Case: Hicklin v. Precynthe

4:16-cv-01357 | U.S. District Court for the Eastern District of Missouri

Filed Date: Aug. 22, 2016

Case Ongoing

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Case Summary

On August 22, 2016, a 37-year-old transgender woman incarcerated in the Potosi Correctional Center filed this lawsuit in the U.S. District Court for the Eastern District of Missouri. The plaintiff sued the Missouri Department of Corrections (MDOC) and Corizon LLC, the contracted medical provider for MDOC, under 42 U.S.C. § 1983. Represented by Lambda Legal, she sought injunctive and declaratory relief, claiming violations of the Eighth Amendment’s Cruel and Unusual Punishment Clause. Judge Noel…

The plaintiff alleged that the defendants failed to provide medical care despite the plaintiff’s serious medical needs. The plaintiff was diagnosed with gender dysphoria and deemed by her doctors to be in need of medical services. The defendants were aware of the plaintiff’s condition but denied medical care. The defendants, in defense, cited a policy called “freeze-frame.” This policy denied gender dysphoria treatment unless the individual had received gender dysphoria medical care prior to being incarcerated in MDOC.

On April 4, 2017, the plaintiff filed a motion for a preliminary injunction asking for medical care necessary for gender dysphoria. This motion sought hormone therapy, access to permanent body hair removal, and access to gender affirming canteen items. In addition, the plaintiff asked that the court declare that the defendants’ freeze-frame policy to be unconstitutional under the Eighth Amendment as cruel and unusual punishment.

On February 9, 2018, the court granted in part and denied in part the plaintiff’s preliminary injunction request. The court granted the plaintiff’s request that she receive the medical care needed for gender dysphoria such as hormone therapy, access to permanent body hair removal, and access to gender affirming canteen items. The court, however, denied the plaintiff’s request that the defendants’ policy should be declared unconstitutional. The court’s rationale was that there should not be a blanket rule in cases involving medical care and individuals incarcerated within a prison system. These decisions, according to the court, should be individualized. For that same reason, declaratory relief was denied. 2018 WL 806764.

The plaintiff continued to challenge the defendants’ policy. On February 26, 2018, the plaintiff amended her complaint for declaratory and injunctive relief. This amendment clarified that the plaintiff was not only challenging the application of the policy but also the constitutionality of the policy on its face.

On March 30, 2018, the plaintiff updated her request for declaratory judgment and a permanent injunction. And then, on May 22, 2018, the court granted the plaintiff’s request for declaratory relief and a permanent injunction. The court declared that the defendants’ failure to provide the necessary medical care was a violation of the Eighth Amendment. Moreover, the freeze-frame policy violated the Eighth Amendment by failing to account for individual medical needs of transgender prisoners who suffer from gender dysphoria, and the defendants were prohibited from implementing the freeze frame policy. The defendants were ordered to provide treatment medically necessary for the plaintiff’s gender dysphoria, including hormone therapy, permanent hair removal, and access to gender-affirming canteen items as long as she remained in custody. The defendants did not oppose the plaintiff’s motions and, prior to the order, the plaintiff agreed to dismiss the individual Corizon defendants.

Furthermore, the defendants were ordered to pay for the plaintiff’s attorney’s fees and costs under 42 U.S.C. § 1988. The parties were ordered to reach an agreement on a reasonable amount for the attorney’s fees and costs. After some litigation, Magistrate Judge Collins ordered that the defendants must pay $289,164.02 in fees and $65,391.58 in costs on March 27, 2019.

On May 6, 2021, the parties had a status conference over a dispute regarding whether the injunction required the defendants to provide medically necessary gender confirmation surgery and pre-surgery consultation. The next day, the court ordered the plaintiff to file a motion to clarify the permanent injunction on this issue. The plaintiffs did so later that month. Two months later, on July 14, the defendants moved to terminate the permanent injunction.

Later that year, on December 13, the court denied the plaintiff’s motion to clarify the permanent injunction. The court held that the permanent injunction did not encompass gender confirmation surgery or pre-surgical consultation because the plaintiff had not included the surgery as part of her complaint or requests for relief: previously, she had only requested hormone therapy, body hair removal, and gender-affirming canteen items. The court also held that the defendants’ motion to terminate the injunction was moot because the motion was only focused on the issue of gender confirmation surgery. 2021 WL 5881766.

As of December 18, 2023, there are no further entries in the docket, and the permanent injunction against the "freeze-frame" policy remains in force.

Summary Authors

Sean Whetstone (5/23/2018)

Alex Moody (5/26/2020)

Venesa Haska (12/18/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4515009/parties/hicklin-v-lombardi/

Judge(s)

Collins, Noelle C (Missouri)

Attorney for Plaintiff

Braunstein, Frederick Andrew (New York)

Butler, Marla R. (Minnesota)

Charles, Carl (New York)

Attorney for Defendant

Dean, David D. (Missouri)

Judge(s)

Collins, Noelle C (Missouri)

Attorney for Plaintiff

Braunstein, Frederick Andrew (New York)

Butler, Marla R. (Minnesota)

Charles, Carl (New York)

Gonzalez-Pagan, Omar (Missouri)

Gordon, Demoya Renee (New York)

Ingelhart, Kara (Missouri)

Olson, Rajin Singh (Minnesota)

Palazzolo, Kyle A. (Illinois)

Palazzolo [DUP], Kyle Anthony (Illinois)

Roberg−Perez, Sharon Elizabeth (Minnesota)

Saenz, Richard (New York)

Schriener, Kevin L. (Missouri)

Attorney for Defendant

Dean, David D. (Missouri)

Eckenrode, J. Thaddeus (Missouri)

Luepke, Henry F. III (Missouri)

Peek, Kevin K. (Missouri)

Sauer, Dean John (Missouri)

Schaeffer, Robert Joseph (Missouri)

Sr, Jeremiah Joseph (Missouri)

Valdez, Alejandro Simon (Missouri)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:16-cv-01357	Docket [PACER] Hicklin v. Lombardi	April 19, 2018	April 19, 2018 Docket
19 4:16-cv-01357	Complaint for Declaratory and Injunctive Relief Hicklin v. Lombardi	Aug. 22, 2016	Aug. 22, 2016 Complaint
63 4:16-cv-01357	Plaintiff's Motion for Preliminary Injunction Hicklin v. Lombardi	April 4, 2017	April 4, 2017 Pleading / Motion / Brief
64 4:16-cv-01357	Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction Hicklin v. Lombardi	April 4, 2017	April 4, 2017 Pleading / Motion / Brief
145 4:16-cv-01357	Memorandum and Order Hicklin v. Lombardi	Feb. 9, 2018	Feb. 9, 2018 Order/Opinion 2018 WL 806764
152 4:16-cv-01357	First Amended Complaint for Declaratory and Injunctive Relief Hicklin v. Lombardi	Feb. 26, 2018	Feb. 26, 2018 Complaint
163 4:16-cv-01357	Plaintiff's Motion for Declaratory Relief and a Permanent Injunction Hicklin v. Lombardi	March 30, 2018	March 30, 2018 Pleading / Motion / Brief
164 4:16-cv-01357	Memorandum of Law in Support of Plaintiff's Motion for Declaratory Relief and a Permanent Injunction Hicklin v. Lombardi	March 30, 2018	March 30, 2018 Pleading / Motion / Brief
176 4:16-cv-01357	Memorandum and Order and Permanent Injunction	May 22, 2018	May 22, 2018 Order/Opinion
218 4:16-cv-01357	Memorandum And Order	Dec. 13, 2021	Dec. 13, 2021 Order/Opinion 2021 WL 5881766

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4515009/hicklin-v-lombardi/

Last updated April 1, 2026, 5:08 a.m.

ECF Number	Date	Description	Link
1	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
2	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
3	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
4	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
5	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
6	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
7	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
8	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
9	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
10	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Defendant George Lombardi Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
11	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
12	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
13	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
14	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
15	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
16	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
17	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Defendant Ian Wallace Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
18	Aug. 22, 2016	NOTICE OF PROCESS SERVER by Plaintiff Jessica Hicklin Process Server: Scott Fitzgerald (Schriener, Kevin) (Entered: 08/22/2016)	RECAP
19	Aug. 22, 2016	COMPLAINT against defendants All Defendants with receipt number 0865-5550597, in the amount of $400 Non-Jury Demand,, filed by Jessica Hicklin. (Attachments: # 1 Civil Cover Sheet, # 2 Original Filing Form, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons)(Schriener, Kevin) Modified on 8/22/2016 (JWD). (Entered: 08/22/2016) 1 Civil Cover Sheet View on PACER 2 Original Filing Form View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER 11 Summons View on PACER 12 Summons View on PACER 13 Summons View on PACER 14 Summons View on PACER 15 Summons View on PACER 16 Summons View on PACER 17 Summons View on PACER 18 Summons View on PACER 19 Summons View on PACER 20 Summons View on PACER	RECAP
20	Aug. 22, 2016	MOTION for Leave to Appear Pro Hac Vice Demoya R. Gordon. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5551098) by Plaintiff Jessica Hicklin. (Attachments: # 1 Certificate of Good Standing)(Gordon, Demoya) (Entered: 08/22/2016) 1 Certificate of Good Standing View on PACER	RECAP
21	Aug. 23, 2016	First MOTION for Leave to Appear Pro Hac Vice Richard Saenz. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5552113) by Plaintiff Jessica Hicklin. (Attachments: # 1 Certificate of Good Standing)(Saenz, Richard) (Entered: 08/23/2016) 1 Certificate of Good Standing View on PACER	RECAP
22	Aug. 23, 2016	MOTION for Leave to Appear Pro Hac Vice Kyle A. Palazzolo. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5552616) by Plaintiff Jessica Hicklin. (Attachments: # 1 Attachment Full list of bars, State and Federal, that Kyle Palazzolo is a member, # 2 Certificate of Good Standing Certificate of Admission/Good standing)(Palazzolo, Kyle) (Entered: 08/23/2016) 1 Attachment Full list of bars, State and Federal, that Kyle Palazzolo is a member View on PACER 2 Certificate of Good Standing Certificate of Admission/Good standing View on PACER	RECAP
23	Aug. 23, 2016	Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW) (Entered: 08/23/2016)	RECAP
	Aug. 23, 2016	Case Opening Notification
	Aug. 23, 2016	Case Assignment Local Rule 2.08
	Aug. 23, 2016	Case Opening Notification: 18 Summons(es) issued. The summons were emailed to attorney Kevin L. Schriener. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form (moed-0041.pdf) consenting to or opting out of the Magistrate Judge jurisdiction. Judge Assigned: U.S. Magistrate Judge Noelle C. Collins. (BAK)
24	Aug. 24, 2016	Docket Text ORDER: IT IS HEREBY ORDERED that the Verified Motions for Admission Pro Hac Vice (Docs. 20, 21, 22 ) filed by Demoya R. Gordon, Richard Saenz, and Kyle A. Palazzolo, counsel for Plaintiff Jessica Hicklin, are GRANTED. IT IS FURTHER ORDERED that Demoya R. Gordon, Richard Saenz, and Kyle A. Palazzolo are hereby admitted for the purpose of representing Jessica Hicklin in this matter. Signed by Magistrate Judge Noelle C. Collins on 08/24/2016. (KBL) (Entered: 08/24/2016)	RECAP
	Aug. 24, 2016	A Docket Text Order
25	Sept. 8, 2016	ENTRY of Appearance by Henry F. Luepke, III for Defendants Cindy Griffith, Dwayne Kempker, George Lombardi, Scott O'Kelly, Stan Payne, Ian Wallace, Deloise Williams. (Luepke, Henry) (Entered: 09/08/2016)	RECAP
26	Sept. 16, 2016	ENTRY of Appearance by J. Thaddeus Eckenrode for Defendant Corizon Health, Inc.. (Eckenrode, J.) (Entered: 09/16/2016)	RECAP
27	Sept. 16, 2016	ANSWER to 19 Complaint,, by Corizon Health, Inc..(Eckenrode, J.) (Entered: 09/16/2016)	RECAP
28	Sept. 26, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Corizon Health, Inc. served on 8/26/2016, answer due 9/16/2016. (Gordon, Demoya) (Additional attachment(s) added on 9/29/2016: # 1 Summons Original Issued) (NEB). (Entered: 09/26/2016)	RECAP
29	Sept. 26, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Cindy Griffith served on 8/26/2016, answer due 9/16/2016. (Gordon, Demoya) (Additional attachment(s) added on 9/29/2016: # 1 Summons Original/Issued) (NEB). (Entered: 09/26/2016)	RECAP
30	Sept. 26, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Dawn Wade served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Additional attachment(s) added on 9/29/2016: # 1 Summons Original/Issued) (NEB). (Entered: 09/26/2016)	RECAP
31	Sept. 29, 2016	ENTRY of Appearance by J. Thaddeus Eckenrode for Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade. (Eckenrode, J.) (Entered: 09/29/2016)	RECAP
32	Sept. 29, 2016	ANSWER to 19 Complaint,, by William McKinney.(Eckenrode, J.) (Entered: 09/29/2016)	RECAP
33	Sept. 29, 2016	ANSWER to 19 Complaint,, by Glen Babich.(Eckenrode, J.) (Entered: 09/29/2016)	RECAP
34	Sept. 29, 2016	ANSWER to 19 Complaint,, by T.K. Bredeman.(Eckenrode, J.) (Entered: 09/29/2016)	RECAP
35	Sept. 29, 2016	ANSWER to 19 Complaint,, by Diana Larkin.(Eckenrode, J.) (Entered: 09/29/2016)	RECAP
36	Sept. 29, 2016	ANSWER to 19 Complaint,, by Kimberley S. Randolph.(Eckenrode, J.) (Entered: 09/29/2016)	RECAP
37	Sept. 29, 2016	ANSWER to 19 Complaint,, by Dawn Wade.(Eckenrode, J.) (Entered: 09/29/2016)	RECAP
38	Sept. 29, 2016	ANSWER to 19 Complaint,, by Stormi Moeller.(Eckenrode, J.) (Entered: 09/29/2016)	RECAP
39	Sept. 29, 2016	ANSWER to 19 Complaint,, by Shirley Eyman.(Eckenrode, J.) (Entered: 09/29/2016)	RECAP
40	Sept. 29, 2016	ANSWER to 19 Complaint,, by Elizabeth Atterberry.(Eckenrode, J.) (Entered: 09/29/2016)	RECAP
41	Sept. 29, 2016	ANSWER to 19 Complaint,, by Kim Foster.(Eckenrode, J.) (Entered: 09/29/2016)	RECAP
42	Sept. 30, 2016	ANSWER to 19 Complaint,, by Cindy Griffith, Dwayne Kempker, George Lombardi, Scott O'Kelly, Stan Payne, Ian Wallace, Deloise Williams.(Luepke, Henry) (Entered: 09/30/2016)	RECAP
43	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Deloise Williams served on 8/25/2016, answer due 9/15/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
44	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Diana Larkin served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
45	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. defendantElizabeth Atterberry served on 9/8/2016, answer due 11/7/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
46	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. George Lombardi served on 8/25/2016, answer due 9/15/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
47	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Glen Babich served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
48	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Ian Wallace served on 8/25/2016, answer due 9/15/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
49	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Kim Foster served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
50	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Kimberley S. Randolph served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
51	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Scott O'Kelly served on 8/25/2016, answer due 9/15/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
52	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Shirley Eyman served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
53	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Stan Payne served on 8/26/2016, answer due 9/16/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
54	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. Stormi Moeller served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
55	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. T.K. Bredeman served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
56	Oct. 3, 2016	SUMMONS Returned Executed filed by Jessica Hicklin. William McKinney served on 9/8/2016, answer due 9/29/2016. (Gordon, Demoya) (Entered: 10/03/2016)	RECAP
	Oct. 6, 2016	Letter Magistrate Consent Non-Compliance
	Oct. 6, 2016	Notice from Clerk instructing Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Corizon Health, Inc., Shirley Eyman, Kim Foster, Cindy Griffith, Dwayne Kempker, Diana Larkin, George Lombardi, William McKinney, Stormi Moeller, Scott O'Kelly, Stan Payne, Kimberley S. Randolph, Dawn Wade, Ian Wallace, Deloise Williams to submit Notice regarding Magistrate Judge Jurisdiction. Click here for the instructions. (NEB)
57	Oct. 12, 2016	FULL CONSENT has been received by Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Corizon Health, Inc., Shirley Eyman, Kim Foster, Cindy Griffith, Dwayne Kempker, Diana Larkin, George Lombardi, William McKinney, Stormi Moeller, Scott O'Kelly, Stan Payne, Kimberley S. Randolph, Dawn Wade, Ian Wallace, Deloise Williams, Plaintiff Jessica Hicklin. (KCB) (Entered: 10/12/2016)	RECAP
58	Oct. 13, 2016	RULE 16 ORDER This case is assigned to Track: two Joint Scheduling Plan due by 11/9/2016. Rule 16 Conference set for 11/16/2016 01:30 PM in Chambers before Magistrate Judge Noelle C. Collins. (SEE ORDER FOR COMPLETE DETAILS.) Signed by Magistrate Judge Noelle C. Collins on 10/13/2016. (KCB) (Entered: 10/13/2016)	RECAP
59	Nov. 9, 2016	JOINT SCHEDULING PLAN by Plaintiff Jessica Hicklin. . (Gordon, Demoya) (Entered: 11/09/2016)	RECAP
60	Nov. 14, 2016	ENTRY of Appearance by Kevin K. Peek for Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade. (Peek, Kevin) (Entered: 11/14/2016)	RECAP
61	Nov. 16, 2016	Minute Entry for proceedings held before Magistrate Judge Noelle C. Collins: Rule 16 Conference held on 11/16/2016. Conference held in person. CMO to issue. (FTR Gold: No) (KCB) (Entered: 11/16/2016)	RECAP
62	Nov. 16, 2016	CASE MANAGEMENT ORDER This case is assigned to Track: three Motion to Join Parties due by 12/16/2016. Discovery Completion due by 9/30/2017. Non-Dispositive Motions due by 10/11/2017. ADR Future Reference 9/11/2017. Dispositive Motions due by 10/31/2017. Jury Trial set for 5/7/2018 09:30 AM in Courtroom 15N before Magistrate Judge Noelle C. Collins. Pretrial Conference set for 4/30/2018 10:00 AM in Courtroom 15N before Magistrate Judge Noelle C. Collins. (SEE ORDER FOR COMPLETE DETAILS.) Signed by Magistrate Judge Noelle C. Collins on 11/16/216. (KCB) (Entered: 11/16/2016)	RECAP
63	April 4, 2017	MOTION for Preliminary Injunction by Plaintiff Jessica Hicklin. (Schriener, Kevin) (Entered: 04/04/2017)	RECAP
64	April 4, 2017	MEMORANDUM in Support of Motion re 63 MOTION for Preliminary Injunction filed by Plaintiff Jessica Hicklin. (Attachments: # 1 Affidavit Dr. Ettner Declaration, # 2 Affidavit Dr. Throop Delcaration, # 3 Exhibit Dr. Throop Exhibit A, # 4 Exhibit Dr. Throop Exhibit B, # 5 Affidavit Demoya Gordon Declaration, # 6 Exhibit Demoya Gordon Exhibit A, # 7 Text of Proposed Order Proposed Order Granting Preliminary Injunction)(Schriener, Kevin) (Entered: 04/04/2017) 1 Affidavit Dr. Ettner Declaration View on RECAP 2 Affidavit Dr. Throop Delcaration View on PACER 3 Exhibit Dr. Throop Exhibit A View on RECAP 4 Exhibit Dr. Throop Exhibit B View on RECAP 5 Affidavit Demoya Gordon Declaration View on PACER 6 Exhibit Demoya Gordon Exhibit A View on PACER 7 Text of Proposed Order Proposed Order Granting Preliminary Injunction View on PACER	RECAP
65	April 7, 2017	ORDER: IT IS HEREBY ORDERED that this matter is set for a telephone conference with counsel on Wednesday, April 12, 2017 at 3:30 p.m. Counsel participating in the telephone conference are directed to call the conference toll free at: 1-888-363-4735. The access code to enter the telephone conference for all participants is: 3329658. (Telephone Conference set for 4/12/2017 03:30 PM in Telephone before Magistrate Judge Noelle C. Collins.) Signed by Magistrate Judge Noelle C. Collins on April 7, 2017. (BRP) (Entered: 04/07/2017)	RECAP
66	April 12, 2017	Minute Entry for proceedings held before Magistrate Judge Noelle C. Collins: Telephone Conference held on 4/12/2017. Parties present for a telephone conference. The court hears argument from counsel. Order to Issue. (Court Reporter:FTR GOLD)(FTR Gold Operator initials:KCB) (FTR Gold: Yes) (KCB) (Entered: 04/12/2017)	RECAP
67	April 13, 2017	ORDER: IT IS HEREBY ORDERED that Defendants oral motion for extension of time is GRANTED. By agreement of counsel, any response to Plaintiffs Motion for Preliminary Injunction shall be filed no later than April 19, 2017, and any reply shall be filed no later than April 27, 2017. IT IS FURTHER ORDERED that this matter is set for a Preliminary Injunction Hearing on Tuesday, May 23, 2017, at 10:00 A.M. The Court will hear oral argument on Plaintiffs Motion for Preliminary Injunction. Each side shall have fifteen (15) minutes for argument. IT IS FURTHER ORDERED that no later than May 1, 2017 Plaintiff shall file a status report with the Court regarding the potential dismissal of Defendant Dwayne Kempker. IT IS FINALLY ORDERED that the parties shall file with the Court, under seal, a status report concerning their progress, if any, towards reaching a settlement and if they intend to move forward with the Preliminary Injunction Hearing no later than May 16, 2017. ( In Court Hearing set for 5/23/2017 10:00 AM in Courtroom 15N before Magistrate Judge Noelle C. Collins. Status Report due by 5/16/2017.) Signed by Magistrate Judge Noelle C. Collins on 04/13/2017. (KCB) (Entered: 04/13/2017)	RECAP
68	April 17, 2017	MEMORANDUM in Opposition re 63 MOTION for Preliminary Injunction filed by Defendants Cindy Griffith, Dwayne Kempker, George Lombardi, Scott O'Kelly, Stan Payne, Ian Wallace, Deloise Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Luepke, Henry) (Entered: 04/17/2017) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER	RECAP
69	April 19, 2017	MEMORANDUM in Opposition re 63 MOTION for Preliminary Injunction filed by Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Corizon Health, Inc., Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade. (Eckenrode, J.) (Entered: 04/19/2017)	RECAP
70	April 27, 2017	REPLY to Response to Motion re 63 MOTION for Preliminary Injunction filed by Plaintiff Jessica Hicklin. (Attachments: # 1 Affidavit Second Declaration of Demoya R. Gordon, # 2 Exhibit Ex. A to Second Declaration of Demoya R. Gordon, # 3 Exhibit Ex. B to Second Declaration of Demoya R. Gordon, # 4 Exhibit Ex. C to Second Declaration of Demoya R. Gordon, # 5 Exhibit Ex. D to Second Declaration of Demoya R. Gordon, # 6 Exhibit Ex. E to Second Declaration of Demoya R. Gordon, # 7 Exhibit Ex. F to Second Declaration of Demoya R. Gordon, # 8 Exhibit Ex. G to Second Declaration of Demoya R. Gordon, # 9 Exhibit Ex. H to Second Declaration of Demoya R. Gordon, # 10 Exhibit Ex. I to Second Declaration of Demoya R. Gordon, # 11 Exhibit Ex. J to Second Declaration of Demoya R. Gordon)(Gordon, Demoya) (Entered: 04/27/2017) 1 Affidavit Second Declaration of Demoya R. Gordon View on PACER 2 Exhibit Ex. A to Second Declaration of Demoya R. Gordon View on PACER 3 Exhibit Ex. B to Second Declaration of Demoya R. Gordon View on PACER 4 Exhibit Ex. C to Second Declaration of Demoya R. Gordon View on PACER 5 Exhibit Ex. D to Second Declaration of Demoya R. Gordon View on PACER 6 Exhibit Ex. E to Second Declaration of Demoya R. Gordon View on PACER 7 Exhibit Ex. F to Second Declaration of Demoya R. Gordon View on PACER 8 Exhibit Ex. G to Second Declaration of Demoya R. Gordon View on PACER 9 Exhibit Ex. H to Second Declaration of Demoya R. Gordon View on PACER 10 Exhibit Ex. I to Second Declaration of Demoya R. Gordon View on PACER 11 Exhibit Ex. J to Second Declaration of Demoya R. Gordon View on PACER	RECAP
71	May 1, 2017	STATUS REPORT by Jessica Hicklin. (Gordon, Demoya) (Entered: 05/01/2017)	RECAP
72	May 8, 2017	STIPULATION for Dismissal Without Prejudice of Defendant Dwayne Kempker by Plaintiff Jessica Hicklin. (Gordon, Demoya) (Entered: 05/08/2017)	RECAP
73	May 16, 2017	SEALED DOCUMENT by Plaintiff Jessica Hicklin. (Gordon, Demoya) (Entered: 05/16/2017)	RECAP
74	May 22, 2017	ORDER...IT IS HEREBY ORDERED that Defendant Dwayne Kempker is DISMISSED from this action without prejudice, with Plaintiff Jessica Hicklin and Defendant Dwayne Kempker to bear their respective costs and attorneys fees as to the claims between them. (Dwayne Kempker (in his official capacity as former Deputy Director, Division of Adult Institutions, MDOC) terminated.). Signed by Magistrate Judge Noelle C. Collins on 5/22/2017. (NEB) (Entered: 05/22/2017)	RECAP
75	May 23, 2017	Minute Entry for proceedings held before Magistrate Judge Noelle C. Collins: Parties present for Preliminary Injunction Hearing. Arguments heard on behalf of Plaintiff and Defendants. Exhibit received from Defendant MODC. (See exhibit list) Plaintiff has until May 30, 2017 to notify the Court if they will be filing any post hearing briefs and shall have until June 14, 2017 to file any such briefs. Defendants shall file their responses on or before June 19, 2017. Order to issue. (FTR Gold Operator initials:NEB) (FTR Gold: Yes) (NEB) Transcript request of this proceeding assigned to Court Reporter: S. Moran on 5/25/2017 (BABS). (Entered: 05/23/2017)	RECAP
76	May 23, 2017	CLERKS Exhibit List as to Preliminary Injunction Hearing. (NEB) (Entered: 05/23/2017)	RECAP
77	May 23, 2017	EXHIBITS Received from MODC: Exhibit L. (NEB) (Entered: 05/23/2017)	RECAP
78	May 24, 2017	ORDER...IT IS HEREBY ORDERED that Plaintiff has until May 30, 2017 to notify the Court if she will be filing a post-hearing brief and shall have until June 14, 2017 to file any such brief. IT IS FURTHER ORDERED that Defendants shall file any responses to Plaintiff's post-hearing brief, if one is filed, on or before June 19, 2017. (Response to Court due by 5/30/2017.). Signed by Magistrate Judge Noelle C. Collins on 5/24/2017. (NEB) (Entered: 05/24/2017)	RECAP
79	May 24, 2017	ORDER... IT IS HEREBY ORDERED that the Clerk of Court shall cause an expedited written transcript to be prepared and filed with the Court of the Preliminary Injunction Hearing held on May 23, 2017. Signed by Magistrate Judge Noelle C. Collins on 5/24/2017. (cc: Court Reports Box.) (NEB) (Entered: 05/24/2017)	RECAP
80	May 30, 2017	NOTICE by Plaintiff Jessica Hicklin regarding Post-hearing Brief (Gordon, Demoya) (Entered: 05/30/2017)	RECAP
81	May 30, 2017	TRANSCRIPT ORDER REQUEST for 75 (PRETRIAL CONFERENCE) by Jessica Hicklin for proceedings held on 5/23/2017 court reporter FTR Gold before Judge Collins. (Emailed to S. Moran) (BRP) (Entered: 05/31/2017)	RECAP
82	May 31, 2017	TRANSCRIPT of 75 (MOTION HEARING) held on May 23, 2017 before Judge NOELLE C. COLLINS. Court Reporter/Transcriber SUSAN R. MORAN, Telephone number (314) 244-7983. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/21/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/29/2017. (BRP) (Entered: 05/31/2017)	RECAP
83	June 13, 2017	TRANSCRIPT of 75 (REVISED VERSION) (MOTION HEARING) held on 5/23/2017 before Judge Noelle C. Collins. Court Reporter/Transcriber Susan Moran, Telephone number 314-244-7983. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2017. Redacted Transcript Deadline set for 7/14/2017. Release of Transcript Restriction set for 9/11/2017. (NEB) (Entered: 06/13/2017)	RECAP
84	June 15, 2017	MOTION to Amend/Correct the Case Management Order by Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Corizon Health, Inc., Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade. (Eckenrode, J.) (Entered: 06/15/2017)	RECAP
85	June 16, 2017	ORDER... IT IS HEREBY ORDERED that this matter is set for a telephone conference with counsel on Thursday, June 22, 2017 at 11:00 a.m. Counsel participating in the telephone conference are directed to call the conference toll free at: 1-888-363-4735. The access code to enter the telephone conference for all participants is: 3329658. (Telephone Conference set for 6/22/2017 11:00 AM in Telephone before Magistrate Judge Noelle C. Collins.). Signed by Magistrate Judge Noelle C. Collins on 6/16/2017. (NEB) (Entered: 06/16/2017)	RECAP
86	June 23, 2017	Minute Entry for proceedings held before Magistrate Judge Noelle C. Collins: Telephone Conference held on 6/23/2017. Ms. Gordon, Mr. Luepke, and Mr. Peek appear by phone for the telephone conference. Judge addresses Plaintiffs requested transcript revisions. Ms. Gordon states that Plaintiff has no further issues with revised transcript as filed (Doc. 83). Judge takes up Defendants Motion to Amend Case Management Order (Doc. 84). Plaintiff shall file a response to the Motion on or before Monday, June 26, 2017. Any reply brief shall be filed five (5) days thereafter. Plaintiff requests leave to supplement the Preliminary Injunction record. Plaintiff shall file a motion for leave to supplement the record no later than Wednesday, June 28, 2017. Defendants are granted seven (7) days from the date of Plaintiffs motion to respond. Any reply brief shall be filed five (5) days thereafter. (FTR Gold: No) (KCB) (Entered: 06/23/2017)	RECAP
87	June 26, 2017	RESPONSE to Motion re 84 MOTION to Amend/Correct the Case Management Order filed by Plaintiff Jessica Hicklin. (Gordon, Demoya) (Entered: 06/26/2017)	RECAP
88	June 28, 2017	MOTION for Leave to Supplement the Preliminary Injunction Record by Plaintiff Jessica Hicklin. (Attachments: # 1 Affidavit Declaration of Demoya R. Gordon, # 2 Exhibit A)(Gordon, Demoya) (Entered: 06/28/2017)	RECAP
89	July 5, 2017	RESPONSE in Opposition re 88 MOTION for Leave to Supplement the Preliminary Injunction Record filed by Defendants Elizabeth Atterberry, Glen Babich, T.K. Bredeman, Corizon Health, Inc., Shirley Eyman, Kim Foster, Diana Larkin, William McKinney, Stormi Moeller, Kimberley S. Randolph, Dawn Wade. (Eckenrode, J.) (Entered: 07/05/2017)	RECAP
90	July 6, 2017	MOTION to Withdraw as Attorney ;attorney/firm Kyle A. Palazzolo by Plaintiff Jessica Hicklin. (Palazzolo, Kyle) (Entered: 07/06/2017)	RECAP
91	July 7, 2017	Docket Text ORDER: IT IS HEREBY ORDERED that Attorney Kyle Anthony Palazzolo's Motion to Withdraw as Counsel for Plaintiff Jessica Hicklin (Doc. 90 ) is GRANTED. Attorney Kyle Anthony Palazzolo terminated. Signed by Magistrate Judge Noelle C. Collins on 7/7/2017. (KBL) (Entered: 07/07/2017)	RECAP
	July 7, 2017	~Util - Add and Terminate Attorneys AND A Docket Text Order
92	July 10, 2017	REPLY to Response to Motion re 88 MOTION for Leave to Supplement the Preliminary Injunction Record filed by Plaintiff Jessica Hicklin. (Gordon, Demoya) (Entered: 07/10/2017)	RECAP
93	July 14, 2017	First MOTION for Leave to Appear Pro Hac Vice Carl Charles. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6050245) by Plaintiff Jessica Hicklin. (Attachments: # 1 Certificate of Good Standing)(Charles, Carl) (Entered: 07/14/2017)	RECAP

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Case Details

State / Territory:

Missouri

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Transgender Healthcare Access Cases

Key Dates

Filing Date: Aug. 22, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff is a pre-operative transgender woman in the custody of the Missouri Department of Correction.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Missouri

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Eastern District of Missouri 4:16-cv-01357

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Preliminary relief granted

Amount Defendant Pays: $354,555.60

Issues

General/Misc.:

Conditions of confinement

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Male

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, unspecified

Recommended Citation

Case Summary of Hicklin v. Precynthe, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/16450/ (last updated 12/18/2023).