Case: United States v. King County, Washington

2:09-cv-00059 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 15, 2009

Closed Date: Feb. 26, 2009

Clearinghouse coding complete

Case Summary

In October 2006, the Civil Rights Division of the U.S. Department of Justice, acting pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq., commenced an investigation into the conditions of confinement at the King County Correctional Facility ("KCCF"). During the course of this investigation, the DOJ conducted on-site inspections of the jail, held interviews with staff and prisoners, and reviewed numerous documents (including jail policies and procedu…

In October 2006, the Civil Rights Division of the U.S. Department of Justice, acting pursuant to the Civil Rights of Institutionalized Persons Act ("CRIPA"), 42 U.S.C. § 1997 et seq., commenced an investigation into the conditions of confinement at the King County Correctional Facility ("KCCF"). During the course of this investigation, the DOJ conducted on-site inspections of the jail, held interviews with staff and prisoners, and reviewed numerous documents (including jail policies and procedures, incident reports, investigative reports, prisoner grievances, and staff personnel files).

Upon completing its investigation, the DOJ issued a November 13, 2007 findings letter concluding that certain conditions at the jail violated the constitutional rights of prisoners. In particular, the DOJ found that prisoners were not adequately protected from harm in that they were at risk of physical attacks from inmates, the exercise of excessive force by staff, exposure to custodial sexual misconduct, and suicide. The DOJ also concluded that prisoners did not receive adequate medical care. In addition to listing the constitutional inadequacies, the findings letter also outlined numerous remedial measures which it suggested ought to be implemented at the jail in order to remedy these inadequacies.

On January 14, 2009, the United States filed a lawsuit in the U.S. District Court for the Western District of Washington under CRIPA, 42 U.S.C. § 1997, against King County to enjoin the County from depriving prisoners in KCCF of their Eighth and Fourteenth Amendment rights. The United States argued that the County failed to protect prisoners at KCCF from serious physical harm, custodial sexual misconduct, and self inflicted harm, and failed to provide adequate medical care.

On February 26, 2009, Judge Richard A. Jones issued an order granting the parties' joint motion for conditional dismissal, with two conditions. First, King County was ordered to comply with the terms agreed to by the parties in a memorandum of agreement. Second, the United States was permitted, for three years, to seek relief if King County failed to comply with the stipulated terms.

Summary Authors

Dan Dalton (11/30/2007)

Nate West (10/16/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/36620186/parties/united-states-v-king-county-washington/


Judge(s)

Jones, Richard A. (Washington)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Comisac, Rena J. (District of Columbia)

Delaney, Joshua (District of Columbia)

Harris, Kelly L. (Washington)

Mazor, Marina (District of Columbia)

Murphy, Amie S. (District of Columbia)

Sullivan, Jeffrey C. (Washington)

Weiss, Daniel H. (District of Columbia)

Judge(s)

Jones, Richard A. (Washington)

Attorneys(s) for Plaintiff

Becker, Grace Chung (District of Columbia)

Brown Cutlar, Shanetta Y. (District of Columbia)

Comisac, Rena J. (District of Columbia)

Delaney, Joshua (District of Columbia)

Harris, Kelly L. (Washington)

Mazor, Marina (District of Columbia)

Murphy, Amie S. (District of Columbia)

Sullivan, Jeffrey C. (Washington)

Weiss, Daniel H. (District of Columbia)

Attorneys(s) for Defendant

Gerberding, John M. (Washington)

Satterberg, Daniel T. (Washington)

Documents in the Clearinghouse

Document

2:09-cv-00059

Docket [PACER]

Aug. 13, 2009

Aug. 13, 2009

Docket

RE: King County Correctional Facility, Seattle, Washington

In re: DOJ CRIPA investigation of the King County Correctional Facility, Seattle, Washington

No Court

Nov. 13, 2007

Nov. 13, 2007

Findings Letter/Report
1

2:09-cv-00059

Complaint

Jan. 14, 2009

Jan. 14, 2009

Complaint
4

2:09-cv-00059

Joint Motion for Conditional Dismissal

U.S. v. King County

Jan. 15, 2009

Jan. 15, 2009

Pleading / Motion / Brief
7

2:09-cv-00059

Order

Feb. 26, 2009

Feb. 26, 2009

Order/Opinion

Memorandum of Agreement Between The United States Department of Justice and King County, Washington Concerning The King County Correctional Facility

No Court

None

None

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/36620186/united-states-v-king-county-washington/

Last updated July 29, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendants (NO Summons(es) issued)(Receipt # Fee Waived (USA)), filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(PM) (Entered: 01/16/2009)

Jan. 15, 2009

Jan. 15, 2009

Clearinghouse
2

Letter (CERTIFICATE OF THE ATTORNEY GENERAL) from Attorney General Michael B. Mukasey re 1 Complaint. (PM) (Entered: 01/16/2009)

Jan. 15, 2009

Jan. 15, 2009

PACER
3

NOTICE of Appearance by attorney Joshua C Delaney, Marina Mazor, Amie S. Murphy (not conditionally admitted) . on behalf of Plaintiff United States of America. (PM) Modified on 2/17/2009 (CL). (Entered: 01/16/2009)

Jan. 15, 2009

Jan. 15, 2009

PACER
4

JOINT MOTION FOR CONDITIONAL DISMISSALby Plaintiff United States of America, Defendants King County Washington, Ron Sims. (PM) (Additional attachment(s) added on 1/16/2009: # 1 Proposed Order) (PM). (Entered: 01/16/2009)

Jan. 15, 2009

Jan. 15, 2009

Clearinghouse

NOTICE of Docket Text Modification re 4 MOTION to Dismiss : Attached Proposed Order (PM)

Jan. 16, 2009

Jan. 16, 2009

PACER
5

NOTICE of Appearance by attorney John M Gerberding on behalf of Defendants King County Washington, Ron Sims. (Gerberding, John) (Entered: 01/23/2009)

Jan. 23, 2009

Jan. 23, 2009

PACER

Set Hearing: TELEPHONE CONFERENCE set for 2/19/2009 at 11:00 AM before Judge Richard A. Jones. (VE)

Feb. 13, 2009

Feb. 13, 2009

PACER
6

MINUTE ENTRY for proceedings held before Judge Richard A. Jones - Dep Clerk: Victoria Ericksen; Pla Counsel: Joshua Delaney, Kelly Harris, Daniel Weiss, Amie Murphy, Marina Mazor; Def Counsel: John Gerberding; CR: Barry Fanning; TELEPHONE CONFERENCE regarding the parties' Joint Motion for Conditional Dismissal held on 2/19/2009. The Court reserves ruling pending further input from the parties. (VE) (Entered: 02/19/2009)

Feb. 19, 2009

Feb. 19, 2009

PACER

Noting Date Set/Reset re 4 MOTION to Dismiss : Noting Date 3/9/2009. The parties shall submit further input on their joint motion to dismiss no later than March 9, 2009. (JJ)

Feb. 23, 2009

Feb. 23, 2009

PACER
7

ORDER by Judge Richard A Jones. The Court GRANTS 4 Joint Motion for Conditional Dismissal. This case is dismissed without prejudice.(CL) (Entered: 02/26/2009)

Feb. 26, 2009

Feb. 26, 2009

Clearinghouse
8

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Amie S. Murphy for Plaintiff United States of America. (Murphy, Amie) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

PACER

Case Details

State / Territory: Washington

Case Type(s):

Jail Conditions

Special Collection(s):

Prison Legal News

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 15, 2009

Closing Date: Feb. 26, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

King County (King), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

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:

Conditional Dismissal

Order Duration: 2009 - None

Issues

General:

Assault/abuse by staff

Conditions of confinement

Failure to supervise

Grievance Procedures

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run