No. 11-7482.

708 F.3d 520 (2013)

Ophelia Azriel DE'LONTA, Plaintiff-Appellant, v. Gene JOHNSON, Director of VDOC; Fred Schilling, Director of Health Services for VDOC; Meredith R. Carey, Chief Psychiatrist for VDOC; Gary L. Bass, Chief of Operations, VDOC; W.P. ROGERS, Assistant Deputy Director of Operations, VDOC; Gerald K. Washington, Regional Director, Central Regional Office for the VDOC; Eddie Pearson, Warden of Powhatan Correctional Center, VDOC; Anthony Scott, Chief of Security at Powhatan Correctional Center; Robert L. Hulbert, PhD, Mental Health Director for the VDOC; Larry Edmonds, Warden, Buckingham Correctional Center, VDOC; Major C. Davis, Chief of Security of Buckingham Correctional Center; Lisa Lang, Staff Psychologist; Toney, Counselor at Buckingham Correctional Center; Lou Dixon, Registered Nurse Manager, Buckingham Correctional Center, Defendants-Appellees. DC Trans Coalition; American Civil Liberties Union; American Civil Liberties Union of Virginia, Incorporated, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 28, 2013.

Attorney(s) appearing for the Case

ARGUED: Bernadette Francoise Armand , Victor M. Glasberg & Associates, Alexandria, Virginia, for Appellant. Earle Duncan Getchell, Jr. , Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. ON BRIEF: Victor M. Glasberg , Victor M. Glasberg & Associates, Alexandria, Virginia, for Appellant. Kenneth T. Cuccinelli, II , Attorney General of Virginia, Michael H. Brady , Assistant Attorney General, Charles E. James, Jr. , Chief Deputy Attorney General, Wesley G. Russell, Jr. , Deputy Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees. Jeffrey Light , Law Office of Jeffrey Light, Washington, D.C., for DC Trans Coalition, Amicus Supporting Appellant. Joshua Block , American Civil Liberties Union Foundation, New York, New York; Rebecca K. Glenberg , American Civil Liberties Union of Virginia Foundation, Inc., Richmond, Virginia, for American Civil Liberties Union Inc., and American Civil Liberties Union of Virginia, Inc., Amici Supporting Appellant.

Reversed and remanded by published opinion. Judge DIAZ wrote the opinion, in which Judge MOTZ and Judge KING joined.


DIAZ, Circuit Judge:

Virginia inmate Ophelia Azriel De'lonta (born Michael A. Stokes) filed suit under 42 U.S.C. § 1983 claiming that prison officials denied her adequate medical treatment in violation of the Eighth Amendment. The district court dismissed the complaint for failure to state a claim. Because we conclude that De'lonta's complaint states a claim for relief that is plausible on its face...


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