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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 ]  S.D. Ill.
State/Territory Illinois
Case Type(s) Criminal Justice (Other)
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) within the corrections system.

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.

On December 27, 2018, press reports stated that the plaintiff had been transferred to a women's prison.

The case is ongoing.

Nathaniel Flack - 11/15/2018
- 12/31/2018

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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) Illinois Department of Corrections
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
Filing Year 2018
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
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 ]

3:18-cv-550 (S.D. Ill.)
PC-IL-0044-9000.pdf | Detail
Date: 11/16/2018
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]
Judges Daly, Reona Court not on record [Magistrate]
Rosenstengel, Nancy Jo (S.D. Ill.)
PC-IL-0044-0002 | PC-IL-0044-9000
Plaintiff's Lawyers Bedi, Sheila A. (Illinois)
PC-IL-0044-0001 | PC-IL-0044-0003 | PC-IL-0044-9000
del Valle, Vanessa (Illinois)
PC-IL-0044-0001 | PC-IL-0044-0003 | PC-IL-0044-9000
Mazur, Elizabeth N (Illinois)
PC-IL-0044-0001 | PC-IL-0044-0003 | PC-IL-0044-9000
Mills, Alan S. (Illinois)
PC-IL-0044-0001 | PC-IL-0044-0003 | PC-IL-0044-9000
Defendant's Lawyers Higgerson, Christopher L. (Illinois)
McClimans, Christine G. (Illinois)

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