The plaintiffs are five trans women housed in a men's prison in Illinois. On Jan 31, 2018, they filed a complaint against the governor of Illinois, the director of the Illinois Department of Correction, the Chief of Health Services for IDOC, the statewide Mental Health Supervisor for IDOC, and two members of the Gender Identity Disorder Committee for IDOC. (Note: "Gender Identity Disorder" is now clinically referred to as Gender Dysphoria). The plaintiffs are represented by the ACLU of Illinois. The case was assigned to Chief Judge Nancy J. Rosenstengel in the District Court for the Southern District of Illinois.

The complaint alleged that the placement of these women in the men's prison and the conditions they faced in these placements amount to a violation of the Eighth Amendment. They sought class certification, preliminary and permanent injunction, development of revised policies to eliminate substantial risk of serious harm to the plaintiffs and members of the class, and attorneys' fees. The complaint also requested that the court retain jurisdiction pending full compliance.

While incarcerated in IDOC facilities, the plaintiffs experienced long wait times for approval for hormone replacement therapy despite unquestioned Gender Dysphoria diagnoses, resulting in mental health crises including self harm and suicide attempts. For plaintiffs who, after prolonged waits, had received HRT treatment plans, the dosage provided was too low and not therapeutically appropriate in light of WPATH standards. One plaintiff was housed in administrative segregation for a prolonged period, and was only allowed contact with general population after ceasing HRT. The women had also been denied clothing and grooming articles consistent with their gender identity, appropriate mental health care, appropriate bloodwork and laboratory testing, social transition, and gender affirming surgery.

On Nov 30, 2018, the court granted the governor of Illinois's motion to dismiss the claims against him (2018 WL 6259248), leaving all claims against the remaining plaintiffs intact. On Dec 19, 2019, the court granted the plaintiffs' motion for preliminary injunction (2019 WL 6918474), and later amended the contents of this injunction on March 4, 2020. The final preliminary injunction required IDOC to create a new policy regarding the provision of medical care to trans prisoners. Specifically, it required them to change their practice of having a board of non-experts, "the GID Committee,"
make decisions on behalf of incarcerated trans people. The court further required IDOC to propose a plan that provides access to clinicians who are qualified to treat Gender Dysphoria, access to basic care including HRT, and to allow prisoners access to items to facilitate social transition. Finally, IDOC was required to advise the court of any steps taken to train staff on transgender issues.

On March 4, 2020, the same day the amended preliminary injunction was issued, the court also granted the plaintiffs' class certification.

This case is ongoing.

Alex Moody - 03/05/2020


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