Fields v. Smith
What's at Stake
(Formerly Sundstrom v. Frank)
Transgender prisoners are barred from medical treatment.
Summary
In 2005, the Wisconsin legislature passed a law that bars prison doctors from deciding the best course of treatment for transgender people by denying them access to any type of hormone therapy or sex reassignment surgery while in state custody The ÀÏ°ÄÃÅ¿ª½±½á¹û and Lambda Legal sued on behalf of two inmates incarcerated for nonviolent offenses: Kari Sundstrom and Andrea Fields, who were both serving time in Wisconsin prisons on forgery charges. Sundstrom, 41, had been on hormone therapy since 1990. Fields, 29, has been on hormone therapy since 1996.
Medical experts agree that blocking people from access to hormone treatment after they have been on the treatment is especially dangerous and could cause life-threatening damage. The lawsuit charges that it is a violation of the Constitution's guarantee of equal protection as well as the guarantee against cruel and unusual punishment to bar transgender inmates from access to individualized medical care. The plaintiffs in the lawsuit do not seek sex reassignment surgery, but merely seek to continue the hormone therapy they have received for all of their adult lives.
Status:
Victory! On August 5, 2011, the 7th Circuit Court of Appeals ruled that the 2005 Wisconsin law violates the constitution, striking it down in its entirety. The Supreme Court denied the state’s petition for certiorari, and the 7th Circuit decision stands.
Legal Documents
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12/22/2010
Fields v. Smith - Defendants' Reply and Response in Cross-Appeal
Date Filed: 12/22/2010
Affiliate: Wisconsin
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12/18/2006
Sundstrom v. Frank - Third Amended Complaint
Date Filed: 12/18/2006
Affiliate: Wisconsin
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11/29/2010
Fields v. Smith - Brief of Amici Curiae - Medical and Mental Health Professionals
Date Filed: 11/29/2010
Affiliate: Wisconsin
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11/23/2010
Fields v. Smith - Brief of the Plaintiffs - Appellees, Cross Appellants
Date Filed: 11/23/2010
Affiliate: Wisconsin
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10/19/2007
Sundstrom v. Frank - Defendants' Trial Brief
Date Filed: 10/19/2007
Affiliate: Wisconsin
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10/18/2007
Sundstrom v. Frank - Plaintiffs' Trial Brief
Date Filed: 10/18/2007
Affiliate: Wisconsin
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10/15/2007
Sundstrom v. Frank - Opinion on Summary Judgment
Date Filed: 10/15/2007
Affiliate: Wisconsin
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10/05/2007
Sundstrom v. Frank - Order on Motions in Limine
Date Filed: 10/05/2007
Affiliate: Wisconsin
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10/02/2007
Sundstrom v. Frank - Joint Pretrial Report
Date Filed: 10/02/2007
Affiliate: Wisconsin
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09/27/2007
Sundstrom v. Frank - Plaintiffs' Surreply Brief in Opposition to Defendants' Motion for Partial Summary Judgment
Date Filed: 09/27/2007
Affiliate: Wisconsin
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09/22/2010
Fields v. Smith - Brief of the State - Defendants-Appellants, Cross Appellees
Date Filed: 09/22/2010
Affiliate: Wisconsin
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09/19/2007
Sundstrom v. Frank - Defendants' Reply Brief in Support of Motion for Partial Summary Judgment
Date Filed: 09/19/2007
Affiliate: Wisconsin
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08/30/2007
Sundstrom v. Frank - Plaintiffs' Brief in Opposition to Defendants' Motion for Partial Summary Judgment
Date Filed: 08/30/2007
Affiliate: Wisconsin
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08/05/2011
Fields v. Smith - Appeals court decision
Date Filed: 08/05/2011
Affiliate: Wisconsin
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07/31/2007
Sundstrom v. Frank - Defendants' Motion for Partial Summary Judgment
Date Filed: 07/31/2007
Affiliate: Wisconsin
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07/31/2007
Sundstrom v. Frank - Brief in Support of Defendants' Motion for Partial Summary Judgment
Date Filed: 07/31/2007
Affiliate: Wisconsin
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05/13/2010
Sundstrom v. Frank - Memorandum Decision
Date Filed: 05/13/2010
Affiliate: Wisconsin
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04/01/2010
Sundstrom v. Frank - Order
Date Filed: 04/01/2010
Affiliate: Wisconsin
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01/27/2006
Sundstrom v. Frank - Complaint
Date Filed: 01/27/2006
Affiliate: Wisconsin
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01/27/2001
Sundstrom v. Frank - Order Denying TRO and Granting Preliminary Injunction
Date Filed: 01/27/2001
Affiliate: Wisconsin
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01/26/2006
Sundstrom v. Frank - Plaintiffs' Emergency Motion for a TRO and Preliminary Injunction
Date Filed: 01/26/2006
Affiliate: Wisconsin
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01/23/2006
Sundstrom v. Frank - Brief in Support of Plaintiffs' Motion for TRO and Preliminary Injunction
Date Filed: 01/23/2006
Affiliate: Wisconsin
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01/10/2011
Fields v. Smith - Plaintiffs' Reply on Cross-Appeal
Date Filed: 01/10/2011
Affiliate: Wisconsin
Press Releases
Federal Court Upholds Transgender People’s Right to Access Medical Treatment in Prison
Federal Court Hears Arguments In Case Defending Transgender People’s Right To Access Medical Treatment in Prison
Wisconsin Federal Court Says Transgender People Must Be Allowed Medical Treatment In Prison
ÀÏ°ÄÃÅ¿ª½±½á¹û and Lambda Legal Challenge Law Barring Transgender People Access to Medical Treatment in Prison