Case: Sundstrom and Fields v. Frank

2:06-cv-00112 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: Jan. 24, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On January 24, 2006, several transgender state prisoners in Wisconsin state prisons filed a complaint in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division. The Plaintiffs sought declaratory and injunctive relief to redress Defendants' violations of their rights under the Eighth and Fourteenth Amendments to the United States Constitution. Plaintiffs were represented by attorneys from the Lambda Legal Defense and Education Fund, Inc., the ACLU Foundation, Inc., t…

On January 24, 2006, several transgender state prisoners in Wisconsin state prisons filed a complaint in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division. The Plaintiffs sought declaratory and injunctive relief to redress Defendants' violations of their rights under the Eighth and Fourteenth Amendments to the United States Constitution. Plaintiffs were represented by attorneys from the Lambda Legal Defense and Education Fund, Inc., the ACLU Foundation, Inc., the ACLU of Wisconsin Foundation, Inc., and private counsel.

Plaintiffs claim violation of the Constitution in enforcing "2005 Wisconsin Act 105," a recent state statute that barred use of state tax money for hormone therapy or sex reassignment surgery for prison inmates and others in state custody. Plaintiffs stated that Defendants' enforcement of the statute abruptly terminated and deprived them of medical treatment for their serious health conditions related to "Gender Identity Disorder," with no exercise whatsoever of individualized medical judgment and in contrast to the treatment Defendants provided to other similarly situated inmates at Wisconsin Department of Corrections ("DOC") facilities. Plaintiffs sought injunctive relief to end the violation of their equal protection rights and to be free from cruel and unusual punishment, pursuant to the Fourteenth and Eighth Amendments to the U.S. Constitution, and a declaration that "2005 Wisconsin Act 105" is unconstitutional on its face.

On January 27, 2006, the Court (District Judge Charles N. Clevert, Jr.), granted a preliminary injunction in response to Plaintiffs' emergency request. He directed Defendants to resume hormone therapy to Plaintiffs at the level provided prior to reduced dosages given by Defendants in anticipation of full compliance with the statute. Judge Clevert denied Plaintiffs' motion for a temporary restraining order, finding that such an order was unneeded since the state had been able to participate in the emergency proceedings, which were held by telephone. Discovery and pretrial proceedings ensued in the following months.

Plaintiffs were also successful on July 12, 2007, when their motion for a refund of filing fees was granted. Their counsel had earlier paid filing fees on behalf of each plaintiff as they were added to the case via amended complaints, but counsel later concluded that the Prison Litigation Reform Act's provision for payment of filing fees per litigant did not govern this case. Judge Clevert agreed in an unpublished order stating that, under the plain language of the statute, only prisoners seeking to proceed in forma pauperis are required to pay filing fees individually. These plaintiffs never moved for such status, so the standard rule of one fee per lawsuit applied, according to the judge.

Plaintiffs' motion to have their case certified as a class action was denied by Judge Clevert on February 16, 2007. Later, Judge Clevert also denied Plaintiffs' motion to file a Fourth Amended Complaint, and their motion to reconsider certification of modified class definition.

On October 15, 2007, Judge Clevert granted in part and denied in part Defendants' motion for partial summary judgment.

On March 31, 2010, in a related case, Fields v. Smith, Judge Clevert issued an order declaring Wis. Stat. § 302.386(5m) unconstitutional and enjoined the enforcement of the statute. The court concluded that Defendants' application of Wis. Stat. § 302.386(5m) constituted deliberate indifference to Plaintiff's serious medical needs in violation of the Eighth Amendment inasmuch as enforcement of the statute results in the denial of hormone therapy without regard for the individual medical needs of inmates and the medical judgment of their health care providers. The court further found Wis. Stat. § 302.386(5m) unconstitutional on its face under the Eighth Amendment because it bans the use of any Wisconsin State resources or federal funds passing through the government to provide hormone therapy and, thereby, requires the withdrawal of any such ongoing hormone therapy for inmates in DOC facilities without regard for the medical need for that treatment. The court further found that Wis. Stat. § 302.386(5m) prevents DOC medical personnel from evaluating inmates for treatment because such evaluation would be futile in light of the statute's ban on such hormone therapy. Furthermore, the application of Wis. Stat. § 302.386(5m) violates Plaintiffs' constitutional right to equal protection because there is no rational basis for treating Plaintiffs differently than similarly situated inmates. A Memorandum Decision was issued on May 13, 2010.

Defendants appealed the case to the Seventh Circuit. The case was heard and taken under advisement by panel on February 07, 2011.

On August 5, 2011, the Seventh Circuit Court of Appeals (Judges Rovner, Wood and Gottschall) affirmed the judgment of the District Court, ruling that the 2005 Wisconsin law violates the constitution, and striking it down in its entirety.

On March 26, the U.S. Supreme Court declined to take the case, leaving the 7th Circuit Court's decision standing.

Summary Authors

Xin Chen (5/22/2011)

Related Cases

Konitzer v. Bartow, Eastern District of Wisconsin (2003)

Gotti v. Raemisch, Eastern District of Wisconsin (2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4412461/parties/sundstrom-v-frank/


Judge(s)

Clevert, Charles N. Jr. (Wisconsin)

Gottschall, Joan B. (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Dupuis, Laurence J. (Wisconsin)

Guenther, Erik R. (Wisconsin)

Knight, John A. (Illinois)

Levasseur, Dru M. (New York)

Thaler, Cole A. (Georgia)

Attorneys(s) for Defendant

Burkert Brist, Monica A. (Wisconsin)

Judge(s)

Clevert, Charles N. Jr. (Wisconsin)

Gottschall, Joan B. (Illinois)

Rovner, Ilana Kara Diamond (Illinois)

Wood, Diane Pamela (Illinois)

Attorneys(s) for Plaintiff

Dupuis, Laurence J. (Wisconsin)

Guenther, Erik R. (Wisconsin)

Knight, John A. (Illinois)

Levasseur, Dru M. (New York)

Thaler, Cole A. (Georgia)

Attorneys(s) for Defendant

Burkert Brist, Monica A. (Wisconsin)

Finkelmeyer, Corey F. (Wisconsin)

Potts, Abigail CS (Wisconsin)

Schmelzer, Jody J. (Wisconsin)

Sullivan, Francis X. (Wisconsin)

Documents in the Clearinghouse

Document

Docket

Sundstrom v. Frank

Jan. 10, 2011 Docket
1

Complaint for Declaratory and Injunctive Relief

Sundstrom v. Frank

Jan. 24, 2006 Complaint

Order Denying Motion for Temporary Restraining Order and Granting Motion for Preliminary Injunction Barring Defendants From Withdrawing Plaintiffs' Hormonal Therapy

Sundstrom v. Frank

Jan. 27, 2006 Order/Opinion
8

First Amended Complaint for Declaratory and Injunctive Relief

Sundstrom v. Frank

Jan. 27, 2006 Complaint
55

Second Amended Complaint for Declaratory and Injunctive Relief

Sundstrom v. Frank

June 27, 2006 Complaint
70

Order Granting Request for Refund of Fees

Sundstrom v. Frank

2006 WL 2038204, 2006 U.S.Dist.LEXIS 53020

July 12, 2006 Order/Opinion
91-2

Third Amended Complaint for Declaratory and Injunctive Relief

Sundstrom v. Frank

Dec. 18, 2006 Complaint
102

Order Denying Plaintiff's Motion for Class Certification

Sundstrom v. Frank

Feb. 16, 2007 Order/Opinion
121

Defendants’ Brief in Support of Defendants' Motion for Partial Summary Judgment

Sundstrom v. Frank

July 31, 2007 Pleading / Motion / Brief
131

Order Denying Motion for Leave to Amend and Denying Motion to Reconsider Certification of Modified Class Definition

Sundstrom v. Frank

2007 WL 2303657

Aug. 7, 2007 Order/Opinion

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

See docket on RECAP: https://www.courtlistener.com/docket/4412461/sundstrom-v-frank/

Last updated May 28, 2022, 3:10 a.m.

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (Summons(es) Issued) against Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD filed by Kari Sundstrom, Andrea Fields. Consent forms distributed for Magistrate Judge Patricia J Gorence (Filing fee pd $ 500) .(kah, ) Document added on 1/30/2006 (bet) (Entered: 01/25/2006)

Jan. 24, 2006 PACER
2

CERTIFICATE of Interest by Kari Sundstrom, Andrea Fields. (kah, ) Document added on 1/31/2006 (bet) (Entered: 01/25/2006)

Jan. 24, 2006 PACER
3

Emergency MOTION for Temporary Restraining Order, and MOTION for Preliminary Injunction Enjoining Defts From Reducing or Terminating Pltfs Hormone Therapy by Kari Sundstrom, Andrea Fields. (kah, ) Document added on 1/30/2006 (bet) (Entered: 01/25/2006)

Jan. 24, 2006 PACER
4

BRIEF in Support re 3 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by all plaintiffs. (kah, ) Document added on 1/30/2006 (bet) (Entered: 01/25/2006)

Jan. 24, 2006 PACER
5

DECLARATION of Laurence Dupuis - EXHIBITS AVAILABLE IN PAPER FORMAT ONLY (kah) Document added on 1/30/2006 (bet) (Entered: 01/25/2006)

Jan. 24, 2006 PACER
6

NOTICE of Appearance by Francis X Sullivan, Jody J Schmelzer on behalf of Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD. (kah, ) Document added on 1/31/2006 (bet)

Jan. 27, 2006 PACER
7

PDF Document Requirement form sent to Jody J. Schmelzer regarding Notice of Appearance and Certificate of Service filed on 1/27/06. (kah, )

Jan. 27, 2006 PACER
8

AMENDED COMPLAINT against all defendants filed by Lindsey Blackwell.(Dupuis, Laurence)

Jan. 27, 2006 PACER
9

LETTER from Laurence Dupuis (Dupuis, Laurence)

Jan. 27, 2006 PACER
10

ORDER Denying Pltfs' Motion 3 for TRO and Granting Motion 3 for Preliminary Injunction Barring Defs. from Withdrawing Pltfs' Hormonal Therapy. Pltfs' hormonal therapy should return to the level that was in effect prior to the 1/12/06 reduction. Court schedules full hearing on Pltfs' Motion for PI on 8/24/06 at 8:30 AM, in Courtroom 222.((kwb), C. N. Clevert, Jr.) (Entered: 01/30/2006)

Jan. 27, 2006 RECAP

Set Hearings: PI Hearing set for 8/24/06 at 8:30 AM in Courtroom 222 before Judge Clevert.((kwb), C. N. Clevert, Jr.)

Jan. 27, 2006 PACER

MINUTES: Telephonic Hearing held on 1/25/06 re Pltfs' Emergency Motion for TRO and Preliminary Injunction. SEE Order. (Tape # 3:06:08 to 3:43:56 -- Court Reporter Cindy Bohman) ((kwb), C. N. Clevert, Jr.)

Jan. 30, 2006 PACER

FILING FEE Received for additional pltf: $ 250.00, receipt number 102-118168. (kah, )

Jan. 30, 2006 PACER
11

NOTICE of Appearance by Erik R Guenther on behalf of all plaintiffs. Attorney(s) appearing: Erik R. Guenther (Hurley, Burish & Stanton, S.C.) (Guenther, Erik)

Feb. 1, 2006 PACER
12

CERTIFICATE of Interest by all plaintiffs. (Guenther, Erik)

Feb. 1, 2006 PACER
13

ORDER EXTENDING PRELIMINARY INJUNCTION barring defendants from withdrawing hormonal therapy to plaintiff Lindsey Blackwell signed by Judge Charles N Clevert Jr on 2/3/2006. (cc: all counsel)((mj), C. N. CLEVERT, JR.)

Feb. 3, 2006 RECAP
14

Refusal to Jurisdiction by US Magistrate Judge by all plaintiffs (Dupuis, Laurence)

Feb. 3, 2006 PACER
15

DECLARATION of Kari Sundstrom with declarant's signature (Dupuis, Laurence)

Feb. 8, 2006 PACER
16

DECLARATION of Andrea Fields with declarant's signature (Dupuis, Laurence)

Feb. 8, 2006 PACER
17

LETTER from Laurence Dupuis regarding request for partial refund of filing fees (Dupuis, Laurence)

Feb. 10, 2006 PACER
18

ANSWER to Amended Complaint by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Robert Humphreys, Susan Nygren.(Schmelzer, Jody)

Feb. 13, 2006 PACER
19

LETTER from Laurence Dupuis Cover Letter transmitting filings (Dupuis, Laurence)

March 20, 2006 PACER
20

JOINT REPORT of Rule 26(f) Plan by all parties (Dupuis, Laurence)

March 20, 2006 PACER
21

TO BE REFILED; Joint MOTION Consolidate Preliminary Injunction Hearing with Trial on Merits; New Trial Date; Extend Temporary Injunction by all plaintiffs. (Dupuis, Laurence) Modified on 3/22/2006 (kah, ).

March 20, 2006 PACER
22

STIPULATION to Extend Temporary Injunction Maintaining Hormone Therapy Until Trial by all parties (Dupuis, Laurence)

March 20, 2006 PACER
23

CERTIFICATE OF SERVICE by all plaintiffs (Dupuis, Laurence)

March 20, 2006 PACER
24

REFILED; SEE DOC. 27 - AMENDED DOCUMENT by all plaintiffs. Amended Joint Motion to Consolidate Preliminary Injunction Hearing with Trial on Merits; for New Trial Date; to Extend Temporary Injunction [Corrected Version of Doc. #21] (Dupuis, Laurence) Modified on 3/22/2006 (kah, ).

March 20, 2006 PACER
25

CERTIFICATE OF SERVICE by all plaintiffs Service of Amended Motion to Consolidate Preliminary Injunction Hearing with Trial on Merits, etc (Dupuis, Laurence)

March 20, 2006 PACER
26

Docket Annotation asking Atty Dupuis to refile doc. 21/24. (kah, )

March 21, 2006 PACER
27

Joint MOTION for Order Consolidating Prelim Injunction Hearing with Trial on Merits, Amended MOTION to Reset Trial Date, Joint MOTION to Extend Temporary Injunction by all plaintiffs. (Dupuis, Laurence)

March 21, 2006 PACER
28

Joint MOTION for Protective Order by all parties. (Attachments: # 1 Text of Proposed Order Agreed Protective Order)(Dupuis, Laurence)

2 Text of Proposed Order Agreed Protective Order

View on PACER

April 10, 2006 PACER
32

Document Sealed as to Plaintiffs Lindsey Blackwell, Kari Sundstrom, Andrea Fields re: unredacted version of doc 28 . (kah, ) (Entered: 04/11/2006)

April 10, 2006 PACER
29

Joint MOTION for Leave to File Under Seal Unredacted Motion for Protective Order by all parties. (Dupuis, Laurence)

April 11, 2006 PACER
30

CERTIFICATE OF SERVICE by all plaintiffs Service of Motion for Protective Order and Proposed Order (Dupuis, Laurence)

April 11, 2006 PACER
31

CERTIFICATE OF SERVICE by all plaintiffs Service of Motion for Leave to File Under Seal Unredacted Motion for Protective Order (Dupuis, Laurence)

April 11, 2006 PACER
34

AGREED PROTECTIVE ORDER signed by Judge Charles N Clevert Jr on 4/11/06. (cc: all counsel)(kah, ) (Entered: 04/12/2006)

April 11, 2006 PACER
33

LETTER from Cole Thaler re: Address Change (Thaler, Cole)

April 12, 2006 PACER
35

First MOTION to Certify Class by all plaintiffs. (Thaler, Cole)

April 27, 2006 PACER
36

BRIEF in Support re 35 First MOTION to Certify Class filed by all plaintiffs. (Attachments: # 1 Exhibit Authentication and Index# 2 Exhibit Exhibits A-H)(Thaler, Cole)

2 Exhibit Authentication and Index

View on PACER

3 Exhibit Exhibits A-H

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April 27, 2006 PACER
37

First MOTION to Amend/Correct First Amended Complaint by all plaintiffs. (Attachments: # 1 Exhibit Exhibit A - Second Amended Complaint)(Thaler, Cole)

2 Exhibit Exhibit A - Second Amended Complaint

View on PACER

April 27, 2006 PACER
38

CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)

April 27, 2006 PACER
39

CERTIFICATE by all plaintiffs Pursuant to Local Civil Rule 7.1(a) (Thaler, Cole)

April 27, 2006 PACER
40

ORDER signed by Judge Charles N Clevert Jr on 4/28/06 granting 29 Joint Motion for Leave to File under Seal Unredacted Motion for Entry of Protective Order. (cc: all counsel) ((mj), C. N. CLEVERT, JR.) (Entered: 05/01/2006)

April 28, 2006 PACER
41

ORDER granting 27 Amended Joint Motion for Consolidation of Preliminary Injunction Hearing with trial on the merits, new date for hearing/trial, and extension of preliminary injunction, and Order setting schedule signed by Judge Charles N Clevert Jr on 4/28/2006 . (cc: all counsel) ((mj), C. N. CLEVERT, JR.) (Entered: 05/01/2006)

April 28, 2006 PACER

Set/Reset Scheduling Order: Defendant's opposing brief to motion for class certification is due 5/30/05; plaintiffs' reply due 6/13/2006. Plaintiffs Expert Witness List due by 6/30/2006. Defendants Expert Witness List due by 7/31/2006. Rebuttal expert diclsores are due 8/15/2006. Final Pretrial Conference set for 12/14/2006 09:00 AM in Courtroom 222 before Judge Charles N Clevert Jr. Motions in limine due 11/10/2006. Final/Joint Pretrial Report, proposed voir dire and jury instructions due by 12/4/2006. Jury Trial set for 1/8/2007 08:30 AM in Courtroom 222 before Judge Charles N Clevert Jr. Dispositive Motions due by 8/29/2006; filings in opposition due 9/29/2006; and any replys are due 10/16/06. ((mj), C. N. CLEVERT, JR.) Modified on 5/10/2006 - reply date corrected to 10/16/06. (kmf, ).

May 1, 2006 PACER

Set Deadlines/Hearings: Discovery due by 9/29/2006. (kah, )

May 1, 2006 PACER
42

RESPONSE to Motion re 35 First MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 filed by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD. (Schmelzer, Jody)

May 30, 2006 PACER
43

AFFIDAVIT of Francis X. Sullivan (Schmelzer, Jody)

May 30, 2006 PACER
44

CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD (Schmelzer, Jody)

May 30, 2006 PACER
45

AFFIDAVIT of Francis X. Sullivan with Exhibit A (Attachments: # 1)(Schmelzer, Jody)

2 Exhibit

View on PACER

May 31, 2006 PACER
46

CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD (Schmelzer, Jody)

May 31, 2006 PACER
47

Signed AFFIDAVIT of Francis X. Sullivan (Schmelzer, Jody)

May 31, 2006 PACER
48

CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD of signed Affidavit of Francis X. Sullivan (Schmelzer, Jody)

May 31, 2006 PACER
49

Joint MOTION for Extension of Time Modifying Briefing Schedule by all parties. (Attachments: # 1 Text of Proposed Order Order Enlarging Time and Modifying Briefing Schedule)(Dupuis, Laurence)

2 Text of Proposed Order Order Enlarging Time and Modifying Briefing Schedule

View on PACER

June 5, 2006 PACER
50

STIPULATION for Enlargement of Time & Modification of Briefing Schedule by all parties (Dupuis, Laurence)

June 5, 2006 PACER
51

CERTIFICATE OF SERVICE by all plaintiffs (Dupuis, Laurence)

June 5, 2006 PACER
52

ORDER signed by Judge Charles N Clevert Jr on 6/9/06 granting 49 parties' joint motion for modification of the briefing schedule. Plaintiffs' reply brief and supporting papers in support of their motion for class certification is due 7/14/2006. (cc: all counsel) (C N Clevert, Jr)

June 9, 2006 PACER
53

Emergency MOTION for Preliminary Injunction Enjoining Defendants from Reducing or Terminating Matthew Davison, a/k/a Jassica Davison's Hormone Therapy by all plaintiffs. (Knight, John)

June 27, 2006 PACER
54

BRIEF in Support re 53 Emergency MOTION for Preliminary Injunction Enjoining Defendants from Reducing or Terminating Matthew Davison, a/k/a Jassica Davison's Hormone Therapy filed by all plaintiffs. (Attachments: # 1 Declaration of John A. Knight# 2 Exhibit Exhibits A and B to Knight Declaration# 3 Exhibit Exhibit C-1 to Knight Declaration# 4 Exhibit Exhibit C-2 to Knight Declaration# 5 Exhibit Exhibits D and E - Knight Declaration)(Knight, John)

2 Declaration of John A. Knight

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3 Exhibit Exhibits A and B to Knight Declaration

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4 Exhibit Exhibit C-1 to Knight Declaration

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5 Exhibit Exhibit C-2 to Knight Declaration

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6 Exhibit Exhibits D and E - Knight Declaration

View on PACER

June 27, 2006 PACER
55

MOTION to Amend/Correct Complaint by all plaintiffs. (Attachments: # 1 Exhibit A - Second Amended Complaint)(Knight, John)

2 Exhibit A - Second Amended Complaint

View on PACER

June 27, 2006 PACER
56

BRIEF in Support re 55 MOTION to Amend/Correct Complaint filed by all plaintiffs. (Knight, John)

June 27, 2006 PACER
57

CERTIFICATE OF SERVICE by all plaintiffs (Knight, John)

June 27, 2006 PACER
58

STIPULATION to the addition of plaintiff Matthew Davison, a/k/a Jessica Davison, and the extension of preliminary injunctive relief to her by all plaintiffs (Attachments: # 1 Text of Proposed Order)(Knight, John)

2 Text of Proposed Order

View on PACER

June 28, 2006 PACER
59

CERTIFICATE OF SERVICE by all plaintiffs (Knight, John)

June 28, 2006 PACER
61

SECOND AMENDED COMPLAINT against all defendants filed by all pltfs; party Matthew Davison added.(kah, ) Modified on 6/29/2006 (kah, ). (Entered: 06/29/2006)

June 28, 2006 PACER
60

Docket Annotation to Atty Knight re: doc. 58. (kah, )

June 29, 2006 PACER
62

ORDER GRANTING MOTION [#53] for Preliminary Injunction as to Plaintiff Matthew Davison, a/k/a Jessica Davison; and pursuant to the filing of the Second Amended Complaint on 6/28/06. the Court terminates as moot Plaintiffs' Motion [#37] to Amend/Correct the First Amended Complaint.((kwb), C. N. Clevert, Jr.) Modified on 6/30/2006 (kmm, ).

June 30, 2006 PACER
63

Defendants' ANSWER to Amended Complaint and Affirmative Defenses for Declaratory and Injunctive Relief by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD.(Schmelzer, Jody)

July 12, 2006 PACER
64

CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD (Schmelzer, Jody)

July 12, 2006 PACER
65

TO BE REFILED - MOTION to Compel Discovery & for Enlargement of Time by all plaintiffs. (Thaler, Cole) Modified on 7/13/2006 (kah, ).

July 12, 2006 PACER
66

BRIEF in Support re 73 MOTION to Compel Discovery & for Enlargement of Time filed by all plaintiffs. (Thaler, Cole) Modified link on 7/13/2006 (kah, ).

July 12, 2006 PACER
67

DECLARATION of John Knight (Attachments: # 1 Exhibit A - I)(Thaler, Cole)

2 Exhibit A - I

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July 12, 2006 PACER
68

STIPULATION to Modification of Scheduling Order by all parties (Thaler, Cole)

July 12, 2006 PACER
69

LETTER from Plaintiffs' Counsel (Thaler, Cole)

July 12, 2006 PACER
70

ORDER Granting Request for Refund of Fees signed by Judge Charles N Clevert Jr on 7/12/2006. (cc: all counsel)((mj), C. N. CLEVERT, JR.)

July 12, 2006 PACER
71

CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)

July 12, 2006 PACER
72

Docket Annotation asking Atty Thaler to refile doc. 65. (kah, )

July 13, 2006 PACER
73

MOTION to Compel Discovery, MOTION for Extension of Time by all plaintiffs. (Thaler, Cole)

July 13, 2006 PACER
74

ORDER signed by Judge Charles N Clevert Jr on 7/14/2006 granting 73 Motion for Extension of Time . (cc: all counsel) ((mj), C. N. CLEVERT, JR.)

July 14, 2006 PACER
75

RESPONSE to Motion re 73 MOTION to Compel Discovery MOTION for Extension of Time In Opposition filed by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD. (Schmelzer, Jody)

July 26, 2006 PACER
76

CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Roman Kaplan, MD (Schmelzer, Jody)

July 26, 2006 PACER
77

MOTION to Strike Defendants' Demand for a Jury Trial by all plaintiffs. (Knight, John)

Aug. 1, 2006 PACER
78

BRIEF in Support re 77 MOTION to Strike Defendants' Demand for a Jury Trial filed by all plaintiffs. (Knight, John)

Aug. 1, 2006 PACER
79

REPLY BRIEF in Support re 73 MOTION to Compel Discovery MOTION for Extension of Time filed by all plaintiffs. (Attachments: # 1 Exhibit A-B)(Thaler, Cole) Modified to fix event on 8/3/2006 (kah, ).

2 Exhibit A-B

View on PACER

Aug. 2, 2006 PACER
80

MOTION to File Redacted Documents by all plaintiffs. (Thaler, Cole)

Aug. 2, 2006 PACER
81

CERTIFICATE by all plaintiffs Pursuant to Local Rule 7.1 (Thaler, Cole)

Aug. 2, 2006 PACER
82

CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)

Aug. 2, 2006 PACER
83

Docket Annotation to Atty Thaler re: doc. 79. (kah, )

Aug. 3, 2006 PACER
84

LETTER from Jody J. Schmelzer in response to plaintiffs' Motion To Strike Defendants' Demand for Jury Trial. (Schmelzer, Jody)

Sept. 1, 2006 PACER
85

MOTION for Order re Defendants' Motion To Impanel An Advisory Jury For Trial by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Robert Humphreys, Susan Nygren. (Schmelzer, Jody)

Sept. 1, 2006 PACER
86

CERTIFICATE OF SERVICE by Matthew J Frank, Judy P Smith, Thomas Edwards, James Greer, Robert Humphreys, Susan Nygren (Schmelzer, Jody)

Sept. 1, 2006 PACER
87

BRIEF in Opposition filed by all plaintiffs re 85 MOTION for Order re Defendants' Motion To Impanel An Advisory Jury For Trial. (Knight, John)

Sept. 15, 2006 PACER
88

NOTICE of Hearing on 73 MOTION to Compel Discovery. Motion Hearing set for 12/6/2006 11:00 AM in Courtroom 222 before Judge Charles N Clevert Jr. ((mj), C. N. CLEVERT, JR.)

Nov. 3, 2006 PACER
89

ORDER signed by Judge Charles N Clevert Jr on 11/7/06 granting 77 Motion to Strike Defendant's Demand for a Jury Trial ; denying 85 Motion to Impanel an Advisory Jury for Trial. (cc: all counsel) ((mj), C. N. CLEVERT, JR.)

Nov. 7, 2006 PACER
90

Minute Order. Motion Hearing held on 12/6/2006 before Judge Charles N Clevert Jr: denying 73 Motion to Compel; Reply brief on motion for Class Certification due 1/30/2007;Discovery due by 4/6/2007; Telephone Conference set for 2/16/2007 10:30 AM before Judge Charles N Clevert Jr. (Tape #11:26:49 - 12:16:55.) ((mj), C. N. CLEVERT, JR.) (Entered: 12/08/2006)

Dec. 6, 2006 PACER
91

MOTION for Amendment of Complaint to Add Plaintiff Vankemah Moaton, and for Extension of Preliminary Injunctive Relief to Her by all plaintiffs. (Attachments: # 1 Exhibit Third Amended Complaint# 2 Text of Proposed Order)(Thaler, Cole)

2 Exhibit Third Amended Complaint

View on PACER

3 Text of Proposed Order

View on PACER

Dec. 18, 2006 PACER
92

STIPULATION to the Addition of Plaintiff Vankemah Moaton, and to the Extension of Preliminary Injunctive Relief to Her by all parties. (Thaler, Cole)

Dec. 18, 2006 PACER
93

CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)

Dec. 18, 2006 PACER
94

ORDER signed by Judge Charles N Clevert Jr on 12/21/06 granting 91 Motion for Amendment of Complaint to Add Plaintiff Vankemah Moaton and for Extension of Preliminary Injunctive Relief. (cc: all counsel) ((mj), C. N. CLEVERT, JR.) (Entered: 12/22/2006)

Dec. 21, 2006 PACER
95

THIRD AMENDED COMPLAINT against all defendants filed by all pltfs; added pltf Vankemah D Moaton. (kah) Modified filers on 12/26/2006 (kah). (Entered: 12/26/2006)

Dec. 21, 2006 PACER

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Jan. 24, 2006

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five transgender women incarcerated in state prisons in Wisconsin.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Wisconsin Department of Corrections, State

Oshkosh Correctional Institution (Oshkosh), State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General:

Gay/lesbian/transgender

Affected Gender:

Female

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run