Case: Gladney v. Shartle

4:17-cv-00427 | U.S. District Court for the District of Arizona

Filed Date: Aug. 28, 2017

Closed Date: Jan. 24, 2022

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Case Summary

This is a case filed by a transgender woman incarcerated in federal prison alleging a violation of the Federal Tort Claims Act. The plaintiff filed her complaint, pro se, in the United States District Court for the District of Arizona on August 28, 2017, against the Bureau of Prisons. The case was assigned to Judge David C. Bury. In her complaint, the plaintiff alleged that she was the victim of a sexual assault by another incarcerated person in May of 2016. At the time, the plaintiff was hous…

In her complaint, the plaintiff alleged that she was the victim of a sexual assault by another incarcerated person in May of 2016. At the time, the plaintiff was housed at the United States Penitentiary in Tucson, Arizona. The assault occurred in the plaintiff’s housing unit, a space where the alleged attacker was not permitted to be at the time of the incident. There was no available video footage of the incident, and no staff member reported any knowledge of it happening. The plaintiff first reported the incident in a note to a staff member. The note explained what had happened and expressed the plaintiff's concerns about her personal safety. The plaintiff then met with supervisory staff and underwent a medical examination. The subsequent internal investigation resulted in the alleged attacker’s admission that he was in the housing unit on that day, but he denied the sexual assault claims. The plaintiff was informed that the investigation had resulted in the determination that the claims were unsubstantiated.

The plaintiff then filed an administrative tort claim with the Bureau of Prisons. In the claim, the plaintiff made the same allegations and argued that the correctional officer assigned to the housing unit had been wilfully negligent in monitoring the space for inmates who were not permitted in that unit. The claim was investigated, and on May 10, 2017, the plaintiff was informed that the investigation had not produced any showing that the officials had been negligent and thus the claim was denied. The plaintiff then filed this action.

The plaintiff brought her claim under the Federal Tort Claims Act. The Federal Tort Claims Act allows citizens to bring complaints against federal entities as they would against other private citizens. The plaintiff had two separate claims in her action. First, the plaintiff alleged that the monitoring policies employed by the Bureau of Prisons officials were not sufficient to protect her from the assault. Second, the plaintiff alleged that the Bureau of Prisons policy of requiring that only one officer be on duty in the housing unit was negligent.

On October 23, 2019, Judge Bury granted the defendant’s motion for summary judgment and motion to dismiss for lack of jurisdiction. As to the plaintiff’s first allegation, Judge Bury found that the day-to-day security policies of the institution were a discretionary function of the Bureau of Prisons. Under 18 U.S.C. § 4042(a)(2), the Bureau of Prisons was required to provide suitable care and safekeeping of the individuals in its care. But Judge Bury found no statutory or regulatory requirement that specified how the Bureau of Prisons was required to fulfill this function. As to the plaintiff’s second claim, Judge Bury found that the plaintiff had not adequately exhausted administrative remedies as required by the Federal Tort Claims Act. The administrative complaint that was filed by the plaintiff had only alleged that the assault occurred as a result of negligence on the part of the on-duty staff member. Because the plaintiff did not raise a claim about inadequate staffing, Judge Bury determined that she had not exhausted administrative remedies and could not bring this claim. As such, the motion to dismiss was granted.

On December 2, 2019, the plaintiff filed an appeal in the Ninth Circuit Court of Appeals. The plaintiff filed a motion for the appointment of counsel for her appeal. The motion was granted for the limited purpose of the appeal and the plaintiff was represented by law professor Gregory Sisk.

On May 3, 2021, the Ninth Circuit affirmed the decision of the District Court. The Ninth Circuit found that neither the Prison Rape Elimination Act nor any implementing regulation required that the Bureau of Prisons continuously monitor its inmates. Similarly, the Ninth Circuit found that the Prison Rape Elimination Act expressly granted the Bureau of Prisons discretion in how to reduce sexual assault of individuals in their care. Thus, choices about staffing were a discretionary function and could not be the basis of a claim under the Federal Tort Claims Act. The Ninth Circuit affirmed the decision of the District Court. 858 F. App’x 221.

The plaintiff then filed an appeal to the United States Supreme Court. That petition for writ of certiorari was denied on January 24, 2022. This case is now closed.

Summary Authors

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6851906/parties/gladney-v-shartle/

Judge(s)

Bury, David C. (Arizona)

Attorney for Plaintiff

Gladney, Edward J (Arizona)

Attorney for Defendant

Ambri, Michael Alexander (Arizona)

Judge(s)

Bury, David C. (Arizona)

Attorney for Plaintiff

Gladney, Edward J (Arizona)

Attorney for Defendant

Ambri, Michael Alexander (Arizona)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

10 4:17-cv-00427	Civil Rights Complaint by a Prisoner Gladney v. United States of America	Nov. 20, 2017	Nov. 20, 2017 Complaint
146 4:17-cv-00427	Amended Order	Oct. 26, 2020	Oct. 26, 2020 Order/Opinion
19-17443	Memorandum U.S. Court of Appeals for the Ninth Circuit	May 3, 2021	May 3, 2021 Order/Opinion 858 Fed.Appx. 221

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6851906/gladney-v-shartle/

Last updated April 15, 2026, 5:10 a.m.

ECF Number	Date	Description	Link
1	Aug. 28, 2017	PRISONER CIVIL RIGHTS COMPLAINT filed by Edward J Gladney. (17 pages) (Attachments: # 1 Civil Cover Sheet, # 2 Envelope)(DLC) (Entered: 08/29/2017) 1 Civil Cover Sheet View on PACER 2 Envelope View on PACER	RECAP
2	Aug. 28, 2017	APPLICATION for Leave to Proceed In Forma Pauperis by Edward J Gladney. (2 pages) (DLC) (Entered: 08/29/2017)	RECAP
3	Aug. 28, 2017	Prisoner Trust Fund Account Statement by Edward J Gladney. (1 page) (DLC) (Entered: 08/29/2017)	RECAP
4	Aug. 28, 2017	MOTION to Transfer Venue and Jurisdiction to the United States District Court for the Eastern District of Texas by Edward J Gladney. (2 pages)(DLC) (Entered: 08/29/2017)	RECAP
5	Aug. 28, 2017	NOTICE OF ASSIGNMENT: (DLC) (Entered: 08/29/2017)	RECAP
6	Oct. 2, 2017	NOTICE OF PARTY'S CHANGE OF ADDRESS by Edward J Gladney: #80179-279, U.S. Penitentiary, PO Box 1034, Coleman, FL 33521. (KEP) (Entered: 10/04/2017)	RECAP
7	Oct. 18, 2017	ORDER Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2 ) is granted. As required by the accompanying Order to the appropriate government agency, Plaintiff must pay the $350.00 filing fee and is assessed an initial partial filing fee of $49.80. Plaintiff's Motion to Transfer Venue (Doc. 4 ) is denied. The Complaint (Doc. 1 ) is dismissed for failure to state a claim. Plaintiff has 30 days from the date this Order is filed to file a first amended complaint in compliance with this Order. If Plaintiff fails to file an amended complaint, the Clerk of Court must, without further notice, enter a judgment of dismissal of this action with prejudice that states that the dismissal may count as a "strike" under 28 U.S.C. ยง 1915(g) and deny any pending unrelated motions as moot. Signed by Senior Judge David C Bury on 10/16/2017. (KEP) (Entered: 10/18/2017)	RECAP
8	Oct. 18, 2017	ORDER Directing Monthly Payments be made from Prison Account of Edward J Gladney. The Clerk of Court must serve by mail a copy of this Order on the Warden of the United States Penitentiary-Beaumont, USP-Beaumont, P.O. Box 26035, Beaumont, Texas 77720. Signed by Senior Judge David C Bury on 10/17/2017. (See attached Order for details) (KEP) (Entered: 10/18/2017)	RECAP
9	Nov. 17, 2017	FIRST AMENDED COMPLAINT against United States of America filed by Edward J Gladney. (6 pages)(SIB) (Entered: 11/17/2017)	RECAP
10	Nov. 20, 2017	SECOND AMENDED COMPLAINT (Document titled First Amended Complaint ) against United States of America filed by Edward J Gladney. (6 pages) (KEP) (Entered: 11/21/2017)	RECAP
11	Jan. 29, 2018	MOTION for Default Judgment, or Alternatively, Motion for Summary Judgment by Edward J Gladney. (7 pages) (SIB) (Entered: 01/30/2018)	RECAP
12	Feb. 15, 2018	ORDER (Service Packet): Plaintiff's Motion for Default Judgment (Doc. 11 ) is denied. Defendant United States of America must answer the Second Amended Complaint. The Clerk of Court must send Plaintiff a service packet including the Second Amended Complaint (Doc. 10 ), this Order, and summons forms for Defendant United States of America. Plaintiff must complete and return the service packet to the Clerk of Court within 21 days of the date of filing of this Order. Signed by Senior Judge David C Bury on 2/14/2018. (See attached Order for details) (KEP) (Entered: 02/15/2018)	RECAP
13	Feb. 26, 2018	MOTION to Appoint Counsel by Edward J Gladney. (2 pages). (BAC) (Entered: 02/28/2018)	RECAP
14	March 8, 2018	SERVICE EXECUTED: USMS Process Receipt and Return re: Complaint, Order and Summons upon USAG on 3/5/2018. (DPS) (Entered: 03/09/2018)	RECAP
15	March 8, 2018	SERVICE EXECUTED: USMS Process Receipt and Return re: Complaint, Order and Summons upon US Attorney, District of Arizona on 3/5/2018. (DPS) (Entered: 03/09/2018)	RECAP
16	March 19, 2018	Plaintiff's First Set of Interrogatories to Defendant by Edward J Gladney. (7 pages).(BAC) (Entered: 03/20/2018)	RECAP
17	March 19, 2018	Plaintiff's First REQUEST for the Production of Documents by Plaintiff Edward J Gladney. (4 pages). (BAC) (Entered: 03/20/2018)	RECAP
18	April 16, 2018	DECLARATION in Support of Plaintiff's 13 Motion for the Appointment of Counsel by Plaintiff Edward J Gladney. (4 pages)(SIB) (Entered: 04/17/2018)	RECAP
19	April 16, 2018	REQUEST for Admissions by Edward J Gladney. (6 pages) (SIB) (Entered: 04/17/2018)	RECAP
20	May 4, 2018	ANSWER to 10 Amended Complaint by United States of America.(Ambri, Michael) (Entered: 05/04/2018)	RECAP
21	May 17, 2018	AMENDED MOTION to Appoint Counsel by Edward J Gladney. (7 pages). (BAC) (Entered: 05/22/2018)	RECAP
22	May 17, 2018	MOTION to Set Discovery Plan by Edward J Gladney. (2 pages) (BAC) (Entered: 05/22/2018)	RECAP
23	May 17, 2018	Plaintiff's REQUEST for Admissions by Plaintiff Edward J Gladney. (6 pages). (BAC) (Entered: 05/22/2018)	RECAP
24	May 21, 2018	MEMORANDUM of Law in Support of Plaintiff's 21 MOTION to Appoint Counsel by Plaintiff Edward J Gladney. (10 pages).(BAC) (Entered: 05/24/2018)	RECAP
25	May 29, 2018	Plaintiff's First Set of Interrogatories by Edward J Gladney. (6 pages) (SIB) (Entered: 05/31/2018)	RECAP
26	May 29, 2018	SECOND REQUEST for Production of Documents and Tangible Items by Plaintiff Edward J Gladney. (5 pages) (SIB) (Entered: 05/31/2018)	RECAP
27	June 4, 2018	MOTION to Strike Defenses by Edward J Gladney. (4 pages) (KEP) (Entered: 06/05/2018)	RECAP
28	June 13, 2018	NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 06/13/2018)	RECAP
29	June 15, 2018	RESPONSE in Opposition re: 27 MOTION to Strike filed by United States of America. (Ambri, Michael) (Entered: 06/15/2018)	RECAP
30	June 19, 2018	MOTION for Pretrial Conference by Edward J Gladney. (2 pages) (KEP) (Entered: 06/20/2018)	RECAP
31	July 2, 2018	NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 07/02/2018)	RECAP
32	July 2, 2018	Plaintiff's Second Set of REQUESTS for Admissions (sic) by Plaintiff Edward J Gladney. (5 pages) (SIB) (Entered: 07/06/2018)	RECAP
33	July 16, 2018	Plaintiff's Second Set of Interrogatories by Edward J Gladney. (3 pages)(KEP) (Entered: 07/17/2018)	RECAP
34	July 16, 2018	Plaintiff's THIRD REQUEST for the Production of Documents by Plaintiff Edward J Gladney. (5 pages) (KEP) (Entered: 07/17/2018)	RECAP
35	July 16, 2018	MOTION for an Order Compelling Discovery by Edward J Gladney. (6 pages) (Attachments: # 1 Exhibit)(KEP) (Entered: 07/17/2018)	RECAP
36	July 20, 2018	ORDER the parties abide by the following; Any motion for summary judgment regarding exhaustion of administrative remedies shall be filed within two months of the filing date of this Order. All discovery shall be completed by: 6 months from the filing date of this Order. Dispositive motions other than the exhaustion motion, shall be filed by 30 days from the completion of discovery. Plaintiff's motion to enter discovery plan (Doc. 22 ) is GRANTED. The motions to appoint counsel, strike defenses, set pretrial conference and compelling discovery (Docs. 21, 27, 30, 35 ) are DENIED. Signed by Senior Judge David C Bury on 7/19/2018. (See attached Order for details) (KEP) (Entered: 07/20/2018)	RECAP
37	July 26, 2018	MOTION for Extension of Time to File Response/Reply to Plaintiff's Discovery Requests by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 07/26/2018)	RECAP
38	July 30, 2018	ORDER granting 37 Motion for Extension of Time to File Response/Reply to discovery requests. Ordered by Senior Judge David C Bury.(DCB)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 07/30/2018)	RECAP
39	Aug. 31, 2018	NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 08/31/2018)	RECAP
40	Sept. 14, 2018	NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 09/14/2018)	RECAP
41	Oct. 26, 2018	MOTION to Compel Discovery by Edward J Gladney. (19 pages) (Attachments: # 1 Exhibit)(MCO) (Entered: 10/31/2018)	RECAP
42	Oct. 29, 2018	MOTION to Appointment of Expert Witness by Edward J Gladney. (3 pages) (MCO) (Entered: 10/31/2018)	RECAP
43	Oct. 29, 2018	Plaintiff's Second MOTION to Appoint Counsel by Edward J Gladney. (3 pages) (MCO) (Entered: 10/31/2018)	RECAP
44	Nov. 6, 2018	NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 11/06/2018)	RECAP
45	Nov. 9, 2018	MOTION for Extension of Time to File Response/Reply as to 43 MOTION to Appoint Counsel, 42 MOTION to Appoint Expert, 41 MOTION to Compel Discovery by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 11/09/2018)	RECAP
46	Nov. 15, 2018	ORDER GRANTING 45 Motion for Extension of Time to File Response/Reply. Defendant shall have up to and including 11/20/18 in which to file its responses to Plaintiff's 43 MOTION to Appoint Counsel, 42 MOTION to Appoint Expert, 41 MOTION to Compel Discovery. Signed by Senior Judge David C Bury on 11/14/18. (BAC) (Entered: 11/15/2018)	RECAP
47	Nov. 19, 2018	MOTION for Extension of Time to Disclosure of Expert Witness by Edward J Gladney. (3 pages) (MCO) (Entered: 11/20/2018)	RECAP
48	Nov. 19, 2018	NOTICE of Plaintiff's Disclosure of Lay Witnesses by Edward J Gladney. (3 pages) (MCO) (Entered: 11/20/2018)	RECAP
49	Nov. 20, 2018	RESPONSE in Opposition re: 42 MOTION to Appoint Expert filed by United States of America. (Ambri, Michael) (Entered: 11/20/2018)	RECAP
50	Nov. 20, 2018	RESPONSE to Motion re: 43 MOTION to Appoint Counsel filed by United States of America. (Ambri, Michael) (Entered: 11/20/2018)	RECAP
51	Nov. 20, 2018	RESPONSE to Motion re: 41 MOTION to Compel Discovery filed by United States of America. (Attachments: # 1 Exhibit 1)(Ambri, Michael) (Entered: 11/20/2018)	RECAP
52	Nov. 21, 2018	NOTICE re: Disclosure of Fact Witnesses by United States of America . (Ambri, Michael) (Entered: 11/21/2018)	RECAP
53	Nov. 26, 2018	RESPONSE to Motion re: 47 MOTION for Extension of Time for kdisclosure of Expert Witness filed by United States of America. (Ambri, Michael) (Entered: 11/26/2018)	RECAP
54	Dec. 3, 2018	Second MOTION to Compel Discovery by Edward J Gladney. (18 pages) (Attachments: # 1 Exhibit)(SIB) (Entered: 12/04/2018)	RECAP
55	Dec. 3, 2018	REPLY to Response to Motion re: 41 MOTION to Compel Discovery filed by Edward J Gladney. (4 pages) (SIB) (Entered: 12/04/2018)	RECAP
56	Dec. 18, 2018	MOTION for Extension of Time to File Response/Reply as to 54 MOTION to Compel Discovery by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 12/18/2018)	RECAP
57	Dec. 19, 2018	ORDER that the Motion to Compel (Doc. 41 ) is denied in part and granted in part. Within 14 days of the filing date of this Order, the Defendant shall file the responsive productions described above with the Court en camera. The Motion for Appointment of Counsel (Doc. 43 ) is denied, without prejudice to it being re-urged following dispositive motions. The Motion for Appointment of Expert Witness in the sexual trauma/psychological profession (Damage Expert) (Doc. 42 ) is denied, without prejudice to it being re-urged following dispositive motions. The Motion for Extension of Time for Disclosure of Expert Witnesses (Doc. 47 ) is granted only for damage experts. The deadline for disclosing all other experts has past, November 20, 2018. Signed by Senior Judge David C Bury on 12/19/2018. (SIB) (Entered: 12/19/2018)	RECAP
58	Dec. 20, 2018	ORDER granting 56 Motion for Extension of Time to File Response/Reply Re: Second 54 MOTION to Compel Discovery; the Response is due by December 26, 2018, and Reply is due by January 8, 2019. Ordered by Senior Judge David C Bury. (DCB, gb) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/20/2018)	RECAP
59	Dec. 26, 2018	MOTION to Stay Proceeding due to Federal Government Shutdown by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 12/26/2018)	RECAP
60	Dec. 28, 2018	MOTION for Leave to Depose Incarcerated Plaintiff by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 12/28/2018)	RECAP
61	Jan. 2, 2019	ORDER that the Motion (Doc. 60 ) is granted, and Defendant is granted leave for its counsel to depose Plaintiff Edward J. Gladney in this action. Signed by Senior Judge David C Bury on 1/2/2019. (MFR) (Entered: 01/02/2019)	RECAP
62	Jan. 7, 2019	ORDER that the Motion for Stay (Doc. 59 ) is granted. The above-captioned case is stayed pending the filing of a Notice of Resumed Government Activity by Defendant. (see Order for complete details) Signed by Senior Judge David C Bury on 1/4/2019. (SIB) (Entered: 01/07/2019)	RECAP
63	Jan. 7, 2019	Plaintiff's MEMORANDUM for Court's en Camera Review by Plaintiff Edward J Gladney. (3 pages) (SIB) (Entered: 01/08/2019)	RECAP
64	Jan. 10, 2019	MOTION in Opposition to Defendant's 59 Motion to Stay by Edward J Gladney. (3 pages) (SIB) (Entered: 01/11/2019)	RECAP
65	Feb. 1, 2019	NOTICE re: Resumed Government Activity by United States of America re: 62 Order on Motion to Stay . (Ambri, Michael) (Entered: 02/01/2019)	RECAP
66	Feb. 13, 2019	NOTICE of Deposition of Edward J. Gladney, filed by United States of America. (Ambri, Michael) (Entered: 02/13/2019)	RECAP
67	Feb. 15, 2019	NOTICE re: Submission of Documents for in Camera Review by United States of America re: 62 Order on Motion to Stay, 57 Order on Motion to Compel, Order on Motion to Appoint Expert, Order on Motion to Appoint Counsel, Order on Motion for Extension of Time . (Ambri, Michael) (Entered: 02/15/2019)	RECAP
68	Feb. 15, 2019	RESPONSE to Motion re: 54 MOTION to Compel Discovery filed by United States of America. (Ambri, Michael) (Entered: 02/15/2019)	RECAP
69	Feb. 19, 2019	MOTION for Preliminary Injunction by Edward J Gladney. (9 pages) (Attachments: # 1 Exhibit)(MFR) (Entered: 02/21/2019)	RECAP
70	Feb. 22, 2019	Plaintiff's Third MOTION to Compel Discovery by Edward J Gladney. (10 pages).(BAC) (Entered: 02/25/2019)	RECAP
71	March 13, 2019	RESPONSE to Motion re: 69 MOTION for Preliminary Injunction filed by United States of America. (Ambri, Michael) (Entered: 03/13/2019)	RECAP
72	March 14, 2019	RESPONSE in Opposition re: 70 MOTION to Compel Discovery filed by United States of America. (Attachments: # 1 Exhibit)(Ambri, Michael) (Entered: 03/14/2019)	RECAP
75	March 18, 2019	PLAINTIFF'S MOTION for Sanctions by Edward J Gladney. (3 pages) (DLC) (Entered: 03/20/2019)	RECAP
73	March 20, 2019	ORDER that the stay is lifted; the Court denies the Plaintiff's Motion in Opposition to the Stay (Doc. 64 ) AS MOOT. It is further Ordered that the remainder of the Motion to Compel Discovery (Doc 41 ) is GRANTED IN PART AND DENIED IN PART. It is further Ordered that the Clerk of the Court shall file the documents reviewed in camera UNDER SEAL. Signed by Senior Judge David C Bury on 3/19/2019. (MFR) (Entered: 03/20/2019)	RECAP
74	March 20, 2019	Sealed Document: In Camera Documents. (MFR) (Entered: 03/20/2019)	RECAP
76	March 25, 2019	Plaintiff's MOTION for Summary Judgment and Request for Inquest by Edward J Gladney. (2 pages) (KEP) (Entered: 03/26/2019)	RECAP
77	March 25, 2019	STATEMENT OF FACTS re: 76 MOTION for Summary Judgment by Plaintiff Edward J Gladney. (6 pages) (KEP) (Entered: 03/26/2019)	RECAP
78	March 25, 2019	Additional Attachments to Main Document re: 77 Statement of Facts by Plaintiff Edward J Gladney. (54 pages) (KEP) (Entered: 03/26/2019)	RECAP
79	March 25, 2019	MEMORANDUM of Law in Support of 76 MOTION for Summary Judgment and Request for Inquest by Plaintiff Edward J Gladney. (8 pages) (KEP) (Entered: 03/26/2019)	RECAP
80	March 25, 2019	DECLARATION of Edward Jorodge Gladney by Plaintiff Edward J Gladney. (12 pages) (KEP) (Entered: 03/26/2019)	RECAP
81	March 25, 2019	DECLARATION of Testi Meipso by My Own Witness & Declartation of Lonnie James Young Bear by Plaintiff Edward J Gladney. (2 pages) (KEP) (Entered: 03/26/2019)	RECAP
82	March 25, 2019	MOTION to Stay 69 MOTION for Preliminary Injunction Request, or in the Alternative MOTION/Request for Appointment of Counsel by Edward J Gladney. (3 pages) (KEP) (Entered: 03/26/2019)	RECAP
83	March 27, 2019	MOTION to Set Consolidated Briefing Schedule for Cross-Motions for Summary Judgment by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 03/27/2019)	RECAP
85	March 28, 2019	Amendment to 77 Statement of Facts by Plaintiff Edward J Gladney. (2 pages) (BAR) (Entered: 04/01/2019)	RECAP
84	March 29, 2019	RESPONSE in Opposition re: 75 MOTION for Sanctions filed by United States of America. (Ambri, Michael) (Entered: 03/29/2019)	RECAP
86	April 2, 2019	MOTION for Extension of Time to File Dispositive Motion by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 04/02/2019)	RECAP
87	April 11, 2019	Reply to Response in Opposition re: 75 MOTION for Sanctions and MOTION to Appoint Counsel by Edward J Gladney. (5 pages) (Attachments: # 1 Exhibit)(ARC) (Entered: 04/12/2019)	RECAP
88	April 19, 2019	ORDER Plaintiff's Motion for Preliminary Injunction (Doc. 69 ) is denied. Plaintiff's Motion to Stay Preliminary Injunction Request (Doc. 82 ) and Requests for Appointment of Counsel (Docs. 82, 87 ) are denied. Signed by Senior Judge David C Bury on 4/19/2019. (See attached Order for complete information) (DLC) (Entered: 04/19/2019)	RECAP
89	April 19, 2019	ORDER the pending discovery motions (Docs. 54, 70, 75 ) are DENIED, except the Second Motion to Compel (Doc. 54 ) is GRANTED IN PART for Requests for Admissions 11, 12, and 13. Discovery is closed except for these answers. The Defendant's Motion for Consolidated Briefing (Doc. 83 ) and Motion to Extend Deadline for Defendant's Dispositive Motion (Doc. 86 ) are GRANTED. Defendant's Response to Plaintiff's Motion for Summary Judgment (Docs. 76 - 81 ) is consolidated to include a Cross-motion for Summary Judgment to be filed April 26, 2019. Plaintiff's Combined Reply supporting his Motion for Summary Judgment and Response to Defendant's Cross-motion for Summary Judgment shall be due by May 31, 2019. Defendant shall file a Reply within 14 days of Plaintiff's Reply/Response. Signed by Senior Judge David C Bury on 4/19/2019. (See attached Order for complete information) (DLC) (Entered: 04/19/2019)	RECAP
90	April 22, 2019	Plaintiff's SUPPLEMENTAL Statement of Undisputed Facts re: 77 Statement of Facts by Plaintiff Edward J Gladney. (14 pages) (Attachments: # 1 Exhibit)(ARC) (Entered: 04/23/2019) 1 Exhibit View on PACER	RECAP
91	April 22, 2019	Plaintiff's MOTION for Contempt and Sanctions by Edward J Gladney. (4 pages) (ARC) (Entered: 04/23/2019)	RECAP
92	April 26, 2019	MOTION for Extension of Time for Briefing Schedule for Cross-Motions for Summary Judgment by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 04/26/2019)	RECAP
93	May 6, 2019	MOTION for Confidentiality Order re: 73 Order on Motion for Miscellaneous Relief by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 05/06/2019)	RECAP
94	May 6, 2019	NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 05/06/2019)	RECAP
95	May 6, 2019	RESPONSE to Motion re: 91 MOTION for Sanctions filed by United States of America. (Ambri, Michael) (Entered: 05/06/2019)	RECAP
97	May 6, 2019	RESPONSE in Opposition to Motion re: 92 MOTION for Extension of Time for Briefing Schedule for Cross-Motions for Summary Judgment filed by Edward J Gladney. (3 pages) (DLC) (Entered: 05/08/2019)	RECAP
96	May 7, 2019	NOTICE of Service of Discovery filed by United States of America. (Ambri, Michael) (Entered: 05/07/2019)	RECAP
98	May 13, 2019	ORDER granting 93 Motion for Confidentiality Order re: 73 Order on Motion for Miscellaneous Relief. Signed by Senior Judge David C Bury on 5/13/2019. (See attached Order for complete details) (DLC) (Entered: 05/13/2019)	RECAP
99	May 13, 2019	ORDER the Defendant's Motion for Extension of Time (Doc. 92 ) is GRANTED. THERE SHALL BE NO FURTHER EXTENSIONS OF TIME FOR THE DEFENDANT to file the Response/Crossmotion for Summary Judgment. The Motion for Confidentiality Order (Doc. 93 ) is GRANTED. The Plaintiff is granted an extension of time to file the Reply supporting his Motion for Summary Judgment and the Response to the Defendant's Crossmotion for Summary Judgment. IT IS FURTHER ORDERED that Defendant shall produce the requested discovery within 7 days of the filing date of the Confidentiality Order. The Defendant shall file a Notice with the Court of the date the Plaintiff concludes the Review Only procedures for this discovery. IT IS FURTHER ORDERED that the Plaintiff's Reply in support of his Motion for Summary Judgment and Response to Defendant's Crossmotion for Summary Judgment shall be due 30 days from the filing date of the Notice. Signed by Senior Judge David C Bury on 5/13/2019. (See attached Order for complete details) (DLC) (Entered: 05/13/2019)	RECAP
100	May 20, 2019	MOTION for Leave to File Excess Pages for Motion to Dismiss for Lack of Subject Matter Jurisdiction and, in the alternative, Motion for Summary Judgment/Response to Plaintiff's Motion for Summary Judgment by United States of America. (Attachments: # 1 Text of Proposed Order)(Ambri, Michael) (Entered: 05/20/2019)	RECAP

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Case Details

State / Territory:

Arizona

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Aug. 28, 2017

Closing Date: Jan. 24, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is a transgender woman who is incarcerated in federal prison who is bringing a claim under the Federal Tort Claims Act for failure by staff to protect her from sexual assault.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States of America

Defendant Type(s):

Corrections

Facility Type(s):