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Case Name De'Lonta v. Angelone PC-VA-0006
Docket / Court 99-642 ( W.D. Va. )
State/Territory Virginia
Case Type(s) Prison Conditions
Case Summary
On September 9, 1999, an inmate at the Marion Correctional Treatment Center in Marion, Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. The plaintiff, represented by the American Civil ... read more >
On September 9, 1999, an inmate at the Marion Correctional Treatment Center in Marion, Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. The plaintiff, represented by the American Civil Liberties Union, asked the court for declaratory and injunctive relief, alleging that her constitutional rights had been violated by inadequate medical treatment for her Gender Dysphoria (GD).

On January 13, 2000, the U.S. District Court for the Western District of Virginia (Judge James C. Turk) denied the plaintiff's motion for a preliminary injunction. The plaintiff appealed. On August 4, 2000, the U.S. Court of Appeals for the Fourth Circuit (Judges Francis Dominic Murnaghan Jr., William Walter Wilkins, and Robert Bruce King) issued a per curiam opinion dismissing the appeal for failure to prosecute. De'Lonta v. Angelone, 225 F.3d 653 (4th Cir. 2000). The plaintiff filed a petition for rehearing by the Fourth Circuit, and on September 15, 2000, the Fourth Circuit (Judges Wilkins, King, and Diana Jane Gribbon Motz) dismissed the appeal. De'Lonta v. Angelone, 230 F.3d 1352 (4th Cir. 2000).

On October 9, 2001, the district court (Judge Turk) dismissed the plaintiff's case for failure to state a claim on which relief can be granted. The plaintiff appealed. On May 27, 2003, the Fourth Circuit (Judge Wilkins) reversed the district court's dismissal and remanded the case for further consideration, holding that the plaintiff's need for protection against continued self-mutilation was a serious medical need to which prison officials could not be seriously indifferent, and that the plaintiff stated a claim by alleging inadequate medical treatment to prevent self-mutilation upon withdrawal of her hormone therapy. De'Lonta v. Angelone, 330 F.3d 630 (4th Cir. 2003).

The case settled in June 2004; the terms of the settlement require the prison to update its policies regarding treatment of inmates with GD, beginning with intake evaluation, prohibits harassment, requires that treatment plans be made and carried out by specialists, and that inmates with GD be housed in the most appropriate setting reasonably available.

The plaintiff's treatment was assigned to a specialist with expertise in GD. Prison officials were required to provide all necessary information about plaintiff's condition and to facilitate any referrals and consultations with other medical specialists necessary to assist in formulation of an appropriate treatment plan. Plaintiff's counsel was to receive periodic monitoring reports. On October 7, 2004, the court issued a stipulated order dismissing the case.

Kristen Sagar - 09/10/2006


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Issues and Causes of Action
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Issues
Content of Injunction
Preliminary relief denied
General
Gay/lesbian/transgender
Medical/Mental Health
Medical care, general
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Va DOC
Plaintiff Description Inmate alleging that prison officials and doctors had denied her adequate medical treatment for her gender identity disorder in violation of Eighth Amendment
Class action status sought No
Class action status outcome Not sought
Filed Pro Se Yes
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
Voluntary Dismissal
Order Duration 2004 - n/a
Filed 09/09/1999
Case Closing Year 2004
Case Ongoing No
Court Docket(s)
W.D. Va.
11/09/2004
99-642
PC-VA-0006-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
U.S. Court of Appeals
08/04/2000
Opinion (225 F.3d 653)
PC-VA-0006-0004.pdf | WESTLAW| LEXIS | Detail
U.S. Court of Appeals
09/15/2000
Opinion (230 F.3d 1352)
PC-VA-0006-0005.pdf | WESTLAW| LEXIS | Detail
U.S. Court of Appeals
04/24/2001
Opinion (11 Fed.Appx. 144)
PC-VA-0006-0003.pdf | WESTLAW| LEXIS | Detail
Source: Google Scholar
U.S. Court of Appeals
04/24/2001
USCA Opinion (248 F.3d 1134)
PC-VA-0006-0006.pdf | WESTLAW| LEXIS | Detail
U.S. Court of Appeals
05/27/2003
Opinion (330 F.3d 630)
PC-VA-0006-0002.pdf | WESTLAW| LEXIS | Detail
Source: Google Scholar
not recorded
06/01/2004
Settlement
PC-VA-0006-0001.pdf | Detail
Source: Plaintiffs' counsel
show all people docs
Judges King, Robert Bruce (Fourth Circuit) show/hide docs
PC-VA-0006-0002 | PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005
Motz, Diana Jane Gribbon (Fourth Circuit) show/hide docs
PC-VA-0006-0002 | PC-VA-0006-0003 | PC-VA-0006-0005
Murnaghan, Francis Dominic Jr. (Fourth Circuit) show/hide docs
PC-VA-0006-0004
Turk, James Clinton (W.D. Va.) show/hide docs
PC-VA-0006-9000
Wilkins, William Walter (D.S.C., Fourth Circuit) show/hide docs
PC-VA-0006-0002 | PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005
Plaintiff's Lawyers Baldrate, Kelly Marie (Virginia) show/hide docs
PC-VA-0006-0002 | PC-VA-0006-9000
Glasberg, Victor Michael (Virginia) show/hide docs
PC-VA-0006-0002 | PC-VA-0006-9000
Glenberg, Rebecca (Virginia) show/hide docs
PC-VA-0006-9000
Rosenfield, Steven David (Virginia) show/hide docs
PC-VA-0006-9000
Defendant's Lawyers Boelzner, David Ernest (Virginia) show/hide docs
PC-VA-0006-9000
Kofron, Heather Marie (Virginia) show/hide docs
PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005 | PC-VA-0006-9000
Muse, William W. (Virginia) show/hide docs
PC-VA-0006-0002 | PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005 | PC-VA-0006-9000
Vieth, Peter Duane (Virginia) show/hide docs
PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005 | PC-VA-0006-9000
Wooten, George (Idaho) show/hide docs
PC-VA-0006-0003 | PC-VA-0006-0004 | PC-VA-0006-0005 | PC-VA-0006-9000

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