From Judge Scott Rash (D. Ariz.) Monday in Fly v. Diaz:
As relevant here, in the First Amended Complaint, Plaintiff asserted claims of sexual assault, threat to safety, and equal protection based on events that occurred while she was in custody at the United States Penitentiary (USP)-Tucson. {Plaintiff identifies as transgender and is also known as Toni Fly. The Court will use feminine pronouns to refer to Plaintiff.}
In Count One, Plaintiff alleged Defendants Campbell, Vasquez, and Christiansen used excessive force against her. In Count Three, Plaintiff alleged Defendants Vasquez, Gutierrez, and Wade failed to protect her from an imminent threat of assault. In Count Five, Plaintiff alleged Defendants treated her differently; placed her at risk of sexual abuse, sexual and physical assault, sexual harassment, and rape; and denied her medical treatment, access to administrative remedies and the courts, due process, equal protection, and security in her person solely because of her transgender status. Plaintiff claimed she had been denied medical care and a safe housing assignment at a female facility because she is transgender. Plaintiff alleged she had been denied medically necessary "social role transition therapy," including gender affirming surgery, as well as assignment to a female facility for her health and safety.
In her Motion for Temporary Restraining Order, Plaintiff sought an order requiring Defendants to: immediately provide all "gender confirmation surgeries"; immediately transfer and place Plaintiff in a female housing unit or facility with non-violent females; immediately restore Plaintiff to a single cell; restore all Plaintiff's medical treatments; restore all medical duty status accommodations and medications; restore all email, telephone, visit, and postal correspondence privileges to Plaintiff; provide all "social role" transition therapy; stop the abuse, harassment, mutilation, and rape of Plaintiff; keep Plaintiff separate from all male prisoners and staff; and stop obstructing Plaintiff's mail correspondence. In addition, Plaintiff sought an order barring Defendants from ever placing Plaintiff in a Special Housing Unit, Special Management Unit, or Administrative Maximum cell, or any USP, Federal Correctional Institution (FCI) medium, or FCI low custody facility for male prisoners….
The court rejects the claim (for more, read the opinion), but also has this to say about plaintiff's motion to seal:
