Case: De'Lonta v. Angelone

7:99-cv-00642 | U.S. District Court for the Western District of Virginia

Filed Date: Sept. 9, 1999

Closed Date: 2004

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Case Summary

On September 9, 1999, an inmate at the Marion Correctional Treatment Center in Marion, Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Western District of Virginia. The plaintiff, represented by the American Civil Liberties Union, asked the court for declaratory and injunctive relief, alleging that her constitutional rights had been violated by inadequate medical treatment for her Gender Dysphoria (GD). On Janu…

On January 13, 2000, the U.S. District Court for the Western District of Virginia (Judge James C. Turk) denied the plaintiff's motion for a preliminary injunction. The plaintiff appealed. On August 4, 2000, the U.S. Court of Appeals for the Fourth Circuit (Judges Francis Dominic Murnaghan Jr., William Walter Wilkins, and Robert Bruce King) issued a per curiam opinion dismissing the appeal for failure to prosecute. De'Lonta v. Angelone, 225 F.3d 653 (4th Cir. 2000). The plaintiff filed a petition for rehearing by the Fourth Circuit, and on September 15, 2000, the Fourth Circuit (Judges Wilkins, King, and Diana Jane Gribbon Motz) dismissed the appeal. De'Lonta v. Angelone, 230 F.3d 1352 (4th Cir. 2000).

On October 9, 2001, the district court (Judge Turk) dismissed the plaintiff's case for failure to state a claim on which relief can be granted. The plaintiff appealed. On May 27, 2003, the Fourth Circuit (Judge Wilkins) reversed the district court's dismissal and remanded the case for further consideration, holding that the plaintiff's need for protection against continued self-mutilation was a serious medical need to which prison officials could not be seriously indifferent, and that the plaintiff stated a claim by alleging inadequate medical treatment to prevent self-mutilation upon withdrawal of her hormone therapy. De'Lonta v. Angelone, 330 F.3d 630 (4th Cir. 2003).

The case settled in June 2004; the terms of the settlement require the prison to update its policies regarding treatment of inmates with GD, beginning with intake evaluation, prohibits harassment, requires that treatment plans be made and carried out by specialists, and that inmates with GD be housed in the most appropriate setting reasonably available.

The plaintiff's treatment was assigned to a specialist with expertise in GD. Prison officials were required to provide all necessary information about plaintiff's condition and to facilitate any referrals and consultations with other medical specialists necessary to assist in formulation of an appropriate treatment plan. Plaintiff's counsel was to receive periodic monitoring reports. On October 7, 2004, the court issued a stipulated order dismissing the case.

Summary Authors

Kristen Sagar (9/10/2006)

People

Judge(s)

King, Robert Bruce (South Carolina)

Attorney for Plaintiff

Baldrate, Kelly Marie (Virginia)

Glasberg, Victor Michael (Virginia)

Glenberg, Rebecca (Virginia)

Attorney for Defendant

Boelzner, David Ernest (Virginia)

Judge(s)

King, Robert Bruce (South Carolina)

Motz, Diana Jane Gribbon (Maryland)

Murnaghan, Francis Dominic Jr. (Maryland)

Turk, James Clinton (Virginia)

Wilkins, William Walter (South Carolina)

Attorney for Plaintiff

Baldrate, Kelly Marie (Virginia)

Glasberg, Victor Michael (Virginia)

Glenberg, Rebecca (Virginia)

Rosenfield, Steven David (Virginia)

Attorney for Defendant

Boelzner, David Ernest (Virginia)

Kofron, Heather Marie (Virginia)

Muse, William W. (Virginia)

Vieth, Peter Duane (Virginia)

Wooten, George (Idaho)

Documents in the Clearinghouse

Documents in this case

7:99-cv-00642	Docket (PACER)	Nov. 9, 2004	Nov. 9, 2004 Docket
00-06645	Opinion U.S. Court of Appeals for the Fourth Circuit	Aug. 4, 2000	Aug. 4, 2000 Order/Opinion 225 F.3d 653
00-06679 00-06680	Opinion U.S. Court of Appeals for the Fourth Circuit	Sept. 15, 2000	Sept. 15, 2000 Order/Opinion 230 F.3d 1352
00-07732	Opinion U.S. Court of Appeals for the Fourth Circuit	April 24, 2001	April 24, 2001 Order/Opinion 11 Fed.Appx. 144
00-07732	USCA Opinion U.S. Court of Appeals for the Fourth Circuit	April 24, 2001	April 24, 2001 Order/Opinion 248 F.3d 1134
01-08020	Opinion U.S. Court of Appeals for the Fourth Circuit	May 27, 2003	May 27, 2003 Order/Opinion 330 F.3d 630
	Settlement No Court	June 1, 2004	June 1, 2004 Settlement Agreement

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Docket

Last updated March 26, 2025, 8:22 a.m.

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ECF Number	Date	Description	Link
2	Sept. 9, 1999	COMPLAINT w/attachments (lfc)	PACER
3	Sept. 9, 1999	VERIFIED STATEMENT w/ Attachments by Plaintiff (lfc)	PACER
4	Sept. 9, 1999	AFFIDAVIT by Opheila Azriel De'Lonta Re: inmate account affidavit. (lfc)	PACER
5	Sept. 9, 1999	MOTION for Appointment of Counsel w/memorandum in support by Opheila Azriel De'Lonta (lfc)	PACER
6	Sept. 9, 1999	MOTION for Temporary Restraining Order w/memorandum in support by Opheila Azriel De'Lonta (lfc)	PACER
7	Sept. 13, 1999	ORDER denying [6-1] motion for Temporary Restraining Order w/memorandum in support ( signed by Judge James C. Turk ) [EOD Date 9/13/99] (ssm)	PACER
	Sept. 13, 1999	POST OFFICE RETURN of new suit because aka not shown remailed this date w/ aka M. Stokes #120047 (ssm)	PACER
8	Sept. 23, 1999	CONSENT TO FEE by pltf/pet (ssm)	PACER
9	Sept. 23, 1999	MOTION to Amend [2-1] complaint by Opheila Azriel De'Lonta (Attorney ) (ssm)	PACER
10	Oct. 5, 1999	ORDER denying [9-1] Plaintiff's amended motion for interlocutory injunctive relief (signed by Judge James C. Turk) [EOD Date 10/5/99] (kjh)	PACER
11	Oct. 15, 1999	ORDER DIRECTING the Trust Accounts OFficer to begin fee collection ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 10/15/99] (ssm)	PACER
	Oct. 15, 1999	NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS as to Ronald J. Angelone, M. V. Smith, R. Hulbert, C. J. Angliker, Dr. Wray, Dr. Swetter 10/15/99 (ssm)	PACER
	Oct. 27, 1999	Partial Payment on Filing Fee Paid; FILING FEE $ 61.90 RECEIPT # 95351 (ssm) (Entered: 10/28/1999)	PACER
	Nov. 12, 1999	WAIVER OF SERVICE Returned Executed as to M. V. Smith, R. Hulbert, C. J. Angliker & Dr. Wray (kjh) (Entered: 11/15/1999)	PACER
	Nov. 12, 1999	WAIVER OF SERVICE Returned Executed as to Ronald J. Angelone (kjh) (Entered: 11/15/1999)	PACER
12	Nov. 15, 1999	ANSWER to Complaint, by Dr. Swetter (kjh)	PACER
14	Nov. 15, 1999	NOTICE of DISPOSITIVE MOTION, by Dr. Swetter (kjh)	PACER
15	Nov. 15, 1999	Roseboro Notice mailed to Parties (kjh)	PACER
	Nov. 15, 1999	WAIVER OF SERVICE Returned Executed as to Dr. Swetter (kjh)	PACER
	Nov. 15, 1999	Magistrate's Notice mailed to Parties (kjh)	PACER
16	Dec. 1, 1999	MOTION for Appointment of Counsel w/ Affidavit and Memo of Law in support thereof by Opheila Azriel De'Lonta (ssm)	PACER
17	Dec. 1, 1999	MOTION to Extend Time pltf to resp w/i 30 by Opheila Azriel De'Lonta (Attorney ) (ssm)	PACER
18	Dec. 10, 1999	MOTION for Summary Judgment by Ronald J. Angelone (ssm)	PACER
19	Dec. 10, 1999	Roseboro Notice (ssm)	PACER
20	Dec. 10, 1999	CONSENT to trial by Magistrate Judge by Ronald J. Angelone (ssm)	PACER
21	Dec. 13, 1999	MOTION to Dismiss by M. V. Smith, R. Hulbert, C. J. Angliker, Dr. Wray (Attorney, Peter D. Vieth; George W. Wooten) (lmh)	PACER
22	Dec. 13, 1999	BRIEF by M. V. Smith, R. Hulbert, C. J. Angliker, Dr. Wray in Support of [21-1] motion to Dismiss by Dr. Wray, C. J. Angliker, R. Hulbert, M. V. Smith (lmh)	PACER
23	Dec. 16, 1999	Roseboro Notice (lmh)	PACER
24	Dec. 17, 1999	ORDER denying [16-1] motion for Appointment of Counsel w/ Affidavit and Memo of Law in support thereof granting [17-1] motion to Extend Time pltf to resp w/i 60 ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 12/17/99] (ssm)	PACER
25	Dec. 17, 1999	GRIEVANCES by pltf/pet (ssm)	PACER
26	Dec. 20, 1999	AFFIDAVIT by Opheila Azriel De'Lonta Re: [24-1] order (ssm)	PACER
27	Dec. 22, 1999	CONSENT to trial by Magistrate Judge by Dr. Swetter (ssm)	PACER
28	Dec. 23, 1999	ORDER, to Extend Time pltf to resp w/i 30 days ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 12/23/99] (ssm)	PACER
29	Dec. 29, 1999	CONSENT to trial by Magistrate Judge by Opheila Azriel De'Lonta (kjh) (Entered: 12/30/1999)	PACER
30	Dec. 29, 1999	INTERROGATORIES propounded to Ronald J. Angelone, by Opheila Azriel De'Lonta (kjh) (Entered: 12/30/1999)	PACER
31	Dec. 29, 1999	REQUEST FOR PRODUCTION OF DOCUMENTS, by Opheila Azriel De'Lonta (kjh) (Entered: 12/30/1999)	PACER
	Dec. 29, 1999	FILING FEE PAYMENT OF $ 11.40 received; RECEIPT # 96003 (kjh) (Entered: 12/30/1999)	PACER
32	Jan. 5, 2000	MOTION for Protective Order , and to Stay by Dr. Swetter (Attorney ) (ssm)	PACER
34	Jan. 10, 2000	MOTION for Protective Order by M. V. Smith, R. Hulbert, C. J. Angliker, Dr. Wray (Attorney George W. Wooten, Peter D. Vieth) (lmh)	PACER
34	Jan. 10, 2000	MOTION to Stay by M. V. Smith, R. Hulbert, C. J. Angliker, Dr. Wray (lmh)	PACER
35	Jan. 10, 2000	MOTION for Preliminary Injunction by Opheila Azriel De'Lonta (lmh)	PACER
35	Jan. 10, 2000	MEMORANDUM by Opheila Azriel De'Lonta in support of [35-1] motion for Preliminary Injunction by Opheila Azriel De'Lonta (lmh)	PACER
36	Jan. 10, 2000	AFFIDAVIT by Opheila Azriel De'Lonta Re: [35-1] motion for Preliminary Injunction by Opheila Azriel De'Lonta (lmh)	PACER
37	Jan. 10, 2000	AFFIDAVIT by Opheila Azriel De'Lonta Re: [35-1] motion for Preliminary Injunction by Opheila Azriel De'Lonta (lmh)	PACER
38	Jan. 13, 2000	ORDER denying [35-1] Plaintiff's Motion for preliminary injunctive relief & Denying Plaintiff's Motion for a temporary restraining order (signed by Judge James C. Turk) [EOD Date 1/13/00] (kjh)	PACER
39	Jan. 18, 2000	RESPONSE by Opheila Azriel De'Lonta in Opposition to [34-1] motion to Stay by Dr. Wray, C. J. Angliker, R. Hulbert, M. V. Smith, [34-1] motion for Protective Order by Dr. Wray, C. J. Angliker, R. Hulbert, M. V. Smith, [32-1] motion for Protective Order by Dr. Swetter, [32-2] motion to Stay by Dr. Swetter (ssm) (Entered: 01/19/2000)	PACER
40	Jan. 19, 2000	MOTION for Leave to File amended complaint , and for Preliminary Injunction by Opheila Azriel De'Lonta (ssm)	PACER
41	Jan. 26, 2000	MOTION for Appointment of Expert by Opheila Azriel De'Lonta (Attorney ) (ssm)	PACER
42	Jan. 31, 2000	MOTION for Protective Order by Ronald J. Angelone (Attorney ) (ssm)	PACER
43	Feb. 3, 2000	INTERLOC NOTICE OF APPEAL by Opheila Azriel De'Lonta . , Inmate's mailing date of 2/2/00. Order appealed: 1/13/00 Order by Judge Turk) (ssm) (Entered: 02/04/2000)	PACER
44	Feb. 3, 2000	MOTION for Appointment of Counsel by Opheila Azriel De'Lonta (ssm) (Entered: 02/04/2000)	PACER
45	Feb. 10, 2000	ORDER Directing the Clerk of Court to submit to the Fourth CIrcuit certified copies of all relevant parts of the Record and maintain the original in this office pursuant to Rule 11e of FRAP ( signed by Judge James C. Turk ) [EOD Date 2/10/00] (ssm)	PACER
	Feb. 10, 2000	Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [43-1] appeal by Opheila Azriel De'Lonta (ssm)	PACER
	Feb. 10, 2000	RECORD ON APPEAL in 1 volumes sent to U.S. Court of Appeals: Re [43-1] appeal by Opheila Azriel De'Lonta (ssm)	PACER
	Feb. 11, 2000	Filing Fee Paid; FILING FEE $ 2.36 RECEIPT # 96511 (ssm)	PACER
	Feb. 16, 2000	NOTICE of Docketing ROA from USCA Re: [43-1] appeal by Opheila Azriel De'Lonta USCA Number: 00-6208 Docket Clerk Margaret Thomas (ssm)	PACER
	Feb. 16, 2000	ACKNOWLEDGMENT LETTER from 4th Cir re Rule 11e in 1 Vol (ssm)	PACER
46	Feb. 24, 2000	ORDER denying [44-1] motion for Appointment of Counsel ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 2/24/00] (ssm)	PACER
47	Feb. 24, 2000	ORDER granting [42-1] Defts' Motion for a protective order & taking [41-1] Plaintiff's motion for appointment of an expert under advisement. Directing Plaintiff to submit argument/evidence on the threshold constitutional issue by 3/25/00 & whatever else as stated in Order (signed by USMJ Glen E. Conrad) [EOD Date 2/24/00] (kjh)	PACER
48	Feb. 28, 2000	NOTICE of move to Augusta Corr Center by Opheila Azriel De'Lonta (ssm)	PACER
49	Feb. 29, 2000	ORDER granting in part, denying in part [40-2] motion for Preliminary Injunction ( signed by Judge James C. Turk ) [EOD Date 2/29/00] (ssm)	PACER
50	March 3, 2000	MOTION to Extend Time pltf to resp w/i 30 days by Opheila Azriel De'Lonta (ssm) (Entered: 03/06/2000)	PACER
51	March 14, 2000	ORDER granting [50-1] motion to Extend Time pltf to resp w/i 30 days ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 3/14/00] (ssm)	PACER
52	March 24, 2000	MOTION for Reconsideration of Denial of Appt of counsel/expert by Opheila Azriel De'Lonta (ssm)	PACER
53	March 31, 2000	MOTION to extend time to respond to Court's deadlines , by Opheila Azriel De'Lonta (kjh)	PACER
53	March 31, 2000	MEMORANDUM, by Opheila Azriel De'Lonta, in support of [52-1] Motion for Reconsideration of Court's Denial of Counsel (kjh)	PACER
54	April 3, 2000	MOTION for Appointment of Counsel by Opheila Azriel De'Lonta (ssm)	PACER
55	April 12, 2000	ADDITIONAL EVIDENCE by Opheila Azriel De'Lonta (ssm)	PACER
56	April 12, 2000	ORDER denying [54-1] motion for Appointment of Counsel ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 4/12/00] (ssm)	PACER
	April 12, 2000	NOTICE of move to Marion Corr. Treatment Center by Opheila Azriel De'Lonta (ssm)	PACER
57	April 13, 2000	JOINT MOTION to Consolidate Case w/ 99-749 by Opheila Azriel De'Lonta (ssm)	PACER
	April 17, 2000	ORDER from USCA DISMISSING this appeal for failure to prosecute pursuant to Local Rule 45 FRAP - dated 4-14-00 (ssm)	PACER
58	April 19, 2000	JOINT MOTION to Extend Time 60 days by Opheila Azriel De'Lonta (Duplicate filed in 99-749 and notice to pltfs to cease filing joint motions until such time as motion to consolidate cases has been ruled on) (ssm)	PACER
59	April 27, 2000	RESPONSE by C. J. Angliker, M. V. Smith, R. Hulbert, Dr. Wray in Opposition to [57-1] motion to Consolidate Case w/ 99-749 by Opheila Azriel De'Lonta (ssm)	PACER
60	May 4, 2000	ORDER granting [58-1] motion to Extend Time 60 days, denying [57-1] motion to Consolidate Case w/ 99-749, granting [40-1] motion for Leave to File amended complaint ( signed by Magistrate Judge Glen E. Conrad ) [EOD Date 5/4/00] (ssm)	PACER
61	May 8, 2000	NOTICE OF APPEAL by Opheila Azriel De'Lonta . , Inmate's mailing date of 05-04-00. Order appealed: 1-13-00 Order by Judge Turk) (ssm)	PACER
	May 8, 2000	Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [61-1] appeal by Opheila Azriel De'Lonta (ssm)	PACER
62	May 9, 2000	ORDER denying motion for interloc injunctive relief as amended ( signed by Judge James C. Turk ) [EOD Date 5/9/00] (ssm)	PACER
63	May 15, 2000	NOTICE OF APPEAL by Opheila Azriel De'Lonta . , Inmate's mailing date of 5/12/00. Order appealed: 4-12-00 Order) (ssm)	PACER
64	May 15, 2000	NOTICE OF APPEAL by Opheila Azriel De'Lonta . , Inmate's mailing date of 05-12-00. Order appealed: 05-09-00) (ssm)	PACER
	May 15, 2000	Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [63-1] appeal by Opheila Azriel De'Lonta (ssm)	PACER
	May 15, 2000	Transmittal Letter w/ Notice of Appeal and certified copy of docket to USCA: [64-1] appeal by Opheila Azriel De'Lonta (ssm)	PACER
	May 18, 2000	NOTICE of Docketing ROA from USCA Re: [61-1] appeal by Opheila Azriel De'Lonta USCA Number: 00-6645 Docket Clerk SJ Beasley (ssm)	PACER
	May 22, 2000	NOTICE of Docketing ROA from USCA Re: [63-1] appeal by Opheila Azriel De'Lonta USCA Number: 00-6679(L) consol. w/00-6680 Docket Clerk Jean St. John (emh) (Entered: 05/26/2000)	PACER
	May 22, 2000	NOTICE of Docketing ROA from USCA Re: [64-1] appeal by Opheila Azriel De'Lonta USCA Number: 00-6680 consol. w/00-6679(L) Docket Clerk Jean St. John (emh) (Entered: 05/26/2000)	PACER
	May 30, 2000	ORDER from USCA directing fee payments (ssm)	PACER
65	June 8, 2000	MOTION for Reconsideration of [62-1] order by Opheila Azriel De'Lonta (Attorney ) (ssm)	PACER
	June 8, 2000	RECORD ON APPEAL in 1 volumes sent to U.S. Court of Appeals: Re [64-1] appeal by Opheila Azriel De'Lonta, [63-1] appeal by Opheila Azriel De'Lonta, [61-1] appeal by Opheila Azriel De'Lonta (ssm)	PACER
	June 12, 2000	ACKNOWLEDGMENT LETTER from 4th Cir re ROA rec'd 6-9-00 (ssm)	PACER
66	June 13, 2000	ORDER denying [65-1] Plaintiff's Motion for Reconsideration of [62-1] Court's order which denied interlocutory injunctive relief (signed by Judge James C. Turk) [EOD Date 6/13/00] (kjh)	PACER
67	June 28, 2000	RESPONSE by Opheila Azriel De'Lonta in Opposition to [13-1] motion to Dismiss purs to Rule 12(b)(6) by Dr. Swetter, [12-1] answer by Dr. Swetter (ssm)	PACER
68	June 28, 2000	BRIEF by Opheila Azriel De'Lonta in Support of [67-1] opposition response by Opheila Azriel De'Lonta (ssm)	PACER
69	June 28, 2000	STATEMENT OF DISPUTED FACTUAL ISSUES by Opheila Azriel De'Lonta (ssm)	PACER
70	June 28, 2000	RESPONSE by Opheila Azriel De'Lonta in Opposition to Defendants Motion for Summary Judgment and Motion to Dismiss and Material Facts Defendants Left Out (ssm)	PACER
71	June 28, 2000	MOTION to Extend Time for 180 days for pltf to resp by Opheila Azriel De'Lonta (Attorney ) (ssm)	PACER
72	July 28, 2000	PROPOSAL OF SETTLEMENT by Opheila Azriel De'Lonta (ssm)	PACER
73	July 31, 2000	ADDITIONAL EVIDENCE in support of Ophelia DeLonta by Mary M. Boenke (ssm)	PACER
	Aug. 7, 2000	MEMORANDUM OPINION from 4th Circuit ent. AFFIRMING in part/DISMISSING in part (Decided 08-04-00) (ssm)	PACER
	Aug. 14, 2000	USCA NOTICE of filing of a timely petition for rehearing (emh) (Entered: 08/15/2000)	PACER
74	Sept. 5, 2000	Request for JUDICIAL NOTICE of South v. Gomex No 99 16976 by Opheila Azriel De'Lonta (ssm)	PACER

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Case Details

State / Territory:

Virginia

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: Sept. 9, 1999

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmate alleging that prison officials and doctors had denied her adequate medical treatment for her gender identity disorder in violation of Eighth Amendment

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Va DOC

Facility Type(s):

Government-run

Case Details