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Case Name Gulley-Fernandez v. Johnson PC-WI-0020
Docket / Court 2:15-cv-00795 ( E.D. Wis. )
State/Territory Wisconsin
Case Type(s) Prison Conditions
Case Summary
The plaintiff is a trans woman who filed her complaint pro se on July 1, 2015, in the United States District Court for the Eastern District of Wisconsin. She named as defendants the Warden and Administrative Captain of the prison she was housed in as well as two of the doctors at the facility. The ... read more >
The plaintiff is a trans woman who filed her complaint pro se on July 1, 2015, in the United States District Court for the Eastern District of Wisconsin. She named as defendants the Warden and Administrative Captain of the prison she was housed in as well as two of the doctors at the facility. The case was assigned to Judge Lynn Adelman. The plaintiff initially only sought damages, but moved for injunctive relief as well during the litigation. The complaint was styled as a class action and listed the names of three other plaintiffs on it, but throughout the litigation the court treated them as co-plaintiffs rather than as a class. The issue of class certification was never formally ruled on.

She alleged that in denying to diagnose her with Gender Identity Disorder, prison doctors and administration denied her access to medically necessary gender-affirming treatment in violation of the Eighth Amendment (note: Gender Identity Disorder is no longer used to describe transgender people, the term has been replaced in the DSM with Gender Dysphoria). Her complaint outlined her extensive mental health history, including recurrent self harm and suicide attempts. She attributed her pervasive depression in part to gender dysphoria. She argued that she has repeatedly made her gender identity know to medical staff, and by refusing to diagnose and treat her GID, they acted with deliberate indifference to her serious medical need. She also alleged that they had violated the Prison Rape Elimination Act by housing her near inmates who they knew to be a threat to her safety. Finally, she brought state-law claims for medical malpractice and negligence against her psychologist based on allegations that the doctor ignored her requests for treatment or transfer.

Over the course of the litigation, the plaintiff also filed a motion for diagnostic evaluation, a motion to appoint counsel, and a motion for a John Doe criminal investigation. Both parties also filed motions for summary judgment.

On May 25, 2018, Judge Adelman granted the defendants' motion for summary judgment, denied the plaintiff's motion for summary judgment, and dismissed the case. 2018 WL 2389732. Her decision and order also denied the plaintiff's motion for injunctive relief and all other motions. In June of 2018, the plaintiff filed motions to amend and vacate judgment, which were subsequently denied on Nov 1, 2018.

As of May 31, 2020, there is no update.

Alex Moody - 02/18/2020
Graham Rotenberg - 05/31/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
Discrimination-basis
Gender identity
General
Gay/lesbian/transgender
Prison Rape Elimination Act
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Wisconsin Secure Program Facility
Plaintiff Description A trans woman incarcerated in Wisconsin who has been denied a diagnosis of GID and gender affirming treatment.
Class action status sought Yes
Class action status outcome Denied
Filed Pro Se Yes
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Filed 07/01/2015
Case Closing Year 2018
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
E.D. Wis.
07/08/2019
2:15-cv-00795
PC-WI-0020-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D. Wis.
07/01/2015
Civil Class Action Rights Lawsuit [ECF# 1]
PC-WI-0020-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Wis.
03/31/2016
Comprehensive Amended Civil Rights Amended Complaint [ECF# 62]
PC-WI-0020-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Wis.
05/25/2018
Decision and Order [ECF# 184] (2018 WL 2389732)
PC-WI-0020-0003.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D. Wis.
11/01/2018
Order [ECF# 190]
PC-WI-0020-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Adelman, Lynn S. (E.D. Wis.) show/hide docs
PC-WI-0020-0003 | PC-WI-0020-0004 | PC-WI-0020-9000
Defendant's Lawyers Barber, Timothy M (Wisconsin) show/hide docs
PC-WI-0020-9000
Berg, Samuel T (Wisconsin) show/hide docs
PC-WI-0020-9000
Katt, Christina A (Wisconsin) show/hide docs
PC-WI-0020-9000
Peacock, Ann M. (Wisconsin) show/hide docs
PC-WI-0020-9000
Rakvic−Farr, Laure C (Wisconsin) show/hide docs
PC-WI-0020-9000
Schmelzer, Jody J. (Wisconsin) show/hide docs
PC-WI-0020-9000

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