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Moot Court Compeition > Knowledge of the Record > Flashcards

Knowledge of the Record Flashcards

1
Q

The events have taken place in the State of _____________.

A

Silphium (sil-phee-um)

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2
Q

Mr. Escoffier was diagnosed with gender dysphoria on ______.

A

March 09, 2011

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3
Q

Mr. Escoffier began to transition in May 2012. What steps did he take?

A

Changed name to Lucas; adopted pronouns he/him/him

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4
Q

Initially, Mr. Escoffier responded well to _________ treatments.

A

Social transition and hormone therapy

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5
Q

What happened in February 2014?

A

Mr. Escoffier had a double mastectomy for health reasons, then sought reconstructive surgery on his chest

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6
Q

What symptoms did Mr., Escoffier experience in April 2018?

A

Chronic depression, mild suicidal ideation.

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7
Q

What did Mr. Escoffier’s doctor assert his proper treatment was for the symptoms he experienced in April 2018?

A

Gender affirmation surgery

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8
Q

Who was Mr. Escoffier’s personal doctor?

A

Dr. Johanna Semlor

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9
Q

What medical issue led to his double mastectomy?

A

He discovered a mutated gene that is linked to significant risk of breast cancer.

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10
Q

What prevented Mr. Escoffier from acquiring his surgery, ___ days after the decision?

A

10 days; He was arrested and charged with tax fraud in the first degree

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11
Q

What is the disease that caused the deadly pandemic called?

A

Miasmic Syndrome

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12
Q

What are the properties of Miasmic Syndrome?

A

Highly contagious; fatal in 1% of cases

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13
Q

What measures were taken and encouraged by the government to combat the pandemic?

A

Remain 6 feet apart; don’t gather, wash hands, wear masks, and quarantine.

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14
Q

What measures were taken by Garum Correctional Facility as a response to the pandemic?

A

All classes and recreation were cancelled; inmates in cells for majority of the day; short periods of showering, recreation with limited prisoners.

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15
Q

What privileges did incarcerated prisoners lose?

A

In-person visitation; Video-conferencing for Court

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16
Q

How many Computers did Garum have available?

A

5

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17
Q

What treatment was Mr. Escoffier permitted to receive?

A

Hormone Replacement therapy

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18
Q

What sysmtoms did Mr. Escoffier experience while in prison?

A

Serious depression, weight and hair loss, loss of appetite, severe anxiety, suicidal ideation.

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19
Q

What was the first steps Mr. Escoffier took to combat his symptoms in prison?

A

He met with Dr. Chewtes to discuss his treatment options.

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20
Q

Who is the prison doctor who oversaw Mr. Escoffier’s care?

A

Dr. Chewtes

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21
Q

What did the medical staff at Garum say to Mr. Escoffier regarding gender affirmation surgery?

A

The policy of the facility prevented the surgery

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22
Q

Who chaired the medical committee and was Director of the Health Division at Garum?

A

Erica L. Laridum

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23
Q

Who created the policy prohibiting gender affirmation surgery?

A

A medical committee reporting to Warden Posca

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24
Q

What did the policy specifically prohibit?

A

Any surgical intervention to treat gender dysphoria.

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25
Q

What process did Mr. Escoffier’s request go through?

A

Several rounds of an investigation and administrative review which was ultimately denied due to the policy

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26
Q

When did Mr. Escoffier receive word his final appeal for his grievance was denied?

A

September 15, 2020

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27
Q

After his grievance was denied, what did Mr. Escoffier do?

A

He reached out to local law firm Forme Cury to puruse an eight-amendment violation.

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28
Q

Describe the Forme Cury Law Firm

A

25 attorneys; 40 Staff; Medium-Sized civil litigation firm.

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29
Q

How did Forme Cury get Mr. Escoffier’s case?

A

Mr. Escoffier reached out to them, and they decided to take his case pro-bono

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30
Q

Who is Ms. Pegge?

A

A senior associate at the firm who specialized in prison litigations and handled almost all incarcerated clients including Mr. Escoffier

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31
Q

Who is Mr. Escoffier’s lawyer?

A

Forme Cury, and Ms. Pegge

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32
Q

When did Ms. Pegge file suit on behalf of Mr, Escoffier?

A

October 20, 2020

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33
Q

Who is Max Posca?

A

Prison Warden of the Garum Correctional Facility

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34
Q

What did the civil lawsuit allege?

A

Warden Posca violated Mr. Escoffier’s eighth-amendment rights by imposing a blanket ban against gender affirmation surgery and denying him treatment he alleged he need to treat gender dysphoria.

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35
Q

On What grounds did Warden Posca move to dismiss the complaint?

A

It was a blanket policy that did not target Mr. Escoffier and such policies have been held constitutional

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36
Q

What did the District Court do with Warden Posca’s motion to dismiss the complaint?

A

Converted the Motion to dismiss into a Summary Motion Judgement

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37
Q

Why did the District court convert Warden Posca’s motion to dismiss?

A

It found that the factual record was complete

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38
Q

What did the district court rule on the summary judgement motion?

A

There was no disputes of material fact; In favor of Warden Posca

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39
Q

When did the District Court dismiss the suit?

A

February 1, 2021

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40
Q

What happened between Ms. Pegge and Mr. Escoffier after summary judgement?

A

They spoke and Ms. Pegge informed him Forme Cury would continue to represent him in the appeal.

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41
Q

What did Ms. Pegge tell Mr. Escoffier to expect going forward

A

They would continue to build the case; Would need Mr. Escoffier’s signatures by early March

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42
Q

What happened to Ms. Pegge?

A

She contracted a severe form of Miasmic Syndrome which required hospitalization and ventilator treatment

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43
Q

How long was Ms. Pegge Incapacitated?

A

Two weeks, much of the time with limited functionality

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44
Q

What did Forme Cury do for Mr. Escoffier during Ms. Pegge’s incapacitation?

A

Nothing

45
Q

Were Mr. Escoffier’s matters properly transitioned to the rest of the firm?

A

No; She left a note with her legal assistant, but Mr. Escoffier’s case was not properly calendared

46
Q

When did Ms. Pegge return to work?

A

March 12, 2021

47
Q

How many times did Mr. Escoffier contact Ms. Pegge’s direct line during her incapacitation?

A

Three Times; Left a voice message once

48
Q

What was Mr. Escoffier’s computer and internet situation?

A

He got access once on March 01, 2021 and he sent a general email to Forme Cury’s general inbox asking for assistance with his case

49
Q

What did Mr. Escoffier’s email to Forme Cury say?

A

“Please help me on my appeal, I cannot reach Ms. Pegge.”

50
Q

Who spoke to Mr. Escoffier on March 02, 2021?

A

Mr. Hami Sharafi

51
Q

What did Mr. Sharafi say to Mr. Escoffier?

A

Ms. Pegge was hospitalized; not familiar with his case; No attorney to help him so he needs to submit his own notice of appeal.

52
Q

When did Mr. Escoffier put his notice of appeal in the legal prison mailbox and what was included?

A

March 02, 2021; Included completed prison mailing form

53
Q

When did Garum mail the appeal to the District Court and why is there a delay?

A

March 07, 2021; Partly due to pandemic

54
Q

When did the District Court receive Mr. Escoffier’s notice of appeal?

A

March 10, 2021

55
Q

Under what rule did the defendant move to dismiss the complaint?

A

12(b)(6)

56
Q

What was the first question analyzed by the Fourteenth Circuit?

A

Can an inmate with represented counsel take advantage of the rule under 4(c) when his counsel is incapacitated?

57
Q

What was the second question analyzed by the Fourteenth Circuit?

A

Is a blanket ban prohibiting gender affirmation surgery at Garum a violation of the eighth amendment’s right to be free from cruel and unusual punishment?

58
Q

What did the Fourteenth Circuit Decide?

A

Appeal was Timely; The blanket ban was unconstitutional

59
Q

When did Warden Posca petition Supreme Court?

A

August 15, 2021

60
Q

When did this court grant cert?

A

September 22, 2021

61
Q

Who has ultimate authority for operations and safety of Garum?

A

Warden Posca

62
Q

What is the Division of Health responsible for?

A

The medical and mental health care of all inmates housed at the facility

63
Q

If an inmate has a documented case of Gender Dysphoria what will occur?

A

Comprehensive Physical and mental health evaluation

64
Q

How will Garum treat Gender Dysphoria?

A
  1. Mental Health Counseling
  2. Hormone Therapy
  3. Adjustments to Housing
65
Q

What is the Grievance Process?

A
  1. Inmate may file grievance to Division of Health for denial of services
  2. Will be reviewed by appropriate Supervising Clinician
  3. If rejected, Inmate can appeal to the Director
  4. If rejected, Inmate can appeal to administrator (Warden Posca)
  5. Nothing in the grievance process can entitle an inmate to a service not ordinarily rendered
66
Q

What are Erica L. Laridum’s Qualifications?

A
  1. Licensed Since 1989
  2. Hope State Hospital – Chief Physician Internal Medicine (2009)
  3. M.D. and Ph.D. Microbiology – University of Copacan (1986)
67
Q

What role did Dr. Laridum serve at Garum?

A

Temporary Role – Assemble and chair committee to review standards of care and recommend changes to Garum Medical Policy Handbook

68
Q

What role did Warden Posca serve on the committee?

A

Provided Information; No Vote; Approve Handbook

69
Q

How did Dr. Laridum select the committee?

A
  1. Experienced Physicians
  2. Broad and Specialized Experts
  3. No Political Positions; Views not considered
70
Q

What was Dr. Chewtes role on the committee?

A

Member; Supervising Physiatrist at Garum; 20 years exp; 100 patients with Gender Dysphoria

71
Q

Who is Dr. Bergamot?

A

Member of the committee - general surgeon

72
Q

Who is Dr. Cordata?

A

Endocrinology – 1992

73
Q

Who is Dr. Mitsuba?

A

Plastic Surgeon – 1988

74
Q

How did the committee develop a treatment for gender dysphoria?

A

Dr. Chewtes pointed to WPATH standards

75
Q

What was the discussion by the committee over gender affirmation surgery?

A
  1. Dr. Cordata opined surgery is never necessary
  2. Dr. Chewtes claimed other treatments were effective
  3. Dr. Chewtes alerted committee that precluding surgical intervention was contrary to WPATH standards.
76
Q

What did the committee decide on the issue of gender affirmation surgery?

A

After 1 hour and half over two days, they unanimously prohibited sex reassignment surgery

77
Q

When was the new Handbook of Medical Policy for Garum approved?

A

August 16, 2019

78
Q

When did Dr. Laridum provide her declaration?

A

October 24, 2020

79
Q

What caution did Mr. Escoffier express regarding treatment to Dr. Semlor?

A

Client was unfamiliar with the diagnosis and did not want to take irreversible steps

80
Q

What caused a marked decrease of suicidal ideation in Mr. Escoffier?

A

Progression of medical transition

81
Q

What feelings did Mr. Escoffier have after his double-mastectomy?

A

Felt much more comfortable in his body

82
Q

What happened on June 29, 2017?

A

Mr. Escoffier changed his name to Lucas Escoffier

83
Q

What did Dr. Selmor recommend as treatment for Mr. Escoffier?

A

Found that female to male gender affirmation surgery is clinically indicated.

84
Q

What is Warden Posca’s reasons for denying relief to Mr. Escoffier?

A
  1. Prohibited by Policy
  2. No Reason to second guess medical decisions
  3. Health System is stressed trying to manage the pandemic
  4. Viewed it as a luxury service.
85
Q

Who filled out the second part of the Mailing certificate and what did it show?

A

James Whitbread; Date Received; Postage Paid Check; Officer Signature

86
Q

What did Mr. Escoffier include on the mailing form?

A

Name; ID; Destination; Legal Mail Check

87
Q

When was Mr. Escoffier’s appeal sent out of the prison and by who?

A

March 07, 2021; Evander Linzer

88
Q

What did the District Court note about the facts of this case?

A

None are disputed

89
Q

How long is Mr. Escoffier’s Criminal Sentence?

A

5 Years

90
Q

When did Mr. Escoffier’s sentence start?

A

March 07. 2020

91
Q

What was the parties’ position on converting the motion to dismiss to a summary judgement motion?

A

Both parties agreed

92
Q

When was a hearing on the conversion of the motion held?

A

January 12, 2021 – Court reserved decision

93
Q

What did the District Court Decide on the Summary Judgement Motion?

A

No Material fact dispute; Defendant entitled to summary judgement

94
Q

What must the Plaintiff Show to succeed?

A

Mr. Posca deliberately hindered or prevented access to necessary care.

95
Q

What did the district court say the dispute turned on?

A

Whether the policy itself amounts to unconstitutional deliberate indifference to the needs of Mr. Escoffier.

96
Q

How does the district court distinguish Edmo?

A

Edmo involved an individual determination finding it medically necessary, this is a blanket policy

97
Q

How does the district Court distinguish Monroe?

A

That was a committee without medical experts unlike the committee in this case

98
Q

What did the district court agree with in Gibson?

A

There was no medical consensus on gender affirmation surgery therefore not a constitutional violation

99
Q

Who were the appeal court judges?

A

Child; Lagasse; Chang

100
Q

What does the Court of Appeals say the reason for delay of the notice of appeal was?

A

Staffing difficulties and Mail backlog

101
Q

Who bears the burden of establishing Jurisdiction?

A

Plaintiff Seeking Jurisdiction

102
Q

Why does the Fourteenth Circuit reject the decisions limiting the prison mailbox rule to pro se prisoners?

A
  1. No basis to limit the rule to pro se prisoners
  2. Reading of Houston does not support it
103
Q

What Issue of compliance of 4c did the Court of Appeals not address

A

First-Class Postage. Just Concludes it meets requirements

104
Q

What was the difference between the Policy in Gibson and The Policy here?

A

In Gibson it was not included in treatment options, here it was expressly prohibited

105
Q

Why does the court of appeals reject the District Court’s reasoning?

A

They don’t believe there is still a lack of medical consensus regarding gender affirmation surgery

106
Q

How does the Fourteenth Circuit expand Edmo?

A

They say it stands for the proposition that a one-size-fits-all policy is per se unconstitutional

107
Q

What did the Fourteenth Court remand to the district court for?

A

To conduct an individual determination about whether gender affirmation surgery is medically necessary for Mr. Escoffier.

108
Q

When was the deadline for Mr. Escoffier to file his notice of appeal?

A

March 03, 2021

109
Q

What did Judge Chang suggest there was no case law on?

A

A sliding scale analysis to determine how little involvement of representation makes a prisoner effectively pro se.

Moot Court Compeition (2 decks)

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