Case: Chandler v. California Department of Corrections and Rehabilitation

1:21-cv-01657 | U.S. District Court for the Eastern District of California

Filed Date: Nov. 17, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case brought by incarcerated cisgender women challenging California law SB 132, which allows incarcerated transgender people, nonbinary people, and intersex people to choose to be housed in men’s or women’s facilities. On November 17, 2021, three incarcerated women and Woman II Woman, a non-profit that works on behalf of cisgender women, filed this lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs sued the California Department of Corrections an…

This is a case brought by incarcerated cisgender women challenging California law SB 132, which allows incarcerated transgender people, nonbinary people, and intersex people to choose to be housed in men’s or women’s facilities. On November 17, 2021, three incarcerated women and Woman II Woman, a non-profit that works on behalf of cisgender women, filed this lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs sued the California Department of Corrections and Rehabilitation under the Eighth Amendment, the First Amendment, the Fourteenth Amendment, and state law. 

Represented by the Women's Liberation Front and a private firm, the plaintiffs sought declaratory judgments that SB 132 was illegal and a permanent injunction enjoining defendants from enforcing or implementing SB 132. The case was assigned to Judge Jennifer L. Thurston.

On April 11, 2022, defendants filed a motion to dismiss. As of June 15, 2022, this case is ongoing.

Summary Authors

Michelle Landry (6/15/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/61499729/parties/chandler-v-california-department-of-corrections-and-rehabilitiation/


Attorney for Plaintiff

Adams, Lauren (District of Columbia)

Jackson, Candice (California)

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Documents in the Clearinghouse

Document
1

1:21-cv-01657

Complaint for Declaratory and Injunctive Relief

Nov. 17, 2021

Nov. 17, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/61499729/chandler-v-california-department-of-corrections-and-rehabilitiation/

Last updated March 7, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Kathleen Allison, California Department of Corrections and Rehabilitiation, Mona D. Houston, Michael Pallares by Krystal Gonzalez, Tomiekia Johnson, Woman II Woman, Nadia Romero, Janine Chandler. Attorney Jackson, Candice Erin added. (Filing fee $ 402, receipt number ACAEDC-9931428) (Attachments: # 1 Civil Cover Sheet Civil Case Cover Sheet)(Jackson, Candice) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

Clearinghouse
2

SUMMONS ISSUED as to *Kathleen Allison, California Department of Corrections and Rehabilitiation, Mona D. Houston, Michael Pallares* with answer to complaint due within *21* days. Attorney *Candice Erin Jackson* *Freeman, Mathis & Gary LLP* *1010 B Street, Suite 300* *San Rafael, CA 94901*. (Jessen, A) (Entered: 11/17/2021)

Nov. 17, 2021

Nov. 17, 2021

RECAP
3

CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 8/18/2022 at 10:30 AM in Yosemite (HBK) before Magistrate Judge Helena M. Barch-Kuchta. (Attachments: # 1 Standing Order, # 2 Standing Order re Judicial Emergency, # 3 Clarification Order, # 4 Consent Form, # 5 VDRP) (Jessen, A) (Entered: 11/17/2021)

1 Standing Order

View on PACER

2 Standing Order re Judicial Emergency

View on PACER

3 Clarification Order

View on PACER

4 Consent Form

View on PACER

5 VDRP

View on PACER

Nov. 17, 2021

Nov. 17, 2021

PACER
4

STIPULATION and PROPOSED ORDER for Extension of Time to File a Responsive Pleading by Kathleen Allison, California Department of Corrections and Rehabilitiation, Mona D. Houston, Michael Pallares. Attorney Corso, Anthony added. (Attachments: # 1 Proposed Order)(Corso, Anthony) (Entered: 12/20/2021)

1 Proposed Order

View on PACER

Dec. 20, 2021

Dec. 20, 2021

PACER
5

AFFIDAVIT of Summons and Complaint by Janine Chandler. (Attachments: # 1 Proof of Service to Summons and Complaint, # 2 Proof of Service to Summons and Complaint, # 3 Proof of Service to Summons and Complaint, # 4 Proof of Service to Summons and Complaint)(Jackson, Candice) (Entered: 12/20/2021)

1 Proof of Service to Summons and Complaint

View on PACER

2 Proof of Service to Summons and Complaint

View on PACER

3 Proof of Service to Summons and Complaint

View on PACER

4 Proof of Service to Summons and Complaint

View on PACER

Dec. 20, 2021

Dec. 20, 2021

PACER
6

TEXT ONLY ORDER GRANTING 4 the parties' stipulated MOTION for EXTENSION of TIME to FILE RESPONSIVE PLEADING. Defendants' responsive pleading to Plaintiff's complaint is due no later than 2/9/2022. signed by Magistrate Judge Helena M. Barch-Kuchta on 12/21/2021. (Barch-Kuchta, Helena) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER

Order on Motion for Extension of Time to File Answer

Dec. 21, 2021

Dec. 21, 2021

PACER
7

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Janine Chandler for attorney Lauren Adams to appear Pro Hac Vice. (Filing fee $ 225, receipt number ACAEDC-10010842) (DUPLICATE RECEIPT ACAEDC-10010696 FOR $225.00 REFUNDED) (Jackson, Candice) Modified on 1/13/2022 (Washington, S). (Entered: 01/07/2022)

Jan. 7, 2022

Jan. 7, 2022

RECAP
8

TEXT ONLY ORDER GRANTING 7 Application for Pro Hac Vice. Having satisfied the requirements of Local Rule 180(b)(2), Attorney Lauren Adams' application is GRANTED and she may appear on behalf of Plaintiff Janine Taylor. The Pro Hac Vice attorney is directed to request electronic filing access through PACER. signed by Magistrate Judge Helena M. Barch-Kuchta on 1/10/2022. (alr) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

PACER
9

ORDER by Chief Judge Kimberly J. Mueller: Due to the appointment of Judge Jennifer L. Thurston to the position of U.S. District Judge, this action is reassigned from *Unassigned DJ* to District Judge Jennifer L. Thurston for all further proceedings. (Martin-Gill, S) (Entered: 01/10/2022)

Jan. 10, 2022

Jan. 10, 2022

RECAP

Order on Application for Pro Hac Vice

Jan. 10, 2022

Jan. 10, 2022

PACER
10

STIPULATION and PROPOSED ORDER for Second Extension of Time to File a Responsive Pleading by Kathleen Allison, California Department of Corrections and Rehabilitiation, Mona D. Houston, Michael Pallares. (Attachments: # 1 Proposed Order)(Corso, Anthony) (Entered: 01/12/2022)

1 Proposed Order

View on PACER

Jan. 12, 2022

Jan. 12, 2022

PACER
11

ORDER GRANTING 10 Second Joint Request for Extension of Time for Defendant to File a Responsive Pleading, signed by Magistrate Judge Helena M. Barch-Kuchta on 1/13/2022. Defendants' responsive pleading to the complaint shall be filed no later than 3/11/2022. (Rivera, O) (Entered: 01/13/2022)

Jan. 13, 2022

Jan. 13, 2022

RECAP
12

STANDING ORDER signed by District Judge Jennifer L. Thurston on 1/26/2022. (Gonzalez, R) (Entered: 01/26/2022)

Jan. 26, 2022

Jan. 26, 2022

RECAP
13

STIPULATION and PROPOSED ORDER for Third Extension of Time to File a Responsive Pleading by Kathleen Allison, California Department of Corrections and Rehabilitiation, Mona D. Houston, Michael Pallares. (Attachments: # 1 Proposed Order)(Corso, Anthony) Modified on 2/22/2022 (Davis, D). (Entered: 02/17/2022)

1 Proposed Order

View on PACER

Feb. 17, 2022

Feb. 17, 2022

PACER
14

TEXT ONLY ORDER GRANTING (Doc. 13 ) Defendants' Third Request for Extension of Time to file a Responsive Pleading. Defendants' responsive pleading shall be filed no later than Monday, April 11, 2022. signed by Magistrate Judge Helena M. Barch-Kuchta on 2/22/2022. (Glinzak, Louis) (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

PACER

Order on Motion for Extension

Feb. 22, 2022

Feb. 22, 2022

PACER
15

MOTION to DISMISS by Kathleen Allison, Mona D. Houston, Michael Pallares. Motion Hearing set for 5/19/2022 at 09:00 AM before District Judge Jennifer L. Thurston. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A-S to Request for Judicial Notice, # 4 Declaration of J. Thissen, # 5 Exhibit A-K to Declaration of J. Thissen, # 6 Motion to File Redacted Exhibits to Thissen Declaration and in Support of Defendants' Motion to Dismiss)(Corso, Anthony) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
16

MINUTE ORDER (Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the recently filed motion to dismiss 15 will be decided on the papers. No hearing will be calendared. The hearing date selected by the movant will nonetheless serve to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). The parties are further informed that as a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 80 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may still be many months until the motion in this matter is resolved. The Court reiterates that magistrate judge consent may alleviate some of the delays caused by the resource emergency signed by District Judge Jennifer L. Thurston on April 12, 2022. (Munoz, I) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER

Minute Order

April 12, 2022

April 12, 2022

PACER
17

Extension of Time

April 20, 2022

April 20, 2022

PACER
18

ORDER GRANTING 17 Joint Stipulation to Extend Briefing Schedule signed by District Judge Jennifer L. Thurston on 4/21/2022. Meet and Confer Deadline: 5/2/2022. Motion to Intervene due by 5/9/2022. Brief in Support of Motion to Dismiss due by 5/16/2022. Opposition to Motion to Dismiss due by 5/31/2022. Replied due by 6/10/2022. (Jessen, A)

April 22, 2022

April 22, 2022

RECAP
19

Intervene

May 9, 2022

May 9, 2022

PACER
20

CORPORATE DISCLOSURE STATEMENT by Intervenor Transgender, Gender-Variant & Intersex Justice Project ("TGIJP"). (Portnoi, Dimitri) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

21

Application for Pro Hac Vice and Proposed Order

May 9, 2022

May 9, 2022

PACER
22

Notice of Appearance

May 9, 2022

May 9, 2022

PACER
23

Notice of Appearance

May 9, 2022

May 9, 2022

PACER
24

Notice of Appearance

May 9, 2022

May 9, 2022

PACER
25

Notice of Appearance

May 9, 2022

May 9, 2022

PACER
26

Notice of Appearance

May 9, 2022

May 9, 2022

PACER
27

Notice of Appearance

May 9, 2022

May 9, 2022

PACER
28

Notice of Appearance

May 9, 2022

May 9, 2022

PACER
29

Notice of Appearance

May 9, 2022

May 9, 2022

PACER
30

Notice of Appearance

May 9, 2022

May 9, 2022

PACER
31

STIPULATION TO DISMISS ALL CLAIMS OF PLAINTIFF AND PROPOSED ORDER by Woman II Woman. (Jackson, Candice) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

32

MEMORANDUM by Kelli Blackwell, Katie Brown, Tremayne Carroll, Jennifer Rose, Transgender, Gender-Variant & Intersex Justice Project ("TGIJP") in SUPPORT of 15 Motion to Dismiss,,. (Huppert, Nora) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

33

Stipulation of Dismissal With Prejudice of All Claims of Plaintiff Women II Women, signed by Magistrate Judge Helena M. Barch-Kuchta on 5/16/2022. (Marrujo, C) (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

RECAP
34

MINUTE ORDER(Text Only Entry) The parties are advised that pursuant to the undersigned's standing order and Local Rule 230(g), the filed motion to intervene 19 will be decided on the papers. No hearing will be calendared. Local Rule 230, as revised March 1, 2022, will govern the filing of oppositions and replies. The parties are further informed that as a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 80 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may still be many months until the motion in this matter is resolved. The Court reiterates that magistrate judge consent may alleviate some of the delays caused by the resource emergency signed by District Judge Jennifer L. Thurston on May 18, 2022. (Munoz, I) (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER

Minute Order

May 18, 2022

May 18, 2022

PACER
35

OPPOSITION by Kathleen Allison, California Department of Corrections and Rehabilitiation, Mona D. Houston, Michael Pallares to 19 Motion to Intervene,,. (Corso, Anthony) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
36

OPPOSITION by Janine Chandler, Krystal Gonzalez, Tomiekia Johnson, Nadia Romero to 15 Motion to Dismiss,,. (Attachments: # 1 Declaration Dec of Janine Chandler, # 2 Declaration Dec of Nadia Romero, # 3 Declaration Dec of Tomiekia Johnson, # 4 Declaration Dec of Colin Wright, # 5 Declaration Dec of Callie Burt, # 6 Declaration Dec of Sagal Sadiq, # 7 Declaration Dec of Mimi Le, # 8 Declaration Dec of Ayanna Green, # 9 Declaration Dec of Amie Ichikawa, # 10 Declaration Dec of Lauren Adams, # 11 Declaration Dec of Michelle Norsworthy, # 12 Declaration Dec of Krystal Gonzalez)(Jackson, Candice) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
37

REPLY by Kelli Blackwell, Katie Brown, Tremayne Carroll, Jennifer Rose, Transgender, Gender-Variant & Intersex Justice Project ("TGIJP") re 19 Motion to Intervene,,. (Portnoi, Dimitri) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
40

REPLY by Kelli Blackwell, Katie Brown, Tremayne Carroll, Jennifer Rose, Transgender, Gender-Variant & Intersex Justice Project ("TGIJP") re 36 Opposition to Motion,,. (Huppert, Nora) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER
39

REPLY by Kathleen Allison, California Department of Corrections and Rehabilitiation, Mona D. Houston, Michael Pallares re 36 Opposition to Motion,,. (Corso, Anthony) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER
38

MOTION to STRIKE Declarations Attached to Plaintiffs' Opposition to Defendants' Motion to Dismiss; Memorandum of Points and Authorities re 36 Opposition to Motion,,. by Kathleen Allison, California Department of Corrections and Rehabilitiation, Mona D. Houston, Michael Pallares. (Corso, Anthony) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER
41

OPPOSITION by Janine Chandler, Krystal Gonzalez, Tomiekia Johnson, Nadia Romero to 38 Motion to Strike,. (Jackson, Candice) (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

PACER
43

Miscellaneous Relief

July 6, 2022

July 6, 2022

PACER
44

Miscellaneous Relief

July 6, 2022

July 6, 2022

PACER

Order on Application for Pro Hac Vice

July 7, 2022

July 7, 2022

PACER

Minute Order

July 7, 2022

July 7, 2022

PACER
47

Opposition to Motion

July 15, 2022

July 15, 2022

PACER
48

Opposition to Motion

July 15, 2022

July 15, 2022

PACER
50

ORDER DENYING 43 Proposed Intervenors' Motion for Leave to File a Sur-Reply re Pending Motion to Strike; ORDER DENYING 44 Motion for Leave to Late-File an Opposition to the Motion to Intervene, signed by District Judge Jennifer L. Thurston on 7/19/2022. (Marrujo, C)

July 19, 2022

July 19, 2022

RECAP
51

Vacate

July 21, 2022

July 21, 2022

PACER
52

ORDER GRANTING 51 Administrative Motion to Vacate Initial Scheduling Conference, signed by Magistrate Judge Helena M. Barch-Kuchta on 7/27/2022. August 18, 2022 at 10:30 AM Initial Scheduling Conference is VACATED. Within ten (10) days after the issuance of the ruling on the Motion to Dismiss, should the matter go forward, the parties are directed to contact Courtroom Deputy Patricia Apodaca (PApodaca@caed.uscourts.gov) to secure a new scheduling conference date. (Rivera, O) (Entered: 07/27/2022)

July 27, 2022

July 27, 2022

RECAP
53

LETTER Re 19 Motion to Intervene from Michelle-Lael Norsworthy. (Flores, E) (Entered: 08/09/2022)

July 27, 2022

July 27, 2022

RECAP
54

NOTICE of CHANGE of ADDRESS by Candice Erin Jackson. (Jackson, Candice) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

PACER
55

CLERK'S NOTICE to Attorney Lauren Adams re 54 Notice of Change of Address: Due to the recent upgrade in the Eastern District of California to NextGen, all changes to address will need to be made through Pacer. Until you update your address through Pacer, the docket will reflect your previous address. (Lawrence, A) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
56

NOTICE OF WITHDRAWAL OF COUNSEL by Kelli Blackwell, Katie Brown, Tremayne Carroll, Jennifer Rose, Transgender, Gender-Variant & Intersex Justice Project ("TGIJP"). (Simeone, Michael) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

PACER
57

MINUTE ORDER (Text Only Entry) The Court is aware that at least one motion remains under submission before the undersigned in this matter. As a result of the judicial resource emergency described in this Court's standing order re judicial emergency, more than 100 motions remain under submission in the caseload recently re-assigned to the undersigned. Although the Court has begun the process of working through this significant backlog, it may be six or more months until the motion(s) in this matter is resolved. The Court reiterates that the magistrate judge consent can alleviate the delay caused by the resource emergency. The parties SHALL reconsider magistrate judge consent for all purposes or only for this pending motion. In addition, the parties are reminded of their ongoing obligation to inform the Court of any changed circumstances that have rendered all or part of any pending motion moot. Finally, the parties are informed that the undersigned generally requires a formal settlement conference take place before any civil case proceeds to trial. Should any party wish to schedule a settlement conference, they are directed to contact Courtroom Deputy Irma Munoz at imunoz@caed.uscourts.gov signed by District Judge Jennifer L. Thurston on October 12, 2022. (Munoz, I) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER

Minute Order

Oct. 12, 2022

Oct. 12, 2022

PACER
58

REQUEST for Consideration of New Legal Authority by Janine Chandler, Krystal Gonzalez, Tomiekia Johnson, Nadia Romero. (Jackson, Candice) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER
59

MINUTE ORDER (TEXT ENTRY ONLY) Plaintiff has filed a request for the Court to consider new authority 58 . In addition to attaching a recent case, the request contains legal argument. Local Rule 230(m)(2) provides the procedure for submitting notices of supplemental authority and indicates that such submissions do not need leave of court so long as they do not contain additional argument. Plaintiff has not explained why argument is needed under the circumstances, as supplemental authorities normally speak for themselves. Accordingly, the Clerk of Court is directed to administratively terminate the request 58 . To the extent the filings contain argument, the argument will be disregarded. The Court is aware that motions have been pending in this case for some time. As the Court has indicated previously, it may still be many months until the motions in this matter are resolved signed by District Judge Jennifer L. Thurston on November 3, 2022. (Munoz, I) (Entered: 11/03/2022)

Nov. 3, 2022

Nov. 3, 2022

PACER

Order on Request

Nov. 3, 2022

Nov. 3, 2022

PACER
60

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Colin Andris Shaff for Kathleen Allison,Colin Andris Shaff for California Department of Corrections and Rehabilitiation,Colin Andris Shaff for Mona D. Houston,Colin Andris Shaff for Michael Pallares, attorney Anthony Corso terminated (Shaff, Colin) (Entered: 03/02/2023)

March 2, 2023

March 2, 2023

PACER
61

DESIGNATION of COUNSEL FOR SERVICE., attorney Shivani Isabel Morrison terminated (Morrison, Shivani) (Entered: 03/16/2023)

March 16, 2023

March 16, 2023

PACER
62

ORDER GRANTING WITH CONDITIONS 19 Motion to Intervene as of Right, signed by District Judge Jennifer L. Thurston on 08/20/2023. (Maldonado, C) (Entered: 08/21/2023)

Aug. 21, 2023

Aug. 21, 2023

RECAP
63

DESIGNATION of COUNSEL FOR SERVICE., attorney Christina S Paek terminated (Paek, Christina) (Entered: 09/15/2023)

Sept. 15, 2023

Sept. 15, 2023

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Speech and Religious Freedom

Key Dates

Filing Date: Nov. 17, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three incarcerated women and Woman II Woman, a non-profit that works with justice for cisgender women

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Corrections and Rehabilitation, State

Defendant Type(s):

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

LGBTQ+:

LGBTQ+

Discrimination-basis:

Gender identity

Sex discrimination

Affected Sex or Gender:

Female

Type of Facility:

Government-run