United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. Rosenstengel, Chief U.S. District Judge.
Tay Tay is a transgender inmate of the Illinois Department of
Corrections (“IDOC”) who is currently
incarcerated at Danville Correctional Center
(“Danville”). On May 14, 2019, Plaintiff,
represented by counsel and paying the full filing fee, filed
her Complaint alleging deprivations of her constitutional
rights pursuant to 42 U.S.C. § 1983, violations of the
Americans with Disabilities Act (“ADA”), and a
state law claim for intentional infliction of emotional
distress. (Doc. 1). Plaintiff claims that because she is a
transgender inmate housed in a men's prison, she has been
subjected to and continues to be subjected to a substantial
risk of serious harm. Plaintiff also has filed a Motion for
Preliminary Injunction seeking an Order directing her
transfer to Logan Correctional Center, a women's prison,
and ensuring her protection from sexual abuse and harassment
at the hands of IDOC staff and other inmates. (Doc. 2).
case is now before the Court for preliminary review of the
Complaint pursuant to 28 U.S.C. § 1915A. Under Section
1915A, the Court is required to screen prisoner complaints to
filter out non-meritorious claims. See 28 U.S.C.
§ 1915A(a). Any portion of a complaint that is legally
frivolous, malicious, fails to state a claim upon which
relief may be granted, or asks for money damages from a
defendant who by law is immune from such relief must be
dismissed. 28 U.S.C. § 1915A(b). At this juncture, the
factual allegations of the pro se complaint are to
be liberally construed. Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009).
makes the following allegations in the Complaint: Plaintiff
is a transgender woman currently housed in Danville, a
men's prison. (Doc. 1, p. 1). She began identifying as a
female 27 years ago. (Doc. 1, p. 4). In 2010, she was
diagnosed with gender dysphoria. (Doc. 1, p. 5). During her
time in IDOC custody, she has been repeatedly sexually
assaulted by other inmates. (Doc. 1, pp. 1-2). In 2018-2019,
she was housed at Shawnee Correctional Center, Dixon
Correctional Center, Graham Correctional Center, and
Danville, which are men's prisons. (Doc. 1, pp. 6-12). At
those facilities, she was subjected to repeated sexual
harassment by IDOC staff and other inmates because of her
gender identity. (Doc. 1, pp. 2, 6-12).
result of the abuse Plaintiff has endured, she has
experienced several mental health crises, including several
suicide attempts and self-mutilation episodes. (Doc. 1, pp.
2, 6). She has repeatedly requested that IDOC staff keep her
safe, including by transferring her to a women's prison.
(Doc. 1, pp. 2, 7-12). IDOC officials have denied her
requests in accordance with IDOC's policy and practice of
housing inmates according to their sex assigned at birth.
(Doc. 1, pp. 2, 13, 21-22). Plaintiff continues to
be in danger of sexual harassment and abuse while housed in
men's prisons. (Doc. 1, pp. 2, 5-12).
connection with these allegations, Plaintiff brings six
counts: Fourteenth Amendment Equal Protection claims against
Baldwin in his official capacity (Counts 1 and 2); Eighth
Amendment failure to protect claim against all Defendants in
their individual capacities (Count 3); ADA claim against
Baldwin in his official capacity (Count 4); unlawful policy
and practice (Monell) claim against Baldwin in his
official capacity (Count 5); and Illinois state law claim for
intentional infliction of emotional distress against all
Defendants (Count 6). Without commenting on the merits of
Plaintiff's claims, the Court finds that Counts 1-6
survive preliminary review under Section 1915A.
for Preliminary Injunction and Identification of John
and Dennison are appropriate official capacity defendants
with respect to Plaintiff's request for injunctive relief
and identifying the unknown John Doe defendant. See
Gonzalez v. Feinerman, 663 F.3d 311, 315 (7th Cir.
2011); Rodriguez v. Plymouth Ambulance Serv., 577
F.3d 816, 832 (7th Cir. 2009). Accordingly, in addition to
responding to any applicable individual and/or official
capacity claims, these individuals will remain on the docket
to address any injunctive relief that might be ordered and to
respond to discovery aimed at identifying the unknown John
IS HEREBY ORDERED that COUNTS 1, 2,
4, and 5 shall receive further
review as to BALDWIN in his official
capacity. COUNTS 3 and 6
shall receive further review as to JOHN BALDWIN,
WARDEN JEFF DENNISON, ASSISTANT WARDEN WALKER, KRISTIN
HAMMERSLEY, SERGEANT HICKS, LIEUTENANT PICKFORD, OFFICER
GARRET, OFFICER SORIA, LIEUTENANT CAMPBELL, INTERNAL AFFAIRS
OFFICER STUCK, and OFFICER JOHN
DOE, in their individual capacities. Plaintiffs
counsel will be responsible for completing service of process
in this case.
Court will enter a separate order setting a hearing on the
Motion for Preliminary Injunction and directing Defendants to
respond to the same.
this entire matter be REFERRED to a United
States Magistrate Judge for disposition, as contemplated by
Local Rule 72.2(b)(3) and 28 U.S.C. § 636(c), should
all the parties consent to such a referral.