Monroe et al v. Rauner et al

Filing 522

ORDER pursuant to the January 19, 2023 status conference: The Plaintiffs' Motion for Finding of Contempt (Doc. 455 ) remains under advisement. The Court finds that IDOC's designation of a single staff person to be the "point person&q uot; on commissary matters for accountability and communication with Co-Monitor graham and counsel has proven very helpful in moving toward compliance in that area. In order to facilitate similar accountability in the other areas where injunctive rel ief has been ordered, Defendants are ORDERED to designate an individual within their ranks to serve as the responsible point of contact with the Co-Monitors and counsel, with regard to each other category of concern set forth in the Preliminary Injun ctions (hormone treatment, gender affirming surgery, CQI program for transgender care, transfers, conditions/placement at Logan and in PRISM, showers, searches, trainingfor staff and inmatesand the transgender identification policy). Such designation s shall be filed with the Court by February 8, 2023. In order to keep these efforts on track and provide measurable benchmarks, the Court finds it appropriate to adopt the following schedule (see Order for details). Signed by Chief Judge Nancy J. Rosenstengel on 1/24/2023. (beb)

Case 3:18-cv-00156-NJR Document 522 Filed 01/24/23 Page 1 of 6 Page ID #12963

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.

MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
A status conference was held on January 19, 2023, via videoconference, attended
by Co-Monitors Dr. Amanda Harris and julie graham, as well as counsel for the parties.
This was a continuation of the Status Conference held on December 15, 2022. The
Plaintiffs’ Motion for Finding of Contempt (Doc. 455) remains under advisement, and
another status hearing has been set for February 21, 2023. (Doc. 521).
The Court recognizes that progress has been made toward Defendants’
compliance with the Preliminary Injunctions. Nonetheless, 18 months have now passed
since the August 2021 trial in this matter, and the Court expected that more progress
would have been made by now. It is encouraging that the parties will be meeting

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regularly to work with the Co-Monitors on policy revisions and other matters that must
be addressed in order to ensure correction of the unconstitutional treatment of Plaintiff
class members and provide for their safety while in custody.1 These meetings should
continue on a monthly basis, on dates to be determined by counsel and the CoMonitors.
The Court encourages the named defendants or other IDOC administrators to
participate in the upcoming meetings between counsel and the Co-Monitors, as
appropriate.
The Court finds that IDOC’s designation of a single staff person to be the “point
person” on commissary matters for accountability and communication with Co-Monitor
graham and counsel has proven very helpful in moving toward compliance in that area.
In order to facilitate similar accountability in the other areas where injunctive relief has
been ordered, Defendants are ORDERED to designate an individual within their ranks
to serve as the responsible point of contact with the Co-Monitors and counsel, with regard
to each other category of concern set forth in the Preliminary Injunctions (hormone
treatment, gender affirming surgery, CQI program for transgender care, transfers,
conditions/placement at Logan and in PRISM, showers, searches, training—for staff and
inmates—and the transgender identification policy). Such designations shall be filed with
the Court by February 8, 2023.
In order to keep these efforts on track and provide measurable benchmarks, the

The parties advised the Court that the next meeting between counsel and the Co-Monitors is
scheduled for February 7, 2023.
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Court finds it appropriate to adopt the following schedule. (See Docs. 506, 506-1, Joint
Proposed Schedule Pursuant to Doc. 494). The parties and Co-Monitors are ORDERED
to do the following:
1. HORMONE THERAPY:
a. Defendants shall perform baseline blood work for any class member not in
range by February 28, 2023.
b. Class members already on hormone therapy as of December 14, 2022,
whose levels remain out of range shall have dosages adjusted and be
referred to an endocrinologist by March 21, 2023.
c. Defendants shall conduct baseline blood work for any class member who
newly requests hormone therapy by February 28, 2023. Hormone therapy
shall be started for this group by March 21, 2023.
d. Defendants shall file quarterly updates regarding blood levels of all class
members to the Court under seal and to Co-Monitor Harris, beginning with
the next scheduled 3-month blood draws.
2. GENDER AFFIRMING SURGERY:
a. Defendants shall file under seal a list of providers contacted for gender
affirming surgery, no later than February 28, 2023.
b. For the class members approved for surgery as of January 4, 2023,
Defendants shall schedule a consultation with Dr. Schechter to take place
no later than March 8, 2023. If Dr. Schechter cannot schedule such
consultations by that date, Defendants shall schedule consultations with
new/additional providers to take place no later than April 7, 2023.
c. For class members who have requested surgery as of January 4, 2023, but
have not yet been approved or denied, by March 8, 2023, Defendants shall
provide each individual with a written decision either approving or
denying surgery along with the bases for denial, including next steps.
3. CQI:
a. By February 28, 2023, Defendants shall certify to the Court that IDOC has a
working audit/compliance tool.
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b. By March 8, 2023, Defendants shall provide the revised audit/compliance
tool to Plaintiffs’ counsel and to Co-Monitor Harris for review and
comment.
4. TRANSFERS:
By February 1, 2023, Defendants shall update and file under seal the chart showing
transfer requests by class members (Doc. 464) and approval or denial, and shall
provide copies of the associated documentation for denials to Plaintiffs’ counsel
and to the Co-Monitors.
5. ISOLATION AT LOGAN:
By February 1, 2023, Defendants shall provide documentation to the Co-Monitors,
to Plaintiffs’ counsel, and file under seal, for each class member housed on DWing, explaining why the individual is housed there; and shall provide the daily
schedule of D-Wing (times of dayroom access, showers, yard time, and
times/locations of meals).
6. COMMISSARY:
The parties shall confer together with the Co-Monitors, to reach agreement on the
items to be included in a gender-affirming kit for all class members as standardissue medical care; and shall set compliance deadlines for this kit to be distributed
to all class members and to any new transgender person entering IDOC custody.
Issues for discussion include what to do if different class members want different
items, and whether replenishment of such items for class members will be honored
as medical care.
7. SHOWERS:
a. By February 28, 2023, Defendants shall file a new certification from each
IDOC facility that houses at lease one class member that such facility
provides a private shower for each class member.
b. Plaintiffs’ counsel shall advise the Court and Co-Monitor graham within
seven days of their receipt of any reports of noncompliance with the private
shower requirement.
c. The parties and Co-Monitors shall discuss and agree on the procedures and
deadlines to transfer any class member from a facility that fails to timely
certify the provision of a private shower, to a facility where compliance was
certified.
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8. SEARCHES:
a. By February 28, 2023, Defendants shall file a certification letter from each
IDOC facility housing at least one class member, that such facility will
conduct timely searches only by a person of the same gender as the class
member or by using a body scanner.
b. The parties and Co-Monitors shall discuss and agree on the procedures and
deadlines to transfer any class member from a facility that fails to timely
certify the search provisions above, to a facility where compliance was
certified.
9. TRAINING:
a. By February 8, 2023, Defendants shall file, under seal if necessary, a copy
of the Moss Group test training used in September 2022.
b. By February 8, 2023, Defendants shall report the status of the training
program being developed by the Moss Group for all incarcerated persons
at Logan (to be approved by Co-Monitor julie graham) and the date by
which such training will be completed. The parties and Co-Monitor graham
shall discuss and agree on the date by which the training of incarcerated
persons at Logan will be completed.
c. The parties and both Co-Monitors shall discuss and agree on the date by
which additional WPATH training will be completed for all medical and
mental health providers serving class members. Defendants shall file
certificates of completion by medical/mental health staff no later than June
30, 2023.
10. ADDITIONAL MATTERS & REPORTING:
a. The parties and Co-Monitors shall discuss and set timeframes for
Defendants to provide copies to Co-Monitor graham and Plaintiffs’ counsel
of all class member grievances concerning staff conduct relating to the
issues in this case, and for Defendants to provide copies to Co-Monitor
graham and Plaintiffs’ counsel, and file under seal, of any investigation or
disciplinary actions taken against a staff member for violations of AD
03.02.108 (Standards of Conduct) relating to the issues in this case.

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b. Starting January 2023 and on a monthly basis, Defendants shall provide
Plaintiffs’ counsel with updates to the IDOC transgender databases for
medical care and accommodation.
c. Defendants shall provide to Plaintiffs’ counsel any other documents
provided to the Co-Monitors, at intervals agreed upon by the parties and
Co-Monitors.
d. Defendants shall continue to consult with Co-Monitor graham on the
contents and finalization of the “FAQ” handout for transgender/gender
nonconforming individuals in custody.
IT IS SO ORDERED.
DATED: January 24, 2023
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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