CLOSED,E−FILE PROJECT,LEADCASE,PRISONER
United States District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:15−cv−00795−LA

Gulley−Fernandez v. Johnson et al Assigned to: Judge Lynn Adelman Demand: $9,999,000 Cause: 42:1983 Prisoner Civil Rights
Plaintiff Dominique DeWayne Gulley−Fernandez also known as Dominique Dewayne Hakeem Enrique Gulley−Fernandez also known as Teriyaki Arianna Giselle Ward also known as Jessica Teriyaki Ariana Wilds−Walker also known as Jessica Ariana Giselle Walker
Plaintiff Damien M Griffin TERMINATED: 01/21/2016
Plaintiff Carlos D Lindsey TERMINATED: 01/29/2016
Plaintiff DeAndre Jerome Bernard TERMINATED: 08/26/2015

Date Filed: 07/01/2015 Date Terminated: 05/25/2018 Jury Demand: Both Nature of Suit: 555 Prisoner: Conditions of Confinement Jurisdiction: Federal Question
represented by Dominique DeWayne Gulley−Fernandez 528853 Wisconsin Secure Program Facility PO Box 1000 Boscobel, WI 53805−0900 PRO SE
represented by Damien M Griffin 579470 Dodge Correctional Institution PO Box 700 Waupun, WI 53963−0700 PRO SE
represented by Carlos D Lindsey 524927 Wisconsin Secure Program Facility PO Box 1000 Boscobel, WI 53805−0900 PRO SE
represented by DeAndre Jerome Bernard 516531 Green Bay Correctional Institution PO Box 19033 Green Bay, WI 54307−9033 PRO SE

V.
Defendant
Dr Tracy Johnson Licensed Psychologist and Psychology Dept Supervisor

represented by Jody J Schmelzer Wisconsin Department of Justice Office of the Attorney General 17 W Main St PO Box 7857 Madison, WI 53707−7857 608−266−3094 Fax: 608−267−8906

Defendant Dr Stacey Hoem Psychologist TERMINATED: 03/31/2016
Defendant Tori Sebranek sued as "Tanya Sebranek" TERMINATED: 12/06/2017 Defendant Gary Ankarlo TERMINATED: 12/06/2017

Email: schmelzerjj@doj.state.wi.us TERMINATED: 04/14/2016
Laure C Rakvic−Farr Wisconsin Department of Justice Office of the Attorney General 17 W Main St PO Box 7857 Madison, WI 53707−7857 608−266−0323 Fax: 608−267−8906 Email: rakvic−farrlc@doj.state.wi.us ATTORNEY TO BE NOTICED
Samuel T Berg Wisconsin Department of Justice Office of the Attorney General 17 W Main St PO Box 7857 Madison, WI 53707−7857 608−267−2229 Fax: 608−267−8906 Email: bergst@doj.state.wi.us ATTORNEY TO BE NOTICED
Timothy M Barber Wisconsin Department of Justice Office of the Attorney General 17 W Main St PO Box 7857 Madison, WI 53707−7857 608−266−7234 Fax: 608−267−8906 Email: barbertm@doj.state.wi.us ATTORNEY TO BE NOTICED
represented by Jody J Schmelzer (See above for address) TERMINATED: 04/14/2016
Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
Timothy M Barber (See above for address) ATTORNEY TO BE NOTICED
represented by Jody J Schmelzer (See above for address) TERMINATED: 04/14/2016
represented by Wisconsin Dept of Justice − 1983 Actions Email: DLSFedOrdersEastCL@doj.state.wi.us TERMINATED: 02/15/2016
Jody J Schmelzer (See above for address) TERMINATED: 04/14/2016

Defendant David Gardner Administrative Captain, WSPF
Defendant Warden Gary Boughton
Defendant Cathy A Jess TERMINATED: 03/24/2016
Defendant Mark Heise Director, Bureau of Offender Classification and Movement TERMINATED: 03/31/2016

Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
Samuel T Berg (See above for address) ATTORNEY TO BE NOTICED
represented by Jody J Schmelzer (See above for address) TERMINATED: 04/14/2016
Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
Samuel T Berg (See above for address) ATTORNEY TO BE NOTICED
Timothy M Barber (See above for address) ATTORNEY TO BE NOTICED
represented by Jody J Schmelzer (See above for address) TERMINATED: 04/14/2016
Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
Samuel T Berg (See above for address) ATTORNEY TO BE NOTICED
Timothy M Barber (See above for address) ATTORNEY TO BE NOTICED
represented by Jody J Schmelzer (See above for address) TERMINATED: 04/14/2016
Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
represented by Jody J Schmelzer (See above for address) TERMINATED: 04/14/2016
Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
Timothy M Barber (See above for address)

Defendant Catherine Morrison TERMINATED: 03/24/2016 Defendant Kevin Kallas TERMINATED: 12/06/2017
Defendant Wisconsin Department of Corrections TERMINATED: 03/31/2016 Defendant Daniel Winkleski TERMINATED: 03/31/2016 Defendant Christa K Morrison
Defendant Bureau of Health Services Inc TERMINATED: 04/29/2016 Defendant Dr Shirley Dawson
Defendant Dr Dawn Landers

ATTORNEY TO BE NOTICED
represented by Jody J Schmelzer (See above for address) TERMINATED: 04/14/2016
represented by Jody J Schmelzer (See above for address) TERMINATED: 04/14/2016 Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED Samuel T Berg (See above for address) ATTORNEY TO BE NOTICED
represented by Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED Samuel T Berg (See above for address) ATTORNEY TO BE NOTICED Timothy M Barber (See above for address) ATTORNEY TO BE NOTICED
represented by Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED Samuel T Berg (See above for address) ATTORNEY TO BE NOTICED Timothy M Barber (See above for address) ATTORNEY TO BE NOTICED
represented by

Defendant Timothy Haines former Warden TERMINATED: 12/06/2017
Defendant Troy Hermans former Deputy Warden TERMINATED: 12/06/2017
Defendant Dr Torria M Van Buren TERMINATED: 12/06/2017
Defendant Cynthia S Osborne TERMINATED: 09/01/2016
V. Consolidated Defendant Tori Sebranek TERMINATED: 12/06/2017

Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
Samuel T Berg (See above for address) ATTORNEY TO BE NOTICED
Timothy M Barber (See above for address) ATTORNEY TO BE NOTICED
represented by Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
Samuel T Berg (See above for address) ATTORNEY TO BE NOTICED
represented by Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
Samuel T Berg (See above for address) ATTORNEY TO BE NOTICED
represented by Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
Samuel T Berg (See above for address) ATTORNEY TO BE NOTICED
represented by Christina A Katt Wilson Elser Moskowitz Edelman & Dicker LLP 740 N Plankinton Ave − Ste 600 Milwaukee, WI 53203−2412 414−276−8816 Fax: 414−276−8819 Email: christina.katt@wilsonelser.com TERMINATED: 11/02/2016
Laure C Rakvic−Farr (See above for address) TERMINATED: 05/24/2016 ATTORNEY TO BE NOTICED
represented by Ann M Peacock Wisconsin Department of Justice Office of the Attorney General

Consolidated Defendant
Dr Burton Cox, Jr TERMINATED: 12/06/2017

17 W Main St PO Box 7857 Madison, WI 53707−7857 608−266−9230 Fax: 608−267−8906 Email: peacockam@doj.state.wi.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED
represented by Ann M Peacock (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laure C Rakvic−Farr (See above for address) ATTORNEY TO BE NOTICED

Date Filed 07/01/2015
07/01/2015 07/01/2015 07/01/2015
07/01/2015 07/06/2015 07/06/2015 07/06/2015 07/07/2015
07/08/2015 07/08/2015

# Docket Text
1 PRISONER COMPLAINT with jury demand filed against all Defendants by Carlos D Lindsey, Damien M Griffin, DeAndre Jerome Bernard, Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Certification as to Dismissals − Dominique D Gulley)(tlf)
2 MOTION for Leave to Proceed in forma pauperis by Dominique DeWayne Gulley−Fernandez. (tlf)
3 Prisoner Trust Fund Account Statement by Dominique DeWayne Gulley−Fernandez. (tlf)
4 LETTER from the Clerk to all Plaintiffs. Plaintiffs Griffin, Lindsey, and Bernard are directed to submit either the filing fee or IFP/Trust Account Statement and the consent/refusal form for Magistrate Judge Nancy Joseph within 21 days. Plaintiff Gulley−Fernandez is directed to submit the consent/refusal form within 21 days. (tlf)
5 LETTER from the Clerk to all Plaintiffs regarding the Prisoner E−Filing Program. (cc: All Counsel) (Attachments: # 1 Prisoner E−Filing Information Packet)(tlf)
6 CONSENT to Jurisdiction by US Magistrate Judge by Dominique DeWayne Gulley−Fernandez. (tlf)
7 AFFIDAVIT and MOTION for Injunction Hearing, MOTION for Temporary Restraining Order by Damien M Griffin. (tlf)
8 MOTION for Leave to Proceed in forma pauperis by Damien M Griffin. (tlf)
9 ORDER signed by Judge Rudolph T. Randa on 7/7/2015. Pursuant to 28 U.S.C. § 1915(b)(4) plaintiff not required to pay initial partial filing fee. Plaintiff to notify the Court by 7/28/2015 if he wishes to voluntarily dismiss to avoid incurring strike; upon expiration of that time the Court will determine whether action can continue in forma pauperis. (cc: all counsel, via mail to Dominique Gulley−Fernandez and Warden at Wisconsin Secure Program Facility)(cb)
10 LETTER from Dominique DeWayne Gulley−Fernandez regarding 9 Order. (Attachments: # 1 Clerk's Response Letter)(tlf)
11 LETTER from Dominique DeWayne Gulley−Fernandez providing additional information regarding this case. Plaintiff requests appointment of counsel and dismissal of co−defendants Barnard and Lindsey if they do not comply with 4 Letter from the Clerk. Plaintiff additionally requests a preliminary injunction hearing and a

07/09/2015 07/09/2015 07/10/2015 07/13/2015 07/13/2015
07/21/2015 07/21/2015 07/31/2015
08/03/2015 08/06/2015 08/06/2015 08/07/2015 08/12/2015 08/14/2015
08/26/2015
08/27/2015 08/31/2015

court conference hearing with all parties in the presence of a jury. (tlf)
12 REFUSAL to Consent to Jurisdiction by US Magistrate Judge by Carlos D Lindsey. (tlf)
13 MOTION for Leave to Proceed in forma pauperis by Carlos D Lindsey. (tlf)
14 MOTION to Change Venue by Dominique DeWayne Gulley−Fernandez on behalf of all plaintiffs. (aw)
15 MOTION for Order Referring Case to Magistrate Judge Nancy Joseph for Mediation filed by Dominique DeWayne Gulley−Fernandez on behalf of all plaintiffs. (tlf)
16 MOTION for Video/Telephone Settlement Conference, MOTION for Judgment Award of $30,000, MOTION for Preliminary Injunction, MOTION to Waive the Filing Fee and any Initial Partial Filing Fees, and, alternatively, MOTION to Transfer Case to USDC−Western District of Wisconsin if the court denies all requested relief. Filed by Dominique DeWayne Gulley−Fernandez on behalf of all plaintiffs. (tlf)
17 MOTION for Temporary Restraining Order and/or MOTION for Immediate Injunction Hearing by Dominique DeWayne Gulley−Fernandez. (tlf) (Entered: 07/22/2015)
18 AFFIDAVIT of Dominique DeWayne Gulley−Fernandez. (tlf) (Entered: 07/22/2015)
19 ORDER signed by Judge Rudolph T. Randa on 7/31/2015. Plaintiffs Griffin and Bernard each to submit petition to proceed in forma pauperis and 6−month trust account statement by 8/17/2015; Plaintiff Lindsey to submit 6−month trust account statement by 8/17/2015. Failure to file by stated deadline will result in dismissal from this action. (cc: all counsel, via mail to Warden, Damien Griffin, Carlos Lindsey at Wisconsin Secure Program Facility; Warden, Deandre Bernard at Green Bay Correctional Institution)(cb) (Entered: 08/03/2015)
Copy of 19 Order sent via mail to Dominique Gulley−Fernandez at Wisconsin Secure Program Facility (cb)
20 AFFIDAVIT and MOTION for Injunction Hearing, MOTION for Temporary Restraining Order by Damien M Griffin. (tlf)
21 MOTION for Leave to Proceed in forma pauperis by Damien M Griffin. (tlf)
22 MOTION to Dismiss Co−Plaintiff DeAndre Jerome Bernard by Damien M Griffin, Dominique DeWayne Gulley−Fernandez, Carlos D Lindsey. (tlf)
23 Prisoner Trust Fund Account Statement by Carlos D Lindsey. (tlf)
24 ORDER signed by Judge Rudolph T. Randa on 8/14/2015. Pursuant to 28 U.S.C. § 1915(b)(4) plaintiff not required to pay initial partial filing fee. Plaintiff to notify the Court by 9/4/2015 if he wishes to voluntarily dismiss to avoid incurring strike; upon expiration of that time the Court will determine whether action can continue in forma pauperis. (cc: all counsel, via mail to Carlos Lindsey at Wisconsin Secure Program Facility)(cb) (Entered: 08/17/2015)
25 ORDER signed by Judge Rudolph T. Randa on 8/26/2015. 22 Plaintiffs' MOTION to Dismiss Party GRANTED; Plaintiff DeAndre Jerome Bernard DISMISSED from this action. By 9/11/2015 Plaintiff Griffin to submit 6−month trust account statement or give reason why he can't submit it; failure to comply by stated date will result in Griffin's dismissal from this action. (cc: all counsel, via mail to Gulley−Fernandez, Griffin, Lindsey and Bernard)(cb) (Entered: 08/27/2015)
26 Prisoner Trust Fund Account Statement by Damien M Griffin. (tlf)
27 ORDER signed by Judge Rudolph T Randa on 8/31/2015. Pursuant to 28 U.S.C. § 1915(b)(4) Griffin not required to pay initial partial filing fee. Griffin to notify the Court by 9/21/2015 if he wishes to voluntarily dismiss to avoid incurring strike; upon expiration of that time the Court will determine whether action can continue in forma pauperis. (cc: all counsel, via mail to Damien Griffin and Warden at Wisconsin Secure Program Facility. (cb)

09/08/2015 09/08/2015 09/16/2015 09/16/2015 09/25/2015 09/25/2015 10/02/2015 10/08/2015 11/05/2015 12/01/2015
12/14/2015 12/29/2015 01/04/2016 01/19/2016 01/21/2016 01/29/2016

28 Copy of LETTER from Dominique DeWayne Gulley−Fernandez to Dr Gary Ankarlo. (tlf) (Entered: 09/09/2015)
29 Copy of Second LETTER from Dominique DeWayne Gulley−Fernandez to Dr Gary Ankarlo. (tlf) (Entered: 09/09/2015)
30 LETTER from Dominique DeWayne Gulley−Fernandez demanding that the Judge issue an order to try to settle this case. The plaintiff and co−plaintiffs are demanding a summary judgment and money judgment be entered in their favor. (tlf)
NOTICE of Change of Address as to Damien M Griffin to GBCI per 30 Letter; verified on WI DOC Inmate Locator. (tlf)
31 Copy of LETTER to Mark Heise, Director of Bureau of Classification and Movement, from Dominique DeWayne Gulley−Fernandez. (tlf)
32 Copy of LETTER to Catherine A Jess from Dominique DeWayne Gulley−Fernandez (Exhibit A1 for Cases 15cv995 and 15cv795). (tlf)
33 NOTICE of Change of Address as to Carlos D Lindsey to the Wisconsin Resource Center. (blr)
34 REQUEST by all Plaintiffs that free copies of all legal documents filed in Case 15−C−795 and Case 15−C−995 be provided to non−party Juan Quentin Ward at GBCI, who will be assisting plaintiffs with these cases. Plaintiffs advise that the correct name for defendant "Tanya Sebranek" is "Tori Sebranek". (tlf)
35 LETTER from Dominique DeWayne Gulley−Fernandez requesting the court to explain why it has not responded to the complaint and asking whether or not plaintiffs will be allowed to proceed with their claims. (tlf)
36 ORDER signed by Judge Rudolph T. Randa on 12/1/2015. 2 Gulley−Fernandez's MOTION for Leave to Proceed in forma pauperis GRANTED. 7 20 Griffin's MOTIONS for Injunction Hearing/Temporary Restraining Order DENIED. 8 Griffin's MOTION for Leave to Proceed in forma pauperis GRANTED. 13 Lindsey's MOTION for Leave to Proceed in forma pauperis GRANTED. 14 Gulley−Fernandez's MOTION to Change Venue DENIED. 15 Gulley−Fernandez's MOTION for Order Referring Case for Mediation DENIED. 16 Gulley−Fernandez's MOTION for Settlement Conference/Judgment Award of $30,000/Preliminary Injunction/Waiver of Filing Fee/Transfer of Case DENIED. 17 Gulley−Fernandez's MOTION for Temporary Restraining Order/Injunction Hearing DENIED. 21 Griffin's MOTION for Leave to Proceed in forma pauperis DENIED as moot. On or before 1/4/2016 plaintiffs to inform Court if they want to proceed jointly in this case. Wis. Dept. of Corrections to collect $350 balance of filing fee from each plaintiff's prison trust account. (cc: all counsel, via mail to plaintiffs(with prisoner complaint form), Wardens Wisconsin Secure Program Facility, Green Bay Correctional Institution)(cb) (Entered: 12/02/2015)
37 MOTION for Extension of Time to File Amended Complaint by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Exhibits (with bookmarks))(tlf)
38 MOTION for Extension of Time by Damien M Griffin. (mec)
39 AMENDED COMPLAINT with Jury Demand against Gary Ankarlo, Gary Boughton, David Gardner, Stacey Hoem, Tracy Johnson, Kevin Kallas, Christa K Morrison filed by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Exhibits 1−3 (with bookmarks))(tlf)
40 Copy of LETTER from Dominique DeWayne Gulley−Fernandez to Jason Benzel re transfer to another maximum or medium facility, with attached exhibits (with bookmarks). (tlf)
41 NOTICE of Voluntary Dismissal by Damien M Griffin; Party Damien M Griffin dismissed from case. (tlf)
43 ORDER signed by Judge Rudolph T. Randa on 1/29/2016. 37 Gulley−Fernandez's MOTION for Extension of Time to File Amended Complaint DENIED as moot. 38 Griffin's MOTION for Extension of Time DENIED as moot. Plaintiff Carlos D. Lindsey DISMISSED from case. 39 Amended Complaint is operative complaint in this

02/01/2016 02/04/2016 02/10/2016 02/11/2016 02/15/2016 02/15/2016 02/15/2016 02/16/2016 02/22/2016 03/08/2016 03/10/2016 03/10/2016
03/14/2016 03/21/2016
03/24/2016

action. Defendants to file responsive pleading within 60 days. (cc: all counsel, via mail to Dominique Gulley−Fernandez and Carlos Lindsey at Wisconsin Secure Program Facility)(cb) (Entered: 02/03/2016)
42 PROPOSED AMENDED COMPLAINT against David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek filed by Dominique DeWayne Gulley−Fernandez.(tlf) Modified on 2/2/2016 (blr).
44 MOTION to Dismiss Defendants David Gardner and Gary Boughton by Dominique DeWayne Gulley−Fernandez. (tlf)
45 LETTER from Dominique DeWayne Gulley−Fernandez requesting copies of docket sheets and that the Court issue a Scheduling Order and deadlines for Case 15−C−995. (Attachments: # 1 Clerk's Response Letter; docket sheets mailed to plaintiff)(tlf)
46 MOTION to Appoint Counsel by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Ex 14−16 (with bookmarks))(tlf)
47 ACCEPTANCE OF SERVICE BY DOJ as to Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek (Schmelzer, Jody)
48 NOTICE of Appearance by Jody J Schmelzer on behalf of Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek. Attorney(s) appearing: Jody J. Schmelzer (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)
49 Refusal to Jurisdiction by US Magistrate Judge by Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek. (Schmelzer, Jody)
50 MOTION for Diagnostic Evaluation by an Independent Licensed Psychologist and Psychiatrist by Dominique DeWayne Gulley−Fernandez. (tlf) (Entered: 02/17/2016)
51 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction and BRIEF IN SUPPORT by Dominique DeWayne Gulley−Fernandez. (tlf) (Entered: 02/23/2016)
52 CERTIFICATION as to Three or More Dismissals as to Dominique DeWayne Gulley−Fernandez. (tlf)
53 MOTION to Consolidate Cases Pursuant to Rule 42(a) by Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek. (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)
54 RESPONSE to Motion filed by Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek re 51 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 50 MOTION for Diagnostic Evaluation by an Independent Licensed Psychologist and Psychiatrist . (Schmelzer, Jody)
55 MOTION to Consolidate Cases and MOTION to Mediate Cases with Defendants by Dominique DeWayne Gulley−Fernandez. (tlf)
56 Order Consolidating Cases signed by Judge Rudolph T. Randa on 3/21/2016. 44 Plaintiff's MOTION to Dismiss Party GRANTED; Defendants Gary Boughton and David Gardner DISMISSED. 46 Plaintiff's MOTION to Appoint Counsel DENIED. 50 Plaintiff's MOTION for Diagnostic Evaluation DENIED. 51 Plaintiff's MOTION for Temporary Restraining Order/Preliminary Injunction DENIED. 53 Defendants' MOTION to Consolidate Cases and 55 Plaintiff's MOTION to Consolidate Cases GRANTED; Case Nos. 15−C−795 and 15−C−995 CONSOLIDATED; All future filings to be made in 15−C−795. 55 Plaintiff's MOTION to Mediate Cases DENIED without prejudice. Plaintiff to file comprehensive amended complaint by 4/22/2016. (cc: all counsel, via mail to Dominique Gulley Fernandez at Wisconsin Secure Program Facility)(cb) (Entered: 03/22/2016)
57 AMENDED COMPLAINT with Jury Demand against Gary Ankarlo, Gary Boughton, Bureau of Health Services, David Gardner, Tracy Johnson, Kevin Kallas, Christa K Morrison, Daniel Winkleski, and Wisconsin Department of Corrections filed by

03/24/2016 03/24/2016 03/24/2016 03/29/2016 03/31/2016
04/14/2016
04/14/2016 04/18/2016 04/18/2016 04/18/2016 04/19/2016 04/22/2016 04/26/2016 04/29/2016
05/02/2016 05/02/2016 05/10/2016
05/10/2016

Dominique DeWayne Gulley−Fernandez.(tlf)
58 INTRODUCTION to Transgender and Facts by Dominique DeWayne Gulley−Fernandez. (tlf)
59 DECLARATION of Dominique DeWayne Gulley−Fernandez authorizing J Quentin C Ward to act on his behalf. (tlf)
60 DISCOVERY DOCUMENTS. Interrogatories to Defendants by Dominique DeWayne Gulley−Fernandez and other discovery requests filed as attachments. (Attachments: # 1 Request for Production of Documents, # 2 Request for Admissions)(tlf)
61 ANSWER to 39 Amended Complaint, with Jury Demand by Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek. (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)
62 COMPREHENSIVE AMENDED COMPLAINT with jury demand against Gary Ankarlo, Gary Boughton, Bureau of Health Services, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Cynthia S Osborne, and Torria Van Buren filed by Dominique DeWayne Gulley−Fernandez.(tlf)
63 NOTICE of Appearance Substitution by Laure C Rakvic−Farr on behalf of Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Cynthia S Osborne, Torria Van Buren. Attorney(s) appearing: Laure Rakvic−Farr (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure) Modified on 4/14/2016 (blr).
64 MOTION to Stay Discovery Pending Entry of the Court's Screening Order by Gary Ankarlo, Gary Boughton, David Gardner, Troy Hermans, Tracy Johnson, Kevin Kallas, Christa K Morrison. (Rakvic−Farr, Laure)
65 MOTION for Mediation by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Cover Letter)(tp)
66 MOTION to allow use of US Mail rather than only e−filing documents by Dominique DeWayne Gulley−Fernandez. (tp)
67 MOTION for Temporary Restraining Order and MOTION for Injunctive Relief by Dominique DeWayne Gulley−Fernandez. (tp)
68 EXHIBITS (with bookmarks) by Dominique DeWayne Gulley−Fernandez. (tlf)
69 RESPONSE to Defendants' Response to Interrogatories by Dominique DeWayne Gulley−Fernandez (tlf)
70 EXHIBITS (with bookmarks) by Dominique DeWayne Gulley−Fernandez. (tlf)
71 ORDER signed by Judge Pamela Pepper for Judge Rudolph T. Randa on 4/29/2016. Defendant Bureau of Health Services, Inc. DISMISSED. Defendants Haines, Dawson, Landers, Van Buren, Morrison, Osborne and Hermans to file responsive pleading within 60 days. Defendants Johnson, Ankarlo, Gardner, Boughton, and Kallas to file responsive pleading within 30 days. (cc: all counsel, via mail to Dominique Gulley−Fernandez at Wisconsin Secure Program Facility)(cb)
72 Copies of LETTERS from Dominique DeWayne Gulley−Fernandez to Peter J Quinn and Anita M Sorensen re pro bono representation. (tlf)
73 MOTION for Summary Judgment by Dominique DeWayne Gulley−Fernandez. (tlf)
74 MOTION to Strike Plaintiff's Motion for Summary Judgment (Dkt. 73) by Gary Ankarlo, Gary Boughton, David Gardner, Troy Hermans, Tracy Johnson, Kevin Kallas, Christa K Morrison. (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
75 RESPONSE to Motion filed by Gary Ankarlo, Gary Boughton, David Gardner, Troy Hermans, Tracy Johnson, Kevin Kallas, Christa K Morrison re 66 MOTION to allow Mail rather than only e−filing documents, 67 MOTION for Temporary Restraining Order MOTION for Relief, 65 MOTION for Relief . (Rakvic−Farr, Laure)

05/10/2016 05/12/2016 05/16/2016 05/19/2016 05/20/2016 05/23/2016
05/23/2016 05/23/2016 05/24/2016 05/26/2016 05/26/2016 06/03/2016
06/07/2016 06/07/2016 06/14/2016 06/20/2016

76 DECLARATION of David Gardner (Attachments: # 1 Exhibit 1002 − Conduct Report #2732082)(Rakvic−Farr, Laure)
77 MOTION to Dismiss lead Case 15−CV−795 and Proceed with 15−CV− 995 by Dominique DeWayne Gulley−Fernandez. (tp)
78 RESPONSE to Motion filed by Gary Ankarlo, Tracy Johnson, Kevin Kallas, Christa K Morrison re 77 MOTION to Dismiss . (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
79 STRICKEN pursuant to 87 PROPOSED Amended Complaint filed by Dominique DeWayne Gulley−Fernandez. (tp) Modified on 6/6/2016 (blr).
80 STRICKEN pursuant to 87 PROPOSED AMENDED COMPLAINT filed by Dominique DeWayne Gulley−Fernandez. (tp) Modified on 6/6/2016 (blr).
81 MOTION to Strike Plaintiff's Proposed Amended Complaint (Dkt. 79), MOTION to Stay Defendants' Obligation to Respond to Any Further Pleadings, Motions, and Discovery Until Such Time As Plaintiff's Pleadings Are In Final Form by Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren. (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
82 ANSWER to 62 Amended Complaint, with Jury Demand by Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren.(Rakvic−Farr, Laure)
83 ACCEPTANCE OF SERVICE BY DOJ as to Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren (Rakvic−Farr, Laure)
84 SERVICE CANCELLED pursuant to 84 TRANSMIT 62 Amended Complaint, 71 Order, Notice, Waiver and Consent Form to USMS for service upon defendant Cynthia S. Osborne. (blr) Modified on 5/26/2016 (blr).
85 ACCEPTANCE OF SERVICE BY DOJ as to Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Cynthia S Osborne, Torria Van Buren (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
86 MOTION to Quash, MOTION to Strike by Dominique DeWayne Gulley−Fernandez. (tp). Added MOTION to Strike on 5/27/2016 (blr).
87 ORDER signed by Judge Rudolph T. Randa on 6/3/2016. 64 Defendants' MOTION to Stay Discovery Pending Entry of the Court's Screening Order DENIED as moot. 65 Plaintiff's MOTION for Mediation DENIED. 66 Plaintiff's MOTION to allow Mail rather than only e−filing documents DENIED. 67 Plaintiff's MOTION for Temporary Restraining Order/MOTION for Injunctive Relief DENIED. 73 Plaintiff's MOTION for Summary Judgment DENIED. 74 Defendants' MOTION to Strike Plaintiff's Motion for Summary Judgment DENIED as moot. 77 Plaintiff's MOTION to Dismiss Lead Case and Proceed with 15−C−995 DENIED without prejudice; if Plaintiff wants to dismiss claims and/or defendants, he should do so within 10 days. 81 Defendants' MOTION to Strike Plaintiff's Proposed Amended Complaint/MOTION to Stay GRANTED; Plaintiff's amended complaints 79 80 STRICKEN. 86 Plaintiff's MOTION to Quash/MOTION to Strike DENIED. (cc: all counsel, via mail to Dominique Gulley−Fernandez at Wisconsin Secure Program Facility)(cb)
88 MOTION for Entry of a Scheduling Order and MOTION for Preliminary Injunction by Dominique DeWayne Gulley−Fernandez. (tlf)
89 NOTICE of Appearance by Christina A Katt on behalf of Cynthia S Osborne. Attorney(s) appearing: Christina A. Katt (Katt, Christina)
90 MOTION to allow Plaintiff to proceed on his Comprehensive Amended Complaint by Dominique DeWayne Gulley−Fernandez. (tlf)
91 ORDER signed by Judge Rudolph T. Randa on 6/20/2016. 88 Plaintiff's MOTION for Scheduling Order GRANTED. 88 Plaintiff's MOTION for Preliminary Injunction

06/20/2016
06/22/2016
06/27/2016 06/28/2016 06/28/2016 07/06/2016 07/06/2016 07/14/2016 07/15/2016 07/19/2016
07/20/2016
07/28/2016 08/02/2016 08/02/2016
08/03/2016 08/08/2016 08/08/2016 08/12/2016 08/16/2016

DENIED. 90 Plaintiff's MOTION to proceed on his Comprehensive Amended Complaint GRANTED; ECF No. 62 is now operative complaint in this action. (cc: all counsel, via mail to Dominique Gulley−Fernandez at Wisconsin Secure Program Facility)(cb)
92 SCHEDULING ORDER signed by Judge Rudolph T. Randa on 6/20/2016. Discovery due 9/19/2016; Dispositive Motions due 10/21/2016. (cc: all counsel, via mail to Dominique Gulley−Fernandez at Wisconsin Secure Program Facility)(cb)
93 RESPONSE filed by Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Cynthia S Osborne, Torria Van Buren re 91 Order, Terminate Motions,, (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
94 COPY OF Dept of Corrections DOCUMENTS regarding legal loan extension. (blr) (Entered: 06/28/2016)
95 MOTION to Dismiss by Cynthia S Osborne. (Katt, Christina)
96 BRIEF in Support filed by Cynthia S Osborne re 95 MOTION to Dismiss . (Katt, Christina)
97 MOTION to Appoint Counsel by Dominique DeWayne Gulley−Fernandez. (tlf)
98 MOTION to Substitute Judge by Dominique DeWayne Gulley−Fernandez. (tlf)
99 DECLARATION of Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Ex 001 Discharge Summary)(tlf)
100 DECLARATION of Dominique DeWayne Gulley−Fernandez. (tlf)
101 NOTICE of Appearance by Samuel T Berg on behalf of Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Cynthia S Osborne, Torria Van Buren. Attorney(s) appearing: Samuel T. Berg (Attachments: # 1 Certificate of Service)(Berg, Samuel)
102 AMENDED NOTICE of Appearance by Samuel T Berg on behalf of Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren. Attorney(s) appearing: Samuel T. Berg (Attachments: # 1 Certificate of Service)(Berg, Samuel) Modified on 7/20/2016 (jcl).
103 REPLY BRIEF in Support filed by Cynthia S Osborne re 95 MOTION to Dismiss . (Attachments: # 1 Certificate of Service)(Katt, Christina)
104 MOTION to Dismiss Party Cynthia S Osborne by Dominique DeWayne Gulley−Fernandez. (tlf)
Due to the unavailability of Judge Rudolph T. Randa, this case has been reassigned to Magistrate Judge David E Jones. Consent/refusal forms for Magistrate Judge David E. Jones to be filed within 21 days. The consent/refusal form is available at the court's web site: www.wied.uscourts.gov. (blr)
105 LETTER from the clerk to plaintiff re case reassignment and requesting that the consent/refusal form be filed within 21 days. (blr)
106 REFUSAL to Consent to Jurisdiction by US Magistrate Judge by Dominique DeWayne Gulley−Fernandez. (tlf)
Case Reassigned to Judge Lynn Adelman. Magistrate Judge David E Jones no longer assigned to the case due to non−consent. (amb)
107 Copy of LETTER to Gary A Boughton from Dominique DeWayne Gulley−Fernandez. (tlf)
108 DECISION AND ORDER signed by Judge Lynn Adelman on 8/16/16 denying without prejudice 97 Motion to Appoint Counsel; denying as moot 98 Motion for Recusal. (cc: all counsel, via USPS to plaintiff) (dm)

08/19/2016 08/22/2016
08/23/2016 08/23/2016 08/25/2016 08/31/2016
08/31/2016 09/01/2016
09/07/2016 09/12/2016
09/12/2016 09/13/2016 09/13/2016 09/19/2016 09/26/2016 10/05/2016 10/05/2016 10/11/2016

109 LETTER from Assistant Attorney General Laure Rakvic−Farr re: Review of Warden Boughton's Letter. (Rakvic−Farr, Laure)
110 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction, and MOTION for Injunction Hearing by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Exhibits (with bookmarks))(tlf) (Entered: 08/23/2016)
111 MOTION for Discovery and Inspection by Dominique DeWayne Gulley−Fernandez. (tlf)
112 Exhibit List by Dominique DeWayne Gulley−Fernandez with attached Exhibit 8H. (tlf)
113 EXHIBIT 6F by Dominique DeWayne Gulley−Fernandez. (tlf)
114 Joint MOTION to Stay Discovery and Motion for Summary Judgment Deadlines by Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren. (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
115 DECLARATION (Unsigned) of Dominique DeWayne Gulley−Fernandez. (tlf)
116 ORDER signed by Judge Lynn Adelman on 9/1/16 that defendant Osbornes motion to dismiss 95 is GRANTED. Defendant Osborne is DISMISSED from this action with prejudice. Further ordering that plaintiffs motion to dismiss Osborne 104 is GRANTED in part, as to the dismissal of Osborne, and DENIED in part, as to her request for dismissal without prejudice. Further ordering that defendants response to plaintiffs motion for temporary restraining order and/or preliminary injunction is due by September 12, 2016. Further ordering that plaintiffs motion for discovery and inspection 111 is DENIED. Further ordering that defendants motion to stay discovery and motion for summary judgment deadlines 114 is DENIED AS MOOT. Further ordering that defendants request to extend the deadlines for the completion of discovery and to file dispositive motions is GRANTED as follows: discovery cutoff is November 4, 2016, and dispositive motions are due December 5, 2016. (cc: all counsel, via USPS to plaintiff) (dm)
117 MOTION to Stay all Decisions and Pending Motions/Judgments by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Letter)(tlf)
118 RESPONSE to Motion filed by Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren re 110 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Hearing . (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
119 DECLARATION of David Gardner Supplemental Declaration of David Gardner (Rakvic−Farr, Laure)
120 REQUEST for Production of Documents by Dominique DeWayne Gulley−Fernandez.(tlf)
121 DISCOVERY NOTICE sent to Dominique DeWayne Gulley−Fernandez. (tlf)
122 SUPPLEMENTAL DECLARATION of Dominique Dewayne Gulley−Fernandez (cav)
123 REVISED SUPPLEMENTAL DECLARATION of Dominique DeWayne Gulley−Fernandez. (tlf) (Entered: 09/27/2016)
124 LETTER from Dominique DeWayne Gulley−Fernandez requesting transfer to another prison. (tlf)
125 Copy of Letter from Dominique DeWayne Gulley−Fernandez to Mark Heise re "Upcoming Classification Hearing". (tlf)
126 Copy of a Letter to Warden Boughton from Dominique DeWayne Gulley−Fernandez (marked "Exhibit DF"). (tlf)

10/14/2016
10/17/2016 10/21/2016
10/25/2016 10/25/2016 10/25/2016 10/27/2016
11/02/2016 11/03/2016
11/04/2016 11/16/2016 11/21/2016 11/22/2016 12/01/2016 12/12/2016
01/05/2017 01/20/2017 01/31/2017
02/17/2017

127 SCHEDULING ORDER signed by Judge Lynn Adelman on 10/14/16. Status Conference set for 10/21/2016 01:30 PM by telephone before Judge Lynn Adelman. The court will initiate the call. Counsel should call 414−297−1285 to provide contact information. (cc: all counsel, via USPS to plaintiff)(dm)
128 Copy of LETTER to Mark Heise from Dominique DeWayne Gulley−Fernandez. (tlf)
129 Minute Order Proceedings held before Judge Lynn Adelman: Telephonic Status Conference held on 10/21/2016; Denying 110 Motion for TRO as moot; Denying 110 Motion for Preliminary Injunction as moot; Denying 110 Motion for Hearing as moot; and Denying 117 Motion to Stay as moot; Plaintiff states that he has PRC hearing soon and that he is willing to drop his lawsuit if he is transferred to a different institution, such as Waupun, RCI or Oshkosh. Defendants' counsel states that he will talk to the officials responsible for making PRC decision and see what he can do.(Status Conference set for 12/12/2016 11:30 AM in By Telephone before Judge Lynn Adelman.)(Court Reporter Heidi Trapp.)See minutes for further details. (bx) (Entered: 10/24/2016)
130 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction Hearing by Dominique DeWayne Gulley−Fernandez. (lh)
131 DECLARATION of Dominique Dewayne Gulley−Fernandez (lh)
132 REQUEST by Dominique DeWayne Gulley−Fernandez for rescheduling of deposition. (lh)
133 MOTION to Stay Discovery and Dispositive Motion Deadlines by Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren. (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
134 LETTER from Christina A. Katt to the Court. (Katt, Christina)
135 ORDER signed by Judge Lynn Adelman on 11/3/16 that plaintiffs motion for temporary restraining order and preliminary injunction 130 is DENIED. Further ordering that defendants motion to stay discovery and dispositive motion deadlines 133 is GRANTED. (cc: all counsel, via USPS to plaintiff) (dm)
136 MOTION for Settlement by Dominique DeWayne Gulley−Fernandez. (tlf)
137 AFFIDAVIT/LETTER to the Court by Dominique DeWayne Gulley−Fernandez. (tlf)
138 COPY of LETTER with attachments from D. Gulley−Fernandez to Jim Schwochert. (lh)
139 DECLARATION of Dominique Gulley−Fernandez (cav)
140 DECLARATION of Dominique DeWayne Gulley−Fernandez. (tlf)
141 Minute Entry for proceedings held before Judge Lynn Adelman:Telephonic Status Conference held on 12/12/2016;Parties to proceed with plaintiff's deposition and reassessment by Cynthia Osborn; Telephonic Status Conference set for 4/5/2017 10:30 AM before Judge Lynn Adelman (jcl) (Entered: 12/13/2016)
142 DECLARATION of Dominique DeWayne Gulley−Fernandez. (tlf)
143 MOTION for Temporary Restraining Order and/or MOTION for Preliminary Injunction by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Exhibit HH Case 15CV795 Adult Conduct Report)(lh)
144 NOTICE by Gary Ankarlo, Gary Boughton, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Torria Van Buren Notice Regarding Expert Witness Cynthia Osborne (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
145 MOTION for Substitution of Presiding Judge by Dominique DeWayne Gulley−Fernandez. (received by WSPF for filing on 2/17/17)(lh) (Entered: 02/21/2017)

04/05/2017 04/05/2017
04/26/2017 04/26/2017
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08/03/2017
09/15/2017
09/18/2017 10/23/2017

Telephonic Status Conference set for 4/5/2017 10:30 AM before Judge Lynn Adelman has been rescheduled to 4/5/2017 at 3:00 PM. (cc: all counsel, plaintiff) (gc)
146 Minute Entry for proceedings held before Judge Lynn Adelman:Telephonic Status Conference held on 4/5/2017; Discussion of the status of the re−evaluation of the plaintiff. So far, Cynthia Osborne has refused to participate in the re−evaluation because,among other reasons, she fears that the plaintiff will sue her based on her participation in the re−evaluation. The plaintiff states that she would be more comfortable with Cynthia Osborne conducting the evaluation. A telephonic Status Conference set for 4/26/2017 11:00 AM before Judge Lynn Adelman; See minutes for further details (jcl) (Entered: 04/06/2017)
147 LETTER from Assistant Attorney General Laure Rakvic−Farr . (Attachments: # 1 Letter from Attorney Hammer dated April 10, 2017, # 2 Certificate of Service)(Rakvic−Farr, Laure)
148 Minute Entry for proceedings held before Judge Lynn Adelman:Telephonic Status Conference held on 4/26/2017; Discussion of the status of the reevaluation of the plaintiff. Cynthia Osborn still says no because of the ethical concerns, but defendants have retained a different consultant, Dr. Chester Schmidt. Defendants anticipate that reevaluation and plaintiff's deposition can be completed in 6 to 8 weeks. A Telephonic Status Conference set for 7/12/2017 11:30 AM before Judge Lynn Adelman; Court DENIES pending motions (ECF Nos. 136 , 143 , and 145 ) (jcl) (Entered: 04/27/2017)
149 DECLARATION of Dominique D. Gulley−Fernandez (lh)
150 DECLARATION of Dominique DeWayne Gulley−Fernandez. (tlf)
154 Order Consolidating Cases signed by Judge Lynn Adelman on 5/4/17. Case No. 17−C−347 is consolidated with this case, 15−C−795, and all future filings related to 17−C−347 will be made in 15−C−795. (cc: all counsel)(kmm) (Entered: 07/12/2017)
151 MOTION to Appoint Counsel by Dominique DeWayne Gulley−Fernandez. (Attachments: # 1 Letters from Counsel)(tlf)
152 Copies of LETTERS from Dominique DeWayne Gulley−Fernandez (with bookmarks). (tlf)
153 Copy of LETTER from Kevin Kallas MD filed by Dominique DeWayne Gulley−Fernandez. (tlf)
155 Minute Entry for proceedings held before Judge Lynn Adelman:Telephonic Status Conference held on 7/12/2017; Defendants state that plaintiff is scheduled to have an assessment with Dr. Schmidt in Milwaukee on 07/13/2017. Defendants will wait until plaintiff's assessment is complete to schedule plaintiff's deposition. Court DENIES WITHOUT PREJUDICE plaintiff's motion to appoint counsel (ECF No 151 )A telephone Status Conference set for 9/15/2017 11:00 AM before Judge Lynn Adelman (jcl) (Entered: 07/27/2017)
156 PROPOSED RE−COMPREHENSIVE AMENDED COMPLAINT against Gary Ankarlo, Gary Boughton, Burton Cox, Jr, Shirley Dawson, David Gardner, Timothy Haines, Mark Heise, Troy Hermans, Stacey Hoem, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Tori Sebranek, Torria M Van Buren filed by Dominique DeWayne Gulley−Fernandez.(mac) Modified on 11/15/2017 (jcl).
158 Minute Entry for proceedings held before Judge Lynn Adelman:Telephonic Status Conference held on 9/15/2017; Dr. Schmidt has completed reassessment of plaintiff, and they are awaiting his report. Defendants to take plaintiff's deposition on September 22,2017. At plaintiff's request, counsel for defendants will try to arrange for deposition to occur at Milwaukee Secure Detention Facility. Court sets Dispositive Motion deadline of 11/17/2017. (jcl) (Entered: 09/18/2017)
157 NOTICE by Gary Ankarlo, Gary Boughton, David Gardner, Mark Heise, Stacey Hoem, Cathy A Jess, Tracy Johnson, Tori Sebranek to the Court Regarding Location of Plaintiff Deposition (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
159 MOTION for Summary Judgment and MOTION to Dismiss Parties: Dr. Torria Van Buren, Dr. Gary Ankarlo, Dr. Kevin Kallas, Dr. Victoria Sebranek, Dr. Burton J. Cox, Timothy Haines and Troy Hermans by Dominique DeWayne Gulley−Fernandez.

11/13/2017
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11/28/2017
11/30/2017 12/06/2017
12/06/2017
12/15/2017 12/15/2017 12/15/2017 12/15/2017

(mac)
160 MOTION for Extension of Time by Gary Ankarlo, Gary Boughton, Burton Cox, Jr, Shirley Dawson, David Gardner, Timothy Haines, Mark Heise, Troy Hermans, Stacey Hoem, Cathy A Jess, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, T. Sebranek, Torria M Van Buren. (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
TEXT ONLY ORDER signed by Judge Lynn Adelman on 11/15/2017 granting Defendant's Motion to Extend the Dispositive Motion Deadline 160 . Motion for summary judgment due by 11/28/2017. (cc: all counsel, plaintiff)(gc)
161 MOTION for Summary Judgment by Gary Ankarlo, Gary Boughton, Burton Cox, Jr, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Tori Sebranek, Torria M Van Buren. (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
162 DECLARATION of Shirley Dawson, M.D. (Rakvic−Farr, Laure)
163 DECLARATION of David Gardner (Rakvic−Farr, Laure)
164 DECLARATION of Christa Morrison (Attachments: # 1 Exhibit 1003 − Inmate Classification Reports)(Rakvic−Farr, Laure)
165 DECLARATION of Laure Rakvic−Farr (Attachments: # 1 Exhibit 1004 − PSU excerpt, # 2 Exhibit 1006 − Gulley Depo Transcript, # 3 Exhibit 1007 − Dr. Chester Schmidt's Report)(Rakvic−Farr, Laure)
166 DECLARATION of Ellen Ray (Attachments: # 1 Exhibit 1005 − Mental Health Screen for WSPF)(Rakvic−Farr, Laure)
167 BRIEF in Support filed by Gary Ankarlo, Gary Boughton, Burton Cox, Jr, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Tori Sebranek, Torria M Van Buren re 161 MOTION for Summary Judgment . (Rakvic−Farr, Laure)
168 Proposed Findings of Fact by Gary Ankarlo, Gary Boughton, Burton Cox, Jr, Shirley Dawson, David Gardner, Timothy Haines, Troy Hermans, Tracy Johnson, Kevin Kallas, Dawn Landers, Christa K Morrison, Tori Sebranek, Torria M Van Buren (Rakvic−Farr, Laure)
169 MOTION for Summary Judgment Relief, MOTION for Settlement by Dominique DeWayne Gulley−Fernandez. (mac)
170 ORDER granting 159 MOTION to Dismiss Parties; denying 159 MOTION for Summary Judgment; denying 169 MOTION for Summary Judgment Relief and MOTION for Settlement. Defendants Timothy Haines (former Warden), Troy Hermans (former Deputy Warden), Kevin Kallas, Tori Sebranek (sued as "Tanya Sebranek"), Tori Sebranek, Torria M Van Buren, Gary Ankarlo and Burton Cox, Jr. are DISMISSED. Plaintiff's response to motion for summary judgment due by 12/28/2017. Signed by Judge Lynn Adelman on 12/6/2017. (cc: all counsel, plaintiff)(gc)
171 NOTICE of Appearance by Timothy M Barber on behalf of Gary Boughton, Shirley Dawson, David Gardner, Mark Heise, Stacey Hoem, Tracy Johnson, Dawn Landers, Christa K Morrison. Attorney(s) appearing: Timothy M. Barber (Attachments: # 1 Certificate of Service)(Barber, Timothy)
172 MOTION for Diagnostic Evaluation by Dominique DeWayne Gulley−Fernandez. (mac)
173 MOTION to Appoint Counsel by Dominique DeWayne Gulley−Fernandez. (mac) (Main Document 173 replaced on 12/19/2017 with signed version) (mac).
174 Settlement Offer by Dominique DeWayne Gulley−Fernandez. (mac)
175 MOTION for Summary Judgment by Dominique DeWayne Gulley−Fernandez. (mac)

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07/08/2019

176 DECLARATION of Dominique Gulley−Fernandez (Attachments: # 1 Bookmarked Exhibits)(mac) (Main Document 176 replaced on 5/16/2018) (jcl).
177 DECLARATION of Lawrence Harris (mac)
178 DECLARATION of Willie J King Jr (mac) (Main Document 178 replaced on 5/16/2018) (jcl).
179 MOTION for Injunctive Relief by Dominique DeWayne Gulley−Fernandez. (tlf)
180 BRIEF in Opposition filed by Gary Boughton, Shirley Dawson, David Gardner, Mark Heise, Stacey Hoem, Tracy Johnson, Dawn Landers, Christa K Morrison re 179 MOTION for Relief . (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
181 REPLY BRIEF in Support filed by Dominique DeWayne Gulley−Fernandez re 179 MOTION for Relief. (lh)
182 MOTION for John Doe Criminal Investigation by Dominique DeWayne Gulley−Fernandez. (mac)
183 LETTER from Dominique DeWayne Gulley−Fernandez re Introduction to Transgender and Facts. (mac)
184 ORDER signed by Judge Lynn Adelman on 5/25/18. IT IS ORDERED that defendants' motion summary judgment 161 is GRANTED. IT IS FURTHER ORDERED that plaintiff's motion for diagnostic evaluation 172 is DENIED. IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel 173 is DENIED. IT IS FURTHER ORDERED that plaintiff's motion for summary judgment 175 is DENIED. IT IS FURTHER ORDERED that plaintiff's motion for injunctive relief 179 is DENIED. IT IS FURTHER ORDERED that plaintiff's motion for John Doe criminal investigation 182 is DENIED. FINALLY, IT IS ORDERED that the Clerk of Court shall enter final judgment. (cc: all counsel, plaintiff) (jad)
185 JUDGMENT signed by Deputy Clerk on 5/25/18. (cc: all counsel, plaintiff)(jad)
186 MOTION to Vacate judgment by Dominique DeWayne Gulley−Fernandez. (lh)
187 RESPONSE to Motion filed by Gary Boughton, Shirley Dawson, David Gardner, Tracy Johnson, Dawn Landers, Christa K Morrison re 186 MOTION to Vacate . (Attachments: # 1 Certificate of Service)(Rakvic−Farr, Laure)
188 REPLY BRIEF in Support filed by Dominique DeWayne Gulley−Fernandez re 186 MOTION to Vacate Judgment. (mac)
189 MOTION to Alter/Amend Judgment by Dominique DeWayne Gulley−Fernandez. (mac)
190 ORDER signed by Judge Lynn Adelman on 11/1/18 denying 186 Motion to Vacate and denying 189 Motion to Alter Judgment. (cc: all counsel, plaintiff) (jad) (Entered: 11/02/2018)
191 FILING FEE PAID IN FULL (bx)

 
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 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

DOMINIQUE DEWAYNE GULLEY-FERNANDEZ,
Plaintiff,

v.

Case No. 15-C-795

DR. TRACY JOHNSON, DAVID GARDNER, WARDEN GARY BOUGHTON, CHRISTA K. MORRISON, DR. SHIRLEY DAWSON, and DR. DAWN LANDERS,
Defendants. ______________________________________________________________________

DECISION AND ORDER

The pro se plaintiff, Dominique DeWayne Gulley-Fernandez, is incarcerated at the Wisconsin Secure Program Facility. Plaintiff alleges that defendants violated her1

rights under the Eighth Amendment to the United States Constitution and state law

because they have not properly treated her gender identity disorder and continue to

house her at an institution that is harmful to her condition. The parties have filed cross-

motions for summary judgment. In addition, plaintiff has filed a motion for diagnostic

evaluation, a motion to appoint counsel, a motion for injunctive relief, and a motion for a

John Doe criminal investigation. Because the undisputed facts establish that plaintiff

does not have gender identity disorder and that defendants did not act with deliberate

1 Plaintiff is a biological male and has never been diagnosed as transgender. However, out of respect for plaintiff’s stated preference for the feminine pronoun, I will use feminine pronouns in this decision.
Case 2:15-cv-00795-LA Filed 05/25/18 Page 1 of 21 Document 184

indifference to her condition, I will grant defendants’ motion for summary judgment, deny plaintiff’s summary judgment motion, and dismiss this case.
PROCEDURAL BACKGROUND On March 21, 2016, the court consolidated this case with Gulley-Fernandez v. Johnson, Case Number 15-cv-995-RTR (E.D. Wis.). (ECF No. 56.) Plaintiff filed her comprehensive amended complaint on March 31, 2016. (ECF No. 62.) She alleged that defendants have failed to treat her gender identity disorder and mental health issues, and that defendants have continued to house her near inmates who sexually harass and abuse her. I subsequently screened plaintiff’s comprehensive amended complaint and allowed her proceed on these claims under the Eighth Amendment. (ECF No. 71.) On May 4, 2017, I consolidated Case No. 17-cv-1347-LA with this case. (ECF No. 154.) In that case, which was transferred from the Western District of Wisconsin, plaintiff alleged that defendants Tracy Johnson, David Gardner, T. Sebranek, and Dr. Burton Cox, Jr., were failing to properly treat plaintiff’s gender dysphoria in violation of the Eighth Amendment and state law. I subsequently granted plaintiff’s request to dismiss defendants Dr. Torria Van Buren, Dr. Gary Ankarlo, Dr. Kevin Kallas, Dr. Victoria (Tori) Sebranek, Dr. Burton Cox, Timothy Haines, and Troy Hermans. (ECF No. 170.) That leaves only the following individuals as defendants: Shirley Dawson, Dawn Landers, Tracy Johnson, Christa Morrison, David Gardner, and Gary Boughton.
MOTIONS FOR SUMMARY JUDGMENT A. Summary Judgment Standard
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“The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986); Ames v. Home Depot U.S.A., Inc., 629 F.3d 665, 668 (7th Cir. 2011). “Material facts” are those under the applicable substantive law that “might affect the outcome of the suit.” See Anderson, 477 U.S. at 248. A dispute over “material fact” is “genuine” if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id.
A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:
(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact. Fed. R. Civ. P. 56(c)(1). “An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.” Fed. R. Civ. P. 56(c)(4). B. Factual Background2
2 This section is taken from the Defendants’ Proposed Findings of Fact. (ECF No. 168.) Plaintiff did not respond to defendants’ proposed facts and she did not file her own proposed facts. Thus, defendants’ proposed findings of fact are undisputed. See Fed. R. Civ. P. 56(e); Civil L.R. 56(b)(4) (E.D. Wis.).
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Plaintiff is an inmate in the custody of the Wisconsin Department of Corrections. She was transferred from Dodge Correctional Institution to the Wisconsin Secure Program Facility (WSPF) on March 10, 2011, where she is currently housed. Defendant Dawson was a psychiatrist at Dodge Correctional Institution while plaintiff was housed there in 2010-2011. Defendant Landers was a licensed psychologist at Dodge Correctional Institution. Defendant Johnson is the psychologist supervisor at WSPF. Defendant Morrison is an offender classification specialist with the Bureau of Offender Classification and Movement. Defendant Gardner is an administrative captain at WSPF. Defendant Boughton is the warden at WSPF. Morrison and Gardner serve as members of the Program Review Committee at WSPF.
Plaintiff has been allowed to proceed on her claims that defendants failed to adequately treat her gender identity disorder and mental health issues at WSPF. She is proceeding on Eighth Amendment deliberate indifference claims against all defendants. She also proceeds on state-law claims for medical malpractice and negligence against Johnson based on allegations that Johnson ignored her requests for treatment or transfer. (See Case No. 17-cv-347-LA, ECF No. 18 at 8.) Plaintiff’s claims can be properly divided into two groups: (1) claims against health and psychological care staff members (Dawson, Landers and Johnson) that resulted in her placement at WSPF and (2) claims against other staff (Morrison, Gardner, and Boughton) who allegedly unconstitutionally retain her at WSPF.
1. Plaintiff’s History within the Wisconsin Department of Corrections Plaintiff claims that she, as a transgender inmate, is inappropriately and unconstitutionally housed at WSPF. She believes that the defendants have violated her
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constitutional rights by failing to house her around inmates who are more tolerant of her condition. Plaintiff claims that, at WSPF, she is housed around inmates that call her names. She believes that WSPF does not have appropriate psychological or health care staff to treat inmates with gender identity disorders. Plaintiff admits that she has never been diagnosed with a gender identity disorder, that a gender identity disorder diagnosis is a matter of medical judgment, and that none of the named defendants have ever said anything negative to her regarding her stated gender identity.
In October 2015, plaintiff underwent a gender identity consultation with the department’s independent consultant, Cynthia Osborne. Osborne did not diagnose plaintiff with a gender identity disorder.
Most recently, and in the context of this lawsuit, plaintiff was evaluated by Dr. Chester Schmidt, a Johns Hopkins psychiatrist who specializes in the diagnosis, treatment and care of patients with gender identity disorders. Dr. Schmidt met with plaintiff on July 13, 2017. Plaintiff claims that she was honest during her conversation with Dr. Schmidt, and that the two discussed plaintiff’s family, history, alleged symptoms of gender identity disorder, and physical symptoms that she believes are related to her disorder. Plaintiff shared with Dr. Schmidt that she would like to undergo psychotherapy, hormonal treatment, and eventually have a sex change operation.
Dr. Schmidt’s October 2, 2017, report noted that plaintiff “has a many year interest in living in a cross-gender role.” (Rakvic-Farr Ex. 1007 at 1.) He noted that plaintiff, although street-wise about everyday activities, makes poor decisions when it comes to her relationship with authority and societal and prison rules. Dr. Schmidt diagnosed plaintiff with mild intellectual disability and antisocial personality disorder.
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Based upon the lack of independent medical records that confirm plaintiff’s assertions regarding her history of taking cross-sex hormones and upon her unreliable historical reports and attempts at deception, Dr. Schmidt concluded that plaintiff is not eligible for management with cross-gender hormones. He found that plaintiff did not meet three of the four criteria that psychiatrists analyze before prescribing hormone therapy.3 Dr. Schmidt noted that plaintiff has failed to demonstrate the ability to conform her behaviors to social norms even in the highly-structured prison environment and that plaintiff has taken no responsibility for her repeated disruptive behaviors.
Plaintiff’s ongoing psychological concerns prevented Dr. Schmidt from making a diagnosis of gender dysphoria. Dr. Schmidt opened that f plaintiff is diagnosed with gender dysphoria in the future, a clinical decision regarding whether plaintiff is eligible for cross-gender hormones should be made at that time. According to Dr. Schmidt, once plaintiff’s disciplinary and medical records “document stabilization of function,” plaintiff should be evaluated once again. Until then, she should continue to be provided counseling therapy.
2. Plaintiff’s Alleged Gender Identity Disorder Plaintiff describes her sexual orientation as “bisexual slash transgender,” but admits that her sexual orientation has evolved over time. Plaintiff was not treated for gender identity issues prior to her incarceration in 2010, though she took hormones that she purchased off the street and used intermittently for some time in her early teens. 3 The criteria for hormone therapy are as follows: (1) persistent, well-documented gender dysphoria (criterion not met); (2) capacity to make a fully informed decision and to consent to treatment (criterion not met); (3) age of majority in a given country (criterion met); and (4) if significant medical or mental health concerns are present, they must be reasonably well controlled (criterion not met). (Rakvic-Farr Ex. 1007 at 3-4.)
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Plaintiff first had feelings that she wanted to transition from male to female when she was eight years old. She cross-dressed a handful of times as a child, and dressed as a woman daily in high school. Plaintiff has taken steps to feminize herself within prison, including using socks and clothing to fill out her chest.
At her deposition, plaintiff explained that she would like to live “fully” as a woman for “a day, two days, a week, a month, a year. Go from there, do the hormonal therapy treatment, the psychotherapy, and then the whole – undergoing the whole SRS.” (Rakvic-Farr Ex. 1006, Gulley Dep. 123:23-124:2.) Plaintiff has a mandatory release date in 2021 (with no possibility of parole before then) and agrees that it will be easier for her to pursue these options once she is released. Until then, she does not believe that WSPF is appropriate for her.
Plaintiff claims that she has been subjected to batteries by other inmates at WSPF. In June 2016, she was punched during recreation, but she did not need medical attention. In April 2017, plaintiff was punched after she “messed with” another inmate in the library “to piss him off.” (Rakvic-Farr Ex. 1006, Gulley Dep. 30:18-35:5.)
Plaintiff has about fifteen inmate friends at WSPF. She has participated in WSPF’s mentoring program for troubled inmates. According to plaintiff, the mentoring program is for “[i]nmates that have – that had difficulties growing up, that have difficulty coping with the environment of the prison system, inmates who happen to be they [sic] first adult incarceration, who happen to be getting into a lot of trouble, getting conduct reports here and there for frivolous things, being loud on the range, being disruptive – excuse me – you know, things of that nature.” (Rakvic-Farr Ex. 1006, Gulley Dep. 59:112.) Plaintiff states that she came up with the mentoring program idea, and defendant
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Gardner was responsive. Plaintiff participated in the mentoring program “for a while” before she got to doing “my own thing again”, “going back downhill, not – not listening to the mentors, not taking they [sic] advice, got into some trouble that I take responsibility for, stole things here, stole things there, got a conduct report for it, ended up going to Seg[.]” (Rakvic-Farr Ex. 1006, Gulley Dep. 60:14-25.)
Plaintiff admits that she has been attention seeking for as long as she can remember and specifically does things to get a negative reaction from those around her. She has an extensive conduct history that she does not dispute. Plaintiff has moved cells within WSPF on average every other week and admits that she is disruptive on every unit where she is housed. She has had to be moved to other units a total of 59 times and has been moved to different ranges or cells within the same unit a total of 60 times since she has been at WSPF because of rule violations, disruptive conduct, and disrespectful remarks towards other inmates. She has also been moved due to other inmates’ disruptive behavior towards plaintiff, after plaintiff has provoked them. Just days prior to her September 22, 2017 deposition, plaintiff received a conduct report for being loud and disruptive on her housing unit. According to plaintiff, she just “snapped.” Plaintiff has received conduct reports for sexual conduct and making disrespectful, sexual comments. Plaintiff agrees that it is reasonable for prison staff to expect her to control her behavior before they move her to another prison.
Plaintiff has told “almost the entire institution” that she is transgender. (RakvicFarr Ex. 1006, Gulley Dep. 14:11-15.) Some inmates are tolerant of her sexual preferences, and plaintiff has requested to be housed by twenty-three other inmates
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who she considers tolerant. She gave a list of inmates to Gardner and requested to be housed by them, though she understands that she does not get to select her housing.
Housing decisions at WSPF are made after considering a number of factors, including (1) assessment and evaluation of an inmate’s needs or program assignments such as vocational, educational, and assigned work duties; (2) the inmate’s status, such as general population, disciplinary separation, or administrative confinement; (3) security considerations, if applicable, including prior reports from other institutions or restrictions already in place regarding the inmate’s suitability for certain types of housing assignments; and (4) bed space availability. While inmates would prefer to be housed near their friends, that is not always possible and is not a consideration used by security staff when placing inmates within the institution.
When plaintiff arrived at WSPF in March 2011, she was placed in the Restrictive Housing Unit in disciplinary separation status because she had recently been given 120 days of disciplinary separation for rule violations while at Dodge Correctional Institution. Since plaintiff has been at WSPF, she received 71 major conduct reports and 51 minor conduct reports for rule violations.
Plaintiff believes that there are certain things that may help her fare better in prison. For example, she believes that if she had a TV in her cell she would not have problems with the other inmates and would do a better job of keeping to herself. Although plaintiff was initially given a “loaner” TV at WSPF, she lost it after she received a conduct report. She admits that it was her own fault that she lost the TV, and admits that she continues to have problems in prison: “It’s – it’s hard. I have extreme poor distress tolerance. So any time I get distressed – I don’t tolerate BS. So any time I see –
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see – see BS happening to me, I snap out. I threaten to harm myself, which I have done in the past. Placed on clinical observation, get – banging my head, trying to bite my wrists open, cutting myself, getting strapped down, et cetera.” (Rakvic-Farr Ex. 1006, Gulley Dep. 66:25-68:25.)
Plaintiff claims that the psychological care provided at WSPF is constitutionally deficient. She claims that she would have “put up a fight” against her transfer to WSPF if she knew that it was the “supermax” prison. Plaintiff admits that she has no idea how WSPF compares to other maximum security prisons in Wisconsin, but believes that more movement is allowed at other prisons. Plaintiff believes that WSPF is a “supermax…for inmates who have a severe traumatic volatile background, volatile history, inmates who have a problem with other inmates who can’t get along with other inmates, batteries, all that type of stuff.” (Rakvic-Farr Ex. 1006, Gulley Dep. 171:17-23.) Plaintiff does not believe that she belongs at WSPF. But she admits to the behavior that led to many of her conduct reports at WSPF, some of which were due to disruptive behavior.
According to the defendants, WSPF is not a “supermax” prison. Rather, WSPF is the same as other maximum security prisons in Wisconsin such as Columbia Correctional Institution and Waupun Correctional Institution. Inmates are not sent to WSPF as punishment. WSPF is a smaller prison and the smaller inmate population allows for most inmates to be housed in single cells and allows for a smaller inmate-tostaff ratio. The sole basis for plaintiff’s belief that she is not receiving appropriate psychological care is that Waupun Correctional Institution has more staff members in its
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Psychological Services Unit. But WSPF’s inmate population of 468 is significantly smaller than Waupun’s 1,251 inmates.
Plaintiff admits that she continues to work through significant mental health care issues and that her current mental health concerns are not under control.
3. Dr. Dawson Plaintiff was under Dr. Dawson’s care from 2010 through 2011, when she was initially housed at Dodge. Plaintiff claims that Dawson removed certain diagnoses that allowed her to be transferred to WSPF rather than another maximum security prison. She also claims that Dawson “lied” and said that plaintiff wanted to go to WSPF. Dr. Dawson treated plaintiff five times from December 2, 2010 through February 28, 2011. She treated plaintiff for sleep issues, anxiety, and depression. Dr. Dawson diagnosed plaintiff with bipolar affective disorder due to her positive response to mood stabilizing medication that she had prescribed. Plaintiff told Dr. Dawson that she wanted to go to WSPF because she would have her own cell and could receive certain programming. Dr. Dawson agreed to reconsider the bipolar diagnosis (which may prevent a transfer to WSPF) if plaintiff’s mood and behavior were stable without medication. A few weeks later, plaintiff’s mood was stable and Dr. Dawson removed the bipolar diagnosis. Dr. Dawson had no input regarding plaintiff’s transfer to WSPF. Nor was Dr. Dawson consulted with respect to the “Mental Health Screen” that was completed by a psychologist prior to plaintiff’s transfer to WSPF. Dr. Dawson’s limited role was to review the “Mental Health Screen” completed by the psychologist and Health Services Manager, and to summarize plaintiff’s current reported symptoms and severity.
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4. Dawn Landers Plaintiff’s claim against Landers is that she evaluated plaintiff at Dodge “for this whole placement of WSPF” and promised her programs at WSPF including “loaner” TVs. (Rakvic-Farr Ex. 1006, Gulley Dep. 181:8-182:4.) Plaintiff admits that she was initially given a loaner TV at WSPF, and admits that Landers did not “lie” to her. Nor does plaintiff allege that Landers had a reason to believe that placement at WSPF would cause plaintiff harm. Plaintiff is dissatisfied with her placement at WSPF because WSPF has more limited movement that other, larger, institutions and “everywhere you go, you gotta have a [corrections officer] with you.” This is the entirety of plaintiff’s claim against Landers. (Rakvic-Farr Ex. 1006, Gulley Dep. 182:20-23, 184:16-22.) 5. Dr. Tracy Johnson Plaintiff claims that when she would write Dr. Johnson about “bigger” issues, such as starting certain programs at the prison that plaintiff thought would be beneficial, Dr. Johnson did not write back to her. This is the extent of plaintiff’s claim against Johnson, who was not her primary care provider at any time during her incarceration. Even though Dr. Johnson was not plaintiff’s primary care provider, she would see her at least twice a week and when plaintiff engaged her, Dr. Johnson’s interactions with her were “appropriate.” (Rakvic-Farr Ex. 1006, Gulley Dep. 177:10-178:5.) 6. Morrison, Gardner, and Boughton Plaintiff’s claims against the remaining three defendants stem from their positions on the prison’s program review committee (PRC) and their alleged control over “inmate housing.” At least yearly, inmates are given a program review which re-assesses their custody classification and treatment and programming needs, reviews institutional
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adjustment, and determines whether inmates should continue their current placement or be transferred to a different institution. Classification decisions are made after the PRC reviews criminal offense history; attitude regarding the criminal offense(s); length of sentence and overall time served; institutional adjustment and behavior; and medical, clinical, and programming needs. A recommendation to move an inmate to another prison or to change the security classification (from maximum to medium, for example), must be unanimous, and the decision is also reviewed by the director of the Bureau of Classification of Movement.
Transfers to WSPF are unique to the extent that if an inmate is recommended for WSPF, a Mental Health Screen must be completed, and an inmate must be accepted by psychological staff for placement at WSPF. The PRC does not have access to medical and psychological records and instead relies on the Mental Health Screen completed by the medical and psychological staff. None of the named defendants made the recommendation that plaintiff be placed at WSPF.
Plaintiff claims that Morrison made repeated representations to her that if she remained “conduct report free” for a certain period of time, then she could be transferred out of WSPF. Plaintiff claims that she was, in fact, conduct report free for certain periods of time, though she was repeatedly denied a transfer by Morrison and other members of the committee. Plaintiff claims that Morrison continues to deny transfers without reason. She admits that at least one of Morrison’s denials was based on plaintiff’s poor conduct, including forgery. Morrison’s report indicated that she did not feel comfortable transferring plaintiff as a result of this conduct, and plaintiff agrees that this was a reasonable decision.
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Plaintiff alleges that Morrison and Gardner know that she is “short tempered” and “easily set off,” yet plaintff does not understand why the two defendants have not signed off on a transfer. Gardner was a member of the PRC for plaintiff’s program review hearings in 2011, 2012, 2013, 2014, and 2015.
In 2011, plaintiff had nineteen conduct reports and was denied a transfer. She was advised to “refrain from any further major tickets” in order to move from WSPF. Plaintiff requested to be placed at other institutions and stated she “just wants out of here.” (Morrison Ex. 1003 at 8.) In 2012, plaintiff was focused on a transfer to Waupun. In 2014, she had four minor conduct reports and eight “majors” since her last PRC review. Although plaintiff requested to transfer to another maximum security institution, her request was denied so plaintiff could complete her segregation time due to her conduct reports.
Plaintiff’s most recent PRC hearing was on October 26, 2017. During the hearing, the PRC Committee noted that plaintiff had received seven major conduct reports and six minor conduct reports within the last year, including, but not limited to, conduct reports for threats, disobeying orders, disrespect, disruptive conduct, and sexual conduct. The PRC decided to retain plaintiff at WSPF.
Due to plaintiff’s conduct history and disruptive behavior towards other inmates, professional security staff feels WSPF is the safest institution for her. If plaintiff were moved to another maximum-security institution, she would have to be housed in a double cell with another inmate and would be part of a larger inmate population. These scenarios present a safety and security risk to plaintiff as well as other inmates and staff. Plaintiff is not being retained at WSPF for punitive reasons, but is being retained
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due to her problematic pattern of disobeying orders and disruptive conduct. WSPF placement provides plaintiff with a single cell and higher level of monitoring which can provide a higher level of security, allowing staff to intervene when situations arise between plaintiff and other inmates due to her inappropriate sexual comments and behavior.
With respect to plaintiff’s claims against Warden Boughton, she admits that when she wrote to Boughton about complaints, Boughton responded. Plaintiff agrees that it is reasonable for Boughton, as the warden, to rely on psychological staff who are working with her on a regular basis.
Plaintiff continues to be housed at WSPF due to her inability to control her behavior and inability to maintain her composure, which may make her eligible for transfer to another prison. Plaintiff agrees that her inmate and staff relations still need work, and she needs to continue to work with Psychological Services to control psychological issues. Plaintiff admits that she has continually manipulated the process to get what she wants. She claims she does not believe that “WSPF is appropriate housing for myself” based on her understanding that there is more appropriate programming at other prisons and her belief that there are more transgender inmates at other prisons.
C. Analysis “The Eighth Amendment safeguards the prisoner against a lack of medical care that ‘may result in pain and suffering which no one suggests would serve any penological purpose.’” Arnett v. Webster, 658 F.3d 742, 750 (7th Cir. 2011) (quoting Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 828 (7th Cir. 2009)); see also
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Estelle v. Gamble, 429 U.S. 97, 103 (1976). “Prison officials violate the Constitution if they are deliberately indifferent to prisoners’ serious medical needs.” Arnett, 658 F.3d at 750 (citing Estelle, 429 U.S. at 104). “[A] claim based on deficient medical care must demonstrate two elements: 1) an objectively serious medical condition; and 2) an official’s deliberate indifference to that condition.” Arnett, 658 F.3d at 750 (citation omitted). “[D]eliberate indifference to serious medical needs of a prisoner constitutes the unnecessary and wanton infliction of pain forbidden by the Constitution.” Rodriguez, 577 F.3d at 828 (quoting Estelle, 429 U.S. at 104).
It is undisputed that plaintiff has not been diagnosed with gender identity disorder. Moreover, as explained below, the undisputed facts do not support a finding that defendants were deliberately indifferent to plaintiff’s medical needs.
To demonstrate deliberate indifference, a plaintiff must show that the defendant “acted with a sufficiently culpable state of mind,” something akin to recklessness. Roe v. Elyea, 631 F.3d 843, 857 (7th Cir. 2011). A prison official acts with a sufficiently culpable state of mind when he or she knows of a substantial risk of harm to an inmate and either acts or fails to act in disregard of that risk. Id. A prison official cannot be found liable under the Eighth Amendment unless the official “‘knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.’” Gutierrez v. Peters, 111 F.3d 1364, 1369 (7th Cir. 1997) (quoting Farmer v. Brennan, 511 U.S. 825, 837 (1994)). “Deliberate indifference ‘is more than negligence and approaches intentional wrongdoing.’” Arnett, 658 F.3d at 759 (quoting Collignon v. Milwaukee Cnty., 163 F.3d 982, 988 (7th Cir.
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1998)). Deliberate indifference does not, however, include medical malpractice; “the Eighth Amendment does not codify common law torts.” Duckworth v. Ahmad, 532 F.3d 675, 679 (7th Cir. 2008) (citation omitted).
At most, plaintiff’s claim against Dawson and Landers amounts to a disagreement over plaintiff’s transfer to WSPF. Dawson claims that plaintiff wanted to go to WSPF. In any event, Dawson had no input on the decision to transfer plaintiff there. Landers allegedly evaluated plaintiff for her placement at WSPF and promised her programs there including a loaner TV. However, plaintiff does not claim that Landers thought that housing plaintiff at WSPF would cause harm, and plaintiff admits that while she initially had a loaner TV at WSPF, it was taken from her because of her conduct.
Plaintiff claims that, once she was housed at WSPF, Johnson did not write her back about bigger issues such as starting certain programs that plaintiff thought would be beneficial. It is undisputed that Johnson was not plaintiff’s primary care provider at WSPF. Nonetheless, plaintiff acknowledges that Johnson, who is a psychologist supervisor at WSPF, would see her at least twice a week and when plaintiff engaged her, Johnson’s interactions were “appropriate.” These facts do not support a finding that Johnson acted with deliberate indifference toward plaintiff.
Turning to plaintiff’s claims against Morrison, Gardner, and Boughton, she alleges that their refusal to transfer her from WSPF violated her constitutional rights. Plaintiff wants to transfer to another maximum-security institution because she thinks that it would be easier to live as a transgender person in a different institution. Plaintiff
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alleges that she has been subjected to harassment, battery, and sexual assault at WSPF.
The Eighth Amendment's prohibition on “cruel and unusual punishment” establishes the minimum standard for the treatment of prisoners by prison officials. To demonstrate that prison conditions violated the Eighth Amendment, a prisoner must provide facts that satisfy a test involving both an objective and subjective component. Lunsford v. Bennett, 17 F.3d 1574, 1579 (7th Cir. 1994). The objective analysis focuses on whether prison conditions “exceeded contemporary bounds of decency of a mature, civilized society.” Id. The subjective component requires evidence that prison officials acted wantonly and with deliberate indifference to a risk of serious harm to the prisoner. Id. Prisoners do not have a constitutional right to be housed in a particular prison. See DeTomaso v. McGinnis, 970 F.2d 211, 212 (7th Cir. 1992); see also Meachum v. Fano, 427 U.S. 215, 224 (1976) (Constitution does not guarantee placement in a particular prison).
It is undisputed that plaintiff has been kept at WSPF because professional security staff think it is the safest institution for her due to her conduct history and disruptive behavior towards other inmates. The parties differ on their interpretations of plaintiff’s behavior. Plaintiff states that other inmates are disrespectful towards her first, and then she reacts in kind. However, plaintiff admits that she has been attention seeking for as long as she can remember and that she does things to get a negative reaction from those around her. It is undusted that plaintiff has an extensive conduct history, that she has moved cells within WSPF on average every other week, and that she is disruptive on every unit where she is housed.
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Plaintiff is not being retained at WSPF for punitive reasons, but is being retained due to her problematic pattern of disobeying orders and disruptive conduct. WSPF placement provides plaintiff with a single cell and a higher level of monitoring which can provide a higher level of security allowing staff to intervene when situations arise between plaintiff and other inmates due to her inappropriate sexual comments and behavior. Plaintiff does not allege that any defendant was responsible for the harassment or assaults at WSPF.
The record does not support a finding that Morrison, Gardner, and Boughton acted with deliberate indifference in not transferring plaintiff from WSPF. Thus, I will grant defendants’ motion for summary judgment as to plaintiff’s Eighth Amendment claims against them.
Finally, in the absence of any surviving federal claims, I will relinquish supplemental jurisdiction over plaintiff’s state law claim against Johnson. See 28 U.S.C. § 1367(c); Carlsbad Technology, Inc. v. HIF Bio, Inc., 556 U.S. 635, 639 (2009).
PLAINTIFF’S MOTIONS A. Motion for Diagnostic Evaluation
On December 15, 2017, plaintiff filed a motion for a diagnostic evaluation by an outside, independent, trained and qualified licensed psychologist and psychiatrist at the Wisconsin Resource Center. Plaintiff states that she has post-traumatic stress disorder based on experiences she went through as a child. She requests that defendants refer her to be re-evaluated for PTSD, bipolar disorder, OCD, ADHD, and possibly psychopathy/psychotic disorder. Plaintiff states that this is the only way to “defer/deny” her allegations against defendants. However, while the court is sympathetic to plaintiff’s
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childhood experiences, these allegations are not relevant to plaintiff’s lawsuit. I will deny her motion. B. Motion to Appoint Counsel
On December 15, 2017, plaintiff filed a motion to appoint counsel. Plaintiff has filed other requests for counsel in the past, which I have denied. See, e.g., ECF No. 108. Because I am dismissing this case, her most recent request for counsel will also be denied. C. Motion for Injunctive Relief
On January 4, 2018, plaintiff filed a motion for injunctive relief. She states that she is not safe at WSPF and that her safety, mental, and emotional health needs are not being adequately met there. According to plaintiff, defendants Gardner continues to house her near inmates who call her names like “snitch” and “punk ass bitch.” Plaintiff states that she starts arguing with these inmates and then they smack her in the mouth while the officers are not watching. Plaintiff also states that defendants Gardner and Boughton have let Dr. Stacey Hoem, Officer Caliva, and other individuals write her retaliatory conduct reports. Plaintiff asks the court to grant her motion and issue an order for transfer to another institution where she will be able to get proper mental treatment.
Plaintiff has not met the standard for injunctive relief. As explained above, the plaintiff has not shown that the defendants are violating her constitutional rights by housing her at WSPF. Therefore, I will deny plaintiff’s motion. D. Motion for John Doe Criminal Investigation
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Plaintiff has filed a motion for a John Doe criminal investigation. She states that she brings the motion under Wis. Stat. § 968.26 based on the defendants’ alleged violation of certain Wisconsin criminal statutes. However, I have no authority to commence a John Doe investigation under Wisconsin law. Therefore, this motion will be denied.
ORDER For the reasons stated, IT IS ORDERED that defendants’ motion summary judgment (ECF No. 161) is GRANTED. IT IS FURTHER ORDERED that plaintiff’s motion for diagnostic evaluation (ECF No. 172) is DENIED. IT IS FURTHER ORDERED that plaintiff’s motion to appoint counsel (ECF No. 173) is DENIED. IT IS FURTHER ORDERED that plaintiff’s motion for summary judgment (ECF No. 175) is DENIED. IT IS FURTHER ORDERED that plaintiff’s motion for injunctive relief (ECF No. 179) is DENIED. IT IS FURTHER ORDERED that plaintiff’s motion for John Doe criminal investigation (ECF No. 182) is DENIED. FINALLY, IT IS ORDERED that the Clerk of Court shall enter final judgment. Dated at Milwaukee, Wisconsin, this 25th day of May, 2018.
s/Lynn Adelman__________ LYNN ADELMAN United States District Judge 21
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 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

DOMINIQUE DEWAYNE GULLEY-FERNANDEZ, Plaintiff,

v.

Case No. 15-C-795

DR. TRACY JOHNSON, DAVID GARDNER, WARDEN GARY BOUGHTON, CHRISTA K. MORRISON, DR. SHIRLEY DAWSON, and DR. DAWN LANDERS,
Defendants. ______________________________________________________________________

ORDER

Plaintiff is a Wisconsin state prisoner representing herself. On May 25, 2018, I

granted defendants’ motion for summary judgment, denied several of plaintiff’s motions,

and dismissed this case. Judgment was entered on the same day. Plaintiff has filed a

motion to amend judgment (ECF No. 186) and a motion to alter or amend judgment (ECF

No. 189).

In her motion to amend judgment, plaintiff states that she never received her copy

of the video deposition from her September 22, 2017 deposition; that she did not respond

to defendants’ proposed findings of fact because she never received a copy of them; and

that she “never received any filings from the defendants for oppositions or motion for

relief/summary judgment[.]” (ECF No. 186 at 2.) Plaintiff requests that I send her copies

of these items and then allow her enough time to read and respond to them, and to file

her own proposed findings of fact and summary judgment motion.

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Defendants contend that plaintiff’s claims are incredible. (ECF No. 187.) According to defendants, plaintiff received a copy of her deposition transcript with their summary judgment filings. Defendants point out that plaintiff’s January 12, 2018 reply to her motion for injunctive relief references Defendants’ Proposed Findings of Fact. (See ECF No. 181.) According to defendants, plaintiff was well-aware of the applicable rules and courtimposed deadlines in this case.
Plaintiff filed a reply in which she states that, upon review her records and files, she did receive a copy of her deposition transcript and she does have a copy of defendants’ proposed findings of fact. (ECF No. 188.) Plaintiff now states that she would like the court to allow her another chance to respond to defendants’ proposed findings of fact, that she did not receive portions of defendants’ summary judgment motion, and that she did not know about her response deadline. Plaintiff states that she was completely unaware of any applicable rules and the court-imposed deadlines to respond to summary judgment.
In her motion to alter and/or amend judgment, plaintiff contends that defendants did not produce any factual evidence to show that her allegations of having symptoms of gender identity disorder are false. (ECF No. 189.) According to plaintiff, she does in fact have some signs and symptoms of gender identity disorder. Plaintiff also states that defendants have not produced any factual evidence to show that her claims of harassment, physical assaults, and discrimination are false. Next, plaintiff states that the package that her deposition transcript came in was not opened in her presence and several documents/pages are missing “including a copy of the defense cross-motions for summary judgment findings.” (Id. at 1.) Plaintiff requests that the court provide her with
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a copy of “defendants’ motion for summary judgment findings” and allow her thirty days to respond to their summary judgment motion. Plaintiff reiterates that she was completely unaware of any applicable rules and the court-imposed deadlines.
“Rule 59(e) allows a court to alter or amend a judgment only if the petitioner can demonstrate a manifest error of law or present newly discovered evidence.” Obriecht v. Raemisch, 517 F.3d 489, 494 (7th Cir. 2008) (citing Sigsworth v. City of Aurora, 487 F.3d 506, 511-12 (7th Cir. 2007)). “A ‘manifest error’ is not demonstrated by the disappointment of the losing party. It is the ‘wholesale disregard, misapplication, or failure to recognize controlling precedent.’” Oto v. Metropolitan Life Ins. Co., 224 F.3d 601, 606 (7th Cir. 2000) (citations omitted). Under Rule 60(b), a court may grant a party relief from an order for several reasons, including mistake, excusable neglect, newly discovered evidence, and fraud. See Fed. R. Civ. P. 60(b)). “Rule 60(b) relief is an extraordinary remedy and is granted only in exceptional circumstances.” Cincinnati Ins. Co. v. Flanders Elec. Motor Serv., Inc., 131 F.3d 625, 628 (7th Cir. 1997).
Plaintiff has not satisfied the standards Rule 59(e) or Rule 60(b). To the extent that plaintiff contends that defendants did not provide factual evidence to support the motion for summary judgment, she is mistaken. Plaintiff’s June 11, 2018, motion to alter or amend judgment simply expresses her disagreement with the court’s decision and reiterates her disagreement with medical professionals’ determinations to not diagnose her with gender identity disorder and with prison officials’ decision to keep her at the Wisconsin Secure Program Facility. Plaintiff’s disagreement with my decision that defendants met their burden at summary judgment is not a sufficient basis for me to grant plaintiff’s motion.
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Plaintiff also states that she may not have received all the documents that defendants filed in support of their motion for summary judgment. Plaintiff initially stated that she did not receive a copy of her video deposition transcript or the defendants’ proposed findings of fact, but later stated that she had in fact received those filings. Now she states that the deposition transcript was not opened in her presence, that some unspecified pages were missing, and that she did not receive a copy of the defense crossmotion for summary judgment findings. Plaintiff also states that she was unaware of the deadline for responding to defendants’ motion for summary judgment.
Plaintiff’s assertions appear to be an attempt to prolong this case and her filings in this case do not support her assertions. Defendants filed their motion for summary judgment on November 28, 2017. On December 6, 2017, I issued an order stating that plaintiff’s response to defendants’ motion was due by December 28, 2017. (ECF No. 170.) On December 15, 2017, plaintiff filed a motion for summary judgment in which she argued for an order dismissing defendants’ motion for summary judgment and dismissal of defendants Gardner and Morrison based on alleged perjury in their summary judgment filings. Plaintiff responded to defendants’ motion for summary judgment and the record contradicts her contention that she did not know of her deadline to respond. Moreover, plaintiff had ample opportunity to notify the court that she did not receive all the defendants’ summary judgment materials and she did not do so.
For the reasons stated, IT IS ORDERED that plaintiff’s motion to vacate judgment (ECF No. 186) is DENIED.
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IT IS FURTHER ORDERED that plaintiff’s motion to alter/amend judgment (ECF No. 189) is DENIED.
Dated at Milwaukee, Wisconsin, this 1st day of November, 2018. s/Lynn Adelman__________ LYNN ADELMAN United States District Judge
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