Mitchell v. Wall, No. 15-1881 (7th Cir. 2015)
Annotate this CaseMitchell, physically a man, psychologically a woman, sought to compel her probation officers to alter conditions of her probation, by allowing her to reside with her family rather than in the men’s homeless shelter, allowing her to dress as a woman, and referring her to treatment programs for her gender dysphoria. The district court denied a preliminary injunction on grounds that she hadn’t complied with rules governing injunctive relief, that the requested injunctive relief was unrelated to the merits of her claims against prison doctors (the only claims that had survived screening of her complaint), and that she had failed to demonstrate either that she was likely to prevail on the underlying claims or would suffer irreparable harm if injunctive relief was denied. While the appeal was pending, Mitchell was returned to custody, after pleading guilty to theft, prostitution, and resisting an officer. The Seventh Circuit dismissed her appeal of denial of an injunction as moot. Mitchell still has claims pending against the doctors, unaffected by the denial of the preliminary injunction, and should she be released from jail during the litigation and again placed on probation she can renew her objections to the terms of her probation.
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