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Case Name Hampton v. Baldwin PC-IL-0044
Docket / Court 3:18-cv-00550-NJR-RJD ( S.D. Ill. )
Additional Docket(s) 17-cv-00936  [ 17-936 ]  Southern District of IL (U.S.)
State/Territory Illinois
Case Type(s) Criminal Justice (Other)
Disability Rights-Pub. Accom.
Prison Conditions
Attorney Organization Uptown People's Law Center
Case Summary
On March 8, 2018 a transgender woman serving a ten-year sentence brought this lawsuit against the Illinois Department of Corrections and a group of its officers in U.S. District Court for the Southern District of Illinois. Though she had lived as a woman since the age of five, the plaintiff was ... read more >
On March 8, 2018 a transgender woman serving a ten-year sentence brought this lawsuit against the Illinois Department of Corrections and a group of its officers in U.S. District Court for the Southern District of Illinois. Though she had lived as a woman since the age of five, the plaintiff was incarcerated in a men’s prison and had previously been transferred from another men’s prison due to harassment and abuse by guards and prisoners. Following a settlement in a related case, the plaintiff continued to be harassed and subjected to physical and sexual abuse. As a result, she was placed in segregation and made multiple suicide attempts. In addition to continued abuse, the defendants allegedly failed to provide basic mental health services to the plaintiff. Officers also allegedly physically assaulted her and made clear that they would not protect her from other inmates.

The complaint and an accompanying motion for preliminary injunction asked the court to order the defendants to transfer the plaintiff to a women’s prison. The plaintiff also sought:
1) an injunction under the Americans with Disabilities Act, which would require adequate mental health care and placement in general population rather than segregation;
2) a declaration that the defendants’ conduct and policies violated the Eight and Fourteenth Amendments and the Illinois Hate Crimes Act;
3) compensatory and punitive damages under 42 U.S.C. § 1983; and
4) attorney fees.
The case was assigned to Judge Nancy J. Rosenstengel. On April 20, 2018, the defendants filed a motion for summary judgment, asking the court to dismiss the suit because the plaintiff had yet to “exhaust his administrative remedies” (emphasis added) as required by the PLRA for actions brought under 42 U.S.C. § 1983. The defendant argued that the plaintiff failed to follow procedure or provide sufficient information for the grievances that were filed, and in other cases failed to file a grievance for particular claims.

On June 8, 2018, the plaintiff moved to withdraw her motion for a preliminary injunction, informing the court the she had been transferred to a new men’s prison facility due to her fear for her life from ongoing abuse. There, she was placed in general population and received some mental health services, seeming to moot the request for preliminary relief. However, on July 17, 2018, barely a month later, the plaintiff filed a renewed motion for preliminary injunction, arguing that as soon as her prior injunctive motion had been withdrawn, prison staff had resumed discriminatory treatment against her, including verbal abuse and a failure to ensure her physical safety from other inmates and prison staff. On August 14, 2018, the plaintiff filed an amended complaint reflecting these developments.

On November 7, 2018, Judge Rosenstengel issued an order granting portions of the preliminary injunction. 2018 WL 5830730. The order emphasized that since her childhood, the plaintiff's "family and community treated her as a girl and referred to her by her preferred name.” Judge Rosenstengel also noted that the plaintiff had begun "hormone treatment to physically transition to female” which was “most likely irreversible.” The court held that the plaintiff had a likelihood of success as to her equal protection claims and her Eighth Amendment claims. It ordered the defendants to train staff on transgender issues, allow the plaintiff to attend transgender support group programs, and consider all evidence for and against transferring the plaintiff to a women’s facility. The injunction gave the defendants fourteen days to comply.

Magistrate Judge Reona Daly documented a report and recommendations pertaining to the defendant's motion for summary judgment. 2019 WL 3046332. The report granted the defendant's motion for some claims, finding that the plaintiff failed to exhaust her administrative options. For nine other claims, though, the Magistrate Judge recommended denying the defendant's summary judgment motion because the facts supported the plaintiff's assertion that she had exhausted her administrative options. Because neither party objected to the report, Judge Rosenstengel reviewed the report only for clear error. Finding none, she adopted the recommendations on May 15, 2019. 2019 WL 2118219. The claims dismissed were dismissed without prejudice, and the surviving claims proceeded.

On July 8, 2019, the plaintiff was transferred out of Illinois Department of Corrections. Shortly thereafter, on July 25, two defendants associated with Illinois Department of Corrections moved to dismiss claims against them seeking injunctive and declaratory relief. The two defendants argued that the plaintiff's transfer mooted those claims. After the plaintiffs did not respond to the motion, Judge Rosenstengel dismissed the claims on February 6, 2020. 2020 WL 584193. After this motion, the five surviving claims were: three Eighth Amendment claims, a claim arising under the Illinois Hate Crimes Act, and an IIED claim.

As of April 13, 2020, the parties were engaged in discovery and the case was ongoing.

Nathaniel Flack - 11/15/2018
Justin Hill - 04/13/2020

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Issues and Causes of Action
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Constitutional Clause
Cruel and Unusual Punishment
Equal Protection
Content of Injunction
Discrimination Prohibition
Preliminary relief granted
Provide antidiscrimination training
Gender identity
Administrative segregation
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Classification / placement
Conditions of confinement
Disparate Treatment
Failure to train
Sex w/ staff; sexual harassment by staff
Sexual abuse by residents/inmates
Totality of conditions
Medical/Mental Health
Suicide prevention
Plaintiff Type
Private Plaintiff
Type of Facility
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
State law
Defendant(s) Director of Illinois Department of Corrections
Illinois Department of Corrections
Warden of Lawrence Correctional Center
Plaintiff Description A transgender woman incarcerated in a men's prison.
Indexed Lawyer Organizations Uptown People's Law Center
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Order Duration 2018 - n/a
Filed 03/08/2018
Case Ongoing Yes
Additional Resources
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  See this case at (May provide additional documents and, for active cases, real-time alerts)
3:18-cv-550 (S.D. Ill.)
PC-IL-0044-9000.pdf | Detail
Date: 04/03/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff's Renewed Motion and Memorandum in Support of a Preliminary Injunction [ECF# 46]
PC-IL-0044-0003.pdf | Detail
Date: 07/17/2018
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 64]
PC-IL-0044-0001.pdf | Detail
Date: 08/14/2018
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [ECF# 105] (2018 WL 5830730) (S.D. Ill.)
PC-IL-0044-0002.pdf | WESTLAW | Detail
Date: 11/07/2018
Source: PACER [Public Access to Court Electronic Records]
Report and Recommendation [ECF# 117] (2019 WL 3046332) (S.D. Ill.)
PC-IL-0044-0005.pdf | WESTLAW | Detail
Date: 04/29/2019
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order [ECF# 126] (2020 WL 584193) (S.D. Ill.)
PC-IL-0044-0004.pdf | WESTLAW | Detail
Date: 02/06/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Daly, Reona Court not on record [Magistrate] show/hide docs
PC-IL-0044-0005 | PC-IL-0044-9000
Rosenstengel, Nancy Jo (S.D. Ill.) show/hide docs
PC-IL-0044-0002 | PC-IL-0044-0004 | PC-IL-0044-9000
Plaintiff's Lawyers Bedi, Sheila A. (Illinois) show/hide docs
PC-IL-0044-0001 | PC-IL-0044-0003 | PC-IL-0044-9000
del Valle, Vanessa (Illinois) show/hide docs
PC-IL-0044-0001 | PC-IL-0044-0003 | PC-IL-0044-9000
Mazur, Elizabeth N (Illinois) show/hide docs
PC-IL-0044-0001 | PC-IL-0044-0003 | PC-IL-0044-9000
Mills, Alan S. (Illinois) show/hide docs
PC-IL-0044-0001 | PC-IL-0044-0003 | PC-IL-0044-9000
Defendant's Lawyers Higgerson, Christopher L. (Illinois) show/hide docs
McClimans, Christine G. (Illinois) show/hide docs

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