Case 3:18-cv-00550-NJR-RJD Document 45 Filed 07/17/18 Page 1 of 32 Page ID #626

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEON HAMPTON (M15934),

)
)
Plaintiff,
)
)
v.
)
)
ILLINOIS DEPARTMENT OF
)
CORRECTIONS DIRECTOR JOHN
)
BALDWIN, WARDEN KEVIN KINK,
)
WARDEN KAREN JAIMET, WARDEN
)
JOHN VARGA, OFFICER BURLEY,
)
LIEUTENANT GIVENS, OFFICER CLARK, )
OFFICER LANPLEY, OFFICER GEE,
)
INTERNAL AFFAIRS OFFICER
)
MANZANO, INTERNAL AFFAIRS
)
OFFICER BLACKBURN, LIEUTENANT
)
DOERING, SERGEANT KUNDE, and
)
JOHN DOES 1-4,
)
)
Defendants.
)

Case No. 18-cv-550
Judge Nancy J. Rosenstengel

JURY TRIAL DEMANDED

FIRST AMENDED COMPLAINT
Plaintiff Deon “Strawberry” Hampton, by her undersigned attorneys, for her complaint
against Illinois Department of Corrections Director John Baldwin, Warden Kevin Kink, Warden
Karen Jaimet, Warden John Varga, Officer Burley, Lieutenant Givens, Officer Clark, Officer
Lanpley, Officer Gee, Internal Affairs Officer Manzano, Internal Affairs Officer Blackburn,
Lieutenant Doering, Sergeant Kunde, and John Does 1-4, alleges as follows:
INTRODUCTION
1.

This action is brought pursuant to 42 U.S.C. § 1983 to redress the deprivation

under color of law of Plaintiff’s rights as secured by the First, Eighth, and Fourteenth
Amendments to the United States Constitution, and the Illinois Hate Crimes Act.

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2.

Plaintiff is a 27-year-old transgender woman who is currently housed at Dixon

Correctional Center (“Dixon”), a medium security men’s prison. Plaintiff began living as a girl
when she was five years old and has continued to live as a young woman throughout her
incarceration.
3.

Throughout her incarceration, Plaintiff has been improperly housed in men’s

prisons; as a result, she has been subjected to grave physical, mental, and emotional danger.
4.

Plaintiff has endured violent sexual and physical attacks and emotional abuse at

the hands of both staff and prisoners at four different men’s prisons in the last year and a half.
5.

Plaintiff was at Pinckneyville Correctional Center (“Pinckneyville”) for about ten

months before being transferred to Menard Correctional Center (“Menard”) in retaliation for
filing complaints against officers at Pinckneyville who sexually assaulted her and forced her to
have sex with her cellmate for their entertainment.
6.

For nearly five months while she was housed at Menard, officers constantly

verbally harassed Plaintiff and sexually and physically abused her—and had other detainees beat
her—both because of her gender and in retaliation for complaints she filed against officers at
Pinckneyville. While at Menard, Plaintiff filed a lawsuit against IDOC officials over this abuse.
Rather than defend the lawsuit, IDOC officials agreed to transfer Plaintiff from Menard to
Lawrence Correctional Center (“Lawrence”), a medium security men’s prison, on January 10,
2018. Plaintiff agreed to this settlement because she feared for her life at Menard.
7.

However, Plaintiff did not escape sexual harassment and physical abuse at

Lawrence. Officers, mental health staff, and other prisoners subjected her to constant sexual
harassment, including the use of derogatory names, as well as other verbal abuse and threats to
her physical safety. Officers at Lawrence beat her, and made it clear that they would not protect

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her from other prisoners who wished to harm her. On one occasion, officers failed to protect
Plaintiff from a prisoner on the yard who exposed his genitals to Plaintiff and threatened to rape
her.
8.

Plaintiff has been designated as Seriously Mentally Ill (“SMI”) by the Illinois

Department of Corrections (“IDOC”) mental health staff. Her mental health has rapidly
deteriorated as a result of the abuse she has suffered in IDOC custody.
9.

Due to the accumulation of false disciplinary tickets filed against her by the very

officers who abused her at Pinckneyville, Menard, and Lawrence, Plaintiff spent approximately
one year in segregation, where she was denied adequate mental health care. Placement in
segregation and the lack of mental health care caused Plaintiff’s mental health to further
deteriorate. At Lawrence, Plaintiff attempted suicide in her segregation cell multiple times.
10.

While still at Lawrence, Plaintiff filed the instant lawsuit and sought emergency

relief from this Court, in the form of a preliminary injunction. After filing the lawsuit, Plaintiff
was transferred to Dixon on March 16, 2018, and immediately placed in segregation.
11.

At Dixon, Plaintiff began receiving adequate mental health treatment while in

segregation. Once she was released from segregation, Plaintiff believed the changed
circumstances required that she withdraw her Motion for a Preliminary Injunction without
prejudice on June 8, 2018.
12.

As soon as Plaintiff withdrew her motion, Dixon staff escalated their verbal

harassment and began to consistently call her “fag,” “it,” “he-she,” and more. They made it clear
that they would not protect her from other prisoners at Dixon, and that they would do what they
could to get her transferred to a different men’s facility. Officers failed to protect Plaintiff from
two different prisoners who sexually assaulted her and threatened to rape her.

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13.

On June 26, 2018, Plaintiff received two false, retaliatory tickets from Dixon

officers, placing her back in segregation only one month after getting out. Plaintiff, tired of
fighting the system that degrades her and refuses to treat her as a woman, immediately attempted
suicide when placed back in segregation.
14.

Plaintiff’s physical and emotional well-being are in jeopardy at Dixon, and will be

in any men’s facility. As a transgender woman with mental health needs, Plaintiff is particularly
vulnerable in a men’s prison. Her vulnerability is exacerbated by the fact that her mental health
has deteriorated significantly during her time in segregation while officers at these various men’s
prisons are purposefully failing in their duty to protect her from harm and in fact are often
initiating the abuse because of their hatred and animus towards transgender women. Without
court action, IDOC will continue to shuffle Plaintiff from men’s facility to men’s facility where
she will continue to be in grave danger.
JURISDICTION AND VENUE
15.

This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1367.

16.

Venue is proper in this district under 28 U.S.C. § 1391(b) because the events

giving rise to the claims asserted in this complaint occurred in this judicial district.
PARTIES
17.

Plaintiff is, and has been at all relevant times, an Illinois Department of

Corrections prisoner. She is currently confined at Dixon Correctional Center in Dixon, Illinois.
18.

Defendant John Baldwin is the Director of the Illinois Department of Corrections

(“IDOC”). As such, he was acting under color of law. At all relevant times to the events at issue
in this case, Defendant Baldwin maintained administrative and supervisory authority over the
operations of all prisons in Illinois, including Lawrence and Dixon. At all relevant times,

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Defendant Baldwin promulgated rules, regulations, policies, and procedures of the IDOC.
Defendant Baldwin is sued in his official capacity.
19.

Defendant Kevin Kink is the Warden of Lawrence Correctional Center. At all

times relevant to the events at issue in this case, Defendant Kink was employed by the Illinois
Department of Corrections. As such, he was acting under color of law. At all times relevant to
the events at issue in this case, Defendant Kink promulgated rules, regulations, policies, and
procedures at Lawrence. Defendant Kink is responsible for supervising all staff and managing
all operations at Lawrence. He is sued in his individual capacity.
20.

Defendant Karen Jaimet is the Warden of Pinckneyville Correctional Center. At

all times relevant to the events at issue in this case, Defendant Jaimet was employed by the
Illinois Department of Corrections. As such, she was acting under color of law. At all times
relevant to the events at issue in this case, Defendant Jaimet promulgated rules, regulations,
policies, and procedures at Pinckneyville. Defendant Jaimet is responsible for supervising all
staff and managing all operations at Pinckneyville. She is sued in her individual capacity.
21.

Defendant John Varga is the Warden of Dixon Correctional Center. At all times

relevant to the events at issue in this case, Defendant Varga was employed by the Illinois
Department of Corrections. As such, he was acting under color of law. At all times relevant to
the events at issue in this case, Defendant Varga promulgated rules, regulations, policies, and
procedures at Dixon. Defendant Varga is responsible for supervising all staff and managing all
operations at Dixon. He is sued in his individual and official capacity.
22.

Defendants Officer Burley, Lieutenant Givens, Officer Clark, Officer Lanpley,

and John Does 1-4 are officers at Lawrence Correctional Center. At all times relevant to the
events at issue in this case, these defendants were acting under color of law and within the scope

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of their employment with the Illinois Department of Corrections. These defendants are sued in
their individual capacities.
23.

Defendants Officer Gee, Internal Affairs Officer Manzano, Internal Affairs

Officer Blackburn, Lieutenant Doering, and Sergeant Kunde are officers at Dixon Correctional
Center. At all times relevant to the events at issue in this case, these defendants were acting
under color of law and within the scope of their employment with the Illinois Department of
Corrections. These defendants are sued in their individual capacities.
FACTUAL ALLEGATIONS
Plaintiff is a Transgender Woman who has Suffered Persistent, Brutal Abuse in Men’s
Prisons
24.

Since the young age of five, Plaintiff has identified as a female. Her family and

her community also began treating her as a female at a young age.
25.

In 2012, Plaintiff was diagnosed with gender dysphoria by an IDOC psychiatrist.

26.

Throughout the years, Plaintiff took hormones intermittently to transition her

body from male to female. Plaintiff consistently began cross-sex hormone treatment in IDOC
custody in July 2016 while housed at Lawrence Correctional Center.
27.

From December 2016 to July 2017, Plaintiff’s lab levels showed that her

testosterone levels were dropping and her estrogen levels were increasing. By March 2017,
Plaintiff was no longer in the male range for testosterone levels and she was in the female range
for estrogen levels.
28.

Plaintiff’s recent lab results from January 2018 show that her testosterone levels

are currently at <3/ng/dL. The normal reference range for testosterone levels in males is 3001080 ng/dL. This means that Plaintiff can no longer obtain an erection and is therefore
chemically castrate and possibly permanently infertile.

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29.

Plaintiff is and has always been sexually attracted exclusively to men.

30.

Plaintiff first entered IDOC custody on her current sentence in April 2015.

Despite being a transgender woman, Plaintiff was placed in a men’s prison, Hill Correctional
Center, without receiving a formal, in-person review to determine whether she could be
appropriately placed in a women’s prison.
31.

Since entering IDOC custody, Plaintiff has exclusively been housed in men’s

prisons and has experienced persistent harassment and abuse by IDOC staff and prisoners
because of her transgender status and because she has been inappropriately housed in men’s
prisons.
32.

Plaintiff was housed in Pinckneyville from October 2016 to August 23, 2017.

While there, correctional officers sexually assaulted her on multiple occasions. For months,
officers forced Plaintiff to have sex with her cellmate for their entertainment. When she reported
this abuse, the officers retaliated by beating her and threatening to “bury her in segregation.”
The officers followed through on this threat by filing false disciplinary charges against her that
resulted in a prolonged sentence of segregation—she was placed in segregation on May 24,
2017, and remained in segregation until May 25, 2018. She was also transferred to Menard, a
high security men’s prison, as a result of these false charges.
33.

Plaintiff was housed in Menard from August 23, 2017, to January 10, 2018. The

abuse began immediately when Menard officers attacked her on the bus ride over to Menard.
While at Menard, officers beat her at least three more times. And on at least one occasion,
officers stood by and allowed another prisoner to beat Plaintiff in a holding cell in the infirmary.
The officers told her that the abuse and harassment was retaliation for the complaint she filed
against the officers at Pinckneyville.

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34.

The officers at Menard also subjected Plaintiff to constant verbal sexual

harassment because of her gender identity, and for weeks, forced her to perform sexually in her
cell for their entertainment—they forced her to expose her genitalia and breasts, touch herself
sexually, stick her finger in her anus, and move her body in sexually suggestive ways all while
they stood outside her cell door and watched.
35.

The officers at Menard, like those at Pinckneyville, attempted to cover up their

actions by giving Plaintiff false disciplinary tickets, which kept adding to her segregation time.
36.

While at Menard, Plaintiff filed a lawsuit against the IDOC and officers who were

abusing her. Pursuant to a settlement agreement reached in the lawsuit, Plaintiff was transferred
out of Menard to Lawrence on January 10, 2018, where she was immediately placed in
segregation.
Plaintiff Has Experienced and Continues to Experience
Sexual and Physical Abuse at Lawrence and Dixon
37.

Plaintiff was housed at Lawrence from January 10, 2018, to March 16, 2018.

While there, Plaintiff was subjected to sexual harassment and threats from both other prisoners
and correctional officers.
38.

Plaintiff was verbally harassed by officers at Lawrence, including the Defendant

Officers as well as Lieutenant Buchanan. The officers called her “gay,” “fag,” “thing,” and “it.”
Lieutenant Buchanan told her that she “is in a male facility” and is “still a man no matter what
you or media say.”
39.

On or around January 23, 2018, John Does 1-4 escorted Plaintiff to the yard for

her recreation time. While at the yard, another prisoner exposed his genitals to Plaintiff and
masturbated, all while threatening to rape her. John Does 1-4 did nothing to protect Plaintiff
from this prisoner. Plaintiff was terrified that this prisoner would follow through with this threat

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and so she reported his behavior and filed a PREA complaint. When she told officers about the
incident, some officers blamed Plaintiff, telling her that if she were not gay, none of this would
have happened.
40.

Prison officials eventually informed Plaintiff that video captured the prisoner

exposing himself to Plaintiff and therefore her PREA complaint was substantiated. However, the
prisoner received no punishment for this incident. IDOC officials then placed the assaultive
prisoner in a segregation cell close to Plaintiff’s. He told Plaintiff that he was only in
segregation for having contraband, and that Lieutenant Carry and the Adjustment Committee
dropped his disciplinary ticket and did not punish him for what he did to her because the staff at
Lawrence does not like her and does not want to protect her. Lieutenant Carry was overheard
talking about Plaintiff saying, “if she likes dick, why would she call PREA?”
41.

This prisoner continued to threaten Plaintiff with harm while she was at

Lawrence. Plaintiff lived in fear every day at Lawrence that this prisoner, or another prisoner,
would sexually and/or physically assault her because officers at Lawrence made it clear that they
would not punish prisoners for hurting Plaintiff.
42.

On or around February 18, 2018, Defendant Officer Burley came to Plaintiff’s

cell in Lawrence and asked her, “do you want to go to yard, fag?” Plaintiff asked Defendant
Officer Burley to stop speaking to her so disrespectfully and told him that she wanted to go to
yard.
43.

Defendant Officer Burley cuffed Plaintiff and he, along with Defendants

Lieutenant Givens, Officer Clark, and Officer Lanpley led Plaintiff and a few other prisoners
outside to the yard.
44.

Once they were at the yard, Plaintiff asked if she could do her recreation time in

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one of the cages so that she could be protected from other prisoners. As she was walking to the
cage, Defendant Officer Burley yanked her handcuffs and repeatedly slammed her face into the
bars of the cage, while kneeing her in the back.
45.

Defendants Lieutenant Givens, Officer Clark, and Officer Lanpley stood by and

watched while Defendant Officer Burley assaulted Plaintiff; they did not do anything to stop
Defendant Officer Burley.
46.

As a result of this assault, Plaintiff suffered many injuries, including a black eye,

a swollen face, and skin abrasions. She was treated by medical staff and kept overnight in the
medical unit because the medical staff believed it was not safe for her to go back to segregation.
Security staff took pictures of Plaintiff’s injuries.
47.

To cover up his actions, Defendant Officer Burley filed a disciplinary ticket

against Plaintiff for allegedly kicking him during the assault. Plaintiff did not kick Defendant
Officer Burley.
48.

Internal Affairs Officer Molenhour was responsible for investigating this use of

force incident. The day after the incident, IA Molenhour asked Plaintiff if she gave herself the
black eye and other injuries. He threatened to extend her out date if she did not give up her
complaint regarding this incident; he told her that if she gave up her complaint, he would give
her some good time back. IA Molenhour had told Plaintiff in the past that he would not
investigate any of her PREA complaints and that he would not interview any of her witnesses.
Plaintiff received one month additional segregation time and one month “C grade” privilege
restriction as a result of this incident.
49.

On or around February 21, 2018, after making a PREA complaint regarding the

harassment she had been experiencing at Lawrence, Officer Rue wrote Plaintiff a disciplinary

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ticket charging Plaintiff with sexual misconduct for allegedly playing with her breasts. Plaintiff
did not engage in any type of sexual misconduct.
50.

At her hearing on this ticket, Lieutenant Carry denied Plaintiff the opportunity to

contest the allegations and found her guilty of the charge. Plaintiff received three additional
months in segregation and three months of “C grade” privilege restriction as a result.
51.

Plaintiff feared for her life at Lawrence and faced serious physical and emotional

injury there.
52.

Plaintiff filed a number of grievances—including emergency grievances—

regarding the denial of access to mental health services in segregation and the physical and
sexual abuse she endured at Lawrence. Plaintiff sent her emergency grievances to Director John
Baldwin and to Warden Kevin Kink. On February 26, 2018, Plaintiff received a letter from
Director Baldwin’s office, stating that her grievance was improperly filed with the Director. On
February 27, 2018, Warden Kink returned her grievances, rejecting them as emergency
grievances and stating that she needed to file the grievances using the normal procedures.
53.

On March 8, 2018, Plaintiff filed the instant lawsuit and a Motion for a

Preliminary Injunction, seeking emergency relief from conditions arising out of her placement in
Lawrence, namely physical and sexual violence, unlawful discrimination, denial of mental health
care, and unlawful placement in segregation.
54.

On March 16, 2018, Plaintiff was transferred to Dixon and immediately placed in

segregation.
55.

On June 8, 2018, Plaintiff withdrew her Motion for a Preliminary Injunction after

beginning to receive adequate mental health treatment at Dixon and being released from
segregation.

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56.

Since arriving at Dixon, and particularly after withdrawing her Motion for

Preliminary Injunction, Plaintiff has been subject to assaults, harassment, and threats from both
other prisoners and correctional officers. Staff at Dixon have continuously failed to protect her
from other prisoners.
57.

Shortly after arriving at Dixon, one prisoner began sexually harassing Plaintiff.

While Plaintiff and other prisoners were on the yard, this prisoner sexually assaulted Plaintiff by
groping her breasts and exposing himself. Despite this, staff at Dixon did not do anything
proactive to protect Plaintiff. This prisoner was never disciplined for this incident and told
Plaintiff that the reason he received no punishment was because “IA does not like her.”
58.

For weeks from late May to early June, another prisoner sexually harassed and

assaulted Plaintiff by kissing her and groping her breasts and buttocks. He also repeatedly
threatened to rape her, stab her, and cause her physical harm. Upon information and belief,
despite Plaintiff filing complaints about his behavior, this prisoner was never disciplined for his
actions toward Plaintiff.
59.

Plaintiff lives every day in fear that these prisoners and others with sexually

and/or physically assault her because Dixon staff have made it clear that they will not protect
her.
60.

Dixon correctional and medical staff constantly call Plaintiff derogatory names

such as “faggot,” “it,” “he-she,” and more. A female officer told Plaintiff: “You’re not a real
woman like me . . . I don’t need surgery.” The verbal harassment escalated after Plaintiff
withdrew her Motion for a Preliminary Injunction.
61.

Plaintiff has filed multiple grievances (including emergency grievances) and

PREA complaints about the officers who are verbally sexually harassing her and about the

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prisoners who sexually assaulted her and threatened her. In late June, when Plaintiff tried to talk
to Assistant Warden Nicholas about filing another PREA complaint, Assistant Warden Nicholas
told her she was filing too many PREA complaints and refused to help.
62.

Staff have told Plaintiff that they do not appreciate that she writes complaints and

“makes work” for them and that they want her transferred out of Dixon. A mental health worker
told Plaintiff that Dixon staff was mistreating her and trying to ship her out because of her
“lifestyle.”
63.

On Friday, June 22, 2018, Plaintiff made another PREA complaint against

officers who were verbally sexually harassing her.
64.

On Tuesday, June 26, 2018, Officer Gee wrote Plaintiff a false disciplinary ticket

for allegedly fighting with another inmate—this is a complete fabrication. Officers allegedly
relied on information from “confidential sources” to justify this ticket, but Plaintiff was in her
cell with her cellmate at the time of the alleged incident and did not fight anyone.
65.

That morning, officers escorted Plaintiff to the Internal Affairs Office where she

met with Defendants Officer Gee, IA Officer Manzano, and IA Officer Blackburn. IA Officer
Manzano informed Plaintiff that she was being written up for an inmate assault and was going to
segregation. When Plaintiff proclaimed her innocence and asked for an investigation, IA Officer
Manzano responded that he was tired of her constantly filing complaints and that he was going to
do whatever he could “to try to ship [her] out of this joint.” The officers also threatened to give
her segregation for a year and take away more of her good-time credits.
66.

When Plaintiff begged the officers not to take her back to segregation and refused

to cooperate with the officers, Defendants Lieutenant Doering and Sergeant Kunde maced her in
the face repeatedly, while Officer Gee, IA Officer Manzano, and IA Officer Blackburn stood by

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and watched. While the officers were macing Plaintiff, she rolled up into a ball on the floor and
covered her face, struggling to breathe—she suffered a flashback to her prior abuse at
Pinckneyville and feared for her life, cried, and begged for help. IA Manzano responded to her
cries for help by saying, “no, this is what you get for filing complaints.” Plaintiff received a
second false disciplinary ticket for allegedly assaulting staff while they maced her. She received
a third disciplinary ticket for refusing to cooperate with the officers.
67.

Based on one or all of these tickets, Plaintiff was placed back in segregation on

Tuesday, June 26, 2018. Plaintiff does not know how long she will remain in segregation.
Plaintiff’s Mental Health Has Deteriorated in Segregation
68.

Plaintiff has spent over one year in segregation. When Plaintiff was first placed

in segregation back in May 2017, she was not properly classified as SMI—even though she met
IDOC’s criteria for SMI—and therefore no consideration was given to the impact segregation
would have on her mental health.
69.

On July 14, 2017, an IDOC psychiatrist diagnosed Plaintiff with Bipolar Disorder

and prescribed her Lithium. He also labeled her as SMI.
70.

While at Pinckneyville in August 2017, Plaintiff was served two disciplinary

reports that extended her segregation time. After each incident, mental health staff was
consulted and stated that placement in segregation would negatively impact Plaintiff’s mental
health. Yet the medical opinions of the mental health professionals were ignored and IDOC
security staff continued to leave Plaintiff in segregation.
71.

Despite being designated as SMI, Plaintiff’s mental health treatment plan was not

updated for months while she was in segregation at Pinckneyville and Menard. Her treatment
plan was finally updated in January 2018 when she was moved to Lawrence.

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72.

Before being placed in segregation, Plaintiff participated in psychosocial support

groups to help her deal with issues facing people with Gender Dysphoria, which she requires and
are necessary to treat Gender Dysphoria. However, while she was in segregation, Plaintiff was
denied these transgender support groups. IDOC staff at Dixon have informed her that she will
continue to be denied these transgender support groups for as long as she remains in segregation.
73.

Plaintiff did not receive appropriate mental health services while she was in

segregation at Pinckneyville, Menard, and Lawrence. Instead of receiving the required and
necessary enhanced mental health treatment to ameliorate the distress caused by being in
segregation, Plaintiff received less treatment.
74.

When Plaintiff first arrived at Lawrence, she attended mental health group

counseling. However, during a group session when she expressed her frustration with the
constant sexual harassment she experiences as a woman in a men’s prison, she was reprimanded
by the mental health counselors. After that session, the counselors prohibited her from going to
group for approximately one month. When she was finally allowed to go to group again, the
counselors continued to reprimand and verbally abuse her. The counselors called her derogatory
names and threatened her with harm—including more segregation time if she did not stop filing
PREA complaints.
75.

Mental Health Counselor Basnett at Lawrence repeatedly called Plaintiff a “fag,”

and told Plaintiff that she would “never be a real woman.” Counselor Basnett warned Plaintiff
that if she kept filing PREA complaints, she would “burry her in seg.” Counselor Basnett wrote
Plaintiff a ticket on February 7, 2018, falsely claiming that Plaintiff threatened her.
76.

Medical and security staff at Lawrence and Dixon constantly use male pronouns

instead of female pronouns when referring to and talking to Plaintiff. The pervasive and

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continual misgendering of Plaintiff is harmful to her mental health.
77.

While in segregation at Lawrence, Plaintiff was unable to have any contact with

her family, including her mother and siblings. She was not able to call her family members or
send mail out to her family. When her mother and brother attempted to visit her on her birthday
on February 16, 2018, the facility asserted that Plaintiff’s unit was on lock-down, and did not
allow the visit to proceed.
78.

For the most part while in segregation at Lawrence, Plaintiff was locked alone in

her cell for 24 hours a day—she was occasionally let out to shower. She was not allowed to go
the yard at Lawrence from February 18, 2018, until she was transferred, despite Department
rules requiring that all SMI prisoners in segregation be permitted at least six hours of yard per
week.
79.

As a result of her isolation, the verbal abuse, and lack of adequate mental health

treatment in segregation, Plaintiff’s mental health substantially deteriorated. She began
experiencing difficulty sleeping and had reoccurring panic attacks. She still suffers from
flashbacks to her sexual assault experiences at Pinckneyville, Menard, and Lawrence. She has
high anxiety and severe depression.
80.

Plaintiff began to experience periods of high blood pressure after her arrival at

Lawrence. Her high blood pressure is due to her anxiety arising out of her mistreatment at the
men’s prisons.
81.

Plaintiff also began to experience suicidal ideations as a result of her isolation and

untreated mental health needs. In early February 2018, while at Lawrence, Plaintiff attempted
suicide on at least four occasions by tying a sheet around her neck. One officer who found her
with a sheet around her neck told her to “stop being a cry baby diva.” After each suicide attempt

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at Lawrence, IDOC staff placed Plaintiff on crisis watch for one day and then returned her to her
segregation cell. But she received no counseling or any other mental health interventions.
82.

While Plaintiff was naked in the crisis cell at Lawrence, she was subjected to

extreme cold temperatures. The officers ignored her complaints about the cold temperatures and
kept the air conditioning on. As a result, Plaintiff became ill and developed a high fever, but
officers denied her access to medical treatment.
83.

Plaintiff repeatedly told the mental health counselors and security staff at

Lawrence that she was in emotional distress because of her placement in segregation, but they
refuse to provide her any treatment. Mental Health Counselor Gay told Plaintiff to “just tell her
lawyer.”
84.

Plaintiff saw a psychiatrist in the middle of February 2018, and she told him

everything that she had been experiencing and that she was having suicidal ideations. The
psychiatrist told her that he would follow up with the mental health staff to determine why she
was not receiving adequate care. She did not hear back from the mental health staff or the
psychiatrist regarding this issue.
85.

Plaintiff was in segregation for approximately one year between May 24, 2017,

and May 25, 2018. Plaintiff was then released from segregation at Dixon for approximately one
month, and then placed back in segregation on June 26, 2018.
86.

On June 26, 2018, after being placed back in segregation at Dixon, Plaintiff

attempted suicide by hanging. She twisted a sheet to make a rope, tied one end around her neck,
and the other around part of her bed to hang herself. Staff found her unconscious and dragged
her out of her cell, placing her under restraint until mental health staff arrived. She was put on
crisis watch.

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87.

While on crisis watch, Plaintiff was housed in a cell with mold and blood on the

walls. Upon information and belief, Plaintiff did not see or speak to the mental health counselors
that have been working with her since she arrived at Dixon, Jamie Weigand and Kim Hvarre,
while she was on crisis watch.
88.

On Friday, June 29, 2018, Plaintiff left crisis watch, but immediately thereafter

had a panic attack and was found trying to hang herself again. She was put back on crisis watch
until on or about July 2, 2018, when she was returned to segregation.
89.

In segregation, Plaintiff again will not have access to transgender support group.

90.

Plaintiff continues to feel unstable and experience suicidal ideations.

91.

The warden at every institution is responsible for approving placements in

segregation and has the authority to override any disciplinary sanction. Defendants Warden
Jaimet at Pinckneyville, Warden Kink at Lawrence, and Warden Varga at Dixon all approved
Plaintiff’s placement in segregation at their respective institutions. Despite being aware of
Plaintiff’s denial of access to adequate mental health services in segregation and her
deteriorating mental state in segregation, these Defendants refused to override her retaliatory
disciplinary infractions and remove her from segregation.
92.

On June 29, 2018, Plaintiff sent an emergency grievance to Warden Varga,

Director John Baldwin, and the Administrative Review Board, regarding her improper placement
in a men’s facility, the harassment and abuse she has endured at Dixon, the retaliatory discipline
she has received, and her deteriorating mental state in segregation. On July 16, 2018, Warden
Varga responded to Plaintiff’s emergency grievance and refused to provide her with any of the
relief she requested.

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Policy and Practice Allegations
93.

The pattern of abuse demonstrates that Plaintiff will endure cruel and unusual at

any IDOC men’s prison. Plaintiff believes that the only way she will be safe is if she is
transferred to a women’s prison. Plaintiff has repeatedly requested such transfer. The IDOC’s
Gender Identity Disorder Committee recently reviewed Plaintiff’s placement in a men’s prison
on April 10, 2018, and concluded that her placement is appropriate.
94.

According to the 2016 Prison Rape Elimination Act (“PREA”) reports of IDOC

facilities, there were no transgender prisoners in the two female prisons (Logan Correctional
Center and Decatur Correctional Center), and 28 transgender women housed throughout the 24
male prisons.
95.

Upon information and belief, there are still no transgender prisoners in the two

female prisons. All transgender prisoners are currently housed in male prisons where they are at
risk of being subjected to sexual and physical abuse.
96.

According to the National PREA Resource Center, “Being transgender is a known

risk factor for being sexually victimized in confinement settings. The [PREA] standard,
therefore, requires that facility, housing, and programming assignments be made ‘on a case-bycase basis.’ Any written policy or actual practice that assigns transgender or intersex inmates to
gender-specific facilities, housing units, or programs based solely on their external genital
anatomy violates the standard. A PREA-compliant policy must require an individualized
assessment. A policy must give ‘serious consideration’ to transgender or intersex inmates’ own
views with respect to safety. The assessment, therefore, must consider the transgender or
intersex inmate’s gender identity – that is, if the inmate self-identifies as either male or
female. A policy may also consider an inmate’s security threat level, criminal and disciplinary

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history, current gender expression, medical and mental health information, vulnerability to
sexual victimization, and likelihood of perpetrating abuse. The policy will likely consider
facility-specific factors as well, including inmate populations, staffing patterns, and physical
layouts. The policy must allow for housing by gender identity when appropriate.” National
PREA Resource Center (available at https://www.prearesourcecenter.org/node/3927).
97.

The IDOC has a de facto policy of housing transgender prisoners according to

their genitalia rather than making an individualized assessment as the PREA regulations require.
98.

According to a 2014 report issued by U.S. Department of Justice’s Bureau of

Justice Statics, almost 40% of transgender prisoners reported sexual victimization in state and
federal prisons—a rate that is ten times higher than for prisoners in general. U.S. Dep’t of
Justice, Bureau of Justice Statics, Sexual Victimization in Prisons and Jails Reported by Inmates,
2011-12, Supplemental Tables: Prevalence of Sexual Victimization Among Transgender Adult
Inmates, December 2014 (available at https//www.bjs.gov/content/pub/pdf/svpjri1112_st.pdf).
99.

“Transgender inmates who are assaulted or harassed are often placed in solitary

confinement, which, though intended for their protection, is in fact a severe punishment.
Isolation takes an enormous psychological toll on inmates, and can put them at increased risk of
assault by guards. It deprives them of access to group therapy and educational programs that
could improve employment prospects upon release.” Prisons and Jails Put Transgender Inmates
at Risk, The Editorial Board, The New York Times, Nov. 9, 2015 (available at
https://www.nytimes.com/2015/11/09/opinion/prisons-and-jails-put-transgender-inmates-atrisk.html).

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COUNT I – VIOLATION OF THE EQUAL PROTECTION CLAUSE
(Fourteenth Amendment Claim for Declaratory and Injunctive Relief under 42 U.S.C §
1983)
100.

Plaintiff repeats and realleges the preceding paragraphs as if fully set forth in this

101.

Count I is alleged against Defendant John Baldwin in his official capacity.

102.

Despite being a transgender woman, Plaintiff was immediately placed in a men’s

Count.

prison when she entered IDOC custody without any type of formal review on whether placement
in a women’s prison would be appropriate.
103.

The Gender Identity Disorder Committee has recently reviewed Plaintiff’s

placement and has concluded that she is appropriately placed in a men’s prison. IDOC staff has
refused to transfer Plaintiff to a women’s prison.
104.

By refusing to place Plaintiff in a woman’s prison, IDOC is discriminating against

Plaintiff on the basis of her gender identify in violation of the Equal Protection Clause of the
Fourteenth Amendment.
105.

Plaintiff seeks injunctive and declaratory relief against Defendant John Baldwin

in his official capacity to prevent the continued violation of her constitutional rights.
COUNT II – VIOLATION OF THE EQUAL PROTECTION CLAUSE
(Fourteenth Amendment Claim for Declaratory and Injunctive Relief under 42 U.S.C §
1983)
106.

Plaintiff repeats and realleges the preceding paragraphs as if fully set forth in this

107.

Count II is alleged against Defendants Director Baldwin and Warden Varga in

Count.

their official capacities.
108.

Since arriving at Dixon, staff have continually subjected Plaintiff to verbal sexual

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harassment due to her gender identity. The verbal harassment is so pervasive and ongoing that it
constitutes intentional discrimination on the basis of her gender identity. Plaintiff is subjected to
constant insults, threats, intimidation, and humiliation that male prisoners do not endure.
109.

Plaintiff seeks injunctive and declaratory relief against Defendants Director

Baldwin and Warden Varga in their official capacities to prevent the continued violation of her
constitutional rights.
COUNT III – FAILURE TO PROTECT
(Eighth Amendment Claim for Damages and Declaratory and Injunctive Relief under 42
U.S.C. § 1983)
110.

Plaintiff repeats and realleges the preceding paragraphs as if fully set forth in this

111.

Count III is alleged against Defendants John Does 1-4, Officer Burley, Lieutenant

Count.

Givens, Officer Clark, Officer Lanpley, Officer Gee, IA Officer Manzano, and IA Officer
Blackburn, as well as Defendants Director Baldwin and Warden Varga in their official
capacities.
112.

Under settled United States Supreme Court authority, and in accordance with the

Eighth Amendment, Plaintiff is entitled to be free from a known and substantial risk of serious
harm while in the custody of the State.
113.

The Defendants have been and continue to be deliberately indifferent to the

substantial risk of harm Plaintiff faces from both prison staff and other prisoners as a transgender
women in a men’s prison.
114.

Officers at Lawrence and Dixon are aware that other prisoners wish to harm

Plaintiff due to her gender identity, yet they disregard the substantial risk that Plaintiff will be
harmed by other prisoners by failing to take any measures to abate the risk, in violation of

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Plaintiff’s Eighth Amendment rights.
115.

John Does 1-4, knowing that Plaintiff was vulnerable to abuse and sexual assault,

escorted Plaintiff throughout Lawrence without ensuring her safety and protection from other
prisoners. These officers allowed Plaintiff to be subjected to harm by the prisoner on the yard
who exposed his genitals to Plaintiff and threatened to rape her. Additionally, prison officials
refused to punish that prisoner for causing Plaintiff harm.
116.

Through their actions and inactions, the Defendants have made it clear to Plaintiff

and to other prisoners that they will not protect Plaintiff from harm.
117.

Officers at Lawrence were also aware that some correctional officers wished to

harm Plaintiff due to her gender identity, yet they disregarded the substantial risk that Plaintiff
would be harmed by officers by failing to take any measures to abate the risk, in violation of
Plaintiff’s Eighth Amendment rights.
118.

Defendant Officer Burley used excessive force against Plaintiff while Defendants

Lieutenant Givens, Officer Clark, and Officer Lanpley stood by and watched without
intervening.
119.

Officers at Dixon, knowing that Plaintiff is vulnerable to abuse and sexual assault,

escort Plaintiff throughout Dixon without ensuring her safety and protection from other
prisoners. Officers at Dixon failed to protect Plaintiff from two prisoners: one who sexually
assaulted Plaintiff on the yard and exposed himself; another who, over the course of weeks,
repeatedly sexually assaulted Plaintiff and threatened her with rape and physical harm.
120.

Officers at Dixon, including Defendants Officer Gee, IA Officer Manzano, and IA

Officer Blackburn, further failed to protect Plaintiff by retaliating against her and threatening her
for making complaints, thereby effectively denying and restricting her ability to grieve the harm

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she is enduring.
121.

The actions of the individual Defendants were the direct and proximate cause of

the violations of Plaintiff’s constitutional rights and of the damages suffered by Plaintiff,
including bodily injury, pain, suffering, emotional distress, anguish, and humiliation.
122.

The individual Defendants’ above-described actions and omissions were

undertaken with malice and/or reckless disregard for Plaintiff’s clearly established constitutional
rights.
123.

Additionally, Plaintiff seeks injunctive and declaratory relief against Defendants

Director Baldwin and Warden Varga in their official capacities to prevent the continued violation
of her constitutional rights.
COUNT IV – CRUEL AND UNUSUAL PUNISHMENT
(Eighth Amendment Claim for Damages and Declaratory and Injunctive Relief under 42
U.S.C. § 1983)
124.

Plaintiff repeats and realleges the preceding paragraphs as if fully set forth in this

125.

Count IV is alleged against Defendants Warden Varga, Warden Kink, and

Count.

Warden Jaimet in their individual capacities, as well as Defendants Director Baldwin and
Warden Varga in their official capacities.
126.

Plaintiff has a right to be free from cruel and unusual punishment under the

Eighth Amendment.
127.

By housing Plaintiff in segregation, IDOC staff have imposed conditions on

Plaintiff that have exacerbated her serious mental health problems, leading to her suicide
attempts. Plaintiff’s placement in segregation constitutes cruel and unusual punishment.
128.

By placing and planning to keep Plaintiff in segregation for approximately one

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year, despite her deteriorating mental health, IDOC staff inflicted unnecessary and wanton pain
on Plaintiff without any legitimate penological purpose, in violation of Plaintiff’s Eight
Amendment rights.
129.

By approving Plaintiff’s placement in segregation and refusing to release her from

segregation, Warden Varga, Warden Kink, and Warden Jaimet knew of and disregarded a
substantial risk of serious harm to Plaintiff’s physical and mental health.
130.

The Defendants’ above-described actions and omissions were undertaken with

malice and/or reckless disregard for Plaintiff’s clearly established constitutional rights.
131.

The actions of the Defendants were the direct and proximate cause of the

violations of Plaintiff’s constitutional rights and of the damages suffered by Plaintiff, including
bodily injury, pain, suffering, emotional distress, anguish, and humiliation.
132.

Additionally, Plaintiff seeks injunctive and declaratory relief against Defendants

Director Baldwin and Warden Varga in their official capacities to prevent the continued violation
of her constitutional rights.
COUNT V – EXCESSIVE FORCE
(Eighth Amendment Claim for Damages under 42 U.S.C. § 1983)
133.

Plaintiff repeats and realleges the preceding paragraphs as if fully set forth in this

134.

Count V is against Defendants Officer Burley, Lieutenant Doering, and Sergeant

135.

The actions of Defendant Officer Burley described above on February 18, 2018,

Count.

Kunde.

constituted unreasonable and excessive force, without legal cause, in violation of Plaintiff’s
Eighth Amendment rights.
136.

The actions of Defendants Lieutenant Doering and Sergeant Kunde described

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above on June 26, 2018, constituted unreasonable and excessive force, without legal cause, in
violation of Plaintiff’s Eighth Amendment rights.
137.

The misconduct described in this Count was objectively unreasonable and was

undertaken intentionally, with malice and knowing disregard for Plaintiff’s clearly established
constitutional rights, and not for any legitimate penological purpose.
138.

The actions of Defendant Officer Burley were the direct and proximate cause of

the violations of Plaintiff’s constitutional rights and of the damages suffered by Plaintiff,
including bodily injury, pain, suffering, emotional distress, anguish, and humiliation.
Count VI – RETALIATION
(First Amendment Claim for Damages and Declaratory and Injunctive Relief under 42
U.S.C. § 1983)
139.

Plaintiff repeats and realleges the preceding paragraphs as if fully set forth in this

140.

Count VI is alleged against Defendants Officer Gee, IA Officer Manzano, and IA

Count.

Officer Blackburn, as well as Defendants Director Baldwin and Warden Varga in their official
capacities.
141.

As described in detail above, the individual Defendants have retaliated against

Plaintiff for exercising her constitutional right to report the sexual harassment and abuse she has
experienced and continues to experience, in violation of the First Amendment.
142.

The individual Defendants’ above-described actions were undertaken with malice

and/or reckless disregard for Plaintiff’s clearly established constitutional rights.
143.

As a direct and proximate result of the individual Defendants’ unconstitutional

conduct, Plaintiff suffered damages, including bodily injury, pain, suffering, emotional distress,
anguish, and humiliation.

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144.

Additionally, Plaintiff seeks injunctive and declaratory relief against Defendants

Director Baldwin and Warden Varga in their official capacities to prevent the continued violation
of her constitutional rights.
COUNT VII – AMERICANS WITH DISABILITIES ACT (“ADA”)
(ADA claim for Declaratory and Injunctive Relief)
145.

Plaintiff repeats and realleges the preceding paragraphs as if fully set forth in this

146.

Count VII is alleged against Defendants Director Baldwin and Warden Varga in

Count.

their official capacities.
147.

As described more fully in the proceeding paragraphs, Plaintiff is a qualified

person with a mental disability under the Americans with Disabilities Act and her disability is
known to the Defendants. IDOC staff has designated Plaintiff as SMI and has diagnosed her
with Gender Dysphoria and Bipolar Disorder.
148.

Defendants violated the ADA by discriminating against Plaintiff on the basis of

her Gender Dysphoria disability, as described more fully above.
149.

Defendants violated the ADA by failing to provide Plaintiff with reasonable

accommodations for her Gender Dysphoria disability. The Defendants have denied Plaintiff the
reasonable accommodation of a transfer to a woman’s prison.
150.

The Defendants violated the ADA by failing to provide Plaintiff with reasonable

accommodations for her mental disability. The conditions in segregation are worsening her
mental disability. Thus, the Defendants must accommodate Plaintiff’s mental disability by
finding alternate ways to punish Plaintiff that do not involve segregation and that do not
adversely affect her mental disability.
151.

Plaintiff seeks injunctive and declaratory relief against Defendants Director

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Baldwin and Warden Varga in their official capacities to prevent the continued violation of her
rights under the ADA.
COUNT VIII – UNLAWFUL POLICY AND PRATICE
(Monell Claim for Declaratory and Injunctive Relief under 42 U.S.C. § 1983)
152.

Plaintiff repeats and realleges the preceding paragraphs as if fully set forth in this

153.

Count VIII is alleged against Defendants Director Baldwin and Warden Varga in

Count.

their official capacities.
154.

The actions of the individual Defendants were undertaken pursuant to policies,

practices, and customs of the Illinois Department of Corrections, described above and below,
which were ratified by policymakers for the Illinois Department of Corrections with final
policymaking authority.
155.

At all times material to this complaint, the Illinois Department of Corrections has

interrelated de facto policies, practices, and customs related to transgender prisoners which
included, inter alia:
(a) improperly housing transgender women prisoners in male prisons instead of
the female prisons;
(b) failing to properly train IDOC employees on how to care for and interact with
transgender prisoners;
(c) condoning a culture of harassment and abuse of transgender prisoners in
IDOC prisons;
(d) failing to adequately investigate complaints by transgender prisoners related
to allegations concerning PREA and other wrongdoing on the part of
correctional officers.

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156.

According to the 2016 PREA reports of IDOC facilities, there were no

transgender prisoners in the two female prisons (Logan Correctional Center and Decatur
Correctional Center), and 28 transgender women housed throughout the 24 male prisons.
157.

Upon information and belief, there are still no transgender prisoners in the two

female prisons. All transgender prisoners are currently housed in male prisons where they are at
risk of being subjected to sexual and physical abuse.
158.

The interrelated policies, practices, and customs alleged above were well known

within the Illinois Department of Corrections. During the relevant time period, Defendants
Director Baldwin and Warden Varga had notice of these widespread practices by employees at
the IDOC, and in particular at Lawrence.
159.

The widespread practices were allowed to flourish—and become so well settled

as to constitute de facto policy of the IDOC—because governmental policymakers and authority
over the same, namely, Defendants Baldwin and Varga, exhibited deliberate indifference to the
problem, thereby effectively ratifying it.
160.

The interrelated policies, practices, and customs alleged above were the direct and

proximate cause of the unconstitutional acts committed by the Defendants and the injuries
suffered by Plaintiff.
161.

Plaintiff seeks injunctive and declaratory relief against Defendants Baldwin and

Varga in their official capacities to prevent the continued violation of her constitutional rights
and the rights of other transgender women in IDOC custody.
COUNT IX – ILLINOIS HATE CRIMES ACT
(State law claim for Damages and Injunctive Relief)
162.

Plaintiff repeats and realleges the preceding paragraphs as if fully set forth in this

Count.

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163.

Count IX is alleged against Defendant Officer Burley, as well as Defendants

Director Baldwin and Warden Varga in their official capacities.
164.

The Illinois Hate Crimes Act states, in relevant part, that “[i]ndependent of any

criminal prosecution” victims of hate crimes “may bring a civil action for damages, injunction or
other appropriate relief.” 720 ILCS 5/12-7.1(c).
165.

A person commits a hate crime when “by reason of the actual or perceived . . .

gender [or] sexual orientation . . . regardless of the existence of any other motivating factor or
factors,” he or she commits various offenses, including, inter alia, assault, battery, mob action,
and disorderly conduct. 720 ILCS 5/12-7.1(a).
166.

Defendant Officer Burley committed a hate crime against Plaintiff by physically

assaulting her due to her gender and sexual orientation.
167.

As a result of Defendant Officer Burley’s actions, Plaintiff suffered damages,

including bodily injury, pain, suffering, emotional distress, anguish, and humiliation.
168.

Additionally, Plaintiff seeks injunctive and declaratory relief against Defendants

Director Baldwin and Warden Varga in their official capacities to prevent the continued violation
of her rights under the Illinois Hate Crimes Act.
COUNT X – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
(State law claim for Damages)
169.

Plaintiff repeats and realleges the preceding paragraphs as if fully set forth in this

170.

Count X is alleged against all the individual Defendants.

171.

The individual Defendants’ conduct described above was extreme and outrageous.

Count.

The Defendants’ actions were rooted in an abuse of power and authority, and were undertaken
with the intent to cause, or were in reckless disregard of the probability that their conduct would

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cause, severe emotional distress to Plaintiff.
172.

As a direct and proximate result of the Defendants’ actions, Plaintiff suffered and

continues to suffer severe emotional distress.
REQUEST FOR RELIEF
WHEREFORE, Plaintiff Deon “Strawberry” Hampton requests that this Court enter
judgment in her favor against the Defendants in the following manner:
1.

Adjudge and declare that the policies, practices, and conduct described in this

Complaint are in violation of the rights of Plaintiff under the First, Eighth, and Fourteenth
Amendments to the United States Constitution, as well as her rights under the Illinois Hate
Crimes Act.
2.

Enjoin the Defendants from subjecting Plaintiff to the unlawful policies, practices,

and conduct described in this Complaint.
3.

Order that Plaintiff be transferred out of Dixon Correctional Center to Logan

Correctional Center, the female prison, and placed in general population.
4.

Order further injunctive relief necessary to address the ongoing violations

suffered by Plaintiff.
5.

Retain jurisdiction of this case until such time as the Defendants have fully

complied with all orders of the Court, and there is reasonable assurance that the Defendants will
continue to comply in the future with these orders.
6.

Award Plaintiff compensatory and punitive damages.

7.

Award Plaintiff reasonable attorneys’ fees, costs, and expenses pursuant to 42

U.S.C. § 1988.

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8.

Award Plaintiff such other and further relief as this Court may deem appropriate

and just.
JURY DEMAND
Plaintiff demands trial by jury.

Dated: July 17, 2018
Respectfully submitted,
DEON “STRAWBERRY” HAMPTON
By: /s/ Vanessa del Valle
One of her attorneys
Sheila A. Bedi
Vanessa del Valle
Roderick and Solange MacArthur Justice Center
Northwestern Pritzker School of Law
375 East Chicago Avenue
Chicago, IL 60611
(312) 503-1271
sheila.bedi@law.northwestern.edu
vanessa.delvalle@law.northwestern.edu
Alan Mills
Uptown People’s Law Center
4413 N. Sheridan
Chicago, IL 60640
(773) 769-1411
alan@uplcchicago.org

CERTIFICATE OF SERVICE
The undersigned, an attorney, certifies that she served the foregoing document upon all
persons who have filed appearances in this case via the Court’s CM/ECF system on July 17,
2018.
/s/ Vanessa del Valle
32