Monroe et al v. Rauner et al
ORDER Appointing Special Master/Monitor. The Court APPOINTS julie graham, MFT, as the second Co-Monitor to oversee compliance in the areas set forth in Part I, Sections D, E, and F, of the Order at Doc. 370 , pp. 11-13, including the reporting and facilitation duties set forth in Section G of Doc. 370 , pp. 13-14. Her duties include monitoring Defendants' compliance with the ordered injunctive relief on access to gender-affirming commissary items (clothing, personal care, and hygiene); elimination of cross-gender body searches and implementation of IDOC's transgender identification policy (including access to private showers); and training (on transgender issues and awareness for all correctional staff, and for Logan Correctio nal Center inmates and staff regarding incoming transgender inmates). These responsibilities correspond to listed sections of the comprehensive Preliminary Injunction (Doc. 384 ). See Order for details. Signed by Chief Judge Nancy J. Rosenstengel on 5/10/2022. (Attachments: # 1 Exhibit Doc. 370)(beb)
Case 3:18-cv-00156-NJR Document 423 Filed 05/10/22 Page 1 of 6 Page ID #11934
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JANIAH MONROE, 1
LYDIA HELÉNA VISION,
SORA KUYKENDALL, and
SASHA REED, individually and on
behalf of a class of similarly situated
Case No. 3:18-CV-00156-NJR
MELVIN HINTON, and
MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
On December 13, 2021, the Court notified the parties that a Special
Master/Monitor (hereinafter “Monitor”) 2 would be appointed in this case. (Doc. 370);
FED. R. CIV. P. 53; 18 U.S.C. § 3626. As noted in prior Orders, the Court determined that
the assistance of a Monitor is necessary to oversee and advise the Court and the parties
regarding Defendants’ compliance with the Court’s Preliminary Injunctions (Docs. 212,
The named Plaintiffs, and many members of the Plaintiff class, use chosen names reflecting their
gender identity rather than their given names at birth. Throughout this Order, the Court refers to
each Plaintiff by their chosen name, which may not match the name in IDOC records. The Plaintiff
class consists of all prisoners in the custody of IDOC who have requested evaluation or treatment
for gender dysphoria. (Doc. 213). Approximately 159 individuals have been identified as
belonging to the class. (See Sealed Doc. 401, Defendants’ Response to Doc. 390, Feb. 28, 2022)).
See 18 U.S.C. § 3626(g)(8).
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332, 336, 384) 3, implementation of the Illinois Department of Corrections’ April 2021
revised Administrative Directives regarding transgender prisoners, and to assess and
advise the Court and the parties whether further revisions of Illinois Department of
Corrections (“IDOC”) policies and Administrative Directives are necessary in order to
remedy the unconstitutional treatment of transgender prisoners in IDOC facilities.
See FED. R. CIV. P. 53(b)(1).
The parties submitted several candidates for possible selection as Monitor.
Defendants submitted one candidate, and Plaintiffs submitted four names; Defendants
struck two of those. The Court discussed the monitoring duties with two of the remaining
individuals (one nominated by each party) and after much consideration, Defendants’
sole candidate withdrew her name.
In consideration of Defendants’ suggestion to divide the monitoring duties
between two individuals (Doc. 375), on April 5, 2022, the Court appointed Amanda L.
Harris, M.D. (one of the candidates submitted by Plaintiffs) as the first Co-Monitor to
oversee compliance in the areas of hormone therapy, surgery and related treatment, and
transfers. (Doc. 418).
In the April 5, 2022 Order (Doc. 418, pp. 3-4), the Court advised the parties that a
second Co-Monitor would be appointed to monitor the matters in Part I, Sections D, E,
and F, of the Order at Doc. 370, pp. 11-13, which includes injunctive relief in the areas of
Subsequent to the Order notifying the parties that a Monitor will be appointed, on February 7,
2022, the Court ordered additional injunctive relief and summarized all injunctive relief ordered
to date. (Docs. 383, 384).
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gender-affirming prison commissary items, eliminating cross-gender body searches and
implementation of an effective transgender identification policy, and training of
correctional staff on transgender issues and awareness. (See Doc. 384, pp. 3-5, 8-12).
Also in that Order, the Court noted that one potential monitor candidate still
remained from the names submitted by Plaintiffs. Further, Defendants’ sole candidate,
when she withdrew, suggested two other individuals who might be willing to serve. The
Court advised the parties that if no party objected to those two suggested candidates, the
Court would discuss the Co-Monitor role with the three individuals and would select one
of them. (Doc. 418, p. 6). Any party objecting was invited to submit one additional name
for consideration as the second Co-Monitor. Id.
Plaintiffs objected to the credentials of the two individuals suggested by
Defendants’ withdrawn candidate and requested the Court to appoint their remaining
nominee as the second Co-Monitor. (Doc. 420). Defendants did not object to the Court’s
suggested appointment procedure. Accordingly, the Court discussed the Co-Monitoring
duties with julie graham, Plaintiffs’ remaining candidate, and is satisfied with her
expertise to serve as the second Co-Monitor in this case.
APPOINTMENT OF SECOND CO-MONITOR
The Court now APPOINTS julie graham, MFT, 4 as the second Co-Monitor to
oversee compliance in the areas set forth in Part I, Sections D, E, and F, of the Order at
Doc. 370, pp. 11-13, including the reporting and facilitation duties set forth in Section G
Marriage and Family Therapist.
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of Doc. 370, pp. 13-14. 5 Her duties include monitoring Defendants’ compliance with the
ordered injunctive relief on access to gender-affirming commissary items (clothing,
personal care, and hygiene); elimination of cross-gender body searches and
implementation of IDOC’s transgender identification policy (including access to private
showers); and training (on transgender issues and awareness for all correctional staff, and
for Logan Correctional Center inmates and staff regarding incoming transgender
inmates). These responsibilities correspond to the following sections/paragraphs of the
comprehensive Preliminary Injunction (Doc. 384):
Section II (Aug. 9, 2021), ¶¶ 6, 8, 10 (Doc. 384, pp. 3-4), and ¶¶ 6-8 (Doc. 384, p. 5) 6
Section IV (Feb 7, 2022), ¶¶ 5, 7, 9, 14-16 (Doc. 384, pp. 8-12).
Defendants shall permit the Co-Monitor to access correctional facilities and speak
to staff and inmates, upon at least 48 hours’ prior notice to Defendants’ counsel, in
connection with her monitoring responsibilities.
Within seven days of the date of this Order, Ms. graham shall file an affidavit with
the Court disclosing whether there is any ground for her disqualification under 28 U.S.C.
§ 455. If a ground is disclosed, the parties shall inform the Court within three business
The December 13, 2021 Order (Doc. 370) setting forth the Monitor’s duties will be docketed as
an exhibit to this order for convenient reference.
Paragraphs 6-8 of Doc. 384, p. 5 consist of items to have been completed by the 120-day deadline
that ended on December 7, 2021. Defendants have contracted to provide the training referenced
in ¶ 6 to all staff by March 30, 2022 and to provide future training; updates are needed on
compliance. (Doc. 369, p. 4; Docs. 369-7, 369-8). Contracts are also in place to provide training to
Logan staff and inmates (¶ 7); monitoring of implementation is needed. (Doc. 369, pp. 4-5; Docs.
369-7, 369-8). The transgender identification policy (¶ 8) was finalized and implemented;
monitoring is needed to assess its effectiveness at ending cross-gender body searches. (Doc. 369,
p. 5; Doc. 369-9).
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days of the filing of the affidavit whether they waive the disqualification. See FED. R. CIV.
P. 53(b)(3). (See Doc. 370, p. 15).
REPORTING BY SECOND CO-MONITOR
Ms. graham shall make an initial report to the Court and the parties indicating
Defendants’ compliance, partial compliance, or noncompliance with the matters set forth
in Parts D, E, and F of Doc. 370 and the related sections of Doc. 384 within 90 days of the
date of this Order. Thereafter, Ms. graham shall submit follow-up reports at intervals to
be determined by the Court, which shall address the identified areas of Defendants’
partial compliance or noncompliance. Either party shall have 30 days in which to respond
to a report. (See Doc. 370, pp. 13-14).
In addition, for any component of the ordered injunctive relief within the scope of
Ms. graham’s monitoring duties, if Ms. graham concludes that Defendants are not in
compliance, Ms. graham shall report such finding to the parties and to the Court, within
14 days of such finding. Either party shall have 14 days in which to respond to a report
As set forth in Doc. 370, p. 14, the Co-Monitor’s duties will include assisting and
facilitating the parties’ development of remedial plans, including possible further
revisions to IDOC’s Administrative Directives governing transgender prisoners. Ms.
graham may arrange conferences with counsel for the parties and with IDOC staff as
appropriate, which may include coordination with the first Co-Monitor. (See Doc 370,
The Co-Monitor shall be compensated from the Court’s appropriated funds at a
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rate not to exceed the hourly rate established under 18 U.S.C. § 3006A for payment of
court-appointed counsel (currently $158), plus costs reasonably incurred by the CoMonitor. 18 U.S.C. § 3626(f)(4); FED. R. CIV. P. 53(g)(2)(B).
The Court shall review the Co-Monitor’s appointment every six months following
the appointment, to determine whether the services of the Co-Monitor continue to be
required during the remedial phase of this matter. 18 U.S.C. § 3626(f)(5).
IT IS SO ORDERED.
DATED: May 10, 2022
NANCY J. ROSENSTENGEL
Chief U.S. District Judge
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