United States District Court, D. South Dakota, Southern Division
ORDER GRANTING MOTION TO AMEND AND 1915A
E. SCHREIER UNITED STATES DISTRICT JUDGE
Jason/Jenna Hansen filed a pro se civil rights complaint
under 42 U.S.C. § 1983. Docket 1. This court granted
Hansen leave to proceed in forma pauperis. Docket 5. Hansen
filed a motion to amend his complaint Docket 11. Hansen's
motion to amend (Docket 11) is granted and the 1915A
screening will focus on Hansen's amended complaint
facts as alleged in the amended complaint are: Hansen was
born male and was named Jason Hansen. Docket 11-1 ¶ 26.
“[S]ince early childhood, she has believed she is a
female named Jenna, confined in a man's body.”
Id. She has “suffered from symptoms of Gender
Identity Disorder (GID) or Gender Dysphoria since she can
remember[.]” Id. ¶ 28. Hansen believes
her GID was caused from her being sexually abused as a child
and from being raped by her boss in 1996. Id.
was first incarcerated in 1998. Id. ¶ 27. She
has been requesting relief orally, by kites, and by the
prison's grievance process since 2000. Id.
¶ 39. She attempted suicide in 2009 and attempted
castration in 2014 and 2016. Id. ¶¶ 40,
41. In 2018, Hansen inflicted self-harm in hopes that it
would be a release from her depression. Id. ¶
2017, Cory Nelson, the Clinical Supervisor of the
Correctional Behavioral Health (BH), issued a report that
diagnosed Hansen with gender dysphoria. Id. ¶
43. The report shows that she met the criteria defining GID.
Id. Nelson knew about her requests to “
‘wear makeup, have hormones, and . . . talk to someone
regarding gender reassignment surgery.' ”
Id. Further, Nelson sent his report to the “
‘Department of Social Services (DSS), Asst. Director
Correctional Behavioral Health; DSS Behavioral Health
Division Director; Warden [of MDSP]; and Association Warden
(AW) [of MDSP].' ” Id. (alterations in
Osborne, Psychotherapist and Assistant Professor in the
Department of Psychiatry and Behavioral Sciences at John
Hopkins University evaluated her on October 29-30, 2018.
Id. ¶ 56. On June 12, 2019, Hansen received a
letter from Jenny England, Assistant Director of BH, that
stated “ ‘[t]hrough the evaluation you
participated in with the gender dysphoria consultant it was
determined that you met clinical criteria for gender
dysphoria.' ” Id. ¶ 75 (alteration in
original). Behavioral staff members Chris Turbak, Kayla
Tinker, and England denied Hansen access to the report that
was prepared by Osborne. Id. ¶ 56.
Department of Corrections (DOC) policy creates a
“Gender Non-Conforming Committee” (GNC), which
determines how the inmate is to be defined and how he/she
will be treated. Id. ¶ 34. The members of the
PREA [Prison Rape Elimination Act (PREA)] Compliance Manager,
Sam Badure; Director of Classification, Rick Leslie; Warden,
Robert Dooley/ Brent Fluke and Darin Young; PREA Coordinator,
Ken VanMeveren; Behavorial Health, Cory Nelson, Chris Turbak,
Kayla Thelen, Jenny England, and/or Tiffany Wolfgang; Health
Services, Heather Bowers; Facility PREA Investigator, Justin
Hawk or Cathy Wynia; Unit Manager, Nancy Christensen and Troy
Ellis; and Security, Justin Hawk or Cathy Wynia.
Id. ¶ 35. The GNC is required to meet when an
inmate identifies as transgender or “when she
‘has submitted a request concerning any issue which the
[GNC] has authority to take action on' . . . . which
include: medical screening, analysis of behavioral health,
refer to a consultant, separate showers . . . separate
searches, and other requested issues/complaints.”
Id. ¶ 36 (alteration in original). Hansen has
requested relief from the unit, BH staff at MDSP, and from
staff at SDSP through kites, oral requests, and the grievance
process. Id. ¶ 39.
did not receive responses to her 2018 requests for sports
bras, testosterone blockers, boxer briefs, and estrogen
pills. Id. ¶¶ 49-54. In February of 2019,
Hansen was “denied private showers, private searches,
and the use of an electric razor, after having identified
herself as transgender and therefore entitled because she
would otherwise suffer psychological harm.”
Id. ¶ 57. Hansen's request for permanent
body hair removal was also rejected. Id. ¶ 58.
March of 2019, Hansen's requests for private searches,
medication for hair growth, an electric razor, and private
showers were rejected by Derek Ekeren because she did not
submit the proper paperwork. Id. ¶ 59. Hansen
then complied with the proper form, but the requests were
still rejected because they exceeded the ten-day time limit.
Id. Hansen argues that requests for PREA
investigations are not subject to the same time restrictions
as the normal grievance process under the DOC policy.
Id. Hansen received a disciplinary report from
correctional officer, Derrick Godby, on April 9, 2019,
because she had a “ ‘home made (sic) tank top
[and] 2 pairs of home made (sic) underwear.' ”
Id. ¶ 61.
about April 18, 2019, Hansen met with Turbak from the BH
offices and requested the ability to possess the same items
as female prisoners. Id. ¶ 62. Turbak told
Hansen that there was no reference to Hansen's diagnosis
of gender dysphoria and it was not in her examination report
by Osborne. Id. Turbak told Hansen that England said
that Hansen was not allowed to access her mental health
repeatedly submitted kites and oral requests to Eilers,
Christensen, and Nelson to be allowed to wear makeup.
Id. ¶ 45. She received a response from
Christensen that was endorsed by Warden Robert Dooley, that
stated there was no BH order allowing Hansen to wear makeup.
Id. Hansen has been written-up multiple times for
wearing makeup. Id. ¶¶ 42, 46, 47. When
Hansen darkened her eyebrows, correctional officer Kelly
Tjeersdsma sanctioned her with a violation of V-16 and at the
hearing for the violation, unit coordinator Eilers sanctioned
Hansen with a fine. Id. ¶ 47. Rule V-16 states
that an inmate's “[c]onduct which disrupts or
interferes with the security or good order of the
institution; interfering with a staff member in the
performance of his/her duties” is considered a prison
violation. Docket 11-2 at 28.
18, 2018, Hansen requested a sports bra. Docket 11-1 ¶
54. She claims her informal resolution request (IRR) was
rejected by Eilers, and Christensen received the
administrative remedy request (ARR) a few days later.
Id. Hansen's requests for estrogen pills and
boxer briefs were allegedly responded to by Eilers and
Christensen. Id. ¶¶ 52, 53. On
April 30, 2019, Hansen attended sick call and requested
(1) estrogen meds; (2) testosterone blocker meds; (3) sports
bras; (4) boxer briefs; (5) makeup from [female] commissary;
(6) ‘GNC shower' in SHU; (7) single strip searches;
(8) body hair removal; (9) head hair regrowth hormones; ...