Monroe et al v. Rauner et al

Filing 332

PRELIMINARY INJUNCTION. Signed by Chief Judge Nancy J. Rosenstengel on 8/9/2021.

Case 3:18-cv-00156-NJR Document 332 Filed 08/09/21 Page 1 of 4 Page ID #7682

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JANIAH MONROE,
MARILYN MELENDEZ,
LYDIA HELÉNA VISION,
SORA KUYKENDALL, and
SASHA REED, individually and on
behalf of a class of similarly situated
individuals,
Plaintiffs,
v.

Case No. 3:18-CV-00156-NJR

STEVE MEEKS,
MELVIN HINTON, and
ROB JEFFREYS,
Defendants.

PRELIMINARY INJUNCTION
ROSENSTENGEL, Chief Judge:
Pursuant to Rule 65(d)(1)(C) of the Federal Rules of Civil Procedure and
MillerCoors LLC v. Anheuser-Busch Companies, LLC, 940 F.3d 922 (7th Cir. 2019), the Court
issues the following preliminary injunctive relief. This relief is in addition to the previous
preliminary injunction at Doc. 212, which CONTINUES in force.
The Court ORDERS the following additional relief:
1. Plaintiffs Sora Kuykendall and Sasha Reed shall, within 7 days of the date
of this Order, be given lab tests to check their prolactin levels. If those levels
are still elevated, they shall be given an MRI test within 5 days of receipt of
the prolactin results.
2. Each member of the Plaintiff class who is currently receiving hormone
therapy shall, within 14 days of the date of this Order, be given blood tests
to assess hormone levels, as well as potassium, creatinine, and prolactin
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levels (for transgender females) and hemoglobin/hematocrit levels (for
transgender males). Thereafter, if the hormone levels are not within the
appropriate range set forth by the Endocrine Society Hormone Guidelines
(for transgender females, testosterone of less than 15 nanograms/deciliter
and estradiol between 100-200 picograms/milliliter; for transgender males,
testosterone levels between 400-600 nanograms/deciliter), Defendants shall
ensure that the individual’s hormone medication is titrated following
receipt of the bloodwork results and bloodwork repeated at least every
3 months until the levels are within an appropriate range.
3. Any Plaintiff class member who has requested hormone therapy to date
shall, within 21 days of the date of this Order, get baseline bloodwork done
and hormone therapy started within 14 days thereafter, with follow-up
bloodwork at least every 3 months until the levels are within an appropriate
range.
4. Each Plaintiff class member receiving hormone therapy shall get bloodwork
done at least once a year to assess hormone levels, as well as potassium,
creatinine, and prolactin levels (for transgender females) and
hemoglobin/hematocrit levels (for transgender males) and shall be treated
as medically indicated by the results. No Plaintiff class member shall be
prescribed conjugated estrogen.
5. Any Plaintiff class member whose hormone levels are within the
appropriate range, and who has requested evaluation for gender affirming
surgery, shall be evaluated for such surgery within 120 days of the date of
this Order with inmates being evaluated in chronological order of the date of
the inmate’s original request for surgery. Each class member so evaluated
shall be provided a prompt written notification of the decision and, if
surgery is denied, the written notification shall include an explanation of
the reasons for denial and a timeframe to request another evaluation
thereafter.
6.

Plaintiff class members shall be allowed to choose the gender of the
correctional officer who will conduct a search of their person, and the search
SHALL BE conducted by a correctional officer of the gender requested.

7. Each Plaintiff class member who has requested transfer to a facility
matching his or her expressed gender (female facility for transgender
women, male facility for transgender men) shall be evaluated for transfer
within 120 days of the date of this Order, with inmates being evaluated in
chronological order of the date of the inmate’s original request for transfer.
Each class member so evaluated and denied transfer shall be promptly
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provided with a written explanation of each reason for the denial and
allowed to request another evaluation for transfer within 180 days
thereafter.
8. Each Plaintiff class member shall immediately be provided with access to
gender affirming items in the commissary and shall immediately be
provided with a list of available gender affirming items. Defendants shall
immediately ensure all approved gender affirming items are available at
the commissary at each class member’s institution. Defendants shall, within
30 days of the date of this Order, provide the Court with a list of all
commissary items available at each facility.
9. Defendants shall immediately ensure that medical care and mental health
treatment of Plaintiff class members shall be conducted only by medical
staff and mental health professionals who have taken WPATH training and
are committed to continuing education on issues of transgender health.
Similarly, medical providers and mental health professionals who hold
personal or religious beliefs that prohibit their treatment of inmates with
gender dysphoria shall have no contact with any member of the class from
this date forward.
10. Defendants shall immediately ensure that transgender inmates are allowed
access to a private shower.
Again, the Court acknowledges Defendants have made some progress toward
compliance with the Court’s orders for preliminary injunctive relief (Docs. 186, 187,
amended at Doc. 212), and recognizes that the COVID-19 pandemic has caused some of
the delays in accomplishing compliance. This progress must continue. To that end, the
Court further ORDERS Defendants to finalize the following “in progress” projects
within 120 days of this Order.
1. Finalize the contract with Wexford to provide hair removal services to
Plaintiff class members;
2. Finalize the contract with Dr. Schechter to provide gender affirming
surgery to Plaintiff class members who are approved to receive such
surgery;

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3. Finalize and implement the CQI (Continuing Quality Improvement)
program for transgender care;
4. Finalize IDOC’s written surgical standards for transgender care;
5. Finalize and implement the PRISM project (the special population
program) (discussed in Doc. 326, pp. 640, 648-49, 651)
6. Finalize and implement additional and ongoing training for all correctional
staff on transgender issues and awareness, including the harm caused by
misgendering and harassment;
7. Finalize and implement training for inmates and staff at Logan Correctional
Center regarding incoming/transferred transgender inmates;
8. Finalize and implement IDOC’s transgender identification policy.
IT IS SO ORDERED.
DATED: August 9, 2021
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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