Case: Peralez v. Washington State Department of Corrections

3:06-cv-05625 | U.S. District Court for the Western District of Washington

Filed Date: Oct. 26, 2006

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 26, 2006, Plaintiff, a disabled former prisoner in the Washington State Department of Corrections, filed a complaint in the United States District Court for the Western District of Washington under the Americans With Disabilities Act , the Rehabilitation Act of 1973, and 42 U.S.C. § 1983 against the Washington State Department of Corrections (DOC). The Plaintiff, represented by private counsel, asked the Court for damages and for class certification for all similarly situated disabl…

On October 26, 2006, Plaintiff, a disabled former prisoner in the Washington State Department of Corrections, filed a complaint in the United States District Court for the Western District of Washington under the Americans With Disabilities Act , the Rehabilitation Act of 1973, and 42 U.S.C. § 1983 against the Washington State Department of Corrections (DOC). The Plaintiff, represented by private counsel, asked the Court for damages and for class certification for all similarly situated disabled prisoners, alleging that the DOC discriminates against prisoners with disabilities. Specifically, the Plaintiff claimed that a scoring system that the DOC used to determine whether a prisoner qualified for work release discriminated against prisoners with physical and mental disabilities by barring them from participating in the program because of their disability.

On August 10, 2007, the court approved certification of the class. The class included all disabled prisoners or former prisoners of the DOC who, since October 30, 2003, have been partially or wholly denied participation in the work release program because of a disability, and whose claim is limited to no more than 180 days of lost wages from the alleged discrimination. The plaintiff moved for partial summary judgment stating that the DOC's systems of scoring inmates for work release based on disabilities violates the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.

On January 8, 2008, the court granted plaintiff's motion for summary judgment stating that to the extent that the DOC utilizes a practice of scoring prisoners according to a numerical profiling system based on physical abilities and uses that score as a motivating factor to exclude otherwise eligible disabled prisoners from the work release program violates the Americans with Disabilities Act and the Rehabilitation Act of 1973. The court also amended the class to limit class members to disabled prisoners of the DOC who have been wholly or partially denied participation in the DOC work release program, provided a specific score was a motivating factor in determining the work release denial.

A settlement agreement was filed with the court and approved on May 12, 2008. The plaintiff agreed to dismiss the action and that the settlement resolves any potential claims by class members relating to the allegation that they were denied the right to participate in work release because of a disability. The DOC denied any liability in discriminating against disabled prisoners, but as a result of the action, the DOC voluntarily underwent a significant effort to alter and revise various policies and procedures and has taken other steps designed to minimize the future potential for discriminating against disabled persons in connection with work release. The DOC agreed to pay named Plaintiff $30,000 for his contributions towards the action. The DOC also agreed to pay each class member $1,800 (for a total class settlement of $298,800) and to separately pay attorneys fees.

Summary Authors

Ashley Grolig (9/26/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4780116/parties/peralez-v-washington-department-of-corrections/


Judge(s)

Arnold, J. Kelley (Washington)

Attorneys(s) for Plaintiff

Budge, Edwin S. (Washington)

Heipt, Erik J. (Washington)

Attorneys(s) for Defendant

Jobson, Mark Conlin (Washington)

McKenna, Robert M. (Washington)

Judge(s)

Arnold, J. Kelley (Washington)

Attorneys(s) for Plaintiff

Budge, Edwin S. (Washington)

Heipt, Erik J. (Washington)

Attorneys(s) for Defendant

Jobson, Mark Conlin (Washington)

McKenna, Robert M. (Washington)

Documents in the Clearinghouse

Document

Docket

Peralez v. Washington Department of Corrections

March 11, 2010 Docket
1

Class Action Complaint

Peralez v. Washington Department of Corrections

Oct. 30, 2006 Complaint
6

Defendant's Answer to Plaintiffs' Class Action Complaint

Peralez v. Washington Department of Corrections

Nov. 22, 2006 Pleading / Motion / Brief
33

Order Granting Plaintiffs' Motion for Class Certification

Aug. 10, 2007 Order/Opinion
42

Plaintiffs' Motion for Partial Summary Judgment

Peralez v. Washington Department of Corrections

Nov. 29, 2007 Pleading / Motion / Brief
56

Order

Peralez v. Washington Department of Corrections

Jan. 8, 2008 Order/Opinion
59

Settlement Agreement

Peralez v. Washington Department of Corrections

May 12, 2008 Settlement Agreement
77

Stipulation and Order Granting Final Approval to Class Action Settlement

Peralez v. Washington Department of Corrections

Aug. 5, 2008 Order/Opinion
83

Stipulation and Order of Dismissal as to Defendants State of Washington Department of Corrections

Oct. 29, 2008 Order/Opinion
87

Defendants' Final Report to the Court

March 11, 2010 Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4780116/peralez-v-washington-department-of-corrections/

Last updated May 19, 2022, 9:22 p.m.

ECF Number Description Date Link
1

COMPLAINT against defendant(s) all defendants (Summons(es) issued) (Receipt # S4926), filed by Rickey Peralez. (Attachments: # 1 Civil Cover Sheet)(RM, ) (Entered: 10/31/2006)

Oct. 26, 2006 PACER
2

MINUTE ORDER REFERRING CASE to Judge Karen L Strombom (RM, ) (Entered: 11/01/2006)

Nov. 1, 2006 PACER
3

NOTICE of Appearance by attorney Mark Conlin Jobson on behalf of Defendants Jean Stewart, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan (Jobson, Mark) (Entered: 11/13/2006)

Nov. 13, 2006 PACER

Referral of case to United States Magistrate Judge Karen L Strombom docketed in error. Case correctly assigned to United States District Judge Franklin D Burgess for all further proceedings.(RM, )

Nov. 14, 2006 PACER
4

MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS (RM, ) (Entered: 11/16/2006)

Nov. 16, 2006 PACER
5

MINUTE ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT FRCP 26f Conference Deadline is 2/23/2007.Initial Disclosure Deadline is 3/9/2007. Joint Status Report due by 3/16/2007; (RM, ) (Entered: 11/16/2006)

Nov. 16, 2006 PACER
6

ANSWER to Complaint with JURY DEMAND by Jean Stewart, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan.(Jobson, Mark) (Entered: 11/22/2006)

Nov. 22, 2006 PACER
7

ACCEPTANCE OF SERVICE of summons and complaint by counsel on behalf of Defendants Jean Stewart, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan on 11-27-2006. (Budge, Edwin) (Entered: 11/30/2006)

Nov. 30, 2006 PACER
8

NOTICE of Unavailability of counsel Mark Conlin Jobson for Defendants Jean Stewart, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan from 12/22/06 - 1/2/07 to 2/3/07 - 2/13/07 (Jobson, Mark) (Entered: 12/14/2006)

Dec. 14, 2006 PACER
9

INITIAL DISCLOSURES Filed by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan.(Jobson, Mark) (Entered: 03/09/2007)

March 9, 2007 PACER
10

JOINT STATUS REPORT signed by all parties; estimated Trial Days: 10.. (Heipt, Erik) (Entered: 03/15/2007)

March 15, 2007 PACER
11

ORDER ON CONSENT to proceed before a Magistrate Judge; Case reassigned to Judge J. Kelley Arnold for all further proceedings; by Judge Franklin D. Burgess. (RM, ) (Entered: 03/19/2007)

March 19, 2007 PACER
12

Stipulated MOTION and Proposed Order to Extend Class Certification Motion Deadline by Plaintiff Rickey Peralez. Noting Date 3/22/2007.(Heipt, Erik) (Entered: 03/22/2007)

March 22, 2007 PACER
13

STIPULATED MOTION & ORDER to extend class certification motion deadline from 4/24/07 to 5/24/07 by Judge J. Kelley Arnold. (TW, ) (Entered: 03/24/2007)

March 23, 2007 RECAP

Class certification motion deadline NOTED on motion calendar;Noting Date 5/24/2007. (TW, )

March 23, 2007 PACER
14

Stipulated MOTION and Order to Extend Class Certification Motion Deadline by Plaintiff Rickey Peralez. Noting Date 5/14/2007.(Heipt, Erik) (Entered: 05/14/2007)

May 14, 2007 PACER
15

ORDER granting 14 Stipulated Motion to Extend Class Certification Motion Deadline by Judge J. Kelley Arnold. Deadline extended from 5/24/07 to 6/15/07.(KAM, ) (Entered: 05/16/2007)

May 16, 2007 PACER

Noting Date reset re Class certification motion deadline: New Noting Date 6/15/2007 (per Doc #15). (KAM, )

May 16, 2007 PACER
16

MOTION to Certify Class by Plaintiff Rickey Peralez. (Attachments: # 1 Proposed Order)Noting Date 6/29/2007.(Heipt, Erik) (Entered: 06/14/2007)

June 14, 2007 PACER
17

MOTION to Compel Responses to Written Discovery by Plaintiff Rickey Peralez. (Attachments: # 1 Proposed Order)Noting Date 6/29/2007.(Heipt, Erik) (Entered: 06/14/2007)

June 14, 2007 PACER
18

DECLARATION of Edwin S. Budge filed by Plaintiff Rickey Peralez re 16 MOTION to Certify Class, 17 MOTION to Compel Responses to Written Discovery (Heipt, Erik) (Entered: 06/14/2007)

June 14, 2007 PACER
19

DECLARATION of Rickey Peralez filed by Plaintiff Rickey Peralez re 16 MOTION to Certify Class, 17 MOTION to Compel Responses to Written Discovery (Attachments: # 1 Pages 32-61 of Declaration of Rickey Peralez)(Heipt, Erik) (Entered: 06/14/2007)

June 14, 2007 PACER
20

DECLARATION of Erik J. Heipt in Support of Motion for Class Certification and Motion to Compel Responses to Written Discovery filed by Plaintiff Rickey Peralez re 16 MOTION to Certify Class, 17 MOTION to Compel Responses to Written Discovery (Attachments: # 1 Pages 103-153 from Declaration of Erik J. Heipt)(Heipt, Erik) (Entered: 06/14/2007)

June 14, 2007 PACER
21

STIPULATION AND PROPOSED ORDER Re-Noting Plaintiff's Motions Re: Class Certification and Motion to Compel Discovery by parties re 16 MOTION to Certify Class, 17 MOTION to Compel Responses to Written Discovery. (Jobson, Mark) (Entered: 06/15/2007)

June 15, 2007 PACER
22

STIPULAITON and ORDER Re-Noting Plaintiff's 17 MOTION to Compel Discovery and 16 MOTION to Certify Class : New Noting Date is 7/6/2007. Signed by Judge J. Kelley Arnold.(PL, ) (Entered: 06/21/2007)

June 21, 2007 PACER
23

RESPONSE, by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan, to 17 MOTION to Compel Responses to Written Discovery. (Attachments: # 1 # 2 # 3 # 4 # 5)(Jobson, Mark) (Entered: 07/02/2007)

July 2, 2007 PACER
24

RESPONSE, by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan, to 16 MOTION to Certify Class. (Attachments: # 1 Declaration of Mark Jobson# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Delcambre Declaration# 6 May Declaration# 7 Exhibit 1# 8 Exhibit 2# 9 Stern Declaration# 10 Stewart Declaration# 11 Exhibit 1# 12 Exhibit 2# 13 Exhibit 3# 14 Trogdon-Oster Declaration# 15 Exhibit 1)(Jobson, Mark) (Entered: 07/02/2007)

July 2, 2007 PACER
25

PROPOSED ORDER (Unsigned) re 17 MOTION to Compel Responses to Written Discovery (Revised Proposed Order) (Heipt, Erik) (Entered: 07/06/2007)

July 6, 2007 PACER
26

PROPOSED ORDER (Unsigned) re 16 MOTION to Certify Class (Proposed Order) (Heipt, Erik) (Entered: 07/06/2007)

July 6, 2007 PACER
27

REPLY, filed by Plaintiff Rickey Peralez, TO RESPONSE to 17 MOTION to Compel Responses to Written Discovery (Heipt, Erik) (Entered: 07/06/2007)

July 6, 2007 PACER
28

REPLY, filed by Plaintiff Rickey Peralez, TO RESPONSE to 16 MOTION to Certify Class (Heipt, Erik) (Entered: 07/06/2007)

July 6, 2007 PACER
29

ORDER Setting Oral Argument on Motions 16 MOTION to Certify Class, and 17 MOTION to Compel Responses to Written Discovery: Motion Hearing set for 8/9/2007 at 09:30 AM in D Courtroom before Hon. J. Kelley Arnold. by Judge J. Kelley Arnold. (AS, ) (Entered: 07/11/2007)

July 11, 2007 PACER
30

STIPULATION AND PROPOSED ORDER Allowing Production of Confidential Documents by parties. (Jobson, Mark) (Entered: 08/03/2007)

Aug. 3, 2007 PACER
31

MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold - Dep Clerk: K Miller; Pla Counsel: Erik J Heipt; Def Counsel: Mark C Jobson; Time of Hearing: 9:30 A.M.; Courtroom: D; Session #: TAC070809; Motion Hearing held on 8/9/2007 re 16 MOTION to Certify Class filed by Rickey Peralez - (Court will issue a written Order promptly), 17 MOTION to Compel Responses to Written Discovery - (GRANTED) filed by Rickey Peralez. Re: Motion to Compel (Doc # 17) - Court directs that 2000 legal face sheets, 2000 work release screening denials and 700 contact information on "no stairs" persons be provided to plaintiff by 8/22/07. Parties to draft an Order outlining the court's directive for presentation. All provided information is subject to the Stipulated Protective Order. (KAM, ) (Entered: 08/10/2007)

Aug. 9, 2007 PACER
32

STIPULATION AND ORDER Allowing Production of Confidential Documents by Judge J. Kelley Arnold. (KAM, ) (Entered: 08/10/2007)

Aug. 9, 2007 RECAP
33

ORDER granting 16 Plaintiff's Motion to Certify Class by Judge J. Kelley Arnold.(KAM, ) (Entered: 08/13/2007)

Aug. 10, 2007 RECAP
34

MOTION to Modify Order re Plaintiff's Motion for Class Certification by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan. (Attachments: # 1 Proposed Order)Noting Date 8/31/2007.(Jobson, Mark) Modified on 8/15/2007 (ECS, ). (Entered: 08/14/2007)

Aug. 14, 2007 PACER
35

ORDER GRANTING re 17 PLAINTIFF'S MOTION to Compel Responses to Written Discovery by Judge J. Kelley Arnold. (KAM, ) (Entered: 08/20/2007)

Aug. 20, 2007 RECAP
36

RESPONSE, by Plaintiff Rickey Peralez, to 34 MOTION to Certify Class State Defendants' Motion To Modify Order Granting Plaintiff's Motion for Class Certification. (Heipt, Erik) (Entered: 08/27/2007)

Aug. 27, 2007 PACER
37

ORDER granting defendants' 34 Motion to Modify Order granting Plaintiff's Motion for Class Certification, to the extent that the modification does not reflect substantive change in the court's original order by Judge J. Kelley Arnold.(CMG, ) (Entered: 08/31/2007)

Aug. 30, 2007 RECAP
38

SCHEDULING ORDER:Jury Trial is set for 6/16/2008 at 09:00 AM in D Courtroom before Hon. J. Kelley Arnold.,Joinder of Parties due by 10/28/2007,Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/18/2008,Motions due by 1/18/2008,Discovery completed by 2/17/2008,Dispositive motions due by 3/18/2008,Amended Pleadings due by 3/3/2008,39.1 Settlement Report due by 3/18/2007,Motions in Limine due by 5/17/2008,Pretrial Order due by 5/17/2008,Trial briefs to be submitted by 6/2/2008,Proposed voir dire/jury instructions due by 6/2/2008,Proposed Findings of Fact and Conclusions of Law to be submitted by 6/2/2008,Plaintiffs Pretrial Statement due by 4/17/2008.,Defendants Pretrial Statement due by 4/27/2008.,Conference of Attorneys completed by 5/7/2008.by Judge J. Kelley Arnold. (CMG, ) (Entered: 09/14/2007)

Sept. 13, 2007 PACER
39

STIPULATION Re: Extension of Time for Defendant's Response To Plaintiff's Requests for Admission Dated October 17, 2007 by parties. (Jobson, Mark) Modified on 11/19/2007 (ECS, ). (Entered: 11/16/2007)

Nov. 16, 2007 PACER
40

ERRATA re 39 Stipulation Re: Extension of Time for Defendant's Response To Plaintiff's Requests for Admission Dated October 17, 2007 by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan. (Jobson, Mark) (Entered: 11/16/2007)

Nov. 16, 2007 PACER
41

MOTION To Determine Sufficiency of Defendants' Responses to Requests for Admission by Plaintiff Rickey Peralez. (Attachments: # 1 Proposed Order)Noting Date 12/14/2007.(Budge, Edwin) (Entered: 11/29/2007)

Nov. 29, 2007 PACER
42

MOTION for Partial Summary Judgment by Plaintiff Rickey Peralez. (Attachments: # 1 Proposed Order)Noting Date 12/21/2007.(Budge, Edwin) (Entered: 11/29/2007)

Nov. 29, 2007 PACER
43

DECLARATION of Edwin S. Budge filed by Plaintiff Rickey Peralez re 42 MOTION for Partial Summary Judgment, 41 MOTION To Determine Sufficiency of Defendants' Responses to Requests for Admission (Attachments: # 1 # 2 Exhibit # 3 Exhibit)(Budge, Edwin) (Entered: 11/29/2007)

3 Exhibit

View on PACER

4 Exhibit

View on PACER

Nov. 29, 2007 RECAP
44

RESPONSE, by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan, to 41 MOTION To Determine Sufficiency of Defendants' Responses to Requests for Admission. (Attachments: # 1 Declaration of Kathryn Lake)(Jobson, Mark) (Entered: 12/10/2007)

Dec. 10, 2007 PACER
45

REPLY, filed by Plaintiff Rickey Peralez, TO RESPONSE to 41 MOTION To Determine Sufficiency of Defendants' Responses to Requests for Admission (Budge, Edwin) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
46

DECLARATION of Edwin S. Buddge filed by Plaintiff Rickey Peralez re 41 MOTION To Determine Sufficiency of Defendants' Responses to Requests for Admission (Budge, Edwin) (Entered: 12/14/2007)

Dec. 14, 2007 PACER
47

ORDER finding as moot 41 Motion to determine sufficiency of Defendants' responses to requests for admission; and requesting a response by the parties regarding oral argument for for the 42 motion for partial summary judgment by Judge J. Kelley Arnold.(CMG, ) Modified on 12/17/2007: adding link for the motion for partial summary judgment (CMG, ). (Entered: 12/17/2007)

Dec. 14, 2007 RECAP

parties response re Oral argument agreement due 12/20/07, per 47 Order on Motion for Miscellaneous Relief(CMG, )

Dec. 14, 2007 PACER

NOTICE of Docket Text Modification re 47 Order on Motion for Miscellaneous Relief, : added link for the motion for spartial summary judgment (CMG, )

Dec. 17, 2007 PACER

Set Oral Argument on 42 MOTION for Partial Summary Judgment : Motion Hearing set for 1/8/2008 at 09:30 AM in D Courtroom before Hon. J. Kelley Arnold. (AS, )

Dec. 17, 2007 PACER
48

NOTICE of Unavailability of counsel Mark Conlin Jobson for Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan from January 9-14, 2008; February 1-9, 2008 to April 12-19, 2008. (Jobson, Mark) (Entered: 12/17/2007)

Dec. 17, 2007 PACER
49

DISCLOSURE OF EXPERT WITNESSES Filed by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan. (Attachments: # 1 Exhibit 1-Defendants' Rule 26(a)(2) Disclosure Statement# 2 Exhibit 2-Defendants' Rule 26(a)(2) Disclosure Statement)(Jobson, Mark) (Entered: 12/19/2007)

Dec. 19, 2007 PACER
50

RESPONSE, by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan, to 42 MOTION for Partial Summary Judgment. Oral Argument Requested. (Jobson, Mark) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
51

DECLARATION of Jean Stewart DOC Chief of Classification filed by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan re 42 MOTION for Partial Summary Judgment (Jobson, Mark) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
52

DECLARATION of Devon Schrum DOC Grievance Program Manager filed by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan re 42 MOTION for Partial Summary Judgment (Jobson, Mark) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
53

REPLY, filed by Plaintiff Rickey Peralez, TO RESPONSE to 42 MOTION for Partial Summary Judgment (Budge, Edwin) (Entered: 12/26/2007)

Dec. 26, 2007 PACER
54

DECLARATION of Edwin S. Budge filed by Plaintiff Rickey Peralez re 42 MOTION for Partial Summary Judgment (Budge, Edwin) (Entered: 12/26/2007)

Dec. 26, 2007 PACER
55

MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold - Dep Clerk: Allyson Swan; Pla Counsel: Edwin Budge; Erik Heipt; Def Counsel: Mark Jobson; Session #: TAC080108-091032; Motion Hearing held on 1/8/2008 re 42 MOTION for Partial Summary Judgment filed by Rickey Peralez - Oral argument held. The Court will issue a written order. (AS, ) (Entered: 01/08/2008)

Jan. 8, 2008 PACER
56

ORDER re Plaintiff's 42 Motion for Partial Summary Judgment; and clarifying/amending class descriptions by Judge J. Kelley Arnold.(CMG, ) (Entered: 01/08/2008)

Jan. 8, 2008 RECAP
57

STIPULATION AND PROPOSED ORDER REGARDING CLASS DEFINITION by parties. (Budge, Edwin) (Entered: 01/17/2008)

Jan. 17, 2008 PACER
58

STIPULATION AND ORDER 57 amending the class definition as follows: ALl otherwise eligible ADA disabled inmates of the Washington Department of Corrections (DOC) who, from October 30, 2003 through January 2008 have been partially or wholly denied participation in the DOC Work Release Program by reason of a disability by Judge J. Kelley Arnold. (CMG, ) (Entered: 01/24/2008)

Jan. 22, 2008 RECAP

Set Hearings: In-court Hearing for presentation of proposed settlement agreement set for 5/12/2008 at 10:30 AM in D Courtroom before Judge J. Kelley Arnold. (AS, )

April 30, 2008 PACER
59

SETTLEMENT AGREEMENT approved by Judge J. Kelley Arnold. (KAM, ) (Entered: 05/12/2008)

May 12, 2008 PACER
60

MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold- Dep Clerk: Allyson Swan; Pla Counsel: Edwin Budge; Def Counsel: Mark Jobson; Session #: TAC080512; In Court Hearing held on 5/12/2008 re: preliminary approval of settlement agreement. Mr. Jobson states for the record the Federal and State claims addressed, which will be cited in the notice to class members. Colloquy re: time line. The Court preliminarily approves the proposed settlement agreement. (AS, ) (Entered: 05/12/2008)

May 12, 2008 PACER
61

MOTION for Attorney Fees and Costs by Plaintiff Rickey Peralez. (Attachments: # 1 Proposed Order Granting Plaintiff's Motion for Attorneys' Fees and Costs) Noting Date 5/30/2008; (Budge, Edwin) (Entered: 05/15/2008)

May 15, 2008 PACER
62

DECLARATION of Edwin S. Budge in Support of Plaintiffs' Motion for Attorneys' Fees and Costs filed by Plaintiff Rickey Peralez re 61 MOTION for Attorney Fees and Costs (Budge, Edwin) (Entered: 05/15/2008)

May 15, 2008 PACER
63

DECLARATION of Erik J. Heipt in Support of Plaintiffs' Motion for Attorneys' Fees and Costs filed by Plaintiff Rickey Peralez re 61 MOTION for Attorney Fees and Costs (Budge, Edwin) (Entered: 05/15/2008)

May 15, 2008 PACER
64

ERRATA re 61 MOTION for Attorney Fees and Costs by Plaintiff Rickey Peralez. (Attachments: # 1 Proposed Order)(Budge, Edwin) (Entered: 05/20/2008)

May 20, 2008 PACER
65

RESPONSE, by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan, to 61 MOTION for Attorney Fees and Costs. (Jobson, Mark) (Entered: 05/21/2008)

May 21, 2008 PACER
66

ORDER granting 61 Motion for Attorney Fees, by Judge J. Kelley Arnold.(DF, ) (Entered: 05/21/2008)

May 21, 2008 RECAP
67

JUDGMENT BY COURT per 66 ORDER granting Dkt #61 Motion for Attorney Fees. (DF, ) (Entered: 05/21/2008)

May 21, 2008 RECAP
68

STIPULATION AND PROPOSED ORDER Regarding Approval of Class Action Notice and Claim Form by parties. (Attachments: # 1 Exhibit A)(Jobson, Mark) (Entered: 06/06/2008)

June 6, 2008 PACER
69

STIPULATION and ORDER approving the 68 Class Action Notice and Claim Form by Judge J. Kelley Arnold. (CMG) (Entered: 06/12/2008)

June 11, 2008 RECAP

Set Hearings: In-court Hearing for final approval of settlement set for 8/5/2008 at 9:30 AM in D Courtroom before Judge J. Kelley Arnold. (AS)

June 13, 2008 PACER
70

STIPULATION AND PROPOSED ORDER Regarding Amendment of Settlement: Timing of Payment To Class Members by parties. (Jobson, Mark) (Entered: 06/18/2008)

June 18, 2008 PACER
71

STIPULATION AND ORDER granting 70 PROPOSED ORDER regarding amendment of Settlement; Timing of Payment To Class Members, by Judge J. Kelley Arnold. (DF) (Entered: 06/23/2008)

June 23, 2008 RECAP
72

DECLARATION of Kathryn Lake Re: Defendant's First Settlement Progress Report by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan. (Attachments: # 1 Exhibit 1 thru 4)(Jobson, Mark) (Entered: 06/27/2008)

June 27, 2008 PACER
73

DECLARATION of Roger M. Hotrum re Settlement. (CMG) (Entered: 07/31/2008)

July 30, 2008 PACER
74

DECLARATION of of Paralegal Kathryn Lake Re: Defendant's Second Settlement Progress Report by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan. (Jobson, Mark) (Entered: 08/01/2008)

Aug. 1, 2008 PACER
75

REPORT Defendants' Second Settlement Progress Report by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan. (Jobson, Mark) (Entered: 08/01/2008)

Aug. 1, 2008 PACER
76

MINUTE ENTRY for proceedings held before Judge J. Kelley Arnold- Dep Clerk: K Miller; Pla Counsel: Edwin S Budge; Def Counsel: Mark Conlin Jobson; Time of Hearing: 9:30 AM; Courtroom: D; Session #: TAC080804; In Court Hearing re: Final Approval of Settlement held on 8/5/2008. Parties submit a Proposed Stipulated Order Granting Final Approval to Class Action Settlement. Court GRANTS the Stipulated Order as there was no objection indicated by anyone present for the hearing. (KAM) (Entered: 08/05/2008)

Aug. 5, 2008 PACER
77

STIPULATION AND ORDER Granting Final Approval to Class Action Settlement by Judge J. Kelley Arnold. (KAM) (Entered: 08/05/2008)

Aug. 5, 2008 PACER
78

MOTION to Enforce Settlement Agreement by Roger Hotrum, propria persona. (Attachments: # 1 Notice of Motion Docket, # 2 Certificate of Service) Noted Correctly by Clerk for 10/3/2008 (CMG) Modified on 9/24/2008: to correct filer (CMG). (Entered: 09/24/2008)

Sept. 15, 2008 PACER

NOTICE of Docket Text Modification re 78 MOTION to Enforce : corrected the filer of this document (CMG)

Sept. 24, 2008 PACER
79

RESPONSE, by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan, to 78 MOTION to Enforce. (Jobson, Mark) (Entered: 09/30/2008)

Sept. 30, 2008 PACER
80

ORDER re 78 MOTION to Enforce Settlement: the Court requests the following no later than 10/13/08: (1) a further response from the Attorney General detailing to what extent, if any, the court was advised of Mr. Hotrum's declaration at the August 5 hearing; and (2) response from counsel for the class. Specifically, the court is interested in knowing what class counsel communicated to the moving party. The Motion to Enforce Settlement Agreement is RENOTED for 10/17/2008. Signed by Judge J. Kelley Arnold. (CMG) (Entered: 10/03/2008)

Oct. 2, 2008 RECAP
81

NOTICE of Settlement and Compromise Re: Roger Hotrum Motion to Enforce Settlement by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan (Jobson, Mark) (Entered: 10/07/2008)

Oct. 7, 2008 PACER
82

Letter from Roger Hotrum re Defendants' 79 Response to Motion to Enforce. (CMG) (Entered: 10/16/2008)

Oct. 9, 2008 PACER
83

STIPULATION and Order of Dismissal As To Defendants State of Washington Department of Corrections by parties. (Jobson, Mark) (Entered: 10/29/2008)

Oct. 29, 2008 PACER
84

EXHIBIT Release re 83 Stipulation by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan. (Jobson, Mark) (Entered: 11/06/2008)

Nov. 6, 2008 PACER
85

STIPULATED ORDER OF DISMISSAL as to Defendants State of Washington Department of Corrections by Judge J. Kelley Arnold. (KAM) (Entered: 11/10/2008)

Nov. 10, 2008 PACER
86

NOTICE of Correspondence to the Attorney General's Office Re: settlement check filed by Roger Hotrum. (KAM) (Entered: 12/05/2008)

Nov. 28, 2008 PACER
87

NOTICE of Defendants' Final Report to the Court ; filed by Defendants Jean Stewart, John 1-20 Does, Washington Department of Corrections, Harold Clarke, Douglas Waddington, Belinda Stewart, Kevin Shanahan. (Jobson, Mark) (Entered: 03/11/2010)

March 11, 2010 RECAP

State / Territory: Washington

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Oct. 26, 2006

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disabled former inmates in Washington State Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Washington State Department of Corrections, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Amount Defendant Pays: 298,800

Issues

General:

Work release or work assignments

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Mental impairment

Mobility impairment

Visual impairment

Type of Facility:

Government-run