Ct. of Appeals dismissed as moot plaintiff’s appeal of order denying her request for preliminary injunction in section 1983 action alleging that defendants-prison doctors and probation officers were deliberately indifferent to her need for psychological and hormonal therapy for her gender dysphoria condition by prohibiting her from moving from men’s homeless shelter to her mother’s house and from dressing as woman in public. Record showed that plaintiff was now back in custody on unrelated theft and prostitution charges, and thus could not seek modification of her probation while incarcerated. Moreover, because decision on preliminary injunction has no preclusive effect on decision to issue permanent injunction, there was no need to vacate underlying order denying preliminary injunction upon order becoming moot, and Ct. noted that plaintiff had otherwise waived any right to seek said vacatur.
Federal 7th Circuit Court
Civil Court
Section 1983 Action