Case: Kosilek v. Nelson

1:92-cv-12820 | U.S. District Court for the District of Massachusetts

Filed Date: Nov. 11, 1992

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On November 11, 1992, a transgender inmate at the Bristol County Jail, serving a life sentence, filed a pro se lawsuit in the U.S. District Court for the District of Massachusetts against the Sheriff of the Bristol County and others under 42 U.S.C. 1983. The plaintiff asked the court for both an injunction ordering that she be provided with a sex reassignment surgery and damages, alleging that she was provided inadequate medical care for her serious medical need in violation of her constitution…

On November 11, 1992, a transgender inmate at the Bristol County Jail, serving a life sentence, filed a pro se lawsuit in the U.S. District Court for the District of Massachusetts against the Sheriff of the Bristol County and others under 42 U.S.C. 1983. The plaintiff asked the court for both an injunction ordering that she be provided with a sex reassignment surgery and damages, alleging that she was provided inadequate medical care for her serious medical need in violation of her constitutional rights. The medical need in question was severe Gender Dysphoria (GD), causing mental anguish to the plaintiff.

The plaintiff was later transferred to the Massachusetts Department of Corrections at Norfolk, MA. She filed a motion to amend her complaint to seek the same relief from DOC on February 8, 1993, which was granted on June 7, 1994. The case then proceeded for a long time on pre-trial discovery and motion practices.

On February 23, 1999, the plaintiff filed a motion to further amend to include the Commissioner of the DOC as a defendant, which was granted on March 4, 1999.

On September 12, 2000, the Court (Judge Mark Wolf) issued an order dismissing claims of damages against the Commissioner in his individual capacity, based on the doctrine of qualified immunity. The Court also issued a summary judgment for the Sheriff, as one of the defendants in the present case, dismissing all claims against him both in individual and official capacity. The Court cited qualified immunity of the Sheriff and lack of evidence to make out a claim of constitutional violation against him. Kosilek v. Nelson, 2000 U.S. Dist. LEXIS 13355 (D. Mass. 2000). On October 4, 2000, the plaintiff filed an appeal to the First Circuit Court of Appeals against the summary judgment.

On February 27, 2001, the First Circuit Court of Appeals issued an order, retaining jurisdiction over the case, but remanding it to the District Court to give statement of reasons for its order on September 12, 2000.

On September 14, 2001, the Court (Judge Mark Wolf) issued an order denying the plaintiff's motion for summary judgment. The non-jury trial finally commenced on February 4, 2002.

At trial, counsel for the plaintiff represented that she was seeking an injunction requiring that she be provided with treatment in prison for GD consistent with the Harry Benjamin Standards of Care. More specifically, the plaintiff requested an order that the defendant retain a doctor who specializes in treating GD to evaluate the plaintiff, authorize that doctor to prescribe any treatment deemed appropriate, and provide the treatment prescribed by that doctor. That treatment could require hormone treatment therapy and sex reassignment surgery.

On March 22, 2002, the First Circuit Court of Appeals issued a per curiam order affirming the summary judgment of the District Court (Judge Mark Wolf) on September 12, 2000 for the reasons stated in that judgment. Kosilek v. Nelson, 29 Fed. Appx. 621 (1st Cir. Mass. 2002).

Following the trial, the Court (Judge Mark Wolf) issued its judgment for the defendant on August 28, 2002. The Court did not find any violations of the Eighth Amendment by the Commissioner of the DOC. The Court found that the plaintiff's severe GD constitutes a serious medical need, for which she has not received adequate medical treatment. However, the Court found that the defendant was not deliberately indifferent to the substantial risk of serious harm to the plaintiff, as he did not appreciate the substantial risk posed to the plaintiff due to lack of medical qualifications and failing to make the inference necessary from the facts of the case, and also had legitimate security concerns, as well as concerns about political controversy. The Court did not issue an injunction or otherwise order the DOC to do something, but it expressed its expectations that the Commissioner would be put on notice of the plaintiff's serious medical need and provide adequate medical care for it. Kosilek v. Maloney, 221 F. Supp. 2d 156 (D. Mass. 2002).

The plaintiff filed her motion for attorney's fees on October 30, 2002, which was denied by the Court (Judge Mark Wolf) on September 11, 2003. This effectively ended the present case.

However, with the present case still ongoing, the plaintiff filed another pro se lawsuit against the Massachusetts Department of Corrections and its medical officers on December 12, 2000. The case is included in the database as Kosilek v. Spencer. The allegations in that case were substantially similar to the present one, where the plaintiff argues that the DOC violated her constitutional rights by not providing her adequate medical care for her serious medical need. The present case's outcome bears substantial influence on the proceedings of the second case. The Kosilek v. Spencer case is still ongoing.

 

Summary Authors

Zhandos Kuderin (4/3/2014)

Related Cases

Kosilek v. Spencer, District of Massachusetts (2000)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11321954/parties/kosilek-v-nelson/


Judge(s)
Attorney for Plaintiff

Chiasson, Jen Chase (Massachusetts)

Chiasson-Aronoff, Jen Chase (Massachusetts)

Cohen, Frances S. (Massachusetts)

Attorney for Defendant

Beauregard, Philip N. (Massachusetts)

Eiro-Bartevyan, Mary C. (Massachusetts)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

1:92-cv-12820

Docket (PACER)

Kosilek v Nelson

Aug. 5, 2004

Aug. 5, 2004

Docket
189

1:92-cv-12820

Memorandum and Order

Sept. 12, 2000

Sept. 12, 2000

Order/Opinion

2000 U.S.Dist.LEXIS 2000

01-01185

Opinion

U.S. Court of Appeals for the First Circuit

March 22, 2002

March 22, 2002

Order/Opinion

29 Fed.Appx. 29

307

1:92-cv-12820

Memorandum and Order

Kosilek v. Maloney

Aug. 28, 2002

Aug. 28, 2002

Order/Opinion

221 F.Supp.2d 221

321

1:92-cv-12820

Memorandum and Order

Kosilek v. Maloney

Sept. 11, 2003

Sept. 11, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11321954/kosilek-v-nelson/

Last updated Feb. 20, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

Complaint filed (fmr) (Entered: 11/30/1992)

Nov. 24, 1992

Nov. 24, 1992

PACER

Filing Fee/Payment Received

Nov. 24, 1992

Nov. 24, 1992

PACER

Filing Fee Paid. Receipt #: 251391 Amount: $120.00. (fmr)

Nov. 24, 1992

Nov. 24, 1992

PACER

Summons Issued

Nov. 24, 1992

Nov. 24, 1992

PACER

Summons(es) issued for David R. Nelson, Glenn Sturgeon, Edwin Roderiques, Joanne Carrol-Connor, Michael Murray, Matthew Pittman, Dean Royer, Bettina Borders, Scott Harshbarger (fmr)

Nov. 24, 1992

Nov. 24, 1992

PACER
2

Motion by Michelle Kosilek for appointment of counsel (jdj) (Entered: 11/30/1992)

Nov. 30, 1992

Nov. 30, 1992

PACER
3

Motion by Michelle Kosilek to proceed in forma pauperis (jdj) (Entered: 11/30/1992)

Nov. 30, 1992

Nov. 30, 1992

PACER
4

Plaintiffs explanation of attachments. (jdj) (Entered: 11/30/1992)

Nov. 30, 1992

Nov. 30, 1992

PACER
5

Letter to the court from plaintiff requesting emergency relief w/attachments. (jdj) (Entered: 12/30/1992)

Dec. 30, 1992

Dec. 30, 1992

PACER
6

Motion by David R. Nelson, Glenn Sturgeon, Edwin Roderiques, Joanne Carrol-Connor, Michael Murray, Matthew Pittman to dismiss for failure to state claim (jdj) (Entered: 01/19/1993)

Jan. 19, 1993

Jan. 19, 1993

PACER
7

Memorandum by David R. Nelson, Glenn Sturgeon, Edwin Roderiques, Dean Royer, Joanne Carrol-Connor, Michael Murray, Matthew Pittman in support of [6-1] motion to dismiss for failure to state claim. c/s. (jdj) (Entered: 01/19/1993)

Jan. 19, 1993

Jan. 19, 1993

PACER
8

Acknowledgement of service as to Bettina Borders (jdj) (Entered: 01/19/1993)

Jan. 19, 1993

Jan. 19, 1993

PACER
9

Answer to Complaint by Bettina Borders; jury demand (jdj) (Entered: 01/19/1993)

Jan. 19, 1993

Jan. 19, 1993

PACER
10

Acknowledgement of service as to Scott Harshbarger 1/22/93 (jdj) (Entered: 01/27/1993)

Jan. 27, 1993

Jan. 27, 1993

PACER
11

Motion by Scott Harshbarger to dismiss (jdj) (Entered: 02/05/1993)

Feb. 5, 1993

Feb. 5, 1993

PACER
12

Memorandum by Scott Harshbarger in support of [11-1] motion to dismiss (jdj) (Entered: 02/05/1993)

Feb. 5, 1993

Feb. 5, 1993

PACER
13

Judge Mark L. Wolf . Memorandum and Order denying [3-1] motion to proceed in forma pauperis, denying [2-1] motion for appointment of counsel (jdj) (Entered: 02/05/1993)

Feb. 5, 1993

Feb. 5, 1993

PACER
14

Motion by Michelle Kosilek to amend [1-1] complaint (jdj) (Entered: 02/08/1993)

Feb. 8, 1993

Feb. 8, 1993

PACER
15

Response by Bettina Borders in opposition to [14-1] motion to amend [1-1] complaint (jdj) (Entered: 02/18/1993)

Feb. 18, 1993

Feb. 18, 1993

PACER
16

Letter to the court from Phillip Beauregard requesting action on motion to dismiss. (jdj) (Entered: 04/27/1993)

April 27, 1993

April 27, 1993

PACER
17

Letter to the court regarding pending petition for writ of habeus corpus. (jdj) (Entered: 08/23/1993)

Aug. 23, 1993

Aug. 23, 1993

PACER

Mail sent to Mishelle Kosilek returned by Post Office "not here" (jdj)

Oct. 20, 1993

Oct. 20, 1993

PACER

Mail Returned

Oct. 20, 1993

Oct. 20, 1993

PACER
18

Letter filed by Michelle Kosilek dated 11/7/93 to Judge Wolf Re: status of case (jdj) (Entered: 11/16/1993)

Nov. 16, 1993

Nov. 16, 1993

PACER
19

Letter filed by Beverly R. Roby dated: 12/21/93 to: Mr Johnson re: pending motion to dismiss filed. (jdj) (Entered: 12/29/1993)

Dec. 29, 1993

Dec. 29, 1993

PACER
20

Letter filed by Beverly R. Roby dated: 1/27/94 to: Court regarding motion to dismiss filed. (jdj) (Entered: 01/31/1994)

Jan. 31, 1994

Jan. 31, 1994

PACER
21

Motion by Michelle Kosilek for partial summary judgment (jdj) (Entered: 03/02/1994)

March 2, 1994

March 2, 1994

PACER
22

Notice of change of address by Michelle Kosilek by Michelle Kosilek (jdj) (Entered: 03/16/1994)

March 16, 1994

March 16, 1994

PACER
23

Letter filed by Phillip Beauregard dated: 3/22/94 to: Ms Whitney re: transfer of case filed. (jdj) (Entered: 03/25/1994)

March 22, 1994

March 22, 1994

PACER
24

Answer to Complaint by Scott Harshbarger; jury demand (jdj) (Entered: 03/31/1994)

March 31, 1994

March 31, 1994

PACER
25

Judge Mark L. Wolf . Civil Order of Reference entered. Case referred to Mag. Judge Zachary R. Karol for R&R on all dispositive issues . (jdj) (Entered: 04/21/1994)

April 21, 1994

April 21, 1994

PACER
26

Mag. Judge Zachary R. Karol . Order entered granting [14-1] motion to amend [1-1] complaint, Response to motion reset to 7/1/94 for [11-1] motion to dismiss, reset to 7/1/94 for [6-1] motion to dismiss for failure to state claim defts may supplement there motions to dismiss by 6/20/94 . (jdj) (Entered: 06/07/1994)

June 7, 1994

June 7, 1994

PACER
27

Supplemental Memorandum by David R. Nelson, Glenn Sturgeon, Edwin Roderiques, Joanne Carrol-Connor, Michael Murray, Matthew Pittman, and Dean Royer in support of [11-1] motion to dismiss, filed. c/s. (jdj) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

PACER
28

Motion by L. Scott Harshbarger to dismiss amended complaint, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

PACER
29

Memorandum by L. Scott Harshbarger in support of [28-1] motion to dismiss amended complaint, filed. (jdj) (Entered: 06/21/1994)

June 21, 1994

June 21, 1994

PACER
30

Response by Michelle Kosilek in opposition to [28-1] motion to dismiss amended complaint, filed. (jdj) (Entered: 06/27/1994)

June 27, 1994

June 27, 1994

PACER
32

Memorandum by Bettina Borders in support of [31-1] motion to dismiss, filed. (jdj) (Entered: 07/01/1994)

June 30, 1994

June 30, 1994

PACER
33

Affidavit of Bettina Borders, re: [31-1] motion to dismiss, filed. (jdj) (Entered: 07/01/1994)

June 30, 1994

June 30, 1994

PACER
31

Motion by Bettina Borders to dismiss, filed. (jdj) (Entered: 07/01/1994)

July 1, 1994

July 1, 1994

PACER

Motion(s) no longer referred: [28-1] motion to dismiss amended complaint, [21-1] motion for partial summary judgment, [6-1] motion to dismiss for failure to state claim . (vah)

Dec. 16, 1994

Dec. 16, 1994

PACER

Add and Terminate Judges

Dec. 16, 1994

Dec. 16, 1994

PACER
34

Report and Recommendations by Mag. Judge Zachary R. Karol re: [28-1] motion to dismiss amended complaint, [21-1] motion for partial summary judgment, [6-1] motion to dismiss for failure to state claim entered; Magistrate's Recommendation: . Objection to R and R due by 12/26/94 . Motion no longer referred: . (jdj) (Entered: 12/16/1994)

Dec. 16, 1994

Dec. 16, 1994

PACER
35

Objections by David R. Nelson to [34-1] report and recommendations, filed. (jdj) (Entered: 12/27/1994)

Dec. 27, 1994

Dec. 27, 1994

PACER

Description not available

Dec. 27, 1994

Dec. 27, 1994

PACER

Motion by Michelle Kosilek to further amend [1-1] complaint, filed. Referred to Mag. Judge Zachary R. Karol(jdj)

Dec. 27, 1994

Dec. 27, 1994

PACER
38

Motion by Michelle Kosilek to proceed in forma pauperis, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 12/30/1994)

Dec. 30, 1994

Dec. 30, 1994

PACER
39

Affidavit of Michelle Kosilek, re: [38-1] motion to proceed in forma pauperis, filed. (jdj) (Entered: 12/30/1994)

Dec. 30, 1994

Dec. 30, 1994

PACER
40

Financial Affidavit by Michelle Kosilek, filed. (jdj) (Entered: 12/30/1994)

Dec. 30, 1994

Dec. 30, 1994

PACER
41

Motion by Michelle Kosilek for appointment of counsel, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 12/30/1994)

Dec. 30, 1994

Dec. 30, 1994

PACER
42

Motion by Bettina Borders to extend time to file motion to dismiss, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 01/04/1995)

Jan. 4, 1995

Jan. 4, 1995

PACER
43

Plaintiffs response to defendant Nelsons objections to Magistrates Report of 12/16/94 (jdj) (Entered: 01/18/1995)

Jan. 18, 1995

Jan. 18, 1995

PACER

Per request of Magistrate Karol pleadings # 36 & 37 have been retuned to plaintiff pursuant to Rule 15.1 (addition of new parties). (jdj)

Jan. 19, 1995

Jan. 19, 1995

PACER

Docket Annotation

Jan. 19, 1995

Jan. 19, 1995

PACER
44

Letter by Michelle Kosilek dated: 2/1/95 to: court re: motion to amend, filed. (jdj) (Entered: 02/03/1995)

Feb. 3, 1995

Feb. 3, 1995

PACER
45

Motion by Michelle Kosilek for appointment of counsel, filed. Referred to Mag. Judge Zachary R. Karol (jdj) (Entered: 02/03/1995)

Feb. 3, 1995

Feb. 3, 1995

PACER

Motion(s) no longer referred: [31-1] motion to dismiss . (vah)

Feb. 7, 1995

Feb. 7, 1995

PACER

CASE NO LONGER REFERRED TO Mag. Judge Zachary R. Karol . (vah)

Feb. 7, 1995

Feb. 7, 1995

PACER

Add and Terminate Judges

Feb. 7, 1995

Feb. 7, 1995

PACER
46

Report and Recommendations by Mag. Judge Zachary R. Karol re: [31-1] motion to dismiss entered; Magistrate's Recommendation: granted . Objection to R and R due by 2/17/95 . Motion no longer referred: . (jdj) (Entered: 02/07/1995)

Feb. 7, 1995

Feb. 7, 1995

PACER
47

Objections by Michelle Kosilek to [46-1] report and recommendations, filed. (jdj) (Entered: 02/13/1995)

Feb. 13, 1995

Feb. 13, 1995

PACER
48

Motion by Bettina Borders for summary judgment, filed. (cmg) (Entered: 03/10/1995)

March 10, 1995

March 10, 1995

PACER

Terminated document mooting [38-1] motion to proceed in forma pauperis Requested by Thomas Quinn. filing fee having been paid (vah)

Sept. 29, 1995

Sept. 29, 1995

PACER

Terminate Documents

Sept. 29, 1995

Sept. 29, 1995

PACER
49

Judge Mark L. Wolf . Order entered granting [31-1] motion to dismiss of Glenn Sturgeon, Edwin Rodriques, Joanne Carrol-Connor, Michael Murray, Matthew Pittman and Dean Royer, denying [21-1] motion for partial summary judgment, granting [11-1] motion to dismiss, denying [6-1] motion to dismiss for failure to state claim, set amended pleadings due for 2/16/96 . Parties shall file consent to magistrate trial in a timely manner, if no party informs it will be deemed consented to and transferred. cc/cl. (cjn) (Entered: 01/05/1996)

Jan. 4, 1996

Jan. 4, 1996

PACER

Terminated document terminating [48-1] motion for summary judgment, terminating [45-1] motion for appointment of counsel, terminating [42-1] motion to extend time to file motion to dismiss, terminating [41-1] motion for appointment of counsel, terminating [28-1] motion to dismiss amended complaint.. See 1-4-96 Memo. Requested by Zita Lovett. (cjn)

Jan. 10, 1996

Jan. 10, 1996

PACER

Terminate Documents

Jan. 10, 1996

Jan. 10, 1996

PACER
50

Answer by David R. Nelson to complaint; jury demand, filed. c/s. (cjn) (Entered: 02/06/1996)

Feb. 5, 1996

Feb. 5, 1996

PACER
51

Consent to trial by Magistrate by David R. Nelson, filed. c/s. (cjn) (Entered: 02/06/1996)

Feb. 5, 1996

Feb. 5, 1996

PACER
52

Consent to trial by Magistrate by Michelle Kosilek, filed. (cjn) (Entered: 02/23/1996)

Feb. 20, 1996

Feb. 20, 1996

PACER
53

Letter by Michelle Kosilek dated: 2/14/96 to: Clerk re: pending motions filed. c/s. (cjn) (Entered: 02/23/1996)

Feb. 20, 1996

Feb. 20, 1996

PACER

Case reassigned from Judge Wolf to Mag. Judge Zachary R. Karol for all purposes, including trial and entry of final judgment. Notice sent to counsel. (cjn)

Feb. 26, 1996

Feb. 26, 1996

PACER

Order case reassigned to Magistrate Judge for Trial

Feb. 26, 1996

Feb. 26, 1996

PACER
54

Letter by Michelle Kosilek dated: 9/24/96 to: Clerk re: pending filed. (cjn) (Entered: 09/25/1996)

Sept. 24, 1996

Sept. 24, 1996

PACER
55

Letter dated: 2/13/97 to: Ms. Kosilek re: assignment of case filed. (sad) (Entered: 02/20/1997)

Feb. 13, 1997

Feb. 13, 1997

PACER
56

Notice of dismissal for want of prosecution wihout further notice after 30 days, filed. cc/cl (sad) (Entered: 02/09/1998)

Feb. 6, 1998

Feb. 6, 1998

PACER
57

Letter by Michelle Kosilek dated: 2/14/98 to: the Court re: Explanation pursuant to Local Rule 41.1(a)(3), filed. (tmc) (Entered: 02/24/1998)

Feb. 18, 1998

Feb. 18, 1998

PACER
58

Response by David R. Nelson in opposition to [57-1] remark filed. c/s (tmc) (Entered: 03/04/1998)

Feb. 23, 1998

Feb. 23, 1998

PACER
59

Motion by Michelle Kosilek for Hearing, filed. (lau) (Entered: 02/04/1999)

Dec. 28, 1998

Dec. 28, 1998

PACER
60

Response by David R. Nelson in opposition to [59-1] motion for Hearing, filed. (lau) (Entered: 02/04/1999)

Jan. 7, 1999

Jan. 7, 1999

PACER
61

Mag. Judge Zachary R. Karol . Order entered, set status conference for reset to 10:30 3/3/99 . Entered (lau) Modified on 04/15/1999 (Entered: 02/08/1999)

Feb. 5, 1999

Feb. 5, 1999

PACER
62

Response by David R. Nelson in opposition to plaintiff's motion to amend and motion for injunctive relief, filed. (lau) (Entered: 02/23/1999)

Feb. 22, 1999

Feb. 22, 1999

PACER
63

Motion by David R. Nelson to dismiss for lack of prosecution, filed. (lau) (Entered: 02/23/1999)

Feb. 22, 1999

Feb. 22, 1999

PACER
64

Certificate of Consultation re: [63-1] motion to dismiss for lack of prosecution, filed. (lau) (Entered: 02/23/1999)

Feb. 22, 1999

Feb. 22, 1999

PACER
65

Motion by Michelle Kosilek to further amend, filed. (lau) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

PACER
66

Motion by Michelle Kosilek for injunctive relief, filed. (lau) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

PACER
67

Motion by Michelle Kosilek for appointment of counsel, filed. (lau) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

PACER
68

Certificate of service by Michelle Kosilek re: [67-1] motion for appointment of counsel, [66-1] motion for injunctive relief, [65-1] motion to further amend, filed. (lau) (Entered: 02/23/1999)

Feb. 23, 1999

Feb. 23, 1999

PACER

Status conference held . (lau)

March 3, 1999

March 3, 1999

PACER

Status Conference

March 3, 1999

March 3, 1999

PACER

Mag. Judge Zachary R. Karol . Endorsed Order entered granting [65-1] motion to further amend. Entered (lau)

March 4, 1999

March 4, 1999

PACER

Mag. Judge Zachary R. Karol . Endorsed Order entered denying [67-1] motion for appointment of counsel. Entered (lau)

March 4, 1999

March 4, 1999

PACER

Mag. Judge Zachary R. Karol . Endorsed Order entered denying [45-1] motion for appointment of counsel. Entered (lau)

March 4, 1999

March 4, 1999

PACER

Mag. Judge Zachary R. Karol . Endorsed Order entered denying [63-1] motion to dismiss for lack of prosecution. Entered (lau)

March 4, 1999

March 4, 1999

PACER

Description not available

March 4, 1999

March 4, 1999

PACER
69

Mag. Judge Zachary R. Karol. Order entered: Pltf's Motion to Further Amend her Complaint is Allowed. Michael T. Maloney, Comm. of the Mass. Dept of Corrections, having agreed to aceept service, is a Deft in this case from today's date. Deft Maloney shall respond to pltf's amneded complaint, as set for within Pltf's motion to Amend, by way of answer or dispositive motion, on or before 4/16/99. Deft Maloney shall also respond to pltf's Motion for Injunctive Relief (Docket No. 61) on or before 4/16/99. Deft Maloney shall notify the Court as quickly as possible as to wheterh or not he consents to magistrate judge jurisdiction in this case. Deft Nelson's Motion to Dismiss for Lack of Prosecution is Denied. set discovery due for 6/4/99, set dispositive motion filing deadline for 7/9/99, Response to dispositive motions by 8/13/99, motion . (ktb) (Entered: 04/15/1999)

March 4, 1999

March 4, 1999

PACER
100

Motion by Michelle Kosilek for procedural clarification, filed, c/s. (ktb) (Entered: 07/08/1999)

March 30, 1999

March 30, 1999

PACER
131

Motion by Michelle Kosilek for summary judgment with incorporated memorandum of law, And Attachments, filed. (received for docketing 11/23/99) (ktb) (Entered: 11/24/1999)

April 5, 1999

April 5, 1999

PACER
89

Motion by Michael T. Maloney to dismiss the pltf's amended complaint, filed, c/s. (ktb) (Entered: 07/08/1999)

April 16, 1999

April 16, 1999

PACER
90

Memorandum by Michael T. Maloney in support of [89-1] motion to dismiss the pltf's amended complaint, filed. (ktb) (Entered: 07/08/1999)

April 16, 1999

April 16, 1999

PACER
91

Response by Michael T. Maloney in opposition to Pltf's motion for Preliminary injunction, FILED, c/s. (ktb) (Entered: 07/08/1999)

April 16, 1999

April 16, 1999

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Nov. 11, 1992

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prevailing party in another lawsuit

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Massachusetts Department of Corrections (Norfolk), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Goals (e.g., for hiring, admissions)

Issues

General:

Personal injury

LGBTQ+:

LGBTQ+

Discrimination-basis:

Gender identity

Medical/Mental Health:

Mental health care, general

Self-injurious behaviors

Suicide prevention

Type of Facility:

Government-run