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B.C. v. Estes

United States District Court, N.D. Alabama, Northeastern Division

September 3, 2014

B.C., Plaintiff,
v.
ESTES, et al., Defendants.

MEMORANDUM OPINION

KARON OWEN BOWDRE, Chief District Judge.

This matter comes before the court on the magistrate judge's report and recommendation (doc. 25); Plaintiff's objections (doc. 26) and supplemental objections (doc 28); Defendants Truett, Crocker and Wright's objections (doc. 29); and Defendant Estes's objections (doc. 30).

In his report, the magistrate judge recommends as follows:

(1) Defendants' motions for summary judgment on Plaintiff's claims against them in their official capacities for injunctive relief on the basis of Eleventh Amendment immunity be denied;

(2) Defendants Estes, Wright, Crocker, and Truett's motions for summary judgment on Plaintiff's Eighth Amendment claims concerning the denial of hormone therapy be denied;

(3) Defendants Estes, Wright, Crocker, and Truett's motions for summary judgment on Plaintiff's Eighth Amendment claims concerning denial of hormone therapy on the basis of qualified immunity be denied;

(4) Defendants Estes, Wright, Crocker, and Truett's motions for summary judgment on Plaintiff's Eighth Amendment claims concerning sports bras be granted;

(5) Defendants Terry and Williams's motions for summary judgment on Plaintiff's Eighth Amendment claims concerning dental care be granted;

(6) Defendants Terry and Williams's motions for summary judgment on Plaintiff's Fourteenth Amendment equal protection claims be granted; and

(7) Defendants' motions for summary judgment on Plaintiff's Fourteenth Amendment privacy claims be granted on the basis of qualified immunity.

Plaintiff filed objections to the recommendation that summary judgment be granted to the defendants on his constitutional right to privacy. (Doc. 26). He did not object to the recommendation regarding granting summary judgment as to his Eighth Amendment claims concerning dental care or his equal protection claims. Plaintiff filed a supplemental objection in which he objected to the recommendation to dismiss his claim under the Eighth Amendment concerning sports bras; he contends that claim is not moot because, although he admits having received sports bras, he claims that his bras have been taken and not returned during shakedowns. (Doc. 28).

Defendant Estes filed an objection to the recommendation that his motion for summary judgment be denied as to Plaintiff's Eighth Amendment claim against him for deliberate indifference to serious medical needs. (Doc. 30). Defendant Estes contends that Plaintiff presents no evidence that he had subjective knowledge of the Plaintiff's medical condition or any alleged serious medical need that the prison failed to meet.

Defendants Truett, Crocker, and Wright also filed objections to the recommendation that the Plaintiff's Eighth Amendment claims against them survive summary judgment. (Doc. 29). The objections contain a "Supplemental Affidavit of Dr. April Truett" stating that the Plaintiff "does not suffer from any physical medical complication as a result of not being prescribed Estrogen or any other hormone treatment." (Doc. 29-1). However, In her initial affidavit, Defendant Truett indicated that, because the Plaintiff was not receiving hormone therapy at the time of his transfer to Limestone County Correctional Facility, the ADOC's transgender policy prevented her from giving the Plaintiff hormone therapy. (Doc. 17 pg. 39). She did not mention the ADOC's policy in her Supplemental Affidavit as the reason for not giving the Plaintiff hormone therapy.

Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and all of the ...


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