Claire, et al. v. Fla. Dep’t of Mgmt. Serv. et al

(N.D. Fla., J. Walker, 2020)

Plaintiffs Jami Claire, Kathryn Lane, and Ahmir Murphy are state employees who have been denied medically necessary treatment for gender dysphoria because of the state’s categorical exclusion of coverage for medically necessary gender-affirming care in health care plans provided to state employees. Some transgender people experience gender dysphoria, the medical diagnosis for the clinically significant distress sometimes resulting from the incongruence between a person’s gender identity and their sex assigned at birth. Left untreated, this serious medical condition often leads to debilitating distress, depression, anxiety, impairment of function, and self-harm, including suicide. The lawsuit alleges the State’s exclusion of medically necessary gender-affirming care in its employee health plans constitutes unlawful sex discrimination in violation of Title VII of the Civil Rights Act and the Fourteenth Amendment’s Equal Protection Clause. The Florida Department of Management Services is sued as the state agency responsible by law for establishing the terms, conditions, and criteria in the plans offered to state employees and intentionally procured health insurance plans with categorical exclusions for medically necessary gender-affirming care. Cross-summary judgment motions are pending. Co-counsel are ACLU of Florida, Legal Services of Greater Miami, and pro bono attorney Eric Lindstrom.

Resources

• Complaint (ECF 01)

• Answer to Complaint by Defendant DMS (ECF 18)

• Motion to Dismiss Plaintiffs’ Complaint by Defendant Andy Thomas (ECF 19)

• Motion to Dismiss Plaintiffs’ Complaint by Defendant University of Florida (ECF 20)

• Response in Opposition to Defendants’ Motions to Dismiss Plaintiffs’ Complaint (ECF 28)

• First Amended Complaint (ECF 34)

• Answer to First Amended Complaint by Defendant DMS (ECF 57)

• Motion to Dismiss Plaintiffs’ First Amended Complaint by Defendant University of Florida (ECF 58)

• Motion to Dismiss Plaintiffs’ First Amended Complaint by Defendants Florida Department of Corrections and Andy Thomas (ECF 59)

• Amended Motion to Dismiss Plaintiffs’ First Amended Complaint by Defendants Florida Department of Corrections and Andy Thomas (ECF 66)

• Response in Opposition to Motion to Dismiss Plaintiffs’ Amended Complaint (ECF 68)

• Order Granting Defendants’ Motions to Dismiss (ECF 95)

• Plaintiffs’ Motion for Partial Summary Judgment (ECF 123)

• Defendant Satter’s Motion for Summary Judgment (ECF 125)

• Defendant Department of Management Services’ Motion for Summary Judgment (ECF 126)

• Defendants’ Response in Opposition to Plaintiffs’ Motion for Partial Summary Judgment (ECF 135)

• Plaintiffs’ Response in Opposition to Defendant Department of Management Services’ Motion for Summary Judgment (ECF 136)

• Plaintiffs’ Response in Opposition to Defendant Satter’s Motion for Summary Judgment (ECF 137)

• Plaintiffs’ Reply to Defendants’ Response in Opposition to Plaintiffs’ Motion for Partial Summary Judgment (ECF 139)

• Defendant DMS’ Reply to Plaintiffs’ Response in Opposition to Defendants’ Motion for Summary Judgment (ECF 140)

• Defendant Satter’s Reply to Plaintiffs’ Response in Opposition to Defendants’ Motion for Summary Judgment (ECF 141)