UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN ________________________________________________________________________

MINX GOTTI (f/k/a Alexander LeFlore), JEFFREY KNUTSEN, and DARRICK WALKER,

Plaintiffs,

v.

Case No. 07-CV-00928

RICK RAEMISCH, et al.,

Defendants. ________________________________________________________________________

SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
________________________________________________________________________

1. Minx Gotti, Jeffrey Knutsen, and Darrick Walker, by their attorneys, for their

Complaint against Rick Raemisch, James Greer, Tim Lundquist, Tim Correll and Randall Hepp,

in their official capacities (collectively, “Defendants”), allege as follows:

NATURE OF THE ACTION

2. This Complaint is related to the case of Sundstrom v. Frank, Case No. 06-C-112

(CNC), which was tried before the Court on October 22-25, 2007. It asserts a civil rights action

pursuant to 42 U.S.C. § 1983 for declaratory and injunctive relief to redress Defendants’

violations of Plaintiffs’ rights under the Eighth and Fourteenth Amendments to the United States

Constitution. Defendants have violated the Constitution by enforcing 2005 Wisconsin Act 105

to terminate and deprive Plaintiffs of medical treatment for Plaintiffs’ serious health condition,

with no exercise whatsoever of individualized medical judgment and in contrast to the treatment

Defendants provide to other similarly situated inmates at Wisconsin Department of Corrections

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(“DOC”) facilities. Plaintiffs seek an end to those actions of Defendants that violate Plaintiffs’ right to equal protection and their right to be free from cruel and unusual punishment, pursuant to the Fourteenth and Eighth Amendments to the United States Constitution, and a declaration that 2005 Wisconsin Act 105 is unconstitutional on its face.
JURISDICTION AND VENUE 3. This Court has jurisdiction pursuant to 28 U.S.C. § 1331, as this action arises under the laws and Constitution of the United States, and 28 U.S.C. § 2201, as an actual controversy exists within this Court’s jurisdiction. 4. Venue is proper in this district pursuant to 28 U.S.C. § 1391, because at least one Defendant resides in her official capacity in this district and all Defendants reside in this State.
PARTIES 5. Plaintiff Minx Gotti (“Gotti”) is a 35-year-old transgender woman, meaning that she1 was born anatomically male, but has a female gender identity. Since October 2007, Gotti has been incarcerated at the Jackson Correctional Institution (“JCI”) in Black River Falls, Wisconsin. Prior to that, she was incarcerated at Dodge Correctional Institution (“DCI”) in Waupun, Dodge County, Wisconsin. 6. Plaintiff Jeffrey Knutsen, a/k/a Sara Knutsen ("Knutsen"), is a 36-year-old transgender woman, meaning that she was born anatomically male, but has a female gender identity. Since February 2008, Knutsen has been incarcerated at the Dodge Correctional Institution ("DCI") in Waupun, Dodge County, Wisconsin. 7. Plaintiff Darrick Walker, a/k/a Michelle Walker (“Walker”), is a 33-year-old
1 This Complaint uses feminine pronouns to refer to Plaintiffs, a practice consistent with their gender identity, their preference, common practice, modern judicial practice, and the advice and guidance of mental health and other professionals who work with transgender persons.
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transgender woman, meaning that she was born anatomically male, but has a female gender identity. Since March 2009, Walker has been incarcerated at the Dodge Correctional Institution ("DCI") in Waupun, Dodge County, Wisconsin.
8. Defendant Rick Raemisch (“Raemisch”) is an adult citizen of the United States who is the Secretary of the DOC in Madison, Wisconsin. At all material times, Raemisch had the authority to implement state laws regarding the treatment of inmates at DOC facilities, including DCI and JCI, and was acting under color and authority of state law. Raemisch is sued in his official capacity.
9. James Greer (“Greer”) is an adult citizen of the United States who is the Director of the DOC Bureau of Health Services. At all material times, Greer had the authority to implement state laws regarding the treatment of inmates at DOC facilities, including DCI and JCI, and was acting under color and authority of state law. Greer is sued in his official capacity.
10. Defendant Tim Lundquist (“Lundquist”) is an adult citizen of the United States who is the Warden of DCI. At all material times, Lundquist had the authority to implement state laws regarding the treatment of inmates at DCI and was acting under color and authority of state law. Lundquist is sued in his official capacity.
11. Defendant Tim Correll (“Correll”) is a physician at DCI who provided treatment to Plaintiff Gotti and was acting under color of state law. Correll is sued in his official capacity.
12. Defendant Randall Hepp (“Hepp”) is an adult citizen of the United States who is the Warden of JCI. At all material times, Hepp had the authority to implement state laws regarding the treatment of inmates at JCI and was acting under color and authority of state law. Hepp is sued in his official capacity.
ALLEGATIONS OF FACT
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13. Gender Identity Disorder (“GID”) is a recognized medical condition defined in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders. DSM-IV (4th ed. Text Reference 2001).
14. GID, sometimes known as gender dysphoria or transsexualism, is a serious health condition that involves a strong and consistent cross-gender identification and a persistent discomfort with one’s anatomical sex.
15. For people with GID, the conflict between their gender identity and their anatomy causes extreme psychological distress. Contemporary medical knowledge indicates that gender identity cannot be changed, and that attempts to change a person’s gender identity are futile and unethical.
16. Although GID is classified as a mental disorder, mounting medical research indicates that GID may be caused by biological or physiological factors that are not yet fully understood. For example, an article entitled “A Sex Difference in the Human Brain and Its Relations to Transsexualism,” authored by J.-N. Zhou, M.A. Hofman, L.J. Gooren, D.F. Swaab and published at International Journal of Transgenderism 1 (1997), reports that an area of the brain that may be involved in human sexual or reproductive functions was female-sized in maleto-female transsexuals.
17. Regardless of the etiology of GID, the prevailing medical standards of care dictate that hormone therapy and, in some cases Sex Reassignment Surgery (SRS), are the appropriate and medically mandated treatments for severe cases of GID. Although terminology used in the medical literature varies in subtle ways, “transexualism,” as used in this complaint, is GID of such severity that hormone therapy or SRS are medically necessary for adequate treatment.
18. The World Professional Association for Transgender Health (“WPATH,”
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formerly known as the Harry Benjamin International Gender Dysphoria Association (HBIGDA)) is the leading professional association for surgeons, doctors, psychologists, medical researchers and others who specialize in the medical treatment of people with GID. Based on decades of clinical experience, WPATH has promulgated medical standards of care for treating patients with GID.
19. The WPATH Standards of Care for Gender Identity Disorders (“SOC”) recognize that treatment is medically necessary for people with GID. The SOC further indicate that the therapeutic approach includes three components (hormone therapy, living full-time as a member of the gender corresponding with one’s identity, and sex reassignment surgery), and that the appropriate course of treatment should be determined based upon individualized medical evaluation.
20. Plaintiff Gotti was identified as male when she was born but has a female gender identity, i.e., an innate sense of being female. Starting around the age of three, she felt uncomfortable about being perceived as a boy. When she was seven, she wore her aunt’s shoes to school. At age thirteen, she started living as a female.
21. In or around 2001, doctors at Froedtert Hospital and Clinics in Milwaukee, Wisconsin diagnosed her with Gender Identity Disorder (“GID”). She has been prescribed and taken feminizing hormones since 2001. Gotti legally changed her name from Alexander LeFlore to Minx Gotti in 2005. Ms. Gotti is a transsexual, for whom hormone therapy is medically necessary treatment for her severe GID.
22. Under the medical supervision of the Department of Corrections’ medical personnel, including Dr. Correll, the Department of Corrections provided Gotti with hormone therapy since about the time she arrived at Dodge Correctional Institution in August 2007.
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23. Plaintiff Knutsen was identified as male when she was born but has a female gender identity, i.e., an innate sense of being female. Starting around puberty, she began to recognize her female identity and began to try on girls’ clothing. When she was 23 years old, she attempted suicide, in part because of gender identity issues. In approximately 2003, she came out to her friends and family as transgender and adopted the first name "Sara."
24. In or around 2006, Knutsen sought counseling in Milwaukee for gender identity issues. After evaluating Knutsen, the counselor wrote a letter to Knutsen’s physician, Dr. Lynn Telford in Wauwatosa, Wisconsin, recommending the initiation of feminizing hormone therapy for Knutsen. Dr. Telford prescribed feminizing hormone therapy to Knutsen. Knutsen commenced hormone therapy on or around January 1, 2007, and continued that treatment uninterrupted until the events alleged in this Amended Complaint. Knutsen has also undergone repeated laser hair removal treatments on her face. On information and belief, Knutsen is a transsexual, for whom hormone therapy is medically necessary treatment for her severe GID.
25. Plaintiff Walker was identified as male when she was born but has a female gender identity, i.e., an innate sense of being female. She began wearing women’s clothing in high school and disclosed her transgender identity to her family and friends in approximately 1996. She has lived and worked full-time as a woman for years.
26. Around 1997, Plaintiff Walker went to a physician who evaluated her and prescribed a feminizing hormone therapy regimen. Most recently, Dr. Rodney Mayhorn in Milwaukee prescribed feminizing hormone therapy to Walker, and conducted routine follow-up blood work to monitor her hormone levels. On information and belief, Walker is a transsexual, for whom hormone therapy is medically necessary treatment for her severe GID.
27. On December 6, 2005, the Wisconsin legislature passed 2005 Wisconsin Act 105,
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codified at Wis. Stat. § 302.386(5m) (“the Act”). The Act provides that the DOC “may not authorize the payment of any funds or the use of any resources of this state or the payment of any federal funds passing through the state treasury to provide or to facilitate the provision of hormonal therapy or sexual reassignment surgery” to any inmate in a state prison, correctional facility, or secured child caring institution, or to any forensic patient in a state institution.
28. The Act defines “hormonal therapy” as “the use of hormones to stimulate the development or alteration of a person’s sexual characteristics in order to alter the person’s physical appearance so that the person appears more like the opposite gender,” and defines “sexual reassignment surgery” as “surgical procedures to alter a person’s physical appearance so that the person appears more like the opposite gender.”
29. After its passage, co-sponsors of the Act issued press releases calling it the “Inmate Sex Change Prevention Act,” describing medical treatment for GID as “bizarre.”
30. The Act took effect on January 24, 2006. 31. Prior to the Act’s passage, the Defendants provided hormone therapy to DOC inmates in accordance with individualized medical judgments, patient needs, and prevailing medical standards of care. 32. On or about October 15, 2007, the staff of the Health Services Unit at JCI notified Plaintiff Gotti that they intend to reduce her current hormone dosage and ultimately stop entirely her hormone therapy, because of a law that was enacted by the Wisconsin legislature and went into effect in 2006. 33. Gotti has suffered serious negative health effects when she has been without hormones temporarily in the past. On those occasions, she has experienced depression, suicidal thoughts, long crying spells, headaches, fatigue and agitation, chest pains and other body aches,
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and increased facial and body hair. The loss of some of her female physical characteristics and increased hair embarrasses her and makes her want to isolate herself. She expects and fears the same kinds of harmful effects from the reduction and termination of hormone therapy on her body and her emotional well being that she has experienced in the past.
34. On or around February 20, 2008, a physician at DCI notified Plaintiff Knutsen that her current hormone dosage would be reduced and ultimately stopped entirely, because of a law that was enacted by the Wisconsin legislature and went into effect in 2006. Shortly thereafter, DCI reduced the dosage of Knutsen’s feminizing hormone therapy.
35. As a result of the reduction in her hormone therapy dosage, Knutsen has suffered serious negative health effects, including sleeping problems, mood swings, and changes to her breast tissue.
36. On or around March 10, 2009, Dr. Scott Hoftiezer, a physician at Dodge Correctional Institution, informed Plaintiff Walker that her hormone therapy would be continued only until the end of March 2009, and then would be terminated because of Act 105. Plaintiff Walker is at risk of severe negative health effects due to the imminent termination of her hormone therapy.
37. Medical professionals experienced in the treatment of GID recognize that the abrupt reduction and termination of hormone therapy can have disastrous consequences for transgender people, including serious risk of permanent physical and emotional harm, severe danger of self-mutilation, and suicidal ideation and attempts.
38. Defendants restricted Plaintiffs’ hormone dosage, and notified them of Defendants’ intention to terminate Plaintiffs’ hormone therapy, despite Defendants’ knowledge that Plaintiffs previously had received hormone therapy and despite having provided that
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hormone therapy to Plaintiffs. 39. Defendants’ actions, which were undertaken without regard for any individualized
medical determination and contradicted previously-existing policies regarding the provision of hormone therapy, were performed with deliberate indifference to Plaintiffs’ serious medical needs.
FIRST CLAIM FOR RELIEF Brought under 42 U.S.C. Section 1983 for Violation of the Eighth Amendment to the
United States Constitution (against all Defendants)
40. Plaintiffs repeat and reallege each and every allegation in the foregoing paragraphs as if fully set forth herein.
41. Plaintiffs receive hormone therapy as treatment for their serious health condition. 42. Defendants’ application of the Act to Plaintiffs by denying them hormone therapy without consideration of any individualized medical judgment formed by Plaintiffs’ health care providers constitutes deliberate indifference to Plaintiffs’ serious medical needs and violates the Eighth Amendment’s prohibition on cruel and unusual punishment. 43. The Act, which Defendants have followed and have announced they will follow, establishes a blanket rule that denies medical treatment to Plaintiffs and all other inmates of DOC facilities without consideration of any individualized medical judgment formed by health care providers, and therefore violates the Eighth Amendment’s prohibition on cruel and unusual punishments. 44. As a direct and proximate result of Defendants’ purposeful and intentional actions, Plaintiffs have suffered and continue to suffer injury, including, without limitation, serious physical, psychological and emotional harm, mental anguish, distress, humiliation, and
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indignity.
SECOND CLAIM FOR RELIEF Brought under 42 U.S.C. Section 1983 for Violation of the Fourteenth Amendment to the
United States Constitution (against all Defendants)
45. Plaintiffs repeat and reallege each and every allegation in the foregoing paragraphs as if fully set forth herein.
46. As transsexual inmates of a DOC facility, Plaintiffs are members of an identifiable group of people.
47. Defendants provide individualized medical evaluations to other inmates at DOC facilities with serious health conditions. Those evaluations result in medical judgments that determine the course of treatment that Defendants provide to those inmates.
48. The Act, and Defendants’ application of the Act, treats Plaintiffs differently from similarly situated inmates at DOC facilities by singling Plaintiffs out for termination and denial of medical treatment, and by failing to provide treatment in accordance with individualized medical judgment.
49. Defendants’ actions towards Plaintiffs are undertaken purposefully and intentionally and bear no rational relationship to any legitimate governmental or penological interest.
50. As a direct and proximate result of Defendants’ actions, Plaintiffs have suffered and continue to suffer injury, including, without limitation, serious physical, psychological and emotional harm, mental anguish, distress, humiliation, and indignity.
RELIEF WHEREFORE, Plaintiffs pray for judgment under all her causes of action:
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(a) Awarding Plaintiffs preliminary and permanent injunctive relief against
Defendants’ enforcement of the Act against them;
(b) Declaring that the Act, both on its face and as applied to Plaintiffs, violates the
Eighth and Fourteenth Amendments to the United States Constitution;
(c) Awarding costs for the suit herein, including Plaintiffs’ reasonable attorneys’
fees and expert fees pursuant to 42 U.S.C. § 1988; and
(d) Awarding all other relief that the Court deems just and proper.
Dated this 24th day of March, 2009.
Respectfully submitted,
s/ Cole Thaler______________________ Cole Thaler Lambda Legal Defense & Education Fund, Inc. 730 Peachtree St. NE, Suite 1070 Atlanta, GA 30308 Telephone: (404) 897-1880 Fax: (404) 897-1884 Email: cthaler@lambdalegal.org
Laurence Dupuis American Civil Liberties Union of Wisconsin Foundation, Inc. State Bar No. 1029261 207 East Buffalo Street, Suite 325 Milwaukee, WI 53202-5712 (414) 272-4032
John A. Knight American Civil Liberties Union Foundation 180 N. Michigan Avenue, Suite 2300 Chicago, Illinois 60601 (312) 201-9740
Erik Guenther State Bar No. 1041774
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Hurley Burish & Stanton, SC 10 E Doty St # 320 PO Box 1528 Madison, WI 53701-1528 (608) 257-0945 Attorneys for Plaintiffs
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 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN ________________________________________________________________________

MINX GOTTI,

Plaintiff,

v.

Case No. ___________

RICK RAEMISCH, Secretary of the Wisconsin Department of Corrections; CATHY JESS, Warden of the Dodge Correctional Institution; TIM CORRELL, M.D., Dodge Correctional Institution Physician; RANDALL HEPP, Warden of the Jackson Correctional Institution; JAMES GREER, Director of the Wisconsin Department of Corrections Bureau of Health Services, in their official capacities,

Defendants.

______________________________________________________________________________

PLAINTIFF’S EMERGENCY MOTION FOR A PRELIMINARY INJUNCTION ENJOINING DEFENDANTS FROM REDUCING OR TERMINATING MINX GOTTI’S HORMONE THERAPY ______________________________________________________________________________

PLEASE TAKE NOTICE that Plaintiff hereby moves this Court, on an emergency basis

and pursuant to Fed. R. Civ. P. 65, to enter a preliminary injunction directing Defendants and

persons acting under their authority to continue administration of Minx Gotti’s hormone therapy

at the levels administered prior to her being informed that it would be reduced and terminated

because of Wis. Stat. § 302.386(5m), and enjoining Defendants from enforcing this law against

her.

Like the Plaintiffs in the case of Sundstrom v. Frank, Case No. 06-C-112 (CNC), Minx

Gotti is a prisoner at a Wisconsin Department of Corrections facility who has been diagnosed

1

Case 2:07-cv-00928-CNC Filed 10/17/07 Page 1 of 4 Document 2

with a serious medical condition, Gender Identity Disorder (GID).1 Also like the Sundstrom Plaintiffs, Ms. Gotti has been receiving hormone therapy to treat the condition. However, Ms. Gotti was told, on or about October 15, 2007, that Defendants intended to reduce her hormone dosage, solely because of Wis. Stat. § 302.386(5m) rather than the medical judgment of Department of Corrections’ medical personnel. Defendants have told Ms. Gotti that they will continue to reduce her hormone dosage until Defendants completely terminate the hormones.
Counsel for Ms. Gotti asked counsel for the Defendants in Sundstrom to stipulate to including Ms. Gotti in the injunction covering the Sundstrom Plaintiffs, but they refused to so stipulate. Consequently, Plaintiff has been forced to file this new action even though it is closely related to the Sundstrom case for purposes of seeking immediate relief to protect Ms. Gotti.
However, as set forth in the accompanying Stipulation, counsel for Defendants have agreed to stipulate to the entry of an injunction in this case that is substantially similar to that issued in Sundstrom. Once preliminary injunctive relief is granted, Plaintiff believes that any further action in this case should take place after the court rules in Sundstrom, since that ruling will likely stongly influence the result in this case.
The result to Ms. Gotti of being removed from hormones will be devastating, and her medical and psychological condition will continue to deteriorate as her body is affected by the loss of hormones. She will experience severe and life-threatening medical and psychological effects due to Defendants’ termination of her necessary medical treatment. Because the life and health of Ms. Gotti will be endangered by Defendants’ actions and intended actions, Plaintiff respectfully requests the opportunity to be heard as soon as is convenient for the Court.
1 GID involves a “strong persistent cross-gender identification” and “[p]ersistent discomfort with [one’s] sex or sense of inappropriateness in the gender role of that sex.” Diagnostic and Statistical Manual of Mental Disorders (4th ed. 1994).
2
Case 2:07-cv-00928-CNC Filed 10/17/07 Page 2 of 4 Document 2

Plaintiffs seek a Preliminary Injunction pending exhaustion of administrative remedies in
order to avert irreparable harm. Furthermore, there is no remedy that will avert the short-term
irreparable harm that Plaintiffs seek to avoid, and therefore no remedy is “available” within the
meaning of the Prison Litigation Reform Act, 42 U.S.C. § 1997(e). However, Ms. Gotti has
already initiated the grievance procedure, in accordance with Jackson Correctional Institution
procedures, to seek any relief that might be available through that process in the long-term. By
passage of 42 U.S.C. § 1997(e), Congress did not intend for inmates to suffer unconstitutionally
because of delays in administrative remedies.
In support of this motion, Plaintiff files the Declaration of Minx Gotti and the Stipulation
to Entry of Preliminary Injunctive Relief. No brief will be filed with this motion.
Dated this 17th day of October, 2007.
Respectfully submitted,
s/Laurence J. Dupuis Laurence Dupuis American Civil Liberties Union of Wisconsin Foundation, Inc. State Bar No. 1029261 207 East Buffalo Street, Suite 325 Milwaukee, WI 53202-5712 (414) 272-4032 Email: ldupuis@aclu-wi.org
John A. Knight American Civil Liberties Union Foundation 180 N. Michigan Avenue, Suite 2300 Chicago, Illinois 60601 Tel: (312) 201-9740 Fax: (312) 288-5225 Email: jaknight@aclu.org
3
Case 2:07-cv-00928-CNC Filed 10/17/07 Page 3 of 4 Document 2

Cole Thaler Lambda Legal Defense & Education Fund, Inc. 730 Peachtree St. NE, Suite 1070 Atlanta, GA 30308 (404) 897-1880 Attorneys for Plaintiffs
4 Case 2:07-cv-00928-CNC Filed 10/17/07 Page 4 of 4 Document 2

 
 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN ________________________________________________________________________

MINX GOTTI (f/k/a Alexander LeFlore),

Plaintiff,

v.

Case No. 07-C-0928

RICK RAEMISCH, Secretary of the Wisconsin Department of Corrections; CATHY JESS, Warden of the Dodge Correctional Institution; TIM CORRELL, M.D., Dodge Correctional Institution Physician; RANDALL HEPP, Warden of the Jackson Correctional Institution; JAMES GREER, Director of the Wisconsin Department of Corrections Bureau of Health Services, in their official capacities,

Defendants.

_______________________________________________________________________

ORDER GRANTING PLAINTIFF’S EMERGENCY MOTION FOR A PRELIMINARY INJUNCTION ENJOINING DEFENDANTS FROM REDUCING OR TERMINATING MINX GOTTI’S HORMONE THERAPY ________________________________________________________________________

After considering the complaint for Declaratory and Injunctive Relief, the

Plaintiffs’ Emergency Motion for a Preliminary Injunction, the Declaration of Minx

Gotti, and the parties’ stipulation of October 17, 2007,

IT IS ORDERED that Plaintiffs’ Emergency Motion for a Preliminary Injunction

is granted.

IT IS FURTHER ORDERED that defendants and persons acting under

their authority or the authority of the State of Wisconsin are enjoined from

withdrawing any hormonal therapy prescribed to the plaintiff, Minx Gotti, and are

directed to continue administration of Gotti’s hormone therapy at the level Gotti was

Case 2:07-cv-00928-CNC Filed 10/18/07 Page 1 of 2 Document 7

receiving before that level was reduced to comply with Wis. Stat. § 302.386(5m), until the court issues a final decision in this case.
Dated at Milwaukee, Wisconsin, this 18th day of October, 2007. BY THE COURT s/ C. N. CLEVERT, JR. _________________________ C. N. CLEVERT, JR. U.S. District Judge
Case 2:07-cv-00928-CNC Filed 10/18/07 Page 2 of 2 Document 7

 
 Case: 2:07-cv-00928-CNC As of: 07/14/2011 09:06 PM CDT 1 of 6
CLOSED, PRISONER
United States District Court Eastern District of Wisconsin (Milwaukee) CIVIL DOCKET FOR CASE #: 2:07−cv−00928−CNC

Gotti v. Raemisch et al Assigned to: Chief Judge Charles N Clevert, Jr related Case: 2:06−cv−00112−CNC Cause: 42:1983 Prisoner Civil Rights
Plaintiff Minx Gotti TERMINATED: 06/22/2010

Date Filed: 10/17/2007 Date Terminated: 08/18/2010 Jury Demand: None Nature of Suit: 555 Prisoner: Conditions of Confinement Jurisdiction: Federal Question
represented by Cole A Thaler Lambda Legal Defense and Education Fund Inc 730 Peachtree St NE − Ste 1070 Atlanta, GA 30308 404−897−1880 x232 Fax: 404−897−1884 Email: cthaler@lambdalegal.org TERMINATED: 04/16/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Erik R Guenther Hurley Burish &Stanton SC 33 E Main St − Ste 400 PO Box 1528 Madison, WI 53701−1528 608−257−0945 Fax: 608−257−5764 Email: eguenther@hbslawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John A Knight American Civil Liberties Union Foundation Inc 180 N Michigan Ave − Ste 2300 Chicago, IL 60601 312−201−9740 Fax: 312−288−5225 Email: jknight@aclu−il.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laurence J Dupuis American Civil Liberties Union of WI Foundation Inc 207 E Buffalo St − Ste 325 Milwaukee, WI 53202 414−272−4032 Fax: 414−272−0182 Email: ldupuis@aclu−wi.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dru M Levasseur Lambda Legal Defense and Education Fund Inc 120 Wall St − Ste 1500 New York, NY 10005−3904

Case: 2:07-cv-00928-CNC As of: 07/14/2011 09:06 PM CDT 2 of 6

212−809−8585 Fax: 212−809−0055 Email: dlevasseur@lambdalegal.org ATTORNEY TO BE NOTICED

Plaintiff Jeffrey Knutsen

represented by Cole A Thaler (See above for address) TERMINATED: 04/16/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erik R Guenther (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John A Knight (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurence J Dupuis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dru M Levasseur (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Darrick Walker TERMINATED: 06/22/2010

represented by Cole A Thaler (See above for address) TERMINATED: 04/16/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Erik R Guenther (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John A Knight (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laurence J Dupuis (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dru M Levasseur (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Rick Raemisch

represented by Corey F Finkelmeyer Wisconsin Department of Justice

Case: 2:07-cv-00928-CNC As of: 07/14/2011 09:06 PM CDT 3 of 6

Office of the Attorney General 17 W Main St PO Box 7857 Madison, WI 53707−7857 608−266−7342 Fax: 608−267−8906 Email: finkelmeyercf@doj.state.wi.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Francis X Sullivan Wisconsin Department of Justice Office of the Attorney General 17 W Main St PO Box 7857 Madison, WI 53707−7857 608−267−2222 Fax: 608−267−2223 Email: sullivanfx@doj.state.wi.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

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 Email: schmelzerjj@doj.state.wi.us LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Cathy Jess

represented by Corey F Finkelmeyer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Francis X Sullivan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jody J Schmelzer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Dr Correll sued as Tim Correll MD

represented by Corey F Finkelmeyer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Francis X Sullivan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jody J Schmelzer (See above for address) LEAD ATTORNEY

Case: 2:07-cv-00928-CNC As of: 07/14/2011 09:06 PM CDT 4 of 6

ATTORNEY TO BE NOTICED

Defendant Randall R Hepp

represented by Corey F Finkelmeyer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Francis X Sullivan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jody J Schmelzer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant James Greer

represented by Corey F Finkelmeyer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Francis X Sullivan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jody J Schmelzer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 10/17/2007
10/17/2007 10/17/2007 10/17/2007 10/17/2007 10/18/2007 10/18/2007
10/19/2007 11/05/2007

# Docket Text
1 PRISONER COMPLAINT against all defendants filed by Minx Gotti. Consent forms to be distributed for Magistrate Judge Patricia J. Gorence. (Filing Fee PAID $350; Receipt #101−130503) (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)
2 EMERGENCY MOTION for Preliminary Injunction by Minx Gotti. (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)
3 PROPOSED ORDER regarding Motion for Preliminary Injunction filed by Minx Gotti. (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)
4 DECLARATION of Minx A. Gotti. (mlm) Additional attachment(s) added on 10/19/2007 (kah). Modified on 10/19/2007 (kah). (Entered: 10/18/2007)
5 STIPULATION to the Entry of Preliminary Injunctive Relief by all parties. (mlm) Document added on 10/18/2007 (bet) (Entered: 10/18/2007)
6 LETTER from Deputy Clerk to counsel requesting Certificate of Interest. (mlm)
7 ORDER signed by Judge Charles N Clevert Jr on 10/18/2007 granting 2 Motion for Preliminary Injunction. (cc: all counsel) ((mj), C. N. CLEVERT, JR.) (Entered: 10/19/2007)
8 CERTIFICATE of Interest by all plaintiffs. (Dupuis, Laurence)
9 ANSWER to Prisoner Complaint for Declaratory and Injunctive Relief by all defendants. (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)

Case: 2:07-cv-00928-CNC As of: 07/14/2011 09:06 PM CDT 5 of 6

11/06/2007 11/06/2007
11/06/2007 12/19/2007 12/19/2007 02/12/2008 04/25/2008 04/25/2008 04/25/2008 05/02/2008
05/02/2008 05/05/2008
03/24/2009
03/24/2009 03/25/2009 03/25/2009
04/01/2009

10 Docket Annotation to Atty Schmelzer re: doc. 9. (kah)
11 WAIVER OF SERVICE Returned Executed by James Greer waiver sent on 10/19/2007, answer due 12/18/2007; Rick Raemisch waiver sent on 10/19/2007, answer due 12/18/2007; Cathy Jess waiver sent on 10/19/2007, answer due 12/18/2007; Dr Correll waiver sent on 10/19/2007, answer due 12/18/2007; Randall R Hepp waiver sent on 10/19/2007, answer due 12/18/2007. (Dupuis, Laurence)
12 CERTIFICATE OF SERVICE by Minx Gotti Executed Waiver of Service of Summons (Dupuis, Laurence)
13 REPORT of Rule 26(f) Plan by all parties. (Knight, John)
14 CERTIFICATE OF SERVICE by Minx Gotti (Knight, John)
15 ORDER Granting Parties' Request to Stay this Case signed by Judge Charles N Clevert Jr on 2/12/08. (cc: all counsel)((mj), C. N. CLEVERT, JR.) (Entered: 02/13/2008)
16 MOTION to Amend/Correct Complaint to Add Plaintiff Jeffrey Knutsen, and for Extension of Preliminary Injunctive Relief to Her by all plaintiffs. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Thaler, Cole)
17 STIPULATION to the Addition of Plaintiff Jeffrey Knutsen, and to the Extension of Preliminary Injunctive Relief to Her by all parties. (Thaler, Cole)
18 CERTIFICATE OF SERVICE by all plaintiffs (Thaler, Cole)
19 ORDER signed by Judge Charles N Clevert, Jr on 5/2/08 GRANTING 16 Motion for Amendment of Complaint to Add Plantiff Jeffrey Knutsen and for Extension of Preliminary Injunctive Relief; and further ordering that that this courts order of October 18, 2007, Granting Plaintiffs Emergency Motion for Preliminary Injunction Enjoining Defendants from Reducing or Terminating Minx Gottis Hormone Therapy is extended to plaintiff Knutsen. (cc: all counsel) (cef) (C.N. Clevert, Jr.) (Entered: 05/05/2008)
21 AMENDED COMPLAINT against all defendants filed by Jeffrey Knutsen, Minx Gotti. (kah) (Entered: 05/06/2008)
20 RESPONSE to 21 Amended Complaint Motion re 16 MOTION to Amend/Correct Complaint to Add Plaintiff Jeffrey Knutsen, and for Extension of Preliminary Injunctive Relief to Her Defendants' Answer and Affirmative Defenses to Plaintiffs' Amended Complaint For Declaratory and Injunctive Relief filed by all defendants (Attachments: # 1 Certificate of Service)(Schmelzer, Jody) Modified link on 5/6/2008 (kah).
22 TO BE REFILED MOTION to Amend/Correct Complaint TO ADD PLAINTIFF DARRICK WALKER, AND FOR EXTENSION OF PRELIMINARY INJUNCTIVE RELIEF TO HER by all plaintiffs. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order, # 3 Certificate of Service)(Thaler, Cole) Modified on 3/25/2009 (kah).
23 STIPULATION TO THE ADDITION OF PLAINTIFF DARRICK WALKER, AND TO THE EXTENSION OF PRELIMINARY INJUNCTIVE RELIEF TO HER by all parties. (Thaler, Cole)
24 Docket Annotation to Atty Thaler re: doc. 22. (kah)
25 MOTION to Amend/Correct Complaint TO ADD PLAINTIFF DARRICK WALKER, MOTION EXTENSION OF PRELIMINARY INJUNCTIVE RELIEF by all plaintiffs. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order, # 3 Certificate of Service)(Thaler, Cole)
26 ORDER Granting Motion For Amendment of Complaint to Add Plaintiff Darrick Walker and Extension of Preliminary Injunction Relief 25 . Further ordering that the Clerk file the proposed amended complaint as the Second Amended Complaint. (cc: all counsel) ((cef), C. N. Clevert, Jr.) (Entered: 04/02/2009)

Case: 2:07-cv-00928-CNC As of: 07/14/2011 09:06 PM CDT 6 of 6

04/01/2009 04/13/2009 04/12/2010 04/16/2010 05/13/2010
06/17/2010
08/18/2010 08/18/2010

27 SECOND AMENDED COMPLAINT against all defendants filed by all pltfs; added Darrick Walker. (kah) (Entered: 04/03/2009)
28 ANSWER to 27 Amended Complaint by all defendants. (Attachments: # 1 Certificate of Service)(Schmelzer, Jody)
NOTICE: Status Conference is set for 5/13/10 at 3:00 PM in Courtroom 222 before Chief Judge Charles N Clevert Jr. ((cef), C. N. Clevert, Jr.)
29 NOTICE of Appearance by Dru M Levasseur on behalf of All Plaintiffs. Attorney(s) appearing: M. Dru Levasseur (Levasseur, Dru)
30 MINUTE ORDER. Status Conference held on 5/13/10. JOINT STATUS CONFERENCE is set for 6/17/10 at 10:00 AM in Courtroom 222. Parties are to submit a draft final judgment with language regarding the injunctive relief which is to be granted in Case No. 06−C−112. The parties stipulate to extend the deadline for filing a petition for attorneys' fees by at least 14 days from the date of the June 17th status conference. Parties agree that a decision in Fields will be binding in Gotti. To that extent, the parties are to prepare a stipulation and proposed order. (Tape #2:57:33 to 3:12:16) ((kwb), C. N. Clevert, Jr.) (Entered: 05/14/2010)
31 MINUTE ORDER. Joint Status Conference held on 6/17/10. In CASE NO. 06−C−112 the court will enter an order granting the parties' joint motion to hold in abeyance proceedings re attorneys' fees and costs pending the outcome of the appeal. In CASE NO.07−C−928, plaintiffs Minx GOTTI and Darrick WALKER are DISMISSED pursuant to the representations of counsel. As to Jeffrey KNUTSEN, the remaining plaintiff, a STATUS CONFERENCE will be held on 8/30/10 at 1:30 PM in Courtroom 222. Defense counsel is granted leave to appear by telephone. (Tape #10:23:04 to 10:33:49) ((kwb), C. N. Clevert, Jr.) (Entered: 06/22/2010)
32 STIPULATION of Dismissal without Prejudice as Moot by Dr Correll, Minx Gotti, James Greer, Randall R Hepp, Cathy Jess, Jeffrey Knutsen, Rick Raemisch, Darrick Walker. (Dupuis, Laurence)
Case Terminated per 32 Stipulation to Dismiss Without Prejudice (kah) (Entered: 08/19/2010)