Case: Blakeley v. Bergeson

01-02025 | Washington state trial court

Filed Date: Oct. 30, 2001

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On 10/30/2001, four offenders under the age of 18 housed in the Youthful Offender Program at Clallam Bay Corrections Center in Washington brought a class action suit in Washington state court, alleging that they were denied basic and special education services to which they were constitutionally entitled. Plaintiffs cited the Washington Supreme Court case Tunstall v. Bergeson, 141 Wn.2d 201 (2000) [PC-WA-0018 of our collection], which held that youth under the age of 18 incarcerated in DOC inst…

On 10/30/2001, four offenders under the age of 18 housed in the Youthful Offender Program at Clallam Bay Corrections Center in Washington brought a class action suit in Washington state court, alleging that they were denied basic and special education services to which they were constitutionally entitled. Plaintiffs cited the Washington Supreme Court case Tunstall v. Bergeson, 141 Wn.2d 201 (2000) [PC-WA-0018 of our collection], which held that youth under the age of 18 incarcerated in DOC institutions had a right to public education. Plaintiffs, represented by attorneys with the Columbia Legal Services Institutions Project, specifically alleged violations of the Washington State Constitution, §504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 and 42 U.S.C. §1983. They sought injunctive and declaratory relief, as well as compensatory damages.

Our information on the procedural history of the case is limited to the Thurston Superior Court Docket, which contains only abbreviated descriptions of case activity. From what we can discern, it appears that the parties conducted discovery and engaged in motion practice for a little over a year before the case was resolved. During that time, the Superior Court certified the case as a class action and ruled on various motions. For reasons that are not readily apparent, the plaintiffs voluntarily dismissed their special education claims.

The parties entered into a Settlement Agreement and Release, which was formally approved by the Superior Court (Judge Daniel J. Berschauer) in March, 2003. In the Agreement, the State agreed to provide specified educational services to youth offenders that were not in the general population, which included: offenders incarcerated in the Restricted Movement Pod (23 hour a day lock-down), those housed in the Intensive Management Unit and those placed on a Level One transition plan. Prior to the agreement, only offenders in general population had any real access to school services.

The case was dismissed on March 14, 2003 and we have no information that any further case activity occurred after that date.

Summary Authors

Dan Dalton (9/14/2007)

Related Cases

Tunstall v. Bergeson, Washington state trial court (1997)

People


Judge(s)

Berschauer, Daniel J. (Washington)

Attorneys(s) for Plaintiff

Arthur, Patricia J. (Washington)

Balson, Hank L. (Washington)

Tsai, Amy Chia-Mei (Washington)

Attorneys(s) for Defendant

Gregoire, Christine O. (Washington)

Kalzer, Karen A. (Washington)

Miller, Aileen B. (Washington)

Murphy, Carol A. (Washington)

Patterson, Michael A. (Washington)

Judge(s)

Berschauer, Daniel J. (Washington)

Attorneys(s) for Plaintiff

Arthur, Patricia J. (Washington)

Balson, Hank L. (Washington)

Tsai, Amy Chia-Mei (Washington)

Attorneys(s) for Defendant

Gregoire, Christine O. (Washington)

Kalzer, Karen A. (Washington)

Miller, Aileen B. (Washington)

Murphy, Carol A. (Washington)

Patterson, Michael A. (Washington)

Documents in the Clearinghouse

Document

01-02025

Docket (State Court) Listing of Parties

Oct. 31, 2001

Oct. 31, 2001

Docket

01-02025

Docket (State Court) Entries

March 14, 2003

March 14, 2003

Docket

01-02025

Complaint for Injunctive and Declaratory Relief and Compensatory Education

Oct. 1, 2001

Oct. 1, 2001

Complaint

01-02025

Release and Settlement Agreement

March 14, 2003

March 14, 2003

Settlement Agreement

Docket

Last updated Aug. 24, 2022, 3:04 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 30, 2001

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Class of youth under the age of 18 who currently are, or in the future will be, incarcerated under the jurisdiction of the Washington State Department of Corrections (DOC), to enforce their rights to basic and special education.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Cape Flattery School District, State

Washington Department of Corrections, State

Superintendent of Public Instruction, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2003 - None

Issues

General:

Education

Juveniles

Special education

Staff (number, training, qualifications, wages)

Affected Gender:

Male

Type of Facility:

Government-run