University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Gotti v. Raemisch PC-WI-0015
Docket / Court 2:07-cv-00928 ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Prison Conditions
Attorney Organization ACLU Chapters (any)
Lambda Legal
Case Summary
On October 17, 2007, Plaintiffs, three transgender women at a Wisconsin Department of Corrections ("DOC") facility who had been diagnosed with Gender Identity Disorder ("GID"), filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Wisconsin, ... read more >
On October 17, 2007, Plaintiffs, three transgender women at a Wisconsin Department of Corrections ("DOC") facility who had been diagnosed with Gender Identity Disorder ("GID"), filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division. This case is related to Sundstrom v. Frank (PC-WI-0010 in the Clearinghouse's database).



Represented by attorneys from the Lambda Legal Defense and Education Fund, Inc., and the ACLU Foundation, Inc., Plaintiffs named employees and/or officials of DOC and a few correctional institutions as Defendants. Plaintiffs asked the court for declaratory and injunctive relief to redress Defendants'violations of their rights under the Eighth and Fourteenth Amendments to the U.S. Constitution. In the Second Amended Complaint filed on April 01, 2009, Plaintiffs claimed that Defendants had violated the Constitution by enforcing 2005 Wisconsin Act 105 to terminate and deprive their medical treatment for their serious health condition, with no exercise whatsoever of individualized medical judgment and in contrast to the treatment Defendants provided to other similarly situated inmates at DOC.

Plaintiffs sought an end to those actions of Defendants that violated Plaintiffs' right to equal protection and their right 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 October 17, 2007, one of the Plaintiffs filed an emergency motion for a preliminary injunction enjoining Defendants from reducing or terminating Plaintiff's hormonal therapy. The next day, Judge Charles N. Clevert, Jr., granted the motion.

On February 12, 2008, Judge Clevert granted the parties' request to stay this case. On December 19, 2007, the parties filed their Joint Rule 26(f) Report. The parties agreed that the ruling in the case of Fields v. Raemisch (see Sundstrom v. Frank, PC-WI-0010 in the Clearinghouse's database) would likely decide many if not all the legal issues presented in this case. As a result, the parties requested that this case be stayed until Fields was decided by the court, and on appeal, if any.

On August 18, 2010, the parties stipulated to dismiss the action without prejudice. Accordingly, the case was terminated pursuant to the stipulation.

Xin Chen - 07/17/2011


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief granted
General
Gay/lesbian/transgender
Medical/Mental Health
Medical care, general
Medication, administration of
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Director of the Wisconsin Department of Corrections Bureau of Health Services
Dodge Correctional Institution Physician
Secretary of the Wisconsin Department of Corrections
Warden of the Dodge Correctional Institution
Warden of the Jackson Correctional Institution
Plaintiff Description Plaintiffs were three transgender women at a Wisconsin Department of Corrections facility who had been diagnosed with Gender Identity Disorder.
Indexed Lawyer Organizations ACLU Chapters (any)
Lambda Legal
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Case Listing PC-WI-0010 : Sundstrom and Fields v. Frank (E.D. Wis.)
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)
2:07-cv-00928-CNC (E.D. Wis.) 08/18/2010
PC-WI-0015-9001 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff's Emergency Motion for a Preliminary Injunction Enjoining Defendants from Reducing or Terminating Minx Gotti's Hormone Therapy 10/17/2007
PC-WI-0015-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Plaintiff's Emergency Motion for a Preliminary Injunction Enjoining Defendants from Reducing or Terminating Minx Gotti's Hormone Therapy 10/18/2007 (E.D. Wis.)
PC-WI-0015-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint for Declarative and Injunctive Relief 04/01/2009
PC-WI-0015-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Clevert, Charles N. Jr. (E.D. Wis.)
PC-WI-0015-0003 | PC-WI-0015-9001
Monitors/Masters None on record
Plaintiff's Lawyers Dupuis, Laurence J. (Wisconsin)
PC-WI-0015-0001 | PC-WI-0015-0002 | PC-WI-0015-9001
Guenther, Erik R. (Wisconsin)
PC-WI-0015-0001 | PC-WI-0015-9001
Knight, John A. (Illinois)
PC-WI-0015-0001 | PC-WI-0015-0002 | PC-WI-0015-9001
Levasseur, Dru M. (New York)
PC-WI-0015-9001
Thaler, Cole A. (Georgia)
PC-WI-0015-0001 | PC-WI-0015-0002 | PC-WI-0015-9001
Defendant's Lawyers Finkelmeyer, Corey F. (Wisconsin)
PC-WI-0015-9001
Schmelzer, Jody J. (Wisconsin)
PC-WI-0015-9001
Sullivan, Francis X. (Wisconsin)
PC-WI-0015-9001
Other Lawyers None on record

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