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Civil Rights Litigation Clearinghouse
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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 (NCLR)
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.

Over the next year, the parties engaged in discovery. On December 22, 2006, 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 motions for reconsideration of the order granting preliminary injunctive relief to plaintiff and request to terminate the preliminary injunction were denied. Soon after, Judge Williams ordered 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).

In September 2007, the defendants filed a motion for summary judgment. This motion was found moot on November 30, 2007 because of the pending Ninth Circuit appeal by a non-party. On appeal to the Ninth Circuit, the parties went through a voluntary in-person mediation on July 10, 2008. The parties were able to reach a tentative settlement of their dispute on May 18, 2009 following the mediation. The appeal to the Ninth Circuit was voluntarily dismissed pursuant to the stipulation of the parties on August 6, 2009. Additionally, the case in the United States District Court for the District of Idaho was dismissed in its entirety with prejudice on August 11, 2009 pursuant to the stipulation of the parties in light of their Ninth Circuit settlement agreement. The exact terms of the settlement agreement are not known, but according to a case summary by National Center for Lesbian Rights, "the case was settled to the satisfaction of all parties." The case is now closed.

Dan Dalton - 09/17/2007
Elizabeth Heise - 10/07/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Equal Protection
Content of Injunction
Discrimination Prohibition
Defendant-type
Corrections
Discrimination-basis
Gender identity
General
Gay/lesbian/transgender
Suicide prevention
Medical/Mental Health
Medical care, general
Medication, administration of
Mental health care, general
Plaintiff Type
Private Plaintiff
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 Transgender inmate in the Idaho state prison who suffered from Gender Identity Disorder and sought hormone therapy.
Indexed Lawyer Organizations National Center for Lesbian Rights (NCLR)
Class action status sought No
Class action status granted No
Filed Pro Se 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
Order Duration 2007 - n/a
Filing Year 2005
Case Closing Year 2009
Case Ongoing Yes
Additional Resources
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  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
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
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
07­-35829 (U.S. Court of Appeals)
PC-ID-0006-9001.pdf | Detail
Date: 08/06/2009
Source: PACER [Public Access to Court Electronic Records]
1:05-cv-00257-MHW (D. Idaho)
PC-ID-0006-9000.pdf | Detail
Date: 08/26/2009
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Demand for Jury Trial [ECF# 2]
PC-ID-0006-0004.pdf | Detail
Date: 06/30/2005
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 122]
PC-ID-0006-0002.pdf | Detail
Date: 02/01/2006
Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order [ECF# 230] (2007 WL 2186896 / 2007 U.S.Dist.LEXIS 55564) (D. Idaho)
PC-ID-0006-0003.pdf | WESTLAW| LEXIS | Detail
Date: 07/27/2007
Source: PACER [Public Access to Court Electronic Records]
NCLR Press Release: Federal Judge in Idaho Orders Treatment for Transgender Inmate
PC-ID-0006-0001.pdf | Detail
Date: 07/30/2007
Memorandum Decision and Order (2007 WL 2684750 / 2007 U.S.Dist.LEXIS 66456) (D. Idaho)
PC-ID-0006-0009.pdf | WESTLAW| LEXIS | Detail
Date: 09/07/2007
Second Amended Complaint [ECF# 304]
PC-ID-0006-0005.pdf | Detail
Date: 10/18/2007
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 319] (D. Idaho)
PC-ID-0006-0008.pdf | Detail
Date: 11/30/2007
Source: PACER [Public Access to Court Electronic Records]
Order Granting Stipulation for Dismissal with Prejudice [ECF# 325] (D. Idaho)
PC-ID-0006-0007.pdf | Detail
Date: 08/11/2009
Source: PACER [Public Access to Court Electronic Records]
Judgment [ECF# 326] (D. Idaho)
PC-ID-0006-0006.pdf | Detail
Date: 08/11/2009
Source: PACER [Public Access to Court Electronic Records]
Judges Williams, Mikel H. (D. Idaho)
PC-ID-0006-0003 | PC-ID-0006-0006 | PC-ID-0006-0007 | PC-ID-0006-0008 | PC-ID-0006-0009 | PC-ID-0006-9000 | PC-ID-0006-9001
Plaintiff's Lawyers Ayoub, Lena (California)
PC-ID-0006-0009 | PC-ID-0006-9000 | PC-ID-0006-9001
Cooper, Lea C. (Idaho)
PC-ID-0006-0004 | PC-ID-0006-0009 | PC-ID-0006-9000 | PC-ID-0006-9001
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 | PC-ID-0006-9001
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 | PC-ID-0006-9001
Minter, Shannon (California)
PC-ID-0006-0002 | PC-ID-0006-0009 | PC-ID-0006-9000 | PC-ID-0006-9001
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 | PC-ID-0006-9001
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 | PC-ID-0006-9001
Collaer, Phillip J. (Idaho)
PC-ID-0006-0002 | PC-ID-0006-0009 | PC-ID-0006-9000 | PC-ID-0006-9001
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 | PC-ID-0006-9001
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

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