Knowledge of the Record Flashcards
1
Q
The events have taken place in the State of _____________.
A
Silphium (sil-phee-um)
2
Q
Mr. Escoffier was diagnosed with gender dysphoria on ______.
A
March 09, 2011
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
4
Q
Initially, Mr. Escoffier responded well to _________ treatments.
A
Social transition and hormone therapy
5
Q
What happened in February 2014?
A
Mr. Escoffier had a double mastectomy for health reasons, then sought reconstructive surgery on his chest
6
Q
What symptoms did Mr., Escoffier experience in April 2018?
A
Chronic depression, mild suicidal ideation.
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
8
Q
Who was Mr. Escoffier’s personal doctor?
A
Dr. Johanna Semlor
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.
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
11
Q
What is the disease that caused the deadly pandemic called?
A
Miasmic Syndrome
12
Q
What are the properties of Miasmic Syndrome?
A
Highly contagious; fatal in 1% of cases
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.
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.
15
Q
What privileges did incarcerated prisoners lose?
A
In-person visitation; Video-conferencing for Court
16
Q
How many Computers did Garum have available?
A
5
17
Q
What treatment was Mr. Escoffier permitted to receive?
A
Hormone Replacement therapy
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.
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.
20
Q
Who is the prison doctor who oversaw Mr. Escoffier’s care?
A
Dr. Chewtes
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
22
Q
Who chaired the medical committee and was Director of the Health Division at Garum?
A
Erica L. Laridum
23
Q
Who created the policy prohibiting gender affirmation surgery?
A
A medical committee reporting to Warden Posca
24
Q
What did the policy specifically prohibit?
A
Any surgical intervention to treat gender dysphoria.
25
What process did Mr. Escoffier’s request go through?
Several rounds of an investigation and administrative review which was ultimately denied due to the policy
26
When did Mr. Escoffier receive word his final appeal for his grievance was denied?
September 15, 2020
27
After his grievance was denied, what did Mr. Escoffier do?
He reached out to local law firm Forme Cury to puruse an eight-amendment violation.
28
Describe the Forme Cury Law Firm
25 attorneys; 40 Staff; Medium-Sized civil litigation firm.
29
How did Forme Cury get Mr. Escoffier’s case?
Mr. Escoffier reached out to them, and they decided to take his case pro-bono
30
Who is Ms. Pegge?
A senior associate at the firm who specialized in prison litigations and handled almost all incarcerated clients including Mr. Escoffier
31
Who is Mr. Escoffier’s lawyer?
Forme Cury, and Ms. Pegge
32
When did Ms. Pegge file suit on behalf of Mr, Escoffier?
October 20, 2020
33
Who is Max Posca?
Prison Warden of the Garum Correctional Facility
34
What did the civil lawsuit allege?
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.
35
On What grounds did Warden Posca move to dismiss the complaint?
It was a blanket policy that did not target Mr. Escoffier and such policies have been held constitutional
36
What did the District Court do with Warden Posca’s motion to dismiss the complaint?
Converted the Motion to dismiss into a Summary Motion Judgement
37
Why did the District court convert Warden Posca’s motion to dismiss?
It found that the factual record was complete
38
What did the district court rule on the summary judgement motion?
There was no disputes of material fact; In favor of Warden Posca
39
When did the District Court dismiss the suit?
February 1, 2021
40
What happened between Ms. Pegge and Mr. Escoffier after summary judgement?
They spoke and Ms. Pegge informed him Forme Cury would continue to represent him in the appeal.
41
What did Ms. Pegge tell Mr. Escoffier to expect going forward
They would continue to build the case; Would need Mr. Escoffier’s signatures by early March
42
What happened to Ms. Pegge?
She contracted a severe form of Miasmic Syndrome which required hospitalization and ventilator treatment
43
How long was Ms. Pegge Incapacitated?
Two weeks, much of the time with limited functionality
44
What did Forme Cury do for Mr. Escoffier during Ms. Pegge’s incapacitation?
Nothing
45
Were Mr. Escoffier’s matters properly transitioned to the rest of the firm?
No; She left a note with her legal assistant, but Mr. Escoffier’s case was not properly calendared
46
When did Ms. Pegge return to work?
March 12, 2021
47
How many times did Mr. Escoffier contact Ms. Pegge's direct line during her incapacitation?
Three Times; Left a voice message once
48
What was Mr. Escoffier’s computer and internet situation?
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
What did Mr. Escoffier’s email to Forme Cury say?
“Please help me on my appeal, I cannot reach Ms. Pegge.”
50
Who spoke to Mr. Escoffier on March 02, 2021?
Mr. Hami Sharafi
51
What did Mr. Sharafi say to Mr. Escoffier?
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
When did Mr. Escoffier put his notice of appeal in the legal prison mailbox and what was included?
March 02, 2021; Included completed prison mailing form
53
When did Garum mail the appeal to the District Court and why is there a delay?
March 07, 2021; Partly due to pandemic
54
When did the District Court receive Mr. Escoffier’s notice of appeal?
March 10, 2021
55
Under what rule did the defendant move to dismiss the complaint?
12(b)(6)
56
What was the first question analyzed by the Fourteenth Circuit?
Can an inmate with represented counsel take advantage of the rule under 4(c) when his counsel is incapacitated?
57
What was the second question analyzed by the Fourteenth Circuit?
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
What did the Fourteenth Circuit Decide?
Appeal was Timely; The blanket ban was unconstitutional
59
When did Warden Posca petition Supreme Court?
August 15, 2021
60
When did this court grant cert?
September 22, 2021
61
Who has ultimate authority for operations and safety of Garum?
Warden Posca
62
What is the Division of Health responsible for?
The medical and mental health care of all inmates housed at the facility
63
If an inmate has a documented case of Gender Dysphoria what will occur?
Comprehensive Physical and mental health evaluation
64
How will Garum treat Gender Dysphoria?
1. Mental Health Counseling
2. Hormone Therapy
3. Adjustments to Housing
65
What is the Grievance Process?
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
What are Erica L. Laridum’s Qualifications?
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
What role did Dr. Laridum serve at Garum?
Temporary Role – Assemble and chair committee to review standards of care and recommend changes to Garum Medical Policy Handbook
68
What role did Warden Posca serve on the committee?
Provided Information; No Vote; Approve Handbook
69
How did Dr. Laridum select the committee?
1. Experienced Physicians
2. Broad and Specialized Experts
3. No Political Positions; Views not considered
70
What was Dr. Chewtes role on the committee?
Member; Supervising Physiatrist at Garum; 20 years exp; 100 patients with Gender Dysphoria
71
Who is Dr. Bergamot?
Member of the committee - general surgeon
72
Who is Dr. Cordata?
Endocrinology – 1992
73
Who is Dr. Mitsuba?
Plastic Surgeon – 1988
74
How did the committee develop a treatment for gender dysphoria?
Dr. Chewtes pointed to WPATH standards
75
What was the discussion by the committee over gender affirmation surgery?
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
What did the committee decide on the issue of gender affirmation surgery?
After 1 hour and half over two days, they unanimously prohibited sex reassignment surgery
77
When was the new Handbook of Medical Policy for Garum approved?
August 16, 2019
78
When did Dr. Laridum provide her declaration?
October 24, 2020
79
What caution did Mr. Escoffier express regarding treatment to Dr. Semlor?
Client was unfamiliar with the diagnosis and did not want to take irreversible steps
80
What caused a marked decrease of suicidal ideation in Mr. Escoffier?
Progression of medical transition
81
What feelings did Mr. Escoffier have after his double-mastectomy?
Felt much more comfortable in his body
82
What happened on June 29, 2017?
Mr. Escoffier changed his name to Lucas Escoffier
83
What did Dr. Selmor recommend as treatment for Mr. Escoffier?
Found that female to male gender affirmation surgery is clinically indicated.
84
What is Warden Posca’s reasons for denying relief to Mr. Escoffier?
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
Who filled out the second part of the Mailing certificate and what did it show?
James Whitbread; Date Received; Postage Paid Check; Officer Signature
86
What did Mr. Escoffier include on the mailing form?
Name; ID; Destination; Legal Mail Check
87
When was Mr. Escoffier’s appeal sent out of the prison and by who?
March 07, 2021; Evander Linzer
88
What did the District Court note about the facts of this case?
None are disputed
89
How long is Mr. Escoffier’s Criminal Sentence?
5 Years
90
When did Mr. Escoffier’s sentence start?
March 07. 2020
91
What was the parties’ position on converting the motion to dismiss to a summary judgement motion?
Both parties agreed
92
When was a hearing on the conversion of the motion held?
January 12, 2021 – Court reserved decision
93
What did the District Court Decide on the Summary Judgement Motion?
No Material fact dispute; Defendant entitled to summary judgement
94
What must the Plaintiff Show to succeed?
Mr. Posca deliberately hindered or prevented access to necessary care.
95
What did the district court say the dispute turned on?
Whether the policy itself amounts to unconstitutional deliberate indifference to the needs of Mr. Escoffier.
96
How does the district court distinguish Edmo?
Edmo involved an individual determination finding it medically necessary, this is a blanket policy
97
How does the district Court distinguish Monroe?
That was a committee without medical experts unlike the committee in this case
98
What did the district court agree with in Gibson?
There was no medical consensus on gender affirmation surgery therefore not a constitutional violation
99
Who were the appeal court judges?
Child; Lagasse; Chang
100
What does the Court of Appeals say the reason for delay of the notice of appeal was?
Staffing difficulties and Mail backlog
101
Who bears the burden of establishing Jurisdiction?
Plaintiff Seeking Jurisdiction
102
Why does the Fourteenth Circuit reject the decisions limiting the prison mailbox rule to pro se prisoners?
1. No basis to limit the rule to pro se prisoners
2. Reading of Houston does not support it
103
What Issue of compliance of 4c did the Court of Appeals not address
First-Class Postage. Just Concludes it meets requirements
104
What was the difference between the Policy in Gibson and The Policy here?
In Gibson it was not included in treatment options, here it was expressly prohibited
105
Why does the court of appeals reject the District Court’s reasoning?
They don’t believe there is still a lack of medical consensus regarding gender affirmation surgery
106
How does the Fourteenth Circuit expand Edmo?
They say it stands for the proposition that a one-size-fits-all policy is per se unconstitutional
107
What did the Fourteenth Court remand to the district court for?
To conduct an individual determination about whether gender affirmation surgery is medically necessary for Mr. Escoffier.
108
When was the deadline for Mr. Escoffier to file his notice of appeal?
March 03, 2021
109
What did Judge Chang suggest there was no case law on?
A sliding scale analysis to determine how little involvement of representation makes a prisoner effectively pro se.
