Case: De'Lonta v. Angelone

7:99-cv-00642 | U.S. District Court for the Western District of Virginia

Filed Date: Sept. 9, 1999

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On September 9, 1999, an inmate at the Marion Correctional Treatment Center in Marion, Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. The plaintiff, represented by the American Civil Liberties Union, asked the court for declaratory and injunctive relief, alleging that her constitutional rights had been violated by inadequate medical treatment for her Gender Dysphoria (GD). On Janu…

On September 9, 1999, an inmate at the Marion Correctional Treatment Center in Marion, Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. The plaintiff, represented by the American Civil Liberties Union, asked the court for declaratory and injunctive relief, alleging that her constitutional rights had been violated by inadequate medical treatment for her Gender Dysphoria (GD).

On January 13, 2000, the U.S. District Court for the Western District of Virginia (Judge James C. Turk) denied the plaintiff's motion for a preliminary injunction. The plaintiff appealed. On August 4, 2000, the U.S. Court of Appeals for the Fourth Circuit (Judges Francis Dominic Murnaghan Jr., William Walter Wilkins, and Robert Bruce King) issued a per curiam opinion dismissing the appeal for failure to prosecute. De'Lonta v. Angelone, 225 F.3d 653 (4th Cir. 2000). The plaintiff filed a petition for rehearing by the Fourth Circuit, and on September 15, 2000, the Fourth Circuit (Judges Wilkins, King, and Diana Jane Gribbon Motz) dismissed the appeal. De'Lonta v. Angelone, 230 F.3d 1352 (4th Cir. 2000).

On October 9, 2001, the district court (Judge Turk) dismissed the plaintiff's case for failure to state a claim on which relief can be granted. The plaintiff appealed. On May 27, 2003, the Fourth Circuit (Judge Wilkins) reversed the district court's dismissal and remanded the case for further consideration, holding that the plaintiff's need for protection against continued self-mutilation was a serious medical need to which prison officials could not be seriously indifferent, and that the plaintiff stated a claim by alleging inadequate medical treatment to prevent self-mutilation upon withdrawal of her hormone therapy. De'Lonta v. Angelone, 330 F.3d 630 (4th Cir. 2003).

The case settled in June 2004; the terms of the settlement require the prison to update its policies regarding treatment of inmates with GD, beginning with intake evaluation, prohibits harassment, requires that treatment plans be made and carried out by specialists, and that inmates with GD be housed in the most appropriate setting reasonably available.

The plaintiff's treatment was assigned to a specialist with expertise in GD. Prison officials were required to provide all necessary information about plaintiff's condition and to facilitate any referrals and consultations with other medical specialists necessary to assist in formulation of an appropriate treatment plan. Plaintiff's counsel was to receive periodic monitoring reports. On October 7, 2004, the court issued a stipulated order dismissing the case.

Summary Authors

Kristen Sagar (9/10/2006)

People


Judge(s)

King, Robert Bruce (South Carolina)

Motz, Diana Jane Gribbon (Maryland)

Murnaghan, Francis Dominic Jr. (Maryland)

Turk, James Clinton (Virginia)

Wilkins, William Walter (South Carolina)

Attorneys(s) for Plaintiff

Baldrate, Kelly Marie (Virginia)

Glasberg, Victor Michael (Virginia)

Glenberg, Rebecca (Virginia)

Rosenfield, Steven David (Virginia)

Attorneys(s) for Defendant

Boelzner, David Ernest (Virginia)

Judge(s)

King, Robert Bruce (South Carolina)

Motz, Diana Jane Gribbon (Maryland)

Murnaghan, Francis Dominic Jr. (Maryland)

Turk, James Clinton (Virginia)

Wilkins, William Walter (South Carolina)

Attorneys(s) for Plaintiff

Baldrate, Kelly Marie (Virginia)

Glasberg, Victor Michael (Virginia)

Glenberg, Rebecca (Virginia)

Rosenfield, Steven David (Virginia)

Attorneys(s) for Defendant

Boelzner, David Ernest (Virginia)

Kofron, Heather Marie (Virginia)

Muse, William W. (Virginia)

Vieth, Peter Duane (Virginia)

Wooten, George (Idaho)

Documents in the Clearinghouse

Document

Docket (PACER)

Nov. 9, 2004 Docket

Opinion

U. S. Court of Appeals for the Fourth Circuit

225 F.3d 653, 2000 WL 1091988, 2000 U.S.App.LEXIS 18898

Aug. 4, 2000 Order/Opinion

Opinion

U. S. Court of Appeals for the Fourth Circuit

230 F.3d 1352, 2000 WL 1336947, 2000 U.S.App.LEXIS 12190

Sept. 15, 2000 Order/Opinion

Opinion

U. S. Court of Appeals for the Fourth Circuit

11 Fed.Appx. 144, 2001 U.S.App.LEXIS 7451

April 24, 2001 Order/Opinion

USCA Opinion

U. S. Court of Appeals for the Fourth Circuit

248 F.3d 1134, 2001 U.S.App.LEXIS 12190

April 24, 2001 Order/Opinion

Opinion

U. S. Court of Appeals for the Fourth Circuit

330 F.3d 630

May 27, 2003 Order/Opinion

Settlement

No Court

June 1, 2004 Settlement Agreement

Resources

Title Description External URL

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
2

COMPLAINT w/attachments (lfc)

Sept. 9, 1999
3

VERIFIED STATEMENT w/ Attachments by Plaintiff (lfc)

Sept. 9, 1999
4

AFFIDAVIT by Opheila Azriel De'Lonta Re: inmate account affidavit. (lfc)

Sept. 9, 1999
5

MOTION for Appointment of Counsel w/memorandum in support by Opheila Azriel De'Lonta (lfc)

Sept. 9, 1999
6

MOTION for Temporary Restraining Order w/memorandum in support by Opheila Azriel De'Lonta (lfc)

Sept. 9, 1999

POST OFFICE RETURN of new suit because aka not shown remailed this date w/ aka M. Stokes #120047 (ssm)

Sept. 13, 1999
7

ORDER denying [6-1] motion for Temporary Restraining Order w/memorandum in support ( signed by Judge James C. Turk ) [EOD Date 9/13/99] (ssm)

Sept. 13, 1999
8

CONSENT TO FEE by pltf/pet (ssm)

Sept. 23, 1999
9

MOTION to Amend [2-1] complaint by Opheila Azriel De'Lonta (Attorney ) (ssm)

Sept. 23, 1999
10

ORDER denying [9-1] Plaintiff's amended motion for interlocutory injunctive relief (signed by Judge James C. Turk) [EOD Date 10/5/99] (kjh)

Oct. 5, 1999
11

ORDER DIRECTING the Trust Accounts OFficer to begin fee collection ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 10/15/99] (ssm)

Oct. 15, 1999

NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS as to Ronald J. Angelone, M. V. Smith, R. Hulbert, C. J. Angliker, Dr. Wray, Dr. Swetter 10/15/99 (ssm)

Oct. 15, 1999

Partial Payment on Filing Fee Paid; FILING FEE $ 61.90 RECEIPT # 95351 (ssm) (Entered: 10/28/1999)

Oct. 27, 1999

WAIVER OF SERVICE Returned Executed as to M. V. Smith, R. Hulbert, C. J. Angliker & Dr. Wray (kjh) (Entered: 11/15/1999)

Nov. 12, 1999

WAIVER OF SERVICE Returned Executed as to Ronald J. Angelone (kjh) (Entered: 11/15/1999)

Nov. 12, 1999

WAIVER OF SERVICE Returned Executed as to Dr. Swetter (kjh)

Nov. 15, 1999
12

ANSWER to Complaint, by Dr. Swetter (kjh)

Nov. 15, 1999
14

NOTICE of DISPOSITIVE MOTION, by Dr. Swetter (kjh)

Nov. 15, 1999
15

Roseboro Notice mailed to Parties (kjh)

Nov. 15, 1999

Magistrate's Notice mailed to Parties (kjh)

Nov. 15, 1999
16

MOTION for Appointment of Counsel w/ Affidavit and Memo of Law in support thereof by Opheila Azriel De'Lonta (ssm)

Dec. 1, 1999
17

MOTION to Extend Time pltf to resp w/i 30 by Opheila Azriel De'Lonta (Attorney ) (ssm)

Dec. 1, 1999
18

MOTION for Summary Judgment by Ronald J. Angelone (ssm)

Dec. 10, 1999
19

Roseboro Notice (ssm)

Dec. 10, 1999
20

CONSENT to trial by Magistrate Judge by Ronald J. Angelone (ssm)

Dec. 10, 1999
21

MOTION to Dismiss by M. V. Smith, R. Hulbert, C. J. Angliker, Dr. Wray (Attorney, Peter D. Vieth; George W. Wooten) (lmh)

Dec. 13, 1999
22

BRIEF by M. V. Smith, R. Hulbert, C. J. Angliker, Dr. Wray in Support of [21-1] motion to Dismiss by Dr. Wray, C. J. Angliker, R. Hulbert, M. V. Smith (lmh)

Dec. 13, 1999
23

Roseboro Notice (lmh)

Dec. 16, 1999
24

ORDER denying [16-1] motion for Appointment of Counsel w/ Affidavit and Memo of Law in support thereof granting [17-1] motion to Extend Time pltf to resp w/i 60 ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 12/17/99] (ssm)

Dec. 17, 1999
25

GRIEVANCES by pltf/pet (ssm)

Dec. 17, 1999
26

AFFIDAVIT by Opheila Azriel De'Lonta Re: [24-1] order (ssm)

Dec. 20, 1999
27

CONSENT to trial by Magistrate Judge by Dr. Swetter (ssm)

Dec. 22, 1999
28

ORDER, to Extend Time pltf to resp w/i 30 days ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 12/23/99] (ssm)

Dec. 23, 1999
29

CONSENT to trial by Magistrate Judge by Opheila Azriel De'Lonta (kjh) (Entered: 12/30/1999)

Dec. 29, 1999

FILING FEE PAYMENT OF $ 11.40 received; RECEIPT # 96003 (kjh) (Entered: 12/30/1999)

Dec. 29, 1999
30

INTERROGATORIES propounded to Ronald J. Angelone, by Opheila Azriel De'Lonta (kjh) (Entered: 12/30/1999)

Dec. 29, 1999
31

REQUEST FOR PRODUCTION OF DOCUMENTS, by Opheila Azriel De'Lonta (kjh) (Entered: 12/30/1999)

Dec. 29, 1999
32

MOTION for Protective Order , and to Stay by Dr. Swetter (Attorney ) (ssm)

Jan. 5, 2000
34

MOTION for Protective Order by M. V. Smith, R. Hulbert, C. J. Angliker, Dr. Wray (Attorney George W. Wooten, Peter D. Vieth) (lmh)

Jan. 10, 2000
34

MOTION to Stay by M. V. Smith, R. Hulbert, C. J. Angliker, Dr. Wray (lmh)

Jan. 10, 2000
35

MOTION for Preliminary Injunction by Opheila Azriel De'Lonta (lmh)

Jan. 10, 2000
35

MEMORANDUM by Opheila Azriel De'Lonta in support of [35-1] motion for Preliminary Injunction by Opheila Azriel De'Lonta (lmh)

Jan. 10, 2000
36

AFFIDAVIT by Opheila Azriel De'Lonta Re: [35-1] motion for Preliminary Injunction by Opheila Azriel De'Lonta (lmh)

Jan. 10, 2000
37

AFFIDAVIT by Opheila Azriel De'Lonta Re: [35-1] motion for Preliminary Injunction by Opheila Azriel De'Lonta (lmh)

Jan. 10, 2000
38

ORDER denying [35-1] Plaintiff's Motion for preliminary injunctive relief & Denying Plaintiff's Motion for a temporary restraining order (signed by Judge James C. Turk) [EOD Date 1/13/00] (kjh)

Jan. 13, 2000
39

RESPONSE by Opheila Azriel De'Lonta in Opposition to [34-1] motion to Stay by Dr. Wray, C. J. Angliker, R. Hulbert, M. V. Smith, [34-1] motion for Protective Order by Dr. Wray, C. J. Angliker, R. Hulbert, M. V. Smith, [32-1] motion for Protective Order by Dr. Swetter, [32-2] motion to Stay by Dr. Swetter (ssm) (Entered: 01/19/2000)

Jan. 18, 2000
40

MOTION for Leave to File amended complaint , and for Preliminary Injunction by Opheila Azriel De'Lonta (ssm)

Jan. 19, 2000
41

MOTION for Appointment of Expert by Opheila Azriel De'Lonta (Attorney ) (ssm)

Jan. 26, 2000
42

MOTION for Protective Order by Ronald J. Angelone (Attorney ) (ssm)

Jan. 31, 2000
43

INTERLOC NOTICE OF APPEAL by Opheila Azriel De'Lonta . , Inmate's mailing date of 2/2/00. Order appealed: 1/13/00 Order by Judge Turk) (ssm) (Entered: 02/04/2000)

Feb. 3, 2000
44

MOTION for Appointment of Counsel by Opheila Azriel De'Lonta (ssm) (Entered: 02/04/2000)

Feb. 3, 2000
45

ORDER Directing the Clerk of Court to submit to the Fourth CIrcuit certified copies of all relevant parts of the Record and maintain the original in this office pursuant to Rule 11e of FRAP ( signed by Judge James C. Turk ) [EOD Date 2/10/00] (ssm)

Feb. 10, 2000

Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [43-1] appeal by Opheila Azriel De'Lonta (ssm)

Feb. 10, 2000

RECORD ON APPEAL in 1 volumes sent to U.S. Court of Appeals: Re [43-1] appeal by Opheila Azriel De'Lonta (ssm)

Feb. 10, 2000

Filing Fee Paid; FILING FEE $ 2.36 RECEIPT # 96511 (ssm)

Feb. 11, 2000

NOTICE of Docketing ROA from USCA Re: [43-1] appeal by Opheila Azriel De'Lonta USCA Number: 00-6208 Docket Clerk Margaret Thomas (ssm)

Feb. 16, 2000

ACKNOWLEDGMENT LETTER from 4th Cir re Rule 11e in 1 Vol (ssm)

Feb. 16, 2000
46

ORDER denying [44-1] motion for Appointment of Counsel ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 2/24/00] (ssm)

Feb. 24, 2000
47

ORDER granting [42-1] Defts' Motion for a protective order & taking [41-1] Plaintiff's motion for appointment of an expert under advisement. Directing Plaintiff to submit argument/evidence on the threshold constitutional issue by 3/25/00 & whatever else as stated in Order (signed by USMJ Glen E. Conrad) [EOD Date 2/24/00] (kjh)

Feb. 24, 2000
48

NOTICE of move to Augusta Corr Center by Opheila Azriel De'Lonta (ssm)

Feb. 28, 2000
49

ORDER granting in part, denying in part [40-2] motion for Preliminary Injunction ( signed by Judge James C. Turk ) [EOD Date 2/29/00] (ssm)

Feb. 29, 2000
50

MOTION to Extend Time pltf to resp w/i 30 days by Opheila Azriel De'Lonta (ssm) (Entered: 03/06/2000)

March 3, 2000
51

ORDER granting [50-1] motion to Extend Time pltf to resp w/i 30 days ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 3/14/00] (ssm)

March 14, 2000
52

MOTION for Reconsideration of Denial of Appt of counsel/expert by Opheila Azriel De'Lonta (ssm)

March 24, 2000
53

MEMORANDUM, by Opheila Azriel De'Lonta, in support of [52-1] Motion for Reconsideration of Court's Denial of Counsel (kjh)

March 31, 2000
53

MOTION to extend time to respond to Court's deadlines , by Opheila Azriel De'Lonta (kjh)

March 31, 2000
54

MOTION for Appointment of Counsel by Opheila Azriel De'Lonta (ssm)

April 3, 2000
55

ADDITIONAL EVIDENCE by Opheila Azriel De'Lonta (ssm)

April 12, 2000

NOTICE of move to Marion Corr. Treatment Center by Opheila Azriel De'Lonta (ssm)

April 12, 2000
56

ORDER denying [54-1] motion for Appointment of Counsel ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 4/12/00] (ssm)

April 12, 2000
57

JOINT MOTION to Consolidate Case w/ 99-749 by Opheila Azriel De'Lonta (ssm)

April 13, 2000

ORDER from USCA DISMISSING this appeal for failure to prosecute pursuant to Local Rule 45 FRAP - dated 4-14-00 (ssm)

April 17, 2000
58

JOINT MOTION to Extend Time 60 days by Opheila Azriel De'Lonta (Duplicate filed in 99-749 and notice to pltfs to cease filing joint motions until such time as motion to consolidate cases has been ruled on) (ssm)

April 19, 2000
59

RESPONSE by C. J. Angliker, M. V. Smith, R. Hulbert, Dr. Wray in Opposition to [57-1] motion to Consolidate Case w/ 99-749 by Opheila Azriel De'Lonta (ssm)

April 27, 2000
60

ORDER granting [58-1] motion to Extend Time 60 days, denying [57-1] motion to Consolidate Case w/ 99-749, granting [40-1] motion for Leave to File amended complaint ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 5/4/00] (ssm)

May 4, 2000
61

NOTICE OF APPEAL by Opheila Azriel De'Lonta . , Inmate's mailing date of 05-04-00. Order appealed: 1-13-00 Order by Judge Turk) (ssm)

May 8, 2000

Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [61-1] appeal by Opheila Azriel De'Lonta (ssm)

May 8, 2000
62

ORDER denying motion for interloc injunctive relief as amended ( signed by Judge James C. Turk ) [EOD Date 5/9/00] (ssm)

May 9, 2000
63

NOTICE OF APPEAL by Opheila Azriel De'Lonta . , Inmate's mailing date of 5/12/00. Order appealed: 4-12-00 Order) (ssm)

May 15, 2000
64

NOTICE OF APPEAL by Opheila Azriel De'Lonta . , Inmate's mailing date of 05-12-00. Order appealed: 05-09-00) (ssm)

May 15, 2000

Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [63-1] appeal by Opheila Azriel De'Lonta (ssm)

May 15, 2000

Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [64-1] appeal by Opheila Azriel De'Lonta (ssm)

May 15, 2000

NOTICE of Docketing ROA from USCA Re: [61-1] appeal by Opheila Azriel De'Lonta USCA Number: 00-6645 Docket Clerk SJ Beasley (ssm)

May 18, 2000

NOTICE of Docketing ROA from USCA Re: [63-1] appeal by Opheila Azriel De'Lonta USCA Number: 00-6679(L) consol. w/00-6680 Docket Clerk Jean St. John (emh) (Entered: 05/26/2000)

May 22, 2000

NOTICE of Docketing ROA from USCA Re: [64-1] appeal by Opheila Azriel De'Lonta USCA Number: 00-6680 consol. w/00-6679(L) Docket Clerk Jean St. John (emh) (Entered: 05/26/2000)

May 22, 2000

ORDER from USCA directing fee payments (ssm)

May 30, 2000

RECORD ON APPEAL in 1 volumes sent to U.S. Court of Appeals: Re [64-1] appeal by Opheila Azriel De'Lonta, [63-1] appeal by Opheila Azriel De'Lonta, [61-1] appeal by Opheila Azriel De'Lonta (ssm)

June 8, 2000
65

MOTION for Reconsideration of [62-1] order by Opheila Azriel De'Lonta (Attorney ) (ssm)

June 8, 2000

ACKNOWLEDGMENT LETTER from 4th Cir re ROA rec'd 6-9-00 (ssm)

June 12, 2000
66

ORDER denying [65-1] Plaintiff's Motion for Reconsideration of [62-1] Court's order which denied interlocutory injunctive relief (signed by Judge James C. Turk) [EOD Date 6/13/00] (kjh)

June 13, 2000
67

RESPONSE by Opheila Azriel De'Lonta in Opposition to [13-1] motion to Dismiss purs to Rule 12(b)(6) by Dr. Swetter, [12-1] answer by Dr. Swetter (ssm)

June 28, 2000
68

BRIEF by Opheila Azriel De'Lonta in Support of [67-1] opposition response by Opheila Azriel De'Lonta (ssm)

June 28, 2000
69

STATEMENT OF DISPUTED FACTUAL ISSUES by Opheila Azriel De'Lonta (ssm)

June 28, 2000
70

RESPONSE by Opheila Azriel De'Lonta in Opposition to Defendants Motion for Summary Judgment and Motion to Dismiss and Material Facts Defendants Left Out (ssm)

June 28, 2000
71

MOTION to Extend Time for 180 days for pltf to resp by Opheila Azriel De'Lonta (Attorney ) (ssm)

June 28, 2000
72

PROPOSAL OF SETTLEMENT by Opheila Azriel De'Lonta (ssm)

July 28, 2000
73

ADDITIONAL EVIDENCE in support of Ophelia DeLonta by Mary M. Boenke (ssm)

July 31, 2000

MEMORANDUM OPINION from 4th Circuit ent. AFFIRMING in part/DISMISSING in part (Decided 08-04-00) (ssm)

Aug. 7, 2000

USCA NOTICE of filing of a timely petition for rehearing (emh) (Entered: 08/15/2000)

Aug. 14, 2000
74

Request for JUDICIAL NOTICE of South v. Gomex No 99 16976 by Opheila Azriel De'Lonta (ssm)

Sept. 5, 2000

State / Territory: Virginia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 9, 1999

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate alleging that prison officials and doctors had denied her adequate medical treatment for her gender identity disorder in violation of Eighth Amendment

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Va DOC, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Order Duration: 2004 - 0

Content of Injunction:

Preliminary relief denied

Issues

General:

Gay/lesbian/transgender

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run