Case: Goninan v. Wash. Dep't of Corrections

3:17-cv-05714 | U.S. District Court for the Western District of Washington

Filed Date: Oct. 27, 2017

Case Ongoing

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Case Summary

The plaintiff was a trans woman housed in a men's prison in Washington State. She filed this suit pro se on September 5, 2017, but later became represented by the ACLU. In the most recent complaint, the named defendants were the Secretary of Washington Department of Correction, the Chief Medical Officer for DOC, the Chief of Psychiatry for DOC, and the Director of Mental Health for DOC in their official capacities. The case was assigned to Judge Benjamin H. Settle in the District Court for the …

The plaintiff alleged that the failure of prison administration to provide her with medically necessary gender affirming treatment amounts to a violation of her rights under the Eighth and Fourteenth Amendments to the U.S. Constitution. She requested injunctive relief requiring the defendants to provide her with adequate transition related care, to give her access to clothing and hygiene products consistent with her gender identity, and to transfer her to a women's facility.

While incarcerated, prison staff and administration denied the plaintiff access to transition-related care consistent with the WPATH standards. Due to a blanket DOC policy, the plaintiff had no access to surgical intervention despite medical necessity and her repeated requests. The prison employed a gender dysphoria consultant who supported the blanket ban on gender affirming surgery, however his guidance had been dismissed by courts in several lawsuits for being inconsistent with norms in the field and the WPATH standards. The plaintiff had also faced harassment from staff for her gender presentation, including verbal abuse and extensive time in solitary confinement.

Over the course of discovery, the plaintiff withdrew her request for a temporary restraining order and preliminary injunction to make room for a motion on partial summary judgment that she filed on May 18, 2018. The plaintiff also sought sanctions against the defendants for allowing a doctor to ask questions of the plaintiff during a psychological evaluation, but this motion was denied on September 26, 2018. Judge Settle stated that, while the questions were inappropriate, the defendants did not direct the doctor to ask the questions, and there would be no further need for sanctions, since the psychological evaluation is complete.

On January 4, 2019, Judge Settle issued an opinion denying the plaintiff's motion for partial summary judgment, holding that the DOC policy regarding medical treatment for trans inmates was not unconstitutional on its face. On that date, he referred the matter to Magistrate Judge Richard Creatura. On April 15. 2019, in response, the ACLU amended the complaint.

During discovery under the amended complaint, the parties came to an agreement. This settlement agreement would allow the plaintiff to receive gender reassignment surgery if a medical examiner deemed it medically necessary. The plaintiff presented this settlement on March 20, 2020 through a motion to stay proceedings for 180 days in order to allow the settlement agreement to take place. Magistrate Judge Creatura approved the stay, and will check back in with the parties on September 9, 2020.

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Summary Authors

Alex Moody (2/16/2020)

Ellen Aldin (5/26/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6269476/parties/goninan-v-sinclair/

Judge(s)

Creatura, John Richard (Washington)

Attorney for Plaintiff

Balson, Hank L. (Washington)

Byers, Benjamin C. (Washington)

Davis, Antoinette Marie (Washington)

Attorney for Defendant

Dibble, Candie M. (Washington)

Judge(s)

Creatura, John Richard (Washington)

Settle, Benjamin Hale (Washington)

Attorney for Plaintiff

Balson, Hank L. (Washington)

Byers, Benjamin C. (Washington)

Davis, Antoinette Marie (Washington)

Edwards, David B. (Washington)

Markosova, Kristina (Washington)

Attorney for Defendant

Dibble, Candie M. (Washington)

Hunter, Ramona Noel (Washington)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:17-cv-05714	Docket [PACER] Goninan v. Sinclair	March 16, 2020	March 16, 2020 Docket
8 3:17-cv-05714	Exhibit 11 of the Complaint Goninan v. Washington Department of Corrections	Oct. 27, 2017	Oct. 27, 2017 Complaint
8 3:17-cv-05714	Complaint Goninan v. Washington Department of Corrections	Oct. 27, 2017	Oct. 27, 2017 Complaint
8 3:17-cv-05714	Exhibit 8 of the Complaint Goninan v. Washington Department of Corrections	Oct. 27, 2017	Oct. 27, 2017 Complaint
8 3:17-cv-05714	Exhibits 1 through 7 of the Complaint Goninan v. Washington Department of Corrections	Oct. 27, 2017	Oct. 27, 2017 Complaint
8 3:17-cv-05714	Exhibit 12 of the Complaint Goninan v. Washington Department of Corrections	Oct. 27, 2017	Oct. 27, 2017 Complaint
8 3:17-cv-05714	Exhibits 9 and 10 of the Complaint Goninan v. Washington Department of Corrections	Oct. 27, 2017	Oct. 27, 2017 Complaint
71 3:17-cv-05714	Report and Recommendation Goninan v. Washington Department of Corrections	Aug. 15, 2018	Aug. 15, 2018 Magistrate Report/Recommendation
77 3:17-cv-05714	Plaintiff's Motion for Reconsideration Goninan v. Washington Department of Corrections	Aug. 24, 2018	Aug. 24, 2018 Pleading / Motion / Brief
82 3:17-cv-05714	Order Denying Protective Order and Denying Sanctions Goninan v. Washington Department of Corrections	Sept. 26, 2018	Sept. 26, 2018 Order/Opinion 2018 WL 2018

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Resources

Title	Description		External URL Date / External URL
Fact Sheet: Protecting and Advancing Health Care for Transgender Adult Communities Caroline Medina	New data and analysis reveal important health disparities and barriers to care for transgender adults and what can be done to address these issues.	Aug. 25, 2021	Aug. 25, 2021 https://www.americanprogress.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6269476/goninan-v-sinclair/

Last updated April 21, 2024, 3:07 a.m.

ECF Number	Description	Date	Link Date / Link
22	ORDER that Plaintiff's 9 MOTION for Temporary Restraining Order and Preliminary Injunction; 10 MOTION to Appoint Counsel; 11 MOTION to file without first exhausting administrative remedies, 19 MOTION for Oral Arguments, and 20 Secon d MOTION for oral arguments are re-noted to 12/15/2017. Defendants are directed to respond to the substantive aspects of the above noted motions on or before 12/11/17. Signed by Magistrate Judge J Richard Creatura. 2 PAGE(S), PRINT ALL(Nathan Goninan, Prisoner ID: 869663)(CMG)	Nov. 22, 2017	Nov. 22, 2017 RECAP
34	ORDER denying 10 Motion to Appoint Counsel ; granting 11 Motion to proceed without exhausting remedies; and denying 19 Motion for Oral Argument. Signed by Magistrate Judge J Richard Creatura.4 PAGE(S), PRINT ALL(Nathan Goninan, Prisoner ID: 869663)(CMG)	Jan. 9, 2018	Jan. 9, 2018 RECAP
35	ORDER directing defendants to respond to plaintiff's surreply and the attached exhibits by 2/9/18. Defendants should address what, if any, changes this filing makes to the argument presented in their response (Dkt. 27) and what changes, if any, have occurred in plaintiff's treatment plan. The Clerk is directed to RE-NOTE plaintiff's 9 MOTION for Temporary Restraining Order and Preliminary Injunction and 20 MOTION for Oral Argument to 2/9/2018. Signed by Magistrate Judge J Richard Creatura. 3 PAGE(S), PRINT ALL(Nathan Goninan, Prisoner ID: 869663)(CMG)	Jan. 9, 2018	Jan. 9, 2018 RECAP
43	ORDER directing the parties to file a clarification, indicating which deadlines the parties have stipulated to stay, on or before February 23, 2018. Signed by Magistrate Judge J Richard Creatura. (CMG)	Feb. 15, 2018	Feb. 15, 2018 RECAP
45	ORDER granting 39 Stipulated Motion. This action is stayed until 4/13/18. The Clerk is directed to terminate all pending motions (Dkts. 9 , 20 , 36 ) until the stay expires and the Court orders those motions to be renoted. Signed by Magistrate Judge J Richard Creatura.(CMG)	Feb. 23, 2018	Feb. 23, 2018 RECAP
55	Reply to Response to Motion	May 11, 2018	May 11, 2018 PACER
56	Declaration 1 Exhibit A View on PACER	May 11, 2018	May 11, 2018 PACER
57	Order to Re-Note Motion	May 22, 2018	May 22, 2018 PACER
58	Notice to Withdraw Pending Motion	May 30, 2018	May 30, 2018 PACER
59	Supplement	June 5, 2018	June 5, 2018 PACER
60	ORDER that Defendants will file supplemental briefing on or before July 13, 2018. SEE ORDER FOR DETAILS ON BRIEFING Plaintiff may file a supplemental reply on or before July 27, 2018. The Clerk is directed to renote plaintiff's 48 motion for partial summary judgment to 7/27/2018. Signed by Magistrate Judge J Richard Creatura. (CMG)	June 14, 2018	June 14, 2018 RECAP
61	Response to Motion	July 2, 2018	July 2, 2018 PACER
62	Declaration 1 Exhibit A View on PACER	July 2, 2018	July 2, 2018 PACER
63	Reply to Response to Motion	July 27, 2018	July 27, 2018 PACER
64	Declaration 1 Exhibit A View on PACER	July 27, 2018	July 27, 2018 PACER
65	Declaration	July 27, 2018	July 27, 2018 PACER
66	Declaration	July 27, 2018	July 27, 2018 PACER
67	Sanctions 1 Proposed Order on Plaintiff's Motion for Protective Order and For Sanctions View on PACER	Aug. 2, 2018	Aug. 2, 2018 PACER
68	Declaration 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER	Aug. 3, 2018	Aug. 3, 2018 PACER
69	Declaration	Aug. 3, 2018	Aug. 3, 2018 PACER
70	Declaration	Aug. 7, 2018	Aug. 7, 2018 PACER
71	Report and Recommendations	Aug. 16, 2018	Aug. 16, 2018 PACER
72	Joint Status Report	Aug. 17, 2018	Aug. 17, 2018 PACER
73	Response to Motion	Aug. 20, 2018	Aug. 20, 2018 PACER
74	Declaration	Aug. 20, 2018	Aug. 20, 2018 PACER
75	Declaration 1 Exhibit A View on PACER	Aug. 20, 2018	Aug. 20, 2018 PACER
76	Reply to Response to Motion	Aug. 24, 2018	Aug. 24, 2018 PACER
77	Reconsideration 1 Proposed Order on Plaintiff's Motion for Reconsideration View on PACER	Aug. 24, 2018	Aug. 24, 2018 PACER
78	Order on Motion for Reconsideration	Aug. 29, 2018	Aug. 29, 2018 PACER
79	Objections to Report and Recommendation 1 Proposed Order on Plaintiff's Objections to Report and Recommendation View on PACER	Aug. 30, 2018	Aug. 30, 2018 PACER
80	Response to Objections to R&R	Sept. 13, 2018	Sept. 13, 2018 PACER
81	Declaration	Sept. 13, 2018	Sept. 13, 2018 PACER
82	ORDER denying 67 Motion for Sanctions and for Protective Order signed by Magistrate Judge J Richard Creatura. (GMR)	Sept. 26, 2018	Sept. 26, 2018 RECAP
83	Scheduling Order	Sept. 27, 2018	Sept. 27, 2018 PACER
84	Notice of Withdrawal of Counsel	Oct. 12, 2018	Oct. 12, 2018 PACER
85	Notice of Appearance	Oct. 12, 2018	Oct. 12, 2018 PACER
86	Supplement 1 Exhibit A and B View on PACER	Dec. 19, 2018	Dec. 19, 2018 PACER
87	ORDER adopting Report and Recommendations re 79 and re-referring to Magistrate Judge J. Richard Creatura. Signed by Judge Benjamin H. Settle. (MGC)	Jan. 4, 2019	Jan. 4, 2019 RECAP
91	Partial Summary Judgment 1 Proposed Order View on PACER	March 15, 2019	March 15, 2019 PACER
92	Declaration 1 Exhibit A View on PACER	March 15, 2019	March 15, 2019 PACER
93	Declaration	March 15, 2019	March 15, 2019 PACER
94	Stipulated Motion	April 3, 2019	April 3, 2019 PACER
95	Continue	April 3, 2019	April 3, 2019 PACER
96	~Util - Set/Reset Deadlines	April 8, 2019	April 8, 2019 PACER
97	Stipulated Motion 1 Amended Complaint View on PACER	April 12, 2019	April 12, 2019 PACER
98	Notice to Withdraw Pending Motion	April 12, 2019	April 12, 2019 PACER
99	ORDER granting 97 Stipulated MOTION and Proposed Order to Amend Complaint and Case Caption, signed by Judge J Richard Creatura. The Clerk is directed to docket the amended complaint and to amend the case caption to be consistent with the amended complaint. (GMR)	April 15, 2019	April 15, 2019 RECAP
100	Amended Complaint	April 16, 2019	April 16, 2019 PACER
101	Order Directing Service	April 26, 2019	April 26, 2019 PACER
	Motion Calendar	April 26, 2019	April 26, 2019 PACER
102	Notice of Appearance	April 30, 2019	April 30, 2019 PACER
103	Waiver of Service	April 30, 2019	April 30, 2019 PACER
104	Answer to Amended Complaint	June 20, 2019	June 20, 2019 PACER
105	Stipulated Motion	June 26, 2019	June 26, 2019 PACER
106	Order on Stipulated Motion	June 27, 2019	June 27, 2019 PACER
107	Notice of Appearance	Aug. 29, 2019	Aug. 29, 2019 PACER
108	Extension of Time to Complete Discovery	Dec. 3, 2019	Dec. 3, 2019 PACER
109	Stipulated Motion	Dec. 3, 2019	Dec. 3, 2019 PACER
	Terminate Motions (Public, notice to parties)	Dec. 3, 2019	Dec. 3, 2019 PACER
	Notice of Docket Text Modification	Dec. 3, 2019	Dec. 3, 2019 PACER
110	Order on Stipulated Motion	Dec. 11, 2019	Dec. 11, 2019 PACER
111	Notice of Change of Address/Change of Name	Jan. 14, 2020	Jan. 14, 2020 PACER
112	Notice of Change of Address/Change of Name	Feb. 6, 2020	Feb. 6, 2020 PACER
113	Stay	March 12, 2020	March 12, 2020 PACER
114	Order on Motion to Stay	March 16, 2020	March 16, 2020 PACER
	Motion Calendar	March 16, 2020	March 16, 2020 PACER
115	Order to Show Cause	Sept. 10, 2020	Sept. 10, 2020 PACER
	Motion Calendar	Sept. 10, 2020	Sept. 10, 2020 PACER
116	Joint Status Report	Sept. 23, 2020	Sept. 23, 2020 PACER
117	~Util - Terminate Motions AND 1 - Order	Sept. 25, 2020	Sept. 25, 2020 PACER
	Terminate Motions (Private, Court Users only) AND Motion Calendar	Sept. 25, 2020	Sept. 25, 2020 PACER
118	Status Report	March 24, 2021	March 24, 2021 PACER
119	ORDER STAYING CASE: The parties have established good cause for a third stay of this matter, and the Court grants their motion. This matter shall be stayed until September 20, 2021, unless the Court lifts the stay upon the parties' motion. On or before that date, the parties shall file a joint status report advising the Court of the status of the matter and whether they agree to any additional stays. The parties shall promptly advise the Court if the settlement terms are satisfied before September 20, 2021; signed by Judge J Richard Creatura. (KMC)	March 30, 2021	March 30, 2021 RECAP
	Terminate Motions (Public, notice to parties) AND Motion Calendar	March 30, 2021	March 30, 2021 PACER
120	Joint Status Report	Sept. 20, 2021	Sept. 20, 2021 PACER
121	1 - Order	Sept. 21, 2021	Sept. 21, 2021 PACER
	Terminate Motions (Public, notice to parties) AND Motion Calendar	Sept. 21, 2021	Sept. 21, 2021 PACER
122	Notice of Withdrawal of Counsel	Jan. 7, 2022	Jan. 7, 2022 PACER
123	Notice of Appearance	March 3, 2022	March 3, 2022 PACER
124	Notice of Appearance	March 3, 2022	March 3, 2022 PACER
125	Notice of Withdrawal of Counsel	March 3, 2022	March 3, 2022 PACER
126	Status Report	March 21, 2022	March 21, 2022 PACER
127	~Util - Terminate Deadlines/Hearings AND 1 - Order	March 23, 2022	March 23, 2022 PACER
	Motion Calendar	March 23, 2022	March 23, 2022 PACER
128	Joint Status Report	July 19, 2022	July 19, 2022 PACER
129	~Util - Terminate Deadlines/Hearings AND ~Util - Set/Reset Deadlines AND 1 - Order	July 20, 2022	July 20, 2022 PACER
	Motion Calendar	July 20, 2022	July 20, 2022 PACER
130	Joint Status Report	Nov. 17, 2022	Nov. 17, 2022 PACER
131	1 - Order	Nov. 21, 2022	Nov. 21, 2022 PACER
	Motion Calendar AND Terminate Motions (Public)	Nov. 30, 2022	Nov. 30, 2022 PACER
	Order Referring Case	April 19, 2023	April 19, 2023 PACER
133	Joint Status Report	May 19, 2023	May 19, 2023 PACER
134	ORDER CONTINUING STAY. This matter shall be stayed until 11/17/2023. Joint Status Report due by 11/17/2023. Signed by Magistrate Judge Grady J Leupold. (TE)	May 22, 2023	May 22, 2023 RECAP
135	Notice of Appearance	July 14, 2023	July 14, 2023 PACER
136	Notice of Withdrawal of Counsel	July 14, 2023	July 14, 2023 PACER
137	Notice of Withdrawal of Counsel	July 14, 2023	July 14, 2023 PACER
138	Joint Status Report	Nov. 17, 2023	Nov. 17, 2023 PACER
139	ORDER CONTINUING STAY. This matter shall be stayed until 12/18/2023. Joint Status Report due by 12/18/2023. Signed by Magistrate Judge Grady J Leupold. (MW)	Nov. 20, 2023	Nov. 20, 2023 RECAP
140	Joint Status Report	Dec. 15, 2023	Dec. 15, 2023 PACER
	Set/Reset Deadlines	Dec. 19, 2023	Dec. 19, 2023 PACER