Clearinghouse
22

MOTION To Proceed in Pseudonym Paul Carlos Southwick appearing for Plaintiffs Jane Doe, Jane Poe. Responses due by 7/24/2024 (Attachments: # 1 Memorandum in Support, # 2 Declaration Jane Doe, # 3 Declaration Jane Poe, # 4 Exhibit A)(Southwick, Paul)

1 Memorandum in Support

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2 Declaration Jane Doe

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3 Declaration Jane Poe

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4 Exhibit A

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July 3, 2024

July 3, 2024

RECAP
23

RESPONSE to Motion re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Centurion Health, Centurion of Idaho, LLC. Replies due by 7/19/2024.(Hesse, Christina)

July 5, 2024

July 5, 2024

RECAP
24

MEMORANDUM in Opposition re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Replies due by 7/19/2024. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Simeri, James)

1 Exhibit A

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2 Exhibit B

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July 5, 2024

July 5, 2024

RECAP
25

REPLY to Response to Motion re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Jane Doe, Jane Poe, Jane Roe.Motion Ripe Deadline set for 7/10/2024. (Attachments: # 1 Southwick Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Southwick, Paul)

1 Southwick Declaration

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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July 9, 2024

July 9, 2024

RECAP
26

First MOTION Motion to Appear Remotely Michael J. Bentley Christina Mott Hesse appearing for Defendants Centurion Health, Centurion of Idaho, LLC. Responses due by 7/31/2024 (Hesse, Christina)

July 10, 2024

July 10, 2024

RECAP
27

DOCKET ENTRY ORDER: Defendant Centurion of Idaho, LLC has moved the Court to allow one of its counselors to appear at the upcoming hearing remotely. Dkt. 26. Plaintiffs have also informally requested remote access for two attorneys who will be out of state. The Court will distribute to counsel of record for all parties a phone number to allow them to call in to the proceedings. No video will be allowed, and the phone number must not be distributed outside of the firms or organizations representing the parties in this case. To the extent this is consistent with Centurion's Motion, the Motion is GRANTED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

July 11, 2024

July 11, 2024

PACER
28

Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 7/15/2024 re: 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Jane Roe, Jane Doe, Jane Poe and 7 MOTION for Hearing re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Raul Labrador, Bree Derrick, Josh Tewalt, Brad Little. Matter was taken under advisement with a written order forthcoming; Provisional TRO remains in place until the Court's decision comes out; Provisional class certification is denied currently on the record. (Court Reporter: Anne Bowline) (jm)

July 15, 2024

July 15, 2024

RECAP
29

DOCKET ENTRY NOTICE of Hearing on Motion: A Video Motion Hearing has been set for 8/2/2024 at 10:00 AM Mountain/9:00 AM Pacific before Judge David C. Nye. A separate notice with the login information will be sent separately as the hearing date approaches. (jm)

July 15, 2024

July 15, 2024

PACER
30

MOTION for Hearing re 29 Notice of Hearing on Motion, Motion to Appear in-Person James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 8/5/2024 (Simeri, James)

July 15, 2024

July 15, 2024

RECAP
31

WAIVER OF SERVICE Returned Executed by Jane Doe, Jane Poe, Jane Roe. Centurion of Idaho, LLC waiver sent on 7/10/2024, answer due 9/9/2024. (Southwick, Paul)

July 17, 2024

July 17, 2024

RECAP
32

WAIVER OF SERVICE Returned Executed by Jane Doe, Jane Poe, Jane Roe. Bree Derrick waiver sent on 7/10/2024, answer due 9/9/2024; Raul Labrador waiver sent on 7/10/2024, answer due 9/9/2024; Brad Little waiver sent on 7/10/2024, answer due 9/9/2024; Josh Tewalt waiver sent on 7/10/2024, answer due 9/9/2024. (Southwick, Paul)

July 18, 2024

July 18, 2024

RECAP
33

DOCKET ENTRY ORDER: State Defendants' Motion to Appear in-Person (Dkt. 30 ) is hereby GRANTED. All parties are permitted to attend the hearing on August 2, 2024, in person. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

July 19, 2024

July 19, 2024

PACER
34

MOTION to Strike direct Plaintiffs to Address Court through Motion Practice James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 8/9/2024 (Attachments: # 1 Exhibit A)(Simeri, James)

1 Exhibit A

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July 19, 2024

July 19, 2024

RECAP
35

DOCKET ENTRY ORDER: Before the Court is a discovery scheduling dispute. Consistent with the Court's standard procedure, see https://id.uscourts.gov/district/judges/nye/Discovery_Disputes.cfm, Plaintiffs informed the Court of the dispute informally, and the Court organized an informal mediation call. As a result of the call, and after consideration, the Court adopts the following requirements: State Defendants shall have until Tuesday, July 23, 2024, at 10:00 am MDT to respond to Plaintiffs' requests for admission. Any request not responded to by that time will be deemed admitted. The Court declines to change briefing deadlines or allow supplemental briefing from either party after its respective deadline has passed. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

July 19, 2024

July 19, 2024

PACER
36

DECLARATION of Declaration of John May, M.D., F.A.C.P., in Further Response to Plaintiffs' Motion for Temporary Restraining Order, Provisional Class Certification, and Preliminary Injunction by Defendant Centurion of Idaho, LLC re 23 Response to Motion filed by Centurion Health, Centurion of Idaho, LLC . (Hesse, Christina)

July 23, 2024

July 23, 2024

RECAP
37

Consent MOTION to Take Deposition from Plaintiffs James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 8/14/2024 (Simeri, James)

July 24, 2024

July 24, 2024

RECAP
38

MEMORANDUM in Opposition re 22 MOTION To Proceed in Pseudonym filed by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Replies due by 8/7/2024.(Simeri, James)

July 24, 2024

July 24, 2024

RECAP
39

SEALED RESPONSE to Motion re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Jane Doe, Jane Poe, Jane Roe. Replies due by 8/7/2024. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Southwick, Paul)

July 24, 2024

July 24, 2024

PACER
40

Unopposed MOTION to Seal Paul Carlos Southwick appearing for Plaintiffs Jane Doe, Jane Poe, Jane Roe. Responses due by 8/14/2024 (Attachments: # 1 Memorandum in Support, # 2 Redacted Brief, # 3 Declaration, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G)(Southwick, Paul)

1 Memorandum in Support

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2 Redacted Brief

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3 Declaration

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Exhibit F

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10 Exhibit G

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July 24, 2024

July 24, 2024

RECAP
41

DOCKET ENTRY ORDER: Before the Court is State Defendants' unopposed Motion to Take Deposition of Plaintiffs in Prison. Dkt. 37 . Good cause appearing, and pursuant to Federal Rule of Civil Procedure 30(a)(2)(B), the Court hereby GRANTS the Motion.Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

July 25, 2024

July 25, 2024

PACER
42

Docket Entry Order: Until now, the three named plaintiffs in this case have proceeded under the pseudonyms Jane Roe, Jane Poe, and Jane Doe respectively. However, the parties have informed the Court that the plaintiff heretofore identified as Jane Roe now intends to proceed under her legal name, Cole Robinson. Dkt. 38, at 3 n.1. The parties ask the Court to amend the caption of this case accordingly. Good cause appearing, the Court GRANTS the parties' request. Moving forward, the appropriate short caption for this case will be Robinson, et al. v. Labrador, et al.. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

July 25, 2024

July 25, 2024

PACER
43

ORDER REGARDING MOTION TO SEAL - Plaintiffs Motion to File Under Seal (Dkt. 40 ) is GRANTED. Their Additional Brief (Dkt. 39) shall remail under seal. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

July 25, 2024

July 25, 2024

PACER
44

MOTION FOR PRO HAC VICE APPEARANCE by Chase Strangio. ( Filing fee $ 250 receipt number AIDDC-2786888.)Paul Carlos Southwick appearing for Plaintiffs Jane Doe, Jane Poe, Cole Robinson. Responses due by 8/19/2024 (Southwick, Paul)

July 29, 2024

July 29, 2024

PACER
45

DOCKET ENTRY ORDER approving 44 Motion for Pro Hac Vice Appearance of attorney Chase Strangio for Jane Doe,Chase Strangio for Jane Poe,Chase Strangio for Cole Robinson. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

July 30, 2024

July 30, 2024

PACER
46

SEALED RESPONSE to Motion re 40 Unopposed MOTION to Seal filed by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Replies due by 8/14/2024. (Attachments: # 1 Exhibit A, Dep. of Cole Robinson, # 2 Exhibit B, Dep. of Jane Poe)(Simeri, James)

July 31, 2024

July 31, 2024

PACER
47

DOCKET ENTRY NOTICE of Hearing on Motion: The Video Motion Hearing set for 8/2/2024 at 10:00 AM Mountain/9:00 AM Pacific is hereby VACATED and RESCHEDULED for 8/2/2024 at 11:00 AM Mountain/10:00 AM Pacific before Judge David C. Nye. ** Entry made to clarify TIME CHANGE ONLY ** (jm)

Aug. 1, 2024

Aug. 1, 2024

PACER
48

NOTICE by Jane Doe, Jane Poe, Cole Robinson re 39 Sealed Response to Motion, Notice of Withdrawal of Proposed Class Representative Jane Doe (Southwick, Paul)

Aug. 2, 2024

Aug. 2, 2024

RECAP
49

AMENDED DOCUMENT by Jane Doe, Jane Poe, Cole Robinson. Amended Declaration of Dr. Randi Ettner (Dkt. 2-5) ISO Pl Mot 2 . (Attachments: # 1 Appendix A, # 2 Appendix B)(Southwick, Paul)

1 Appendix A

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2 Appendix B

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Aug. 2, 2024

Aug. 2, 2024

PACER
50

Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 8/2/2024 re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Jane Doe, Jane Poe, Cole Robinson, 7 MOTION for Hearing re 2 Emergency MOTION for Temporary Restraining Order and Provisional Class Certification filed by Raul Labrador, Bree Derrick, Josh Tewalt, Brad Little. The matter was taken under advisement with a written decision to follow. (Court Reporter: Anne Bowline.) (jm)

Aug. 2, 2024

Aug. 2, 2024

RECAP
51

SUPPLEMENTAL MEMORANDUM DECISION AND ORDER ON THE TEMPORARY RESTRAINING ORDER - Plaintiffs' Motion for Temporary Restraining Order is granted as set forth herein. The Court takes under advisement the issues of class certification and preliminary injunction. A separate decision on those matters will issue later. Idaho Code § 18-8601 is held in abeyance for the time being only as to the proposed class of individuals who are incarcerated persons in the custody of IDOC who have a diagnosis of gender dysphoria and are receiving hormone therapy. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs) (Main Document 51 replaced on 8/2/2024 ) (hs). Modified on 8/2/2024 to modify attached Order. Regenerated NEF (hs).

Aug. 2, 2024

Aug. 2, 2024

RECAP
52

NOTICE by Jane Doe, Jane Poe, Cole Robinson re 22 MOTION To Proceed in Pseudonym Withdrawal of Motion To Proceed in Pseudonym (Southwick, Paul)

Aug. 7, 2024

Aug. 7, 2024

RECAP

CORRECTIVE ENTRY - The entry docket number 52 Notice (Other) filed by Jane Doe, Jane Poe, Cole Robinson was filed incorrectly in this case. The proper CM/ECF event to use is "withdrawal of a document." No further action is needed.(jd)

Aug. 8, 2024

Aug. 8, 2024

PACER
53

MOTION for Reconsideration re 51 Memorandum Decision,,, James J Simeri appearing for Defendants Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Responses due by 8/30/2024 (Attachments: # 1 Memorandum in Support)(Simeri, James)

1 Memorandum in Support

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Aug. 9, 2024

Aug. 9, 2024

PACER
54

MEMORANDUM in Opposition re 53 MOTION for Reconsideration re 51 Memorandum Decision,,, filed by Jane Doe, Jane Poe, Cole Robinson. Replies due by 8/29/2024.(Southwick, Paul)

Aug. 15, 2024

Aug. 15, 2024

PACER
55

NOTICE of Voluntary Dismissal by Jane Doe (Southwick, Paul)

Aug. 15, 2024

Aug. 15, 2024

RECAP
56

NOTICE by Jane Poe, Cole Robinson Legal Name of Jane Poe (Southwick, Paul)

Aug. 15, 2024

Aug. 15, 2024

RECAP
57

REPLY to Response to Motion re 53 MOTION for Reconsideration re 51 Memorandum Decision,,, filed by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt.Motion Ripe Deadline set for 8/30/2024.(Simeri, James)

Aug. 29, 2024

Aug. 29, 2024

RECAP
58

MEMORANDUM DECISION AND ORDER - Plaintiffs Motion for Temporary Restraining Order, Provisional Class Certification, and Preliminary Injunction (Dkt. 2 ) is hereby GRANTED. The bond requirement imposed by Federal Rule of Civil Procedure 65(c) is WAIVED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

Sept. 3, 2024

Sept. 3, 2024

RECAP
59

DOCKET ENTRY ORDER: Before the Court is State Defendants' Motion for Reconsideration. Dkt. 53 . The Court finds that its recent Memorandum Decision and Order, Dkt. 58, adequately disposes of the arguments raised in State Defendants' Motion. Accordingly, the Motion is DENIED as MOOT. In the event State Defendants feel that one or more of their arguments was not properly addressed, they may file a new motion arguing as much. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dn)

Sept. 5, 2024

Sept. 5, 2024

PACER
60

ANSWER to Complaint by Centurion of Idaho, LLC.(Hesse, Christina)

Sept. 9, 2024

Sept. 9, 2024

RECAP
61

Corporate Disclosure Statement by Centurion of Idaho, LLC identifying Corporate Parent Centurion of Idaho LLC for Centurion of Idaho, LLC. (Hesse, Christina)

Sept. 9, 2024

Sept. 9, 2024

PACER
62

ANSWER to 1 Complaint by Bree Derrick, Josh Tewalt.(Simeri, James)

Sept. 9, 2024

Sept. 9, 2024

PACER
63

Motion to Dismiss for Failure to State a Claim James J Simeri appearing for Defendants Raul Labrador, Brad Little. Responses due by 9/30/2024 (Attachments: # 1 Memorandum in Support)(Simeri, James)

1 Memorandum in Support

View on PACER

Sept. 9, 2024

Sept. 9, 2024

PACER
64

LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE - On or before October 11, 2024, the parties must file with the Court the joint Litigation Plan and Discovery Plan.Telephonic Scheduling Conference set for 10/18/2024 09:00 AM in Telephonic Hearing - Pocatello Chambers before Judge David C. Nye. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

Sept. 20, 2024

Sept. 20, 2024

RECAP
65

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: # 1 Exhibit Redline of Amended Complaint, # 2 Exhibit Notice of Amended Complaint Under FRCP 15(a)(1)(B))(Croston, Emily)

Sept. 30, 2024

Sept. 30, 2024

RECAP
66

MEMORANDUM in Opposition re 63 Motion to Dismiss for Failure to State a Claim filed by Brody Mills, Cole Robinson. Replies due by 10/15/2024.(Croston, Emily)

Sept. 30, 2024

Sept. 30, 2024

PACER
67

MOTION FOR PRO HAC VICE APPEARANCE by Leslie Cooper. ( Filing fee $ 250 receipt number AIDDC-2822926.)Emily Myrei Croston appearing for Plaintiffs Brody Mills, Cole Robinson. Responses due by 10/29/2024 (Attachments: # 1 Exhibit Cooper Bar Admissions)(Croston, Emily)

Oct. 8, 2024

Oct. 8, 2024

PACER
68

DOCKET ENTRY ORDER approving 67 Motion for Pro Hac Vice Appearance of attorney Leslie Jill Cooper for Brody Mills,Leslie Jill Cooper for Cole Robinson. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

Oct. 9, 2024

Oct. 9, 2024

PACER
69

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Brody Mills, Cole Robinson. (Attachments: # 1 Declaration, # 2 Exhibit Exhibit A - Email Communications Re Joint Plan)(Croston, Emily)

1 Declaration

View on PACER

2 Exhibit Exhibit A - Email Communications Re Joint Plan

View on PACER

Oct. 11, 2024

Oct. 11, 2024

PACER
70

NOTICE of Non-Compliance as to Jasper Wilcox. (Attachments: # 1 Prisoner eFile Cover Sheet)(jd)

1 Prisoner eFile Cover Sheet

View on PACER

Oct. 11, 2024

Oct. 11, 2024

PACER
71

ANSWER to 65 Amended Complaint by Centurion of Idaho, LLC.(Hesse, Christina)

Oct. 15, 2024

Oct. 15, 2024

PACER
72

Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 11/5/2024)Christina Mott Hesse appearing for Defendant Centurion Health. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Counsel in Support, # 3 Exhibit A)(Hesse, Christina)

1 Memorandum in Support

View on PACER

2 Declaration of Counsel in Support

View on PACER

3 Exhibit A

View on PACER

Oct. 15, 2024

Oct. 15, 2024

PACER
73

DISCOVERY PLAN by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt re 64 Litigation Order, . (Simeri, James)

Oct. 15, 2024

Oct. 15, 2024

PACER
74

ANSWER to 65 Amended Complaint by Bree Derrick, Josh Tewalt.(Simeri, James)

Oct. 15, 2024

Oct. 15, 2024

PACER
75

Motion to Dismiss for Failure to State a Claim Amended Complaint James J Simeri appearing for Defendants Raul Labrador, Brad Little. Responses due by 11/5/2024 (Attachments: # 1 Memorandum in Support)(Simeri, James)

1 Memorandum in Support

View on PACER

Oct. 15, 2024

Oct. 15, 2024

PACER
76

DOCKET ENTRY ORDER. Before the Court is Defendants Raul Labrador and Brad Little's Motion to Dismiss. Dkt. 63 . Plaintiffs filed an Amended Complaint subsequent to the filing of this Motion. See Dkt. 65 . As the Ninth Circuit has explained, "an amended complaint supersedes the original complaint" thereby becoming the "operative pleading." CDK Global LLC v. Brnovich, 16 F.4th 1266 (9th Cir. 2021) (cleaned up). When this happens, any previously-filed motions to dismiss are moot. See Barnes v. Dist. of Columbia, 42 F. Supp. 3d 111, 117 (D.D.C. 2014) ("When a plaintiff files an amended complaint as of right... the amended complaint becomes the operative pleading... and any pending motion to dismiss becomes moot. (cleaned up))." Accordingly, Defendants' Motion (Dkt. 63 ) is DISMISSED AS MOOT. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kpd)

Oct. 16, 2024

Oct. 16, 2024

PACER
77

DISCOVERY PLAN by Centurion of Idaho, LLC re 69 Scheduling Conf Form/Litigation Plan, 73 Discovery Plan . (Hesse, Christina)

Oct. 16, 2024

Oct. 16, 2024

PACER
78

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Brody Mills, Cole Robinson. (Croston, Emily)

Oct. 18, 2024

Oct. 18, 2024

PACER
79

SCHEDULING ORDER (STANDARD TRACK) - All dispositive motions shall be filed by July 28,2025. All motions to amend pleadings and join parties, except for allegations of punitive damages, shall be filed on or before January 20, 2025. All factual discovery will be completed by April 4, 2025. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)

Oct. 21, 2024

Oct. 21, 2024

PACER
80

MOTION for Preliminary Injunction Emily Myrei Croston appearing for Plaintiffs Brody Mills, Cole Robinson. Responses due by 11/18/2024 (Attachments: # 1 Memorandum in Support, # 2 Mills Declaration in Support, # 3 Heredia Declaration in Support)(Croston, Emily)

1 Memorandum in Support

View on PACER

2 Mills Declaration in Support

View on PACER

3 Heredia Declaration in Support

View on PACER

Oct. 28, 2024

Oct. 28, 2024

Clearinghouse
81

Unopposed MOTION to Expedite Emily Myrei Croston appearing for Plaintiffs Brody Mills, Cole Robinson. Responses due by 11/18/2024 (Attachments: # 1 Memorandum in Support)(Croston, Emily)

Oct. 28, 2024

Oct. 28, 2024

PACER
82

DOCKET ENTRY ORDER. Good cause appearing, Plaintiffs' unopposed Motion to Expedite (Dkt. 81 ) is GRANTED. Defendants' responses to Plaintiffs' Motion for Preliminary Injunction (Dkt. 80 ) are due on or before November 13, 2024. Replies are due on or before November 20, 2024.*Note: these dates differ from the parties agreed-upon dates but are necessary given the Court's calendar and the Thanksgiving holiday. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kpd)

Oct. 29, 2024

Oct. 29, 2024

PACER
83

Unopposed MOTION for Extension of Time to File Response/Reply as to 75 Motion to Dismiss for Failure to State a Claim Amended Complaint, 72 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Emily Myrei Croston appearing for Plaintiffs Brody Mills, Cole Robinson. Responses due by 11/21/2024 (Croston, Emily)

Oct. 31, 2024

Oct. 31, 2024

PACER
84

DOCKET ENTRY ORDER. Good cause appearing, Plaintiffs' unopposed Motion for Extension of Time to File (Dkt. 83 ) is GRANTED. Plaintiffs responses to Defendants' Motions to Dismiss (Dkt. 72 and 75 ) will be due on or before November 19, 2024. Replies will be due on or before December 3, 2024. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kpd)

Nov. 1, 2024

Nov. 1, 2024

PACER
85

Unopposed MOTION for Protective Order Emily Myrei Croston appearing for Plaintiffs Brody Mills, Cole Robinson. Responses due by 12/3/2024 (Attachments: # 1 Proposed Order)(Croston, Emily)

1 Proposed Order

View on PACER

Nov. 12, 2024

Nov. 12, 2024

RECAP
86

STIPULATED PROTECTIVE ORDER. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)

Nov. 13, 2024

Nov. 13, 2024

RECAP
87

RESPONSE to Motion re 80 MOTION for Preliminary Injunction filed by Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt. Replies due by 11/27/2024.(Maurer, Matthew)

Nov. 13, 2024

Nov. 13, 2024

RECAP
88

MEMORANDUM in Opposition re 75 Motion to Dismiss for Failure to State a Claim Amended Complaint filed by Brody Mills, Cole Robinson. Replies due by 12/3/2024.(Croston, Emily)

Nov. 19, 2024

Nov. 19, 2024

RECAP
89

MEMORANDUM in Opposition re 72 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Brody Mills, Cole Robinson. Replies due by 12/3/2024. (Attachments: # 1 Declaration, # 2 Exhibit A)(Croston, Emily)

1 Declaration

View on RECAP

2 Exhibit A

View on RECAP

Nov. 19, 2024

Nov. 19, 2024

RECAP
90

REPLY to Response to Motion re 80 MOTION for Preliminary Injunction filed by Brody Mills, Cole Robinson.Motion Ripe Deadline set for 11/21/2024. (Attachments: # 1 Croston Declaration, # 2 Exhibit A)(Southwick, Paul)

1 Croston Declaration

View on RECAP

2 Exhibit A

View on RECAP

Nov. 20, 2024

Nov. 20, 2024

RECAP
91

Unopposed MOTION for Extension of Time to File Response/Reply Christina Mott Hesse appearing for Defendants Centurion Health, Centurion of Idaho, LLC. Responses due by 12/16/2024 (Hesse, Christina)

Nov. 25, 2024

Nov. 25, 2024

PACER
92

DOCKET ENTRY ORDER. Good cause appearing, Centurion Defendants' unopposed Motion for Extension of Time to File (Dkt. 91 ) is GRANTED. Centurion Defendants' reply to Plaintiffs' Response (Dkt. 89 ) will be due on or before December 17, 2024. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kpd)

Nov. 26, 2024

Nov. 26, 2024

PACER
93

First MOTION for Extension of Time to File Response/Reply as to 75 Motion to Dismiss for Failure to State a Claim Amended Complaint Matthew Lee Maurer appearing for Defendants Raul Labrador, Brad Little. Responses due by 12/17/2024 (Maurer, Matthew)

Nov. 26, 2024

Nov. 26, 2024

PACER
94

DOCKET ENTRY ORDER. Good cause appearing, State Defendants' unopposed Motion for Extension of Time to File (Dkt. 93 ) is GRANTED. State Defendants' reply to Plaintiffs' Response (Dkt. 88 ) will be due on or before December 17, 2024. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kpd)

Nov. 27, 2024

Nov. 27, 2024

PACER
95

MEMORANDUM DECISION AND ORDER - The Court HEREBY ORDERS: Plaintiffs' Motion for Preliminary Injunction (Dkt. 80 ) is GRANTED. The Court enjoins enforcement of Idaho Code § 18-8901's prohibition on the use of state funds for purposes of providing hormone therapy as against the class for the next 90 days. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)

Dec. 2, 2024

Dec. 2, 2024

Clearinghouse
96

AMENDED MEMORANDUM DECISION AND ORDER - The Court HEREBY ORDERS: Plaintiffs' Motion for Preliminary Injunction (Dkt. 80 ) is GRANTED. The Court enjoins enforcement of Idaho Code § 18-8901's prohibition on the use of state funds for pu rposes of providing hormone therapy as against the class for the next 90 days. *This injunction takes effect on December 3, 2024, after the expiration of the first injunction on December 2, 2024. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)

Dec. 3, 2024

Dec. 3, 2024

RECAP
97

NOTICE of Appearance by David J Myers on behalf of Bree Derrick, Raul Labrador, Brad Little, Josh Tewalt (Myers, David)

Dec. 4, 2024

Dec. 4, 2024

PACER

Case Details

State / Territory: Idaho

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: June 28, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three transgender women incarcerated by the IDOC.

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Governor of the State of Idaho, State

Attorney General of the State of Idaho, State

Deputy Director, State

Director, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Transgender

Medical/Mental Health Care:

Medical care, general

Medication, administration of