Case: Gulley-Fernandez v. Johnson

2:15-cv-00795 | U.S. District Court for the Eastern District of Wisconsin

Filed Date: July 1, 2015

Closed Date: Nov. 1, 2018

Clearinghouse coding complete

Case Summary

The plaintiff is a trans woman who filed her complaint pro se on July 1, 2015, in the United States District Court for the Eastern District of Wisconsin. She named as defendants the Warden and Administrative Captain of the prison she was housed in as well as two of the doctors at the facility. The case was assigned to Judge Lynn Adelman. The plaintiff initially only sought damages, but moved for injunctive relief as well during the litigation. The complaint was styled as a class action and list…

The plaintiff is a trans woman who filed her complaint pro se on July 1, 2015, in the United States District Court for the Eastern District of Wisconsin. She named as defendants the Warden and Administrative Captain of the prison she was housed in as well as two of the doctors at the facility. The case was assigned to Judge Lynn Adelman. The plaintiff initially only sought damages, but moved for injunctive relief as well during the litigation. The complaint was styled as a class action and listed the names of three other plaintiffs on it, but throughout the litigation the court treated them as co-plaintiffs rather than as a class. The issue of class certification was never formally ruled on.

She alleged that in denying to diagnose her with Gender Identity Disorder, prison doctors and administration denied her access to medically necessary gender-affirming treatment in violation of the Eighth Amendment (note: Gender Identity Disorder is no longer used to describe transgender people, the term has been replaced in the DSM with Gender Dysphoria). Her complaint outlined her extensive mental health history, including recurrent self harm and suicide attempts. She attributed her pervasive depression in part to gender dysphoria. She argued that she has repeatedly made her gender identity know to medical staff, and by refusing to diagnose and treat her GID, they acted with deliberate indifference to her serious medical need. She also alleged that they had violated the Prison Rape Elimination Act by housing her near inmates who they knew to be a threat to her safety. Finally, she brought state-law claims for medical malpractice and negligence against her psychologist based on allegations that the doctor ignored her requests for treatment or transfer.

Over the course of the litigation, the plaintiff also filed a motion for diagnostic evaluation, a motion to appoint counsel, and a motion for a John Doe criminal investigation. Both parties also filed motions for summary judgment.

On May 25, 2018, Judge Adelman granted the defendants' motion for summary judgment, denied the plaintiff's motion for summary judgment, and dismissed the case. 2018 WL 2389732. Her decision and order also denied the plaintiff's motion for injunctive relief and all other motions. In June of 2018, the plaintiff filed motions to amend and vacate judgment, which were subsequently denied on Nov 1, 2018.

As of May 31, 2020, there is no update.

Summary Authors

Alex Moody (2/18/2020)

Graham Rotenberg (5/31/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5128365/parties/gulley-fernandez-v-johnson/


Judge(s)

Adelman, Lynn S. (Wisconsin)

Attorney for Defendant

Barber, Timothy M (Wisconsin)

Berg, Samuel T (Wisconsin)

Katt, Christina A (Wisconsin)

Peacock, Ann M. (Wisconsin)

show all people

Documents in the Clearinghouse

Document

2:15-cv-00795

Docket

Gulley−Fernandez v. Johnson

July 8, 2019

July 8, 2019

Docket
1

2:15-cv-00795

Civil Class Action Rights Lawsuit

July 1, 2015

July 1, 2015

Complaint
62

2:15-cv-00795

Comprehensive Amended Civil Rights Amended Complaint

March 31, 2016

March 31, 2016

Complaint
184

2:15-cv-00795

Decision and Order

May 25, 2018

May 25, 2018

Order/Opinion

2018 WL 2018

190

2:15-cv-00795

Order

Nov. 1, 2018

Nov. 1, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5128365/gulley-fernandez-v-johnson/

Last updated April 14, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

PRISONER COMPLAINT with jury demand filed against all Defendants by Carlos D Lindsey, Damien M Griffin, DeAndre Jerome Bernard, Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Certification as to Dismissals − Dominique D Gulley)(tlf)

July 1, 2015

July 1, 2015

2

MOTION for Leave to Proceed in forma pauperis by Dominique DeWayne Gulley−Fernandez. (tlf)

July 1, 2015

July 1, 2015

3

Prisoner Trust Fund Account Statement by Dominique DeWayne Gulley−Fernandez. (tlf)

July 1, 2015

July 1, 2015

4

LETTER from the Clerk to all Plaintiffs. Plaintiffs Griffin, Lindsey, and Bernard are directed to submit either the filing fee or IFP/Trust Account Statement and the consent/refusal form for Magistrate Judge Nancy Joseph within 21 days. Plaintiff Gulley−Fernandez is directed to submit the consent/refusal form within 21 days. (tlf)

July 1, 2015

July 1, 2015

5

LETTER from the Clerk to all Plaintiffs regarding the Prisoner E−Filing Program. (cc: All Counsel) (Attachments: # 1 Prisoner E−Filing Information Packet)(tlf)

July 1, 2015

July 1, 2015

6

CONSENT to Jurisdiction by US Magistrate Judge by Dominique DeWayne Gulley−Fernandez. (tlf)

July 6, 2015

July 6, 2015

7

AFFIDAVIT and MOTION for Injunction Hearing, MOTION for Temporary Restraining Order by Damien M Griffin. (tlf)

July 6, 2015

July 6, 2015

8

MOTION for Leave to Proceed in forma pauperis by Damien M Griffin. (tlf)

July 6, 2015

July 6, 2015

9

ORDER signed by Judge Rudolph T. Randa on 7/7/2015. Pursuant to 28 U.S.C. § 1915(b)(4) plaintiff not required to pay initial partial filing fee. Plaintiff to notify the Court by 7/28/2015 if he wishes to voluntarily dismiss to avoid incurring strike; upon expiration of that time the Court will determine whether action can continue in forma pauperis. (cc: all counsel, via mail to Dominique Gulley-Fernandez and Warden at Wisconsin Secure Program Facility)(cb)

July 7, 2015

July 7, 2015

RECAP
10

LETTER from Dominique DeWayne Gulley−Fernandez regarding 9 Order. (Attachments: # 1 Clerk's Response Letter)(tlf)

July 8, 2015

July 8, 2015

11

LETTER from Dominique DeWayne Gulley−Fernandez providing additional information regarding this case. Plaintiff requests appointment of counsel and dismissal of co−defendants Barnard and Lindsey if they do not comply with 4 Letter from the Clerk. Plaintiff additionally requests a preliminary injunction hearing and a

July 8, 2015

July 8, 2015

13

MOTION for Leave to Proceed in forma pauperis by Carlos D Lindsey. (tlf)

July 9, 2015

July 9, 2015

14

MOTION to Change Venue by Dominique DeWayne Gulley−Fernandez on behalf of all plaintiffs. (aw)

July 10, 2015

July 10, 2015

15

MOTION for Order Referring Case to Magistrate Judge Nancy Joseph for Mediation filed by Dominique DeWayne Gulley−Fernandez on behalf of all plaintiffs. (tlf)

July 13, 2015

July 13, 2015

16

MOTION for Video/Telephone Settlement Conference, MOTION for Judgment Award of $30,000, MOTION for Preliminary Injunction, MOTION to Waive the Filing Fee and any Initial Partial Filing Fees, and, alternatively, MOTION to Transfer Case to USDC−Western District of Wisconsin if the court denies all requested relief. Filed by Dominique DeWayne Gulley−Fernandez on behalf of all plaintiffs. (tlf)

July 13, 2015

July 13, 2015

17

MOTION for Temporary Restraining Order and/or MOTION for Immediate Injunction Hearing by Dominique DeWayne Gulley−Fernandez. (tlf) (Entered: 07/22/2015)

July 21, 2015

July 21, 2015

18

AFFIDAVIT of Dominique DeWayne Gulley−Fernandez. (tlf) (Entered: 07/22/2015)

July 21, 2015

July 21, 2015

19

ORDER signed by Judge Rudolph T. Randa on 7/31/2015. Plaintiffs Griffin and Bernard each to submit petition to proceed in forma pauperis and 6-month trust account statement by 8/17/2015; Plaintiff Lindsey to submit 6-month trust account statement by 8/17/2015. Failure to file by stated deadline will result in dismissal from this action. (cc: all counsel, via mail to Warden, Damien Griffin, Carlos Lindsey at Wisconsin Secure Program Facility; Warden, Deandre Bernard at Green Bay Correctional Institution)(cb)

July 31, 2015

July 31, 2015

RECAP
20

AFFIDAVIT and MOTION for Injunction Hearing, MOTION for Temporary Restraining Order by Damien M Griffin. (tlf)

Aug. 6, 2015

Aug. 6, 2015

21

MOTION for Leave to Proceed in forma pauperis by Damien M Griffin. (tlf)

Aug. 6, 2015

Aug. 6, 2015

22

MOTION to Dismiss Co−Plaintiff DeAndre Jerome Bernard by Damien M Griffin, Dominique DeWayne Gulley−Fernandez, Carlos D Lindsey. (tlf)

Aug. 7, 2015

Aug. 7, 2015

23

Prisoner Trust Fund Account Statement by Carlos D Lindsey. (tlf)

Aug. 12, 2015

Aug. 12, 2015

24

ORDER signed by Judge Rudolph T. Randa on 8/14/2015. Pursuant to 28 U.S.C. § 1915(b)(4) plaintiff not required to pay initial partial filing fee. Plaintiff to notify the Court by 9/4/2015 if he wishes to voluntarily dismiss to avoid incurring strike; upon expiration of that time the Court will determine whether action can continue in forma pauperis. (cc: all counsel, via mail to Carlos Lindsey at Wisconsin Secure Program Facility)(cb) (Entered: 08/17/2015)

Aug. 14, 2015

Aug. 14, 2015

25

ORDER signed by Judge Rudolph T. Randa on 8/26/2015. 22 Plaintiffs' MOTION to Dismiss Party GRANTED; Plaintiff DeAndre Jerome Bernard DISMISSED from this action. By 9/11/2015 Plaintiff Griffin to submit 6−month trust account statement or give reason why he can't submit it; failure to comply by stated date will result in Griffin's dismissal from this action. (cc: all counsel, via mail to Gulley−Fernandez, Griffin, Lindsey and Bernard)(cb) (Entered: 08/27/2015)

Aug. 26, 2015

Aug. 26, 2015

26

Prisoner Trust Fund Account Statement by Damien M Griffin. (tlf)

Aug. 27, 2015

Aug. 27, 2015

27

ORDER signed by Judge Rudolph T Randa on 8/31/2015. Pursuant to 28 U.S.C. § 1915(b)(4) Griffin not required to pay initial partial filing fee. Griffin to notify the Court by 9/21/2015 if he wishes to voluntarily dismiss to avoid incurring strike; upon expiration of that time the Court will determine whether action can continue in forma pauperis. (cc: all counsel, via mail to Damien Griffin and Warden at Wisconsin Secure Program Facility. (cb)

Aug. 31, 2015

Aug. 31, 2015

29

Copy of Second LETTER from Dominique DeWayne Gulley−Fernandez to Dr Gary Ankarlo. (tlf) (Entered: 09/09/2015)

Sept. 8, 2015

Sept. 8, 2015

30

LETTER from Dominique DeWayne Gulley−Fernandez demanding that the Judge issue an order to try to settle this case. The plaintiff and co−plaintiffs are demanding a summary judgment and money judgment be entered in their favor. (tlf)

Sept. 16, 2015

Sept. 16, 2015

NOTICE of Change of Address as to Damien M Griffin to GBCI per 30 Letter; verified on WI DOC Inmate Locator. (tlf)

Sept. 16, 2015

Sept. 16, 2015

31

Copy of LETTER to Mark Heise, Director of Bureau of Classification and Movement, from Dominique DeWayne Gulley−Fernandez. (tlf)

Sept. 25, 2015

Sept. 25, 2015

32

Copy of LETTER to Catherine A Jess from Dominique DeWayne Gulley−Fernandez (Exhibit A1 for Cases 15cv995 and 15cv795). (tlf)

Sept. 25, 2015

Sept. 25, 2015

33

NOTICE of Change of Address as to Carlos D Lindsey to the Wisconsin Resource Center. (blr)

Oct. 2, 2015

Oct. 2, 2015

34

REQUEST by all Plaintiffs that free copies of all legal documents filed in Case 15−C−795 and Case 15−C−995 be provided to non−party Juan Quentin Ward at GBCI, who will be assisting plaintiffs with these cases. Plaintiffs advise that the correct name for defendant "Tanya Sebranek" is "Tori Sebranek". (tlf)

Oct. 8, 2015

Oct. 8, 2015

35

LETTER from Dominique DeWayne Gulley−Fernandez requesting the court to explain why it has not responded to the complaint and asking whether or not plaintiffs will be allowed to proceed with their claims. (tlf)

Nov. 5, 2015

Nov. 5, 2015

36

ORDER signed by Judge Rudolph T. Randa on 12/1/2015. 2 Gulley-Fernandez's MOTION for Leave to Proceed in forma pauperis GRANTED. 7 20 Griffin's MOTIONS for Injunction Hearing/Temporary Restraining Order DENIED. 8 Griffin's MOTIO N for Leave to Proceed in forma pauperis GRANTED. 13 Lindsey's MOTION for Leave to Proceed in forma pauperis GRANTED. 14 Gulley-Fernandez's MOTION to Change Venue DENIED. 15 Gulley-Fernandez's MOTION for Order Referring Case for Mediation DENIED. 16 Gulley-Fernandez's MOTION for Settlement Conference/Judgment Award of $30,000/Preliminary Injunction/Waiver of Filing Fee/Transfer of Case DENIED. 17 Gulley-Fernandez's MOTION for Temporary Restraining Order/In junction Hearing DENIED. 21 Griffin's MOTION for Leave to Proceed in forma pauperis DENIED as moot. On or before 1/4/2016 plaintiffs to inform Court if they want to proceed jointly in this case. Wis. Dept. of Corrections to collect $350 balance of filing fee from each plaintiff's prison trust account. (cc: all counsel, via mail to plaintiffs(with prisoner complaint form), Wardens Wisconsin Secure Program Facility, Green Bay Correctional Institution)(cb)

Dec. 1, 2015

Dec. 1, 2015

RECAP
37

MOTION for Extension of Time to File Amended Complaint by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Exhibits (with bookmarks))(tlf)

Dec. 14, 2015

Dec. 14, 2015

38

MOTION for Extension of Time by Damien M Griffin. (mec)

Dec. 29, 2015

Dec. 29, 2015

39

AMENDED COMPLAINT with Jury Demand against Gary Ankarlo, Gary Boughton, David Gardner, Stacey Hoem, Tracy Johnson, Kevin Kallas, Christa K Morrison filed by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Exhibits 1−3 (with bookmarks))(tlf)

Jan. 4, 2016

Jan. 4, 2016

40

Copy of LETTER from Dominique DeWayne Gulley−Fernandez to Jason Benzel re transfer to another maximum or medium facility, with attached exhibits (with bookmarks). (tlf)

Jan. 19, 2016

Jan. 19, 2016

41

NOTICE of Voluntary Dismissal by Damien M Griffin; Party Damien M Griffin dismissed from case. (tlf)

Jan. 21, 2016

Jan. 21, 2016

43

ORDER signed by Judge Rudolph T. Randa on 1/29/2016. 37 Gulley-Fernandez's MOTION for Extension of Time to File Amended Complaint DENIED as moot. 38 Griffin's MOTION for Extension of Time DENIED as moot. Plaintiff Carlos D. Lindsey DISM ISSED from case. 39 Amended Complaint is operative complaint in this action. Defendants to file responsive pleading within 60 days. (cc: all counsel, via mail to Dominique Gulley-Fernandez and Carlos Lindsey at Wisconsin Secure Program Facility)(cb)

Jan. 29, 2016

Jan. 29, 2016

RECAP
42

PROPOSED AMENDED COMPLAINT against David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek filed by Dominique DeWayne Gulley−Fernandez.(tlf) Modified on 2/2/2016 (blr).

Feb. 1, 2016

Feb. 1, 2016

44

MOTION to Dismiss Defendants David Gardner and Gary Boughton by Dominique DeWayne Gulley−Fernandez. (tlf)

Feb. 4, 2016

Feb. 4, 2016

45

LETTER from Dominique DeWayne Gulley−Fernandez requesting copies of docket sheets and that the Court issue a Scheduling Order and deadlines for Case 15−C−995. (Attachments: # 1 Clerk's Response Letter; docket sheets mailed to plaintiff)(tlf)

Feb. 10, 2016

Feb. 10, 2016

46

MOTION to Appoint Counsel by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Ex 14−16 (with bookmarks))(tlf)

Feb. 11, 2016

Feb. 11, 2016

47

ACCEPTANCE OF SERVICE BY DOJ as to Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek (Schmelzer, Jody)

Feb. 15, 2016

Feb. 15, 2016

48

NOTICE of Appearance by Jody J Schmelzer on behalf of Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek. Attorney(s) appearing: Jody J. Schmelzer (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)

Feb. 15, 2016

Feb. 15, 2016

49

Refusal to Jurisdiction by US Magistrate Judge by Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek. (Schmelzer, Jody)

Feb. 15, 2016

Feb. 15, 2016

50

MOTION for Diagnostic Evaluation by an Independent Licensed Psychologist and Psychiatrist by Dominique DeWayne Gulley−Fernandez. (tlf) (Entered: 02/17/2016)

Feb. 16, 2016

Feb. 16, 2016

51

MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction and BRIEF IN SUPPORT by Dominique DeWayne Gulley−Fernandez. (tlf) (Entered: 02/23/2016)

Feb. 22, 2016

Feb. 22, 2016

52

CERTIFICATION as to Three or More Dismissals as to Dominique DeWayne Gulley−Fernandez. (tlf)

March 8, 2016

March 8, 2016

53

MOTION to Consolidate Cases Pursuant to Rule 42(a) by Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek. (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)

March 10, 2016

March 10, 2016

54

RESPONSE to Motion filed by Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek re 51 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 50 MOTION for Diagnostic Evaluation by an Independent Licensed Psychologist and Psychiatrist . (Schmelzer, Jody)

March 10, 2016

March 10, 2016

55

MOTION to Consolidate Cases and MOTION to Mediate Cases with Defendants by Dominique DeWayne Gulley−Fernandez. (tlf)

March 14, 2016

March 14, 2016

56

Order Consolidating Cases signed by Judge Rudolph T. Randa on 3/21/2016. 44 Plaintiff's MOTION to Dismiss Party GRANTED; Defendants Gary Boughton and David Gardner DISMISSED. 46 Plaintiff's MOTION to Appoint Counsel DENIED. 50 Plainti ff's MOTION for Diagnostic Evaluation DENIED. 51 Plaintiff's MOTION for Temporary Restraining Order/Preliminary Injunction DENIED. 53 Defendants' MOTION to Consolidate Cases and 55 Plaintiff's MOTION to Consolidate Cases GRA NTED; Case Nos. 15-C-795 and 15-C-995 CONSOLIDATED; All future filings to be made in 15-C-795. 55 Plaintiff's MOTION to Mediate Cases DENIED without prejudice. Plaintiff to file comprehensive amended complaint by 4/22/2016. (cc: all counsel, via mail to Dominique Gulley Fernandez at Wisconsin Secure Program Facility)(cb)

March 21, 2016

March 21, 2016

RECAP
57

AMENDED COMPLAINT with Jury Demand against Gary Ankarlo, Gary Boughton, Bureau of Health Services, David Gardner, Tracy Johnson, Kevin Kallas, Christa K Morrison, Daniel Winkleski, and Wisconsin Department of Corrections filed by

March 24, 2016

March 24, 2016

59

DECLARATION of Dominique DeWayne Gulley−Fernandez authorizing J Quentin C Ward to act on his behalf. (tlf)

March 24, 2016

March 24, 2016

60

DISCOVERY DOCUMENTS. Interrogatories to Defendants by Dominique DeWayne Gulley−Fernandez and other discovery requests filed as attachments. (Attachments: # 1 Request for Production of Documents, # 2 Request for Admissions)(tlf)

March 24, 2016

March 24, 2016

61

ANSWER to 39 Amended Complaint, with Jury Demand by Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek. (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)

March 29, 2016

March 29, 2016

62

COMPREHENSIVE AMENDED COMPLAINT with jury demand against Gary Ankarlo, Gary Boughton, Bureau of Health Services, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Cynthia S Osborne, and Torria Van Buren filed by Dominique DeWayne Gulley−Fernandez.(tlf)

March 31, 2016

March 31, 2016

63

NOTICE of Appearance Substitution by Laure C Rakvic−Farr on behalf of Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Cynthia S Osborne, Torria Van Buren. Attorney(s) appearing: Laure Rakvic−Farr (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure) Modified on 4/14/2016 (blr).

April 14, 2016

April 14, 2016

64

MOTION to Stay Discovery Pending Entry of the Court's Screening Order by Gary Ankarlo, Gary Boughton, David Gardner, Troy Hermans, Tracy Johnson, Kevin Kallas, Christa K Morrison. (Rakvic−Farr, Laure)

April 14, 2016

April 14, 2016

65

MOTION for Mediation by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Cover Letter)(tp)

April 18, 2016

April 18, 2016

66

MOTION to allow use of US Mail rather than only e−filing documents by Dominique DeWayne Gulley−Fernandez. (tp)

April 18, 2016

April 18, 2016

67

MOTION for Temporary Restraining Order and MOTION for Injunctive Relief by Dominique DeWayne Gulley−Fernandez. (tp)

April 18, 2016

April 18, 2016

68

EXHIBITS (with bookmarks) by Dominique DeWayne Gulley−Fernandez. (tlf)

April 19, 2016

April 19, 2016

69

RESPONSE to Defendants' Response to Interrogatories by Dominique DeWayne Gulley−Fernandez (tlf)

April 22, 2016

April 22, 2016

70

EXHIBITS (with bookmarks) by Dominique DeWayne Gulley−Fernandez. (tlf)

April 26, 2016

April 26, 2016

71

ORDER signed by Judge Pamela Pepper for Judge Rudolph T. Randa on 4/29/2016. Defendant Bureau of Health Services, Inc. DISMISSED. Defendants Haines, Dawson, Landers, Van Buren, Morrison, Osborne and Hermans to file responsive pleading within 60 days. Defendants Johnson, Ankarlo, Gardner, Boughton, and Kallas to file responsive pleading within 30 days. (cc: all counsel, via mail to Dominique Gulley-Fernandez at Wisconsin Secure Program Facility)(cb)

April 29, 2016

April 29, 2016

RECAP
72

Copies of LETTERS from Dominique DeWayne Gulley−Fernandez to Peter J Quinn and Anita M Sorensen re pro bono representation. (tlf)

May 2, 2016

May 2, 2016

73

MOTION for Summary Judgment by Dominique DeWayne Gulley−Fernandez. (tlf)

May 2, 2016

May 2, 2016

74

MOTION to Strike Plaintiff's Motion for Summary Judgment (Dkt. 73) by Gary Ankarlo, Gary Boughton, David Gardner, Troy Hermans, Tracy Johnson, Kevin Kallas, Christa K Morrison. (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)

May 10, 2016

May 10, 2016

75

RESPONSE to Motion filed by Gary Ankarlo, Gary Boughton, David Gardner, Troy Hermans, Tracy Johnson, Kevin Kallas, Christa K Morrison re 66 MOTION to allow Mail rather than only e−filing documents, 67 MOTION for Temporary Restraining Order MOTION for Relief, 65 MOTION for Relief . (Rakvic−Farr, Laure)

May 10, 2016

May 10, 2016

77

MOTION to Dismiss lead Case 15−CV−795 and Proceed with 15−CV− 995 by Dominique DeWayne Gulley−Fernandez. (tp)

May 12, 2016

May 12, 2016

78

RESPONSE to Motion filed by Gary Ankarlo, Tracy Johnson, Kevin Kallas, Christa K Morrison re 77 MOTION to Dismiss . (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)

May 16, 2016

May 16, 2016

79

STRICKEN pursuant to 87 PROPOSED Amended Complaint filed by Dominique DeWayne Gulley−Fernandez. (tp) Modified on 6/6/2016 (blr).

May 19, 2016

May 19, 2016

80

STRICKEN pursuant to 87 PROPOSED AMENDED COMPLAINT filed by Dominique DeWayne Gulley−Fernandez. (tp) Modified on 6/6/2016 (blr).

May 20, 2016

May 20, 2016

81

MOTION to Strike Plaintiff's Proposed Amended Complaint (Dkt. 79) , MOTION to Stay Defendants' Obligation to Respond to Any Further Pleadings, Motions, and Discovery Until Such Time As Plaintiff's Pleadings Are In Final Form by Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren. (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)

May 23, 2016

May 23, 2016

82

ANSWER to 62 Amended Complaint, with Jury Demand by Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren.(Rakvic−Farr, Laure)

May 23, 2016

May 23, 2016

83

ACCEPTANCE OF SERVICE BY DOJ as to Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren (Rakvic−Farr, Laure)

May 23, 2016

May 23, 2016

84

SERVICE CANCELLED pursuant to 84 TRANSMIT 62 Amended Complaint, 71 Order, Notice, Waiver and Consent Form to USMS for service upon defendant Cynthia S. Osborne. (blr) Modified on 5/26/2016 (blr).

May 24, 2016

May 24, 2016

85

ACCEPTANCE OF SERVICE BY DOJ as to Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Cynthia S Osborne, Torria Van Buren (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)

May 26, 2016

May 26, 2016

86

MOTION to Quash, MOTION to Strike by Dominique DeWayne Gulley−Fernandez. (tp). Added MOTION to Strike on 5/27/2016 (blr).

May 26, 2016

May 26, 2016

87

ORDER signed by Judge Rudolph T. Randa on 6/3/2016. 64 Defendants' MOTION to Stay Discovery Pending Entry of the Court's Screening Order DENIED as moot. 65 Plaintiff's MOTION for Mediation DENIED. 66 Plaintiff's MOTIO N to allow Mail rather than only e-filing documents DENIED. 67 Plaintiff's MOTION for Temporary Restraining Order/MOTION for Injunctive Relief DENIED. 73 Plaintiff's MOTION for Summary Judgment DENIED. 74 Defendants' MOTION to St rike Plaintiff's Motion for Summary Judgment DENIED as moot. 77 Plaintiff's MOTION to Dismiss Lead Case and Proceed with 15-C-995 DENIED without prejudice; if Plaintiff wants to dismiss claims and/or defendants, he should do so wit hin 10 days. 81 Defendants' MOTION to Strike Plaintiff's Proposed Amended Complaint/MOTION to Stay GRANTED; Plaintiff's amended complaints 79 80 STRICKEN. 86 Plaintiff's MOTION to Quash/MOTION to Strike DENIED. (cc: all counsel, via mail to Dominique Gulley-Fernandez at Wisconsin Secure Program Facility)(cb)

June 3, 2016

June 3, 2016

RECAP
88

MOTION for Entry of a Scheduling Order and MOTION for Preliminary Injunction by Dominique DeWayne Gulley−Fernandez. (tlf)

June 7, 2016

June 7, 2016

89

NOTICE of Appearance by Christina A Katt on behalf of Cynthia S Osborne. Attorney(s) appearing: Christina A. Katt (Katt, Christina)

June 7, 2016

June 7, 2016

90

MOTION to allow Plaintiff to proceed on his Comprehensive Amended Complaint by Dominique DeWayne Gulley−Fernandez. (tlf)

June 14, 2016

June 14, 2016

91

ORDER signed by Judge Rudolph T. Randa on 6/20/2016. 88 Plaintiff's MOTION for Scheduling Order GRANTED. 88 Plaintiff's MOTION for Preliminary Injunction DENIED. 90 Plaintiff's MOTION to proceed on his Comprehensive Amended Complaint GRANTED; ECF No. 62 is now operative complaint in this action. (cc: all counsel, via mail to Dominique Gulley-Fernandez at Wisconsin Secure Program Facility)(cb)

June 20, 2016

June 20, 2016

RECAP
92

SCHEDULING ORDER signed by Judge Rudolph T. Randa on 6/20/2016. Discovery due 9/19/2016; Dispositive Motions due 10/21/2016. (cc: all counsel, via mail to Dominique Gulley−Fernandez at Wisconsin Secure Program Facility)(cb)

June 20, 2016

June 20, 2016

93

RESPONSE filed by Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Cynthia S Osborne, Torria Van Buren re 91 Order, Terminate Motions,, (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)

June 22, 2016

June 22, 2016

94

COPY OF Dept of Corrections DOCUMENTS regarding legal loan extension. (blr) (Entered: 06/28/2016)

June 27, 2016

June 27, 2016

95

MOTION to Dismiss by Cynthia S Osborne. (Katt, Christina)

June 28, 2016

June 28, 2016

96

BRIEF in Support filed by Cynthia S Osborne re 95 MOTION to Dismiss . (Katt, Christina)

June 28, 2016

June 28, 2016

97

MOTION to Appoint Counsel by Dominique DeWayne Gulley−Fernandez. (tlf)

July 6, 2016

July 6, 2016

98

MOTION to Substitute Judge by Dominique DeWayne Gulley−Fernandez. (tlf)

July 6, 2016

July 6, 2016

99

DECLARATION of Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Ex 001 Discharge Summary)(tlf)

July 14, 2016

July 14, 2016

100

DECLARATION of Dominique DeWayne Gulley−Fernandez. (tlf)

July 15, 2016

July 15, 2016

101

NOTICE of Appearance by Samuel T Berg on behalf of Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Cynthia S Osborne, Torria Van Buren. Attorney(s) appearing: Samuel T. Berg (Attachments: # 1 Certificate of Service)(Berg, Samuel)

July 19, 2016

July 19, 2016

102

AMENDED NOTICE of Appearance by Samuel T Berg on behalf of Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren. Attorney(s) appearing: Samuel T. Berg (Attachments: # 1 Certificate of Service)(Berg, Samuel) Modified on 7/20/2016 (jcl).

July 20, 2016

July 20, 2016

103

REPLY BRIEF in Support filed by Cynthia S Osborne re 95 MOTION to Dismiss . (Attachments: # 1 Certificate of Service)(Katt, Christina)

July 28, 2016

July 28, 2016

Case Details

State / Territory: Wisconsin

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Transgender Healthcare Access Cases

Key Dates

Filing Date: July 1, 2015

Closing Date: Nov. 1, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A trans woman incarcerated in Wisconsin who has been denied a diagnosis of GID and gender affirming treatment.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Wisconsin Secure Program Facility (Boscobel, Grant), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 0

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Prison Rape Elimination Act

LGBTQ+:

LGBTQ+

Discrimination-basis:

Gender identity

Type of Facility:

Government-run