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Case Name De'Lonta v. Angelone PC-VA-0006
Docket / Court 99-642 ( W.D. Va. )
State/Territory Virginia
Case Type(s) Prison Conditions
Case Summary
On September 9, 1999, an inmate at the Marion Correctional Treatment Center in Marion, Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. The plaintiff, represented by the American ... read more >
On September 9, 1999, an inmate at the Marion Correctional Treatment Center in Marion, Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. The plaintiff, represented by the American Civil Liberties Union, asked the court for declaratory and injunctive relief, alleging that her constitutional rights had been violated by inadequate medical treatment for her gender identity disorder (GID).

On January 13, 2000, the U.S. District Court for the Western District of Virginia (Judge James C. Turk) denied the plaintiff's motion for a preliminary injunction. The plaintiff appealed. On August 4, 2000, the U.S. Court of Appeals for the Fourth Circuit (Judges Francis Dominic Murnaghan Jr., William Walter Wilkins, and Robert Bruce King) issued a per curiam opinion dismissing the appeal for failure to prosecute. De'Lonta v. Angelone, 225 F.3d 653 (4th Cir. 2000). The plaintiff filed a petition for rehearing by the Fourth Circuit, and on September 15, 2000, the Fourth Circuit (Judges Wilkins, King, and Diana Jane Gribbon Motz) dismissed the appeal. De'Lonta v. Angelone, 230 F.3d 1352 (4th Cir. 2000).

On October 9, 2001, the district court (Judge Turk) dismissed the plaintiff's case for failure to state a claim on which relief can be granted. The plaintiff appealed. On May 27, 2003, the Fourth Circuit (Judge Wilkins) reversed the district court's dismissal and remanded the case for further consideration, holding that the plaintiff's need for protection against continued self-mutilation was a serious medical need to which prison officials could not be seriously indifferent, and that the plaintiff stated a claim by alleging inadequate medical treatment to prevent self-mutilation upon withdrawal of her hormone therapy. De'Lonta v. Angelone, 330 F.3d 630 (4th Cir. 2003).

The case settled in June 2004; the terms of the settlement require the prison to update its policies regarding treatment of inmates with GID, beginning with intake evaluation, prohibits harassment, requires that treatment plans be made and carried out by specialists, and that inmates with GID be housed in the most appropriate setting reasonably available.

The plaintiff's treatment was assigned to a specialist with expertise in GID. Prison officials were required to provide all necessary information about plaintiff's condition and to facilitate any referrals and consultations with other medical specialists necessary to assist in formulation of an appropriate treatment plan. Plaintiff's counsel was to receive periodic monitoring reports. On October 7, 2004, the court issued a stipulated order dismissing the case.

Kristen Sagar - 09/10/2006


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief denied
General
Gay/lesbian/transgender
Medical/Mental Health
Medical care, general
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Va DOC
Plaintiff Description Inmate alleging that prison officials and doctors had denied her adequate medical treatment for her gender identity disorder in violation of Eighth Amendment
Indexed Lawyer Organizations None on record
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
Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration 2004 - n/a
Case Closing Year 2004
Case Ongoing No
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)
99-642 (W.D. Va.) 11/09/2004
PC-VA-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 08/04/2000 (225 F.3d 653)
PC-VA-0006-0004.pdf | WESTLAW| LEXIS | Detail
Opinion 09/15/2000 (230 F.3d 1352)
PC-VA-0006-0005.pdf | WESTLAW| LEXIS | Detail
Opinion 04/24/2001 (11 Fed.Appx. 144)
PC-VA-0006-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
USCA Opinion 04/24/2001 (248 F.3d 1134)
PC-VA-0006-0006.pdf | WESTLAW| LEXIS | Detail
Opinion 05/27/2003 (330 F.3d 630)
PC-VA-0006-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Settlement 06/01/2004
PC-VA-0006-0001.pdf | Detail
Document Source: Plaintiffs' counsel
Judges King, Robert Bruce (Fourth Circuit)
PC-VA-0006-0002 | PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005
Motz, Diana Jane Gribbon (Fourth Circuit)
PC-VA-0006-0002 | PC-VA-0006-0003 | PC-VA-0006-0005
Murnaghan, Francis Dominic Jr. (Fourth Circuit)
PC-VA-0006-0004
Turk, James Clinton (W.D. Va.)
PC-VA-0006-9000
Wilkins, William Walter (D.S.C., Fourth Circuit)
PC-VA-0006-0002 | PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005
Monitors/Masters None on record
Plaintiff's Lawyers Baldrate, Kelly Marie (Virginia)
PC-VA-0006-0002 | PC-VA-0006-9000
Glasberg, Victor Michael (Virginia)
PC-VA-0006-0002 | PC-VA-0006-9000
Glenberg, Rebecca (Virginia)
PC-VA-0006-0002 | PC-VA-0006-9000
Rosenfield, Steven David (Virginia)
PC-VA-0006-9000
Defendant's Lawyers Boelzner, David Ernest (Virginia)
PC-VA-0006-9000
Kofron, Heather Marie (Virginia)
PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005 | PC-VA-0006-9000
Muse, William W. (Virginia)
PC-VA-0006-0002 | PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005 | PC-VA-0006-9000
Vieth, Peter Duane (Virginia)
PC-VA-0006-0002 | PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005 | PC-VA-0006-9000
Wooten, George (Idaho)
PC-VA-0006-0002 | PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005 | PC-VA-0006-9000
Other Lawyers None on record

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