Case: Kwiatkowski v. Dismukes

3:26-cv-00098 | U.S. District Court for the Western District of North Carolina

Filed Date: Feb. 6, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is a class action which challenges the North Carolina Department of Adult Correction’s implementation of HB805, which prohibits the use of state funds for gender affirming care for prisoners.  On February 6, 2026, a group of transgender individuals incarcerated in facilities run by the North Carolina Department of Adult Correction (DAC) filed this class action lawsuit against the DAC in the Western District of North Carolina, challenging the implementation of HB805, a state law that b…

This case is a class action which challenges the North Carolina Department of Adult Correction’s implementation of HB805, which prohibits the use of state funds for gender affirming care for prisoners. 

On February 6, 2026, a group of transgender individuals incarcerated in facilities run by the North Carolina Department of Adult Correction (DAC) filed this class action lawsuit against the DAC in the Western District of North Carolina, challenging the implementation of HB805, a state law that bans the use of state funds for gender-affirming surgeries and hormone treatments for prisoners. The plaintiffs, who had been diagnosed with gender dysphoria, argued that the legislation forces prison medical staff to abruptly stop or reduce their medically necessary care unless patients face imminent physical harm, completely ignoring mental health needs and established medical standards. This practice, the complaint alleged, constituted deliberate indifference to serious medical needs and violated the Eighth Amendment protection against cruel and unusual punishment. Consequently, the plaintiffs sought a declaratory judgment and injunctive relief to invalidate the unconstitutional statute, halt its enforcement, and restore access to individualized, standard-of-care medical treatments for all incarcerated people suffering from gender dysphoria. This case was assigned to District Judge Susan C. Rodriguez.

On March 6, 2026, legislative leaders Philip E. Berger, the Senate President Pro Tempore of the North Carolina Senate,  and Destin C. Hall, the Speaker of the North Carolina House of Representatives, (together, the “legislative defendants”), filed an unopposed motion to intervene in this action as defendants in order to defend the challenged state statutes. The court granted the motion on March 19, 2026. 

The plaintiffs filed a motion to certify two classes on March 18, 2026. The classes would consist of (1) All current and future people in the custody of the North Carolina Department of Adult Correction who have or will have gender dysphoria and have been prescribed or may require cross-sex hormone therapy to treat gender dysphoria (the Hormone Class); and (2) All current and future people in the custody of the North Carolina Department of Adult Correction who have or will have gender dysphoria and have been prescribed or may require gender-affirming surgery to treat gender dysphoria (the Surgery Class).

The same day, the plaintiffs filed a motion requesting that the court grant a statewide preliminary injunction prohibiting the defendants from further enforcing the challenged law. 

The legislative defendants filed an answer to the plaintiffs’ complaint on March 26, 2026, arguing that the challenged statute represented a valid legislative appropriation and correctional policy that is rationally related to legitimate government interests.

Then, on May 7, 2026, the legislative defendants filed a motion for judgment on the pleadings, which argued that the court should dismiss this case for lack of subject-matter jurisdiction, because one of the plaintiffs had previously filed a similar case in federal court, because the plaintiffs had failed to exhaust administrative remedies, and because the plaintiffs failed to state an Eighth Amendment claim. 

The same day, the DAC filed a motion to dismiss, which argued that the plaintiffs lacked standing, and had not exhausted their administrative remedies as required by the Prisoner Litigation Reform Act (PLRA). The plaintiffs opposed both the intervenor-defendants’ and the defendants’ motions on May 20, 2026. 

On May 8, 2026, the legislative defendants filed a motion seeking to amend their answer, which the court granted on July 8, 2026. 

The legislative defendants filed their amended answer on July 14, 2026, which added an affirmative defense asserting that the plaintiffs specifically failed to exhaust their administrative remedies under the PLRA. 

The following day, on July 15, 2026, because the legislative defendants filed an amended answer, the court administratively denied their motion for judgment on the pleadings as moot. The legislative defendants renewed their motion on July 28, 2026, and the plaintiffs responded to the renewed motion on July 30, 2026. 

On August 7, 2026, the plaintiffs filed a motion requesting that the court expedite its consideration of the parties’ preliminary motions. The motion was referred to the magistrate judge, W. Carleton Metcalf, for disposition on October 2, 2026. So far, the court has not ruled on the motion to expedite, nor the motions to dismiss. 

This case is ongoing. 

Summary Authors

Sofia Yoder (10/11/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72243185/parties/kwiatkowski-v-dismukes/


Attorney for Plaintiff

Johnson, Ivy A. (North Carolina)

Attorney for Defendant

Barnes, James Albert (North Carolina)

Barnes, Brian W. (North Carolina)

Hildabrand, Clark L. (North Carolina)

Hoyd, Tiffany (North Carolina)

Documents in the Clearinghouse

Documents in this case
1

3:26-cv-00098

Class Action Complaint for Declaratory and Injunctive Relief

Feb. 6, 2026

Feb. 6, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/72243185/kwiatkowski-v-dismukes/

Last updated Nov. 11, 2026, 5:50 a.m.

Docket for: Kwiatkowski v. Dismukes
ECF Number Date Description Link
1 Feb. 6, 2026

COMPLAINT for Declaratory and Injunctive Relief (Class Action) against Arthur Campbell, Leslie Cooley Dismukes ( Filing fee $ 405 receipt number ANCWDC-7317455), filed by LuluBell Frazier, Ashlee Inscoe, AJ Kwiatkowski, Tremayne Izzard, Pumpkin Snuggs.(Maffetore, Jaclyn) (Entered: 02/06/2026)

Clearinghouse
2 Feb. 6, 2026

NOTICE of Appearance by Ivy A. Johnson on behalf of All Plaintiffs (Johnson, Ivy) (Entered: 02/06/2026)

RECAP
3 Feb. 9, 2026

NOTICE of Appearance by Daniel Kohle Siegel on behalf of All Plaintiffs (Siegel, Daniel) (Main Document 3 replaced on 2/10/2026) (tlj). (Entered: 02/09/2026)

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4 Feb. 9, 2026

NOTICE of Appearance by Elizabeth Guild Simpson on behalf of All Plaintiffs (Simpson, Elizabeth) (Entered: 02/09/2026)

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Feb. 9, 2026

Pro Se Law Clerk Referral

Feb. 9, 2026

Case Assigned/Reassigned

Feb. 9, 2026

Standing Order Regarding Use of Artificial Intelligence

Feb. 9, 2026

Case assigned to Chief Judge Martin Reidinger. This is your only notice - you will not receive a separate document.(tlj)

Feb. 9, 2026

Pro Se Law Clerk Referral to PSLC: 1 (tlj)

Feb. 9, 2026

Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (tlj)

Feb. 9, 2026

Standing Order Regarding Use of Artificial Intelligence (3:24-mc-104). Click on this link to retrieve the Standing Order (t lj)

Feb. 11, 2026

Case Assigned/Reassigned

Feb. 11, 2026

Case reassigned to District Judge Susan C Rodriguez and US Magistrate Judge W. Carleton Metcalf. Chief Judge Martin Reidinger no longer assigned to the case. This is your only notice - you will not receive a separate document.(tlj)

5 Feb. 12, 2026

REQUEST FOR WAIVER of Service sent to Defendant Arthur Campbell via Orlando Rodriguez on 2/6/2026 by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. (Maffetore, Jaclyn) (Entered: 02/12/2026)

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6 Feb. 12, 2026

REQUEST FOR WAIVER of Service sent to Defendant Leslie Cooley Dismukes via Orlando Rodriguez on 2/6/2026 by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. (Maffetore, Jaclyn) (Entered: 02/12/2026)

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Feb. 12, 2026

Case Assignment Packet Link

Feb. 12, 2026

Clerk's Entry and Service of Case Assignment Packet. The document was served conventionally at case filing (tlj)

7 Feb. 23, 2026

NOTICE of Appearance by James Albert Barnes, IV on behalf of Arthur Campbell, Leslie Cooley Dismukes (Barnes, James) (Entered: 02/23/2026)

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8 Feb. 23, 2026

WAIVER OF SERVICE Returned Executed by Leslie Cooley Dismukes, Arthur Campbell. Leslie Cooley Dismukes waiver sent on 2/6/2026, answer due 4/7/2026; Arthur Campbell waiver sent on 2/6/2026, answer due 4/7/2026. (Barnes, James) (Entered: 02/23/2026)

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9 March 6, 2026

NOTICE of Appearance by Nicole Jo Moss on behalf of Philip E. Berger, Destin C. Hall (Moss, Nicole) (Entered: 03/06/2026)

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10 March 6, 2026

MOTION for Leave to Appear Pro Hac Vice as to David H. Thompson Filing fee $ 300, receipt number ANCWDC-7354299. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

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11 March 6, 2026

MOTION for Leave to Appear Pro Hac Vice as to Brian W. Barnes Filing fee $ 300, receipt number ANCWDC-7354309. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

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12 March 6, 2026

MOTION for Leave to Appear Pro Hac Vice as to Peter A. Patterson Filing fee $ 300, receipt number ANCWDC-7354327. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

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13 March 6, 2026

MOTION for Leave to Appear Pro Hac Vice as to John D. Ohlendorf Filing fee $ 300, receipt number ANCWDC-7354346. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

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14 March 6, 2026

MOTION for Leave to Appear Pro Hac Vice as to John D. Ramer Filing fee $ 300, receipt number ANCWDC-7354373. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

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15 March 6, 2026

Unopposed MOTION to Intervene by Philip E. Berger, Destin C. Hall. Responses due by 3/20/2026 (Attachments: # 1 Memorandum in Support of Motion to Intervene) (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/06/2026)

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16 March 6, 2026

Attachment by Philip E. Berger, Destin C. Hall. Attachment to 15 Motion to Intervene Exhibit 1, Proposed Answer (Moss, Nicole) (Entered: 03/06/2026)

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March 6, 2026

Notice - Out of State Counsel

March 6, 2026

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

March 6, 2026

TEXT-ONLY ORDER granting 10, 11, 12, 13, 14 Motion for Leave to Appear Pro Hac Vice added David H. Thompson,Brian W. Barnes,Peter A. Patterson,John D. Ramer,John D. Ohlendorf for Philip E. Berger for Destin C. Hall (Pro Hac Vice Attorney served via NEF). Entered by District Judge Susan C Rodriguez on 3/6/2026. (mdp)

March 6, 2026

Notice to David H. Thompson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/13/2026. (mdp)

March 6, 2026

Notice to Brian W. Barnes: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/13/2026. (mdp)

March 6, 2026

Notice to Peter A. Patterson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/13/2026. (mdp)

March 6, 2026

Notice to John D. Ohlendorf: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/13/2026. (mdp)

March 6, 2026

Notice to John D. Ramer: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 3/13/2026. (mdp)

17 March 17, 2026

NOTICE of Appearance by Tiffany Hoyd on behalf of Arthur Campbell, Leslie Cooley Dismukes (Hoyd, Tiffany) (Entered: 03/17/2026)

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18 March 18, 2026

MOTION to Certify Class by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Responses due by 4/1/2026 (Attachments: # 1 Exhibit 1-Declaration of Dr. Randi Ettner, # 2 Exhibit 2-Text of 2025 N.C. Sess. Laws 84 (HB805), # 3 Exhibit 3-Declaration of Daniel K. Siegel, # 4 Exhibit 4-Declaration of AJ Kwiatkowski, # 5 Exhibit 5-Declaration of Pumpkin Snuggs, # 6 Exhibit 6-Declaration of LuluBell Frazier, # 7 Exhibit 7-Declaration of Tremayne Izzard, # 8 Exhibit 8-Declaration of Ashlee Inscoe, # 9 Exhibit 9-Declaration of Elizabeth G. Simpson, # 10 Appendix Exhibit Index) (Maffetore, Jaclyn) (Entered: 03/18/2026)

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19 March 18, 2026

MEMORANDUM in Support re 18 MOTION to Certify Class by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. (Maffetore, Jaclyn) (Entered: 03/18/2026)

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20 March 18, 2026

MOTION for Preliminary Injunction by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Responses due by 4/1/2026 (Maffetore, Jaclyn) (Entered: 03/18/2026)

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21 March 18, 2026

MEMORANDUM in Support re 20 MOTION for Preliminary Injunction by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. (Maffetore, Jaclyn) (Entered: 03/18/2026)

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March 19, 2026

Oral or Text-Only Order AND ~Util - Set Deadlines AND ~Util - Terminate Motions

March 19, 2026

TEXT-ONLY ORDER: The 15 Unopposed Motion to Intervene as Defendants by President Pro Tempore Philip E. Berger and Speaker Destin Hall is GRANTED and movants are GRANTED LEAVE to intervene in this matter. Movants are directed to file their proposed Answer (Doc. 16 ) no later than March 26, 2026. Entered by US Magistrate Judge W. Carleton Metcalf on 3/19/2026. (slm)

22 March 25, 2026

MOTION for Leave to Appear Pro Hac Vice as to Clark L. Hildabrand Filing fee $ 300, receipt number ANCWDC-7376925. by Philip E. Berger, Destin C. Hall. (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/25/2026)

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23 March 26, 2026

ORDER that the 22 Motion for Leave to Appear Pro Hac Vice is GRANTED. Clark L. Hildabrand added for Philip E. Berger and Destin C. Hall (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 3/26/2026. (ps) (Entered: 03/26/2026)

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24 March 26, 2026

ANSWER to 1 Complaint, by Philip E. Berger, Destin C. Hall.(Moss, Nicole) (Entered: 03/26/2026)

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March 26, 2026

Notice - Out of State Counsel

March 26, 2026

Notice to Clark L. Hildabrand: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account Link. (Attorney served via NEF) Deadline by 4/2/2026. (ps)

25 March 27, 2026

Unopposed MOTION to Stay Deadlines to Respond to Plaintiffs' Motions for Preliminary Injunction and Class Certification until the Court Rules on State and Legislative Defendants' Motion for an Extension of Time by Philip E. Berger, Arthur Campbell, Leslie Cooley Dismukes, Destin C. Hall. Responses due by 4/10/2026 (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/27/2026)

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26 March 27, 2026

MOTION for Extension of Time to File Response/Reply re: 20 MOTION for Preliminary Injunction, 18 MOTION to Certify Class, and for Leave to Obtain Discovery to Respond to Plaintiffs' Motions by Philip E. Berger, Arthur Campbell, Leslie Cooley Dismukes, Destin C. Hall. Responses due by 4/10/2026 (Attachments: # 1 Exhibit Declaration of NCDAC Chief Medical Officer Arthur L. Campbell, III, M.D.) (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 03/27/2026)

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27 April 6, 2026

RESPONSE in Opposition re 26 MOTION for Extension of Time to File Response/Reply re: 20 MOTION for Preliminary Injunction, 18 MOTION to Certify Class, and for Leave to Obtain Discovery to Respond to Plaintiffs' Motions by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Replies due by 4/13/2026 (Siegel, Daniel) (Entered: 04/06/2026)

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28 April 6, 2026

MOTION for Extension of Time to Answer re: 1 Complaint, or File Other Responsive Pleading by Arthur Campbell, Leslie Cooley Dismukes. (Attachments: # 1 Proposed Order) (Barnes, James). Motions referred to W. Carleton Metcalf. (Entered: 04/06/2026)

1 Proposed Order

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RECAP
April 6, 2026

Order on Motion to Stay

April 6, 2026

TEXT-ONLY ORDER: As the State Defendants and Legislative Defendants have timely filed a motion seeking an extension of time to respond to Plaintiffs' motions for a preliminary injunction and for class certification (Doc. 26 ), it is not necessary for Defendants to file substantive responses to those motions while the motion for extension of time is pending. Consequently, the 25 "Unopposed Expedited Motion for an Administrative Stay of the Deadlines to Respond to Plaintiffs' Motions for Preliminary Injunction and Class Certification until the Court Rules of State and Legislative Defendants' Motion for an Extension of Time" is DENIED AS MOOT. Should the motion for extension of time be denied, a new deadline for Defendants to respond to Plaintiffs' underlying motions will be established. Entered by US Magistrate Judge W. Carleton Metcalf on 4/6/2026. (slm)

29 April 7, 2026

RESPONSE in Opposition re 28 MOTION for Extension of Time to Answer re: 1 Complaint, or File Other Responsive Pleading by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Replies due by 4/14/2026 (Maffetore, Jaclyn) (Entered: 04/07/2026)

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April 8, 2026

Order on Motion for Extension of Time

April 8, 2026

TEXT-ONLY ORDER: The State Defendants' 28 Motion for Extension of Time to File an Answer or Other Responsive Pleadings to Plaintiffs' Complaint is GRANTED, and the deadline for Leslie Cooley Dismukes and Arthur Campbell to file an answer or otherwise respond to Plaintiffs' Complaint is EXTENDED through and including May 7, 2026. Entered by US Magistrate Judge W. Carleton Metcalf on 4/8/2026. (hms)

30 April 13, 2026

REPLY to Response re 27 Response in Opposition to Motion, by Arthur Campbell, Leslie Cooley Dismukes. (Attachments: # 1 Exhibit 1)(Barnes, James) (Entered: 04/13/2026)

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31 April 13, 2026

REPLY to Response to Motion re 26 MOTION for Extension of Time to File Response/Reply re: 20 MOTION for Preliminary Injunction, 18 MOTION to Certify Class, and for Leave to Obtain Discovery to Respond to Plaintiffs' Motions by Philip E. Berger, Destin C. Hall. (Moss, Nicole) (Entered: 04/13/2026)

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32 May 7, 2026

MOTION for Judgment on the Pleadings by Philip E. Berger, Destin C. Hall. Responses due by 5/21/2026 (Attachments: # 1 Brief in Support of Intervenor-Defendants' Motion for Judgment on the Pleadings, # 2 Index of Exhibits to Intervenor-Defendants' Brief, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5) (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 05/07/2026)

1 Brief in Support of Intervenor-Defendants' Motion for Judgment on the Plea

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2 Index of Exhibits to Intervenor-Defendants' Brief

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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33 May 7, 2026

MOTION to Dismiss by Arthur Campbell, Leslie Cooley Dismukes. Responses due by 5/21/2026 (Barnes, James). Motions referred to W. Carleton Metcalf. (Entered: 05/07/2026)

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34 May 7, 2026

MEMORANDUM in Support re 33 MOTION to Dismiss by Arthur Campbell, Leslie Cooley Dismukes. (Attachments: # 1 Exhibit Declaration of Adrina Bass, # 2 Exhibit A1 Kwiatkowski, # 3 Exhibit B1 Frazier, # 4 Exhibit B2 Frazier, # 5 Exhibit B3 Frazier, # 6 Exhibit B4 Frazier, # 7 Exhibit B5 Frazier, # 8 Exhibit B6 Frazier, # 9 Exhibit B7 Frazier, # 10 Exhibit B8 Frazier, # 11 Exhibit B9 Frazier, # 12 Exhibit B10 Frazier, # 13 Exhibit C1 Snuggs, # 14 Exhibit C2 Snuggs, # 15 Exhibit D1 Inscoe, # 16 Exhibit D2 Inscoe, # 17 Exhibit D3 Inscoe, # 18 Exhibit D4 Inscoe, # 19 Exhibit Plaintiff AJ Kwiatkowski Oct. 23, 2025 Grievance)(Barnes, James) (Entered: 05/07/2026)

1 Exhibit Declaration of Adrina Bass

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2 Exhibit A1 Kwiatkowski

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3 Exhibit B1 Frazier

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4 Exhibit B2 Frazier

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5 Exhibit B3 Frazier

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6 Exhibit B4 Frazier

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7 Exhibit B5 Frazier

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8 Exhibit B6 Frazier

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9 Exhibit B7 Frazier

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10 Exhibit B8 Frazier

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11 Exhibit B9 Frazier

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12 Exhibit B10 Frazier

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13 Exhibit C1 Snuggs

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14 Exhibit C2 Snuggs

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15 Exhibit D1 Inscoe

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16 Exhibit D2 Inscoe

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17 Exhibit D3 Inscoe

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18 Exhibit D4 Inscoe

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19 Exhibit Plaintiff AJ Kwiatkowski Oct. 23, 2025 Grievance

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35 May 8, 2026

Consent MOTION for Leave to File Amended Answer by Philip E. Berger, Destin C. Hall. Responses due by 5/22/2026 (Attachments: # 1 Amended Answer of Intervenor-Defendants) (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 05/08/2026)

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36 May 13, 2026

MEMORANDUM in Support re 33 MOTION to Dismiss (Corrected Memorandum in Support) by Arthur Campbell, Leslie Cooley Dismukes. (Barnes, James) (Entered: 05/13/2026)

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37 May 20, 2026

RESPONSE in Opposition re 33 MOTION to Dismiss, 32 MOTION for Judgment on the Pleadings by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Replies due by 5/27/2026 (Maffetore, Jaclyn) (Entered: 05/20/2026)

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38 May 27, 2026

REPLY to Response to Motion re 32 MOTION for Judgment on the Pleadings by Philip E. Berger, Destin C. Hall. (Attachments: # 1 Index of Exhibits to Intervenor-Defendants' Reply, # 2 Exhibit 1)(Moss, Nicole) (Entered: 05/27/2026)

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39 May 27, 2026

REPLY to Response to Motion re 33 MOTION to Dismiss by Arthur Campbell, Leslie Cooley Dismukes. (Barnes, James) (Entered: 05/27/2026)

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40 June 10, 2026

Notice of Substitution of Counsel by Terence Steed on behalf of Arthur Campbell, Leslie Cooley Dismukes, Attorney Tiffany Hoyd terminated. (Steed, Terence) (Entered: 06/10/2026)

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41 July 8, 2026

ORDER that the Legislative Defendants' 35 Consent Motion for Leave to File Amended Answer is GRANTED and Legislative Defendants are given leave to file, on or before July 14, 2026, their 35-1 proposed amended answer. Any renewed Motion for Judgment on the Pleadings shall be filed no later than July 28, 2026. The deadline for Defendants to respond to Plaintiffs' 18 Motion for Class Certification and Plaintiffs 20 Motion for Preliminary Injunction is STAYED pending resolution of the State Defendants' 33 Motion to Dismiss and any renewed Motion for Judgment on the Pleadings. With respect to the State and Legislative Defendants' 26 Motion for an Extension of Time to Respond to Plaintiffs Motions for Class Certification and Preliminary Injunctive Relief and Leave to Obtain Discovery to Respond to Plaintiffs Motions: a.) To the extent Defendants request an extension to and including August 3, 2026 to respond to Plaintiffs Motion for Class Certification and Plaintiffs Motion for Preliminary Injunction, the Motion is DENIED AS MOOT; b.) To the extent Defendants seek leave to conduct early discovery, the Motion is DENIED WITHOUT PREJUDICE. Signed by US Magistrate Judge W. Carleton Metcalf on 7/8/2026. (ps) (Entered: 07/08/2026)

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July 8, 2026

Set/Reset Deadlines

July 8, 2026

Set Deadline: Amended Pleadings due by 7/14/2026. (ps)

42 July 14, 2026

AMENDED ANSWER to 1 Complaint,, by Philip E. Berger, Destin C. Hall. (Moss, Nicole) (Entered: 07/14/2026)

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July 15, 2026

Order on Motion for Judgment on the Pleadings

July 15, 2026

TEXT-ONLY ORDER finding as moot 32 Motion for Judgment on the Pleadings Text of Order: ORDER: In light of the filing of the Amended Answer, the Motion for Judgment on the Pleadings is ADMINISTRATIVELY DENIED AS MOOT WITHOUT PREJUDICE. See Fed. R. Civ. P. 15(a)(1)(B); Hall v. Int'l Union, United Auto., Aerospace & Agric. Implement Workers of Am., No. 3:10-CV-418-RJC-DSC, 2011 WL 4014315, at *1 (W.D.N.C. June 21, 2011)("It is well-settled that an amended pleading supersedes the original pleading, and that motions directed at superseded pleadings are to be denied as moot.")(citing Young v. City of Mount Ranier, 238 F.3d 567, 572-73 (4th Cir. 2001)). So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 7/15/2026. (kkb)

43 July 28, 2026

MOTION for Judgment on the Pleadings Renewed by Philip E. Berger, Destin C. Hall. Responses due by 8/11/2026 (Attachments: # 1 Brief in Support of Intervenor-Defendants' Renewed Motion for Judgement on the Pleadings, # 2 Index of Exhibits to Intervenor-Defendants' Brief, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5) (Moss, Nicole). Motions referred to W. Carleton Metcalf. (Entered: 07/28/2026)

1 Brief in Support of Intervenor-Defendants' Renewed Motion for Judgement on

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2 Index of Exhibits to Intervenor-Defendants' Brief

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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44 July 30, 2026

RESPONSE in Opposition re 43 MOTION for Judgment on the Pleadings Renewed by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Replies due by 8/6/2026 (Maffetore, Jaclyn) (Entered: 07/30/2026)

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45 Aug. 6, 2026

REPLY to Response to Motion re 43 MOTION for Judgment on the Pleadings Renewed by Philip E. Berger, Destin C. Hall. (Attachments: # 1 Index of Exhibits to Reply in Support of Renewed Motion for Judgment, # 2 Exhibit 1)(Moss, Nicole) (Entered: 08/06/2026)

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46 Aug. 7, 2026

MOTION to Expedite Consideration of Rule 12 Motions by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. Responses due by 8/21/2026 (Maffetore, Jaclyn) Motion referred to W. Carleton Metcalf. Modified to add referral on 10/2/2026 (mdp). (Entered: 08/07/2026)

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47 Aug. 7, 2026

MEMORANDUM in Support re 46 MOTION to Expedite Consideration of Rule 12 Motions by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. (Maffetore, Jaclyn) (Entered: 08/07/2026)

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48 Aug. 13, 2026

RESPONSE to Motion re 46 MOTION to Expedite Consideration of Rule 12 Motions by Philip E. Berger, Destin C. Hall. Replies due by 8/20/2026 (Moss, Nicole) (Entered: 08/13/2026)

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49 Aug. 17, 2026

REPLY to Response to Motion re 46 MOTION to Expedite Consideration of Rule 12 Motions by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs. (Maffetore, Jaclyn) (Entered: 08/17/2026)

RECAP
50 Sept. 14, 2026

NOTICE of Supplemental Authority by LuluBell Frazier, Ashlee Inscoe, Tremayne Izzard, AJ Kwiatkowski, Pumpkin Snuggs re 44 Response in Opposition to Motion, 45 Reply to Response to Motion, 43 MOTION for Judgment on the Pleadings Renewed (Siegel, Daniel) (Entered: 09/14/2026)

RECAP
51 Sept. 18, 2026

RESPONSE re 50 Notice (Other), by Philip E. Berger, Destin C. Hall. (Moss, Nicole) (Entered: 09/18/2026)

RECAP
Oct. 2, 2026

Motions Referred

Oct. 2, 2026

Motion referred to W. Carleton Metcalf.: 46 MOTION to Expedite Consideration of Rule 12 Motions (mdp)

Case Details

State / Territory:

North Carolina

Case Type(s):

Healthcare Access and Reproductive Issues

Prison Conditions

Key Dates

Filing Date: Feb. 6, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are transgender prisoners incarcerated in facilities run by the North Carolina Department of Adult Correction

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State

Leslie Cooley Dismukes

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

Other Dockets:

Western District of North Carolina 3:26-cv-00098

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Conditions of confinement

Affected Sex/Gender(s):

Transgender

LGBTQ+:

Transgender

Medical/Mental Health Care:

Gender-affirming care

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