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Case Name Gammett v. Idaho State Board of Corrections PC-ID-0006
Docket / Court 1:05-cv-00257-MHW ( D. Idaho )
State/Territory Idaho
Case Type(s) Prison Conditions
Attorney Organization National Center for Lesbian Rights
Case Summary
On June 30, 2005, a transgender inmate filed suit against the Idaho State Board of Corrections in the District Court for Idaho for failing to diagnose and provide treatment for her gender identity disorder, a rare psychiatric condition characterized by a struggle between a person's physical sex and ... read more >
On June 30, 2005, a transgender inmate filed suit against the Idaho State Board of Corrections in the District Court for Idaho for failing to diagnose and provide treatment for her gender identity disorder, a rare psychiatric condition characterized by a struggle between a person's physical sex and the person's psychological identity as male or female. Plaintiff, who was represented by National Center for Lesbian Rights and private attorneys, alleged that defendants were deliberately indifferent to her serious mental health condition in violation of the Eighth and Fourteenth Amendments and 42 U.S.C. § 1983. Plaintiff named as additional defendants various individual medical personnel and Correctional Medical Services, Inc. a private company contracted to provide medical staffing at Idaho prisons.

Plaintiff alleged that she was born as a biological male but identified herself as a female and received female hormone therapy prior to her incarceration for possession of a stolen car. Following her incarceration, plaintiff made over 75 requests to prison officials for medical treatment for her condition. All treatment requests were denied. Plaintiff then attempted suicide and cut off her own genitals using a disposable razor, nearly bleeding to death.

After the initiation of the lawsuit, the parties engaged in motion practice and discovery, which included the appointment of medical experts. On December 22, plaintiff filed a motion for a preliminary injunction. After a court-ordered settlement conference did not result in a resolution of the case, a preliminary injunction hearing was held in July, 2007. Following the hearing, the District Court (Judge Mikel Williams) ruled that plaintiff was entitled to female hormone therapy and psychotherapy pending a full trial on the merits. Judge Williams found that "gender identity disorder, left untreated, is a life-threatening mental health condition." Gammett v. Idaho State Bd. of Corrections. 2007 WL 2186896 (D.Idaho). Defendants' subsequent motion for reconsideration of the order granting preliminary injunctive relief to Plaintiff, and request to terminate the preliminary injunction were denied. Judge Williams ordered that the State to transport the plaintiff for treatment by an outside physician who specialized in the care of transgender patients and by a local psychologist. Gammett v. Idaho State Bd. of Corrections, 2007 WL 2684750 (D.Idaho).

As of the date of this summary, the case remained active.

Dan Dalton - 09/17/2007


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Issues and Causes of Action
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Issues
Discrimination-basis
Gender identity
General
Gay/lesbian/transgender
Medical/Mental Health
Medical care, general
Medication, administration of
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Correctional Medical Services, Inc.
Idaho Department of Corrections
Idaho State Board of Corrections
Prison Health Services
Plaintiff Description Transgendered inmate in the Idaho state prison who suffers from Gender Identity Disorder and sought hormone therapy.
Indexed Lawyer Organizations National Center for Lesbian Rights
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2007 - n/a
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
1:05-cv-00257-MHW (D. Idaho) 08/26/2009
PC-ID-0006-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for Jury Trial 06/30/2005
PC-ID-0006-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint 02/01/2006
PC-ID-0006-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order 07/27/2007 (2007 WL 2186896 / 2007 U.S.Dist.LEXIS 55564) (D. Idaho)
PC-ID-0006-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
NCLR Press Release: Federal Judge in Idaho Orders Treatment for Transgender Inmate 07/30/2007
PC-ID-0006-0001 PDF | Detail
Memorandum Decision and Order 09/07/2007 (2007 WL 2684750 / 2007 U.S.Dist.LEXIS 66456) (D. Idaho)
PC-ID-0006-0009 PDF | WESTLAW| LEXIS | Detail
Second Amended Complaint 10/18/2007
PC-ID-0006-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 11/30/2007 (D. Idaho)
PC-ID-0006-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 08/11/2009 (D. Idaho)
PC-ID-0006-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Stipulation for Dismissal with Prejudice 08/11/2009 (D. Idaho)
PC-ID-0006-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Williams, Mikel H. (D. Idaho) [Magistrate]
PC-ID-0006-0003 | PC-ID-0006-0006 | PC-ID-0006-0007 | PC-ID-0006-0008 | PC-ID-0006-0009 | PC-ID-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ayoub, Lena (California)
PC-ID-0006-0009 | PC-ID-0006-9000
Cooper, Lea C. (Idaho)
PC-ID-0006-0004 | PC-ID-0006-0009 | PC-ID-0006-9000
Dixon, Bradley J. (Idaho)
PC-ID-0006-0009 | PC-ID-0006-9000
Dos Santos, Mathew William (California)
PC-ID-0006-0005 | PC-ID-0006-0009 | PC-ID-0006-9000
Jorjani, Parisa (California)
PC-ID-0006-0002 | PC-ID-0006-0005 | PC-ID-0006-0009 | PC-ID-0006-9000
Marksamer, Jody (California)
PC-ID-0006-0009 | PC-ID-0006-9000
Mazza, Mia Anna (California)
PC-ID-0006-0002 | PC-ID-0006-0009 | PC-ID-0006-9000
Minter, Shannon (California)
PC-ID-0006-0002 | PC-ID-0006-0009 | PC-ID-0006-9000
Musgrove, Sheryl L. (Idaho)
PC-ID-0006-0002 | PC-ID-0006-9000
Schurz, James M. (California)
PC-ID-0006-0005 | PC-ID-0006-0009 | PC-ID-0006-9000
Sinclair, J. Walter (Idaho)
PC-ID-0006-0005 | PC-ID-0006-0009 | PC-ID-0006-9000
Tollefson, Gregory C. (Idaho)
PC-ID-0006-0009 | PC-ID-0006-9000
Defendant's Lawyers Burke, John J. (Idaho)
PC-ID-0006-0002 | PC-ID-0006-0009 | PC-ID-0006-9000
Collaer, Phillip J. (Idaho)
PC-ID-0006-0002 | PC-ID-0006-0009 | PC-ID-0006-9000
Julian Fontaine, Andrea L. (Idaho)
PC-ID-0006-0002 | PC-ID-0006-0009 | PC-ID-0006-9000
Loomis, William M. (Idaho)
PC-ID-0006-9000
McCollum, Joseph D. Jr. (Idaho)
PC-ID-0006-0002 | PC-ID-0006-0009 | PC-ID-0006-9000
McFarland, Ryan Thomas (Idaho)
PC-ID-0006-0009 | PC-ID-0006-9000
McNeese, Timothy R. (Idaho)
PC-ID-0006-9000
Nickels, Bryan A. (Idaho)
PC-ID-0006-0009 | PC-ID-0006-9000
Panther, Paul R. (Idaho)
PC-ID-0006-0002 | PC-ID-0006-0009 | PC-ID-0006-9000
Points, Michelle R. (Idaho)
PC-ID-0006-9000
Thomson, James S. II (Idaho)
PC-ID-0006-0002 | PC-ID-0006-0009 | PC-ID-0006-9000
Other Lawyers None on record

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