Case: Rust v. Western State Hospital

3:00-cv-05749 | U.S. District Court for the Western District of Washington

Filed Date: Dec. 20, 2000

Closed Date: Oct. 17, 2004

Clearinghouse coding complete

Case Summary

On December 20, 2000, individuals with mental illnesses confined at the Center for Forensic Services (CFS) at Western State Hospital (WSH) filed a class action lawsuit under the Americans with Disabilities Act against various hospital and state officials in the United States District Court for the Western District of Washington. Plaintiffs, represented by Disability Rights Washington, asked the court for injunctive relief to protect them from harm. Specifically, Plaintiffs claimed that Defend…

On December 20, 2000, individuals with mental illnesses confined at the Center for Forensic Services (CFS) at Western State Hospital (WSH) filed a class action lawsuit under the Americans with Disabilities Act against various hospital and state officials in the United States District Court for the Western District of Washington. Plaintiffs, represented by Disability Rights Washington, asked the court for injunctive relief to protect them from harm. Specifically, Plaintiffs claimed that Defendants had denied them minimally adequate treatment, and psychiatric, medical, and dental care.

On February 2, 2001, the Court (Judge Robert J. Bryan) issued an agreed order for class certification. The class consisted of: all individuals (1) who currently are residents of the Center for Forensic Services at Western State Hospital and (2) who will be committed to the Center for Forensic Services at Western State Hospital in the future.

On April 13, 2001, the Court issued an order detailing Plaintiffs' relief. Defendants were required to provide the class with, among other things: (1) constitutionally minimally adequate protection from harm and adequate and timely dental and medical care; (2) freedom from unnecessary restraint; (3) adequate discharge planning; (4) privacy; and, (5) services, care, and treatment in the most integrated setting. The parties were to establish a Monitoring Committee to oversee the implementation of the order. Defendants were to bear the costs and fees of the Monitoring Committee, and would reimburse Plaintiffs for reasonable attorneys' fees and costs. The Court approved the parties' partial settlement on May 25, 2001.

The Court granted a preliminary injunction on July 9, 2001. The parties had previously reached partial settlement, resolving a majority of the issues. The remaining issues involve the provision of minimally adequate treatment and the adequacy of staff to provide that treatment. The Court found that Defendants' newly implemented "active treatment program" failed to meet the constitutional minimal standard because it was not meaningfully individualized and not provided to all members of the class. Thus, the Court found that a preliminary injunction was necessary because Plaintiffs showed a likelihood of success on the merits and had raised serious questions about the constitutional adequacy of Defendants' program. Further, the Court found that staff levels were inadequate to require the required care.

On August 14, 2001, the Court granted the parties' joint motion for approval and issued an order requiring Defendants to timely commence implementation of the provisions of the order. Among other things, the Order provided for: establishment and oversight of a monitoring committee; dispute resolution and enforcement; class notice; and, attorneys' fees and costs.

The Court (Magistrate Judge J. Kelley Arnold) issued a Report and Recommendation on September 10, 2001 recommending that the Court approved the parties' proposed order approving the settlement agreement. The Court approved the parties' settlement agreement on September 28, 2001.

The Court issued a release and stipulated order dismissing Plaintiffs' petitions for attorneys' fees on October 17, 2002. Defendants agreed to pay more than $500,000 in attorneys' fees and costs, and Plaintiffs released any additional claims for attorneys' expenses.

The Court issued an amended order based on the monitoring committee's report on November 19, 2004. This order required self-monitored compliance until February 28, 2008.

The case has been closed, and there has been no additional litigation.

Summary Authors

Haley Waller (5/11/2011)

Carol Chen (7/4/2020)

People


Judge(s)

Arnold, J. Kelley (Washington)

Bryan, Robert Jensen (Washington)

Attorneys(s) for Plaintiff

Dorfman, Deborah A. (Washington)

Gray, Marvin Lee Jr. (Washington)

Attorneys(s) for Defendant

Anderson, Pamela H. (Washington)

Gregoire, Christine O. (Washington)

Ryan, Terrence James (Washington)

Judge(s)

Arnold, J. Kelley (Washington)

Bryan, Robert Jensen (Washington)

Attorneys(s) for Plaintiff

Dorfman, Deborah A. (Washington)

Gray, Marvin Lee Jr. (Washington)

Attorneys(s) for Defendant

Anderson, Pamela H. (Washington)

Gregoire, Christine O. (Washington)

Ryan, Terrence James (Washington)

Documents in the Clearinghouse

Document

3:00-cv-05749

Docket

March 24, 2008

March 24, 2008

Docket
80

3:00-cv-05749

DEFENDANTS' ANSWER TO PLAINTIFFS' CLASS ACTION CIVIL RIGHTS COMPLAINT

Jan. 30, 2001

Jan. 30, 2001

Pleading / Motion / Brief
1

3:00-cv-05749

AGREED ORDER FOR CLASS CERTIFICATION

Feb. 2, 2001

Feb. 2, 2001

Order/Opinion
99

3:00-cv-05749

ORDER

April 13, 2001

April 13, 2001

Order/Opinion
109

3:00-cv-05749

Memorandum of Points and Authorities In Support of Joint Motion For Approval of Partial Settlement

May 18, 2001

May 18, 2001

Pleading / Motion / Brief
117

3:00-cv-05749

Order Approving Partial Settlement

May 25, 2001

May 25, 2001

Order/Opinion
120

3:00-cv-05749

DEFENDANTS' SUPPLEMENTAL RESPONSE TO PLAINTIFFS' MOTION FOR PRELIMINARY RELIEF

June 4, 2001

June 4, 2001

Pleading / Motion / Brief
121

3:00-cv-05749

PLAINTIFFS' SUPPLEMENT TO MOTION FOR PRELIMINARY INJUNCTION

June 11, 2001

June 11, 2001

Pleading / Motion / Brief
136

3:00-cv-05749

ORDER GRANTING A PRELIMINARY INJUNCTION

July 9, 2001

July 9, 2001

Order/Opinion
142

3:00-cv-05749

ORDER

Aug. 14, 2001

Aug. 14, 2001

Order/Opinion

Resources

Docket

Last updated Aug. 6, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

CLASS−ACTION CIVIL RIGHTS COMPLAINT (Summons(es) issued) Receipt # 501482 (KM) (Entered: 12/21/2000)

Dec. 20, 2000

Dec. 20, 2000

2

AFFIDAVIT OF SERVICE upon defendant Gary Locke of summons/complaint on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

3

AFFIDAVIT OF SERVICE upon defendant DSHS St Washington of summons/complaint on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

4

AFFIDAVIT OF SERVICE upon defendant Dennis Braddock of summons/complaint on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

5

AFFIDAVIT OF SERVICE upon defendant Mental Health Div of summons/complaint on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

6

AFFIDAVIT OF SERVICE upon defendant Patricia Terry of summons/complaint on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

7

AFFIDAVIT OF SERVICE upon defendant Martin Brown of summons/complaint on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

8

AFFIDAVIT OF SERVICE upon defendant Office of Financial of summons/complaint on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

9

AFFIDAVIT OF SERVICE upon defendant Darryl Hamilton of summons/complaint on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

10

AFFIDAVIT OF SERVICE upon defendant Western State Hosp of summons/complaint on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

11

AFFIDAVIT OF SERVICE upon defendant Ira Klein of summons/complaint on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

12

MOTION by plaintiff to certify class action, OA REQ NOTED FOR 1/5/01 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

13

MEMORANDUM by plaintiff in support of pls' motion to certify class action, OA REQ [12−1] (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

14

DECLARATION of Mark Stroh by plaintiff re pls' motion to certify class action, OA REQ [12−1] (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

15

DECLARATION of Keri Gould by plaintiff re pls' motion to certify class action, OA REQ [12−1] (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

16

DECLARATION of Marvin L. Gray, Jr. by plaintiff re pls' motion to certify class action, OA REQ [12−1] (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

17

DECLARATION of Stacie B. Siebrecht by plaintiff re pls' motion to certify class action, OA REQ [12−1] (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

18

DECLARATION of Deborah A. Dorfman by plaintiff re pls' motion to certify class action, OA REQ [12−1] (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

LODGED ORDER: re: pls' motion to certify class action, OA REQ [12−1] (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

19

AFFIDAVIT OF SERVICE of summons/complaint upon Christine Gregoire on 12/20/00 (EC) (Entered: 12/21/2000)

Dec. 21, 2000

Dec. 21, 2000

20

AFFIDAVIT OF SERVICE upon defendant Jan Gregg of summons/complaint on 12/20/00 (EC) (Entered: 12/22/2000)

Dec. 22, 2000

Dec. 22, 2000

21

AFFIDAVIT OF SERVICE by plaintiff of declaration [18−1], of declaration [17−1], of declaration [16−1], of declaration [15−1], of declaration [14−1], of memorandum [13−1], of motion to certify class action, OA REQ [12−1] (EC) (Entered: 12/22/2000)

Dec. 22, 2000

Dec. 22, 2000

22

APPLICATION by plaintiff Christi Rust, plaintiff Lori Farmer, plaintiff Ralph Leonard, plaintiff Deborah Harding, plaintiff Patricia Wolters, plaintiff Thomas Thayer, plaintiff WA Protection &Adv AND ORDER admitting Keri K Gould pro hac vice. Receipt # 501494 (cc: counsel, Judge) (EC) (Entered: 12/22/2000)

Dec. 22, 2000

Dec. 22, 2000

23

MINUTE ORDER: by Judge Franklin D. Burgess Case reassigned to Judge Robert J. Bryan (cc: counsel, Judge) (EC) (Entered: 12/22/2000)

Dec. 22, 2000

Dec. 22, 2000

24

ATTORNEY APPEARANCE for defendant DSHS St Washington by Terrance James Ryan, Pamela H Anderson, Susan L Pierini (EC) (Entered: 12/27/2000)

Dec. 27, 2000

Dec. 27, 2000

25

MINUTE ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 3/13/01 (cc: counsel, Judge) (EC) Modified on 01/02/2001 (Entered: 12/28/2000)

Dec. 28, 2000

Dec. 28, 2000

26

MINUTE ORDER re: DISCOVERY and DEPOSITIONS by Judge Robert J. Bryan (cc: counsel, Judge) (EC) (Entered: 12/28/2000)

Dec. 28, 2000

Dec. 28, 2000

27

MOTION by plaintiff for preliminary injunction, OA REQ NOTED FOR 1/26/01 (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

28

MEMORANDUM by plaintiff in support of Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

29

DECLARATION of Mark Stroh by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

30

DECLARATION of Mark Fleisher, MD by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

31

DECLARATION of Donna Slagle by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

32

DECLARATION of Craig Awmiller by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

33

DECLARATION of Abby Darrah by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

34

DECLARATION of Jean O'Loughlin by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

35

DECLARATION of Chris Thorkildsen by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

36

DECLARATION of Ralph Leonard by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

37

DECLARATION of Christi Rust by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

38

DECLARATION of Patricia Wolters by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

39

DECLARATION of Lori Farmer by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

41

DECLARATION of Henry Dlugacz, JD MSW by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

42

DECLARATION of Dolores Fitch by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

43

DECLARATION of Lori Bush by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

44

DECLARATION of Thomas Fox by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

45

DECLARATION of Judy Miller by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

46

DECLARATION of Elva Farmer by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

47

DECLARATION of Rick Kelly by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

48

DECLARATION of Richard Lichtenstader by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

49

DECLARATION of Deborah A. Dorfman by plaintiff re Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

LODGED ORDER: re: Ps' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

PROPOSED Stip/Order to renote Pls' motion for class certification and to extend time to answer (EC) (Entered: 01/03/2001)

Jan. 3, 2001

Jan. 3, 2001

50

STIPULATION and ORDER by Judge Robert J. Bryan: RENOTED FOR 1/26/01 motion to certify class action [12−1]; dfts answer due 1/29/01; response to motion to certify class ddl is 1/22/01; dfts to respond to motion for prelim inj by 1/22/01 (cc: counsel, Judge) (EC) (Entered: 01/08/2001)

Jan. 8, 2001

Jan. 8, 2001

51

RESPONSE/MEMO IN OPPOSITION by defendants to pl's motion for preliminary injunction, [27−1] (EC) (Entered: 01/22/2001)

Jan. 22, 2001

Jan. 22, 2001

52

DECLARATION of Catherine M. Fatur, RN by defendant re pl's motion for preliminary injunction [27−1] (EC) (Entered: 01/22/2001)

Jan. 22, 2001

Jan. 22, 2001

53

DECLARATION of Bruce Gage, MD by defendant re pl's motion for preliminary injunction [27−1] (EC) (Entered: 01/22/2001)

Jan. 22, 2001

Jan. 22, 2001

54

DECLARATION of Richard Tomko by defendant re pl's motion for preliminary injunction [27−1] (EC) (Entered: 01/22/2001)

Jan. 22, 2001

Jan. 22, 2001

55

DECLARATION of Richard Culley by defendant re pl's motion for preliminary injunction[27−1] (EC) (Entered: 01/22/2001)

Jan. 22, 2001

Jan. 22, 2001

56

DECLARATION of Jack Morris by defendant re pl's motion for preliminary injunction [27−1] (EC) (Entered: 01/22/2001)

Jan. 22, 2001

Jan. 22, 2001

57

DECLARATION of Margaret Webster by defendant re pl's motion for preliminary injunction [27−1] (EC) (Entered: 01/22/2001)

Jan. 22, 2001

Jan. 22, 2001

58

DECLARATION of Rowena Villanueva, RN (Wolters) by defendant re pl's motion for preliminary injunction[27−1] (EC) (Entered: 01/22/2001)

Jan. 22, 2001

Jan. 22, 2001

59

DECLARATION of Rowena Villanueva RN (Farmer) by defendant re pl's motion for preliminary injunction [27−1] (EC) (Entered: 01/22/2001)

Jan. 22, 2001

Jan. 22, 2001

60

DECLARATION of Pat Walsh, RN by defendant re pl's motion for preliminary injunction [27−1] (EC) (Entered: 01/22/2001)

Jan. 22, 2001

Jan. 22, 2001

62

DECLARATION of R. Darrell Hamilton, MD by defendant re pl's motion for preliminary injunction [27−1] (EC) (Entered: 01/23/2001)

Jan. 22, 2001

Jan. 22, 2001

63

RESPONSE by defendant to pl's motion to certify class action [12−1] (EC) (Entered: 01/23/2001)

Jan. 22, 2001

Jan. 22, 2001

LODGED ORDER: re: agreed motion to certify class action [12−1] (EC) (Entered: 01/23/2001)

Jan. 22, 2001

Jan. 22, 2001

64

REPLY by plaintiff TO RESPONSE to pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

65

DECLARATION of Deborah A. Dorfman by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

66

DECLARATION of Henry Dlugacz by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

67

DECLARATION of Craig Awmiller by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

68

DECLARATION of Mark Storh by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

69

DECLARATION of Dr. Mark Fleisher by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

70

DECLARATION of Donna Slagle by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

71

DECLARATION of Chris Thorkildsen by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

72

DECLARATION of Abby Darrah by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

73

SECOND DECLARATION of Patricia Wolters by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

74

SECOND DECLARATION of Lori Farmer by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

75

SECOND DECLARATION of Deborah Harding by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

76

SECOND DECLARATION of Christi Rust by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

77

DECLARATION of Otis Dahman by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

78

DECLARATION of Jean O'Loughlin by plaintiff re pls' motion for preliminary injunction, OA REQ [27−1] (EC) (Entered: 01/25/2001)

Jan. 25, 2001

Jan. 25, 2001

79

ATTORNEY APPEARANCE for defendant DSHS St Washington by Allison Croft (CAR) (Entered: 01/30/2001)

Jan. 30, 2001

Jan. 30, 2001

80

ANSWER to P' class action civil rights complaint [1−1] by defendant DSHS St Washington (CAR) (Entered: 01/30/2001)

Jan. 30, 2001

Jan. 30, 2001

81

STIPULATION and ORDER by Judge Robert J. Bryan: GRANTING motion to certify class action [12−1]; action shall be maintained as a class action comprised of: all individuals who are currently residents on the Center for Forensic Svcs at Western State Hospital and who will be committed to the Center for Forensic Svcs in the future (cc: counsel, Judge) (EC) (Entered: 02/05/2001)

Feb. 2, 2001

Feb. 2, 2001

82

MINUTE ORDER: by Judge Robert J. Bryan RENOTED FOR 2/9/01 motion for preliminary injunction[27−1] oral argument hrg is 1:30 on 2/9/01 (cc: counsel,

Feb. 5, 2001

Feb. 5, 2001

84

MINUTES OF ORAL ARGUMENT ON MOTION FOR PRELIM INJ: RJB; Dep Clerk: J BOring; CR: J Ryen; Pla Counsel M Gray/D Dorfman; Def Counsel T Ryan/P Anderson/S Pierini; argument presented; discussion about expedited trial; court to issue decision (EC) (Entered: 02/16/2001)

Feb. 16, 2001

Feb. 16, 2001

85

TRANSCRIPT of proceedings for the following date(s): 2/16/01; CR initials: J Ryen (MW) (Entered: 02/26/2001)

Feb. 26, 2001

Feb. 26, 2001

86

MINUTE ORDER: by Judge Robert J. Bryan; parties agree to engage in negotiations from 3/6−3/9/01 to attempt to resolve some issues in Ps' Motion for Prelim Inj; if parties reach resolution, they will file a joint statement; if no resolution, parties agree dfts will submit a report by 3/29/01 addressing issues, pls' response to supplemental briefing due by 4/8/01; Court denied dfts' request to continue upcoming ddl for joint status report (cc: counsel, Judge) (EC) (Entered: 03/06/2001)

March 6, 2001

March 6, 2001

87

STATEMENT OF INITIAL DISCLOSURE by defendant (EC) (Entered: 03/07/2001)

March 6, 2001

March 6, 2001

88

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 20 (CAR) (Entered: 03/13/2001)

March 13, 2001

March 13, 2001

PROPOSED Agreed Protective Order (CAR) (Entered: 03/13/2001)

March 13, 2001

March 13, 2001

LODGED AGREED ORDER re: extension of dates (CAR) (Entered: 03/13/2001)

March 13, 2001

March 13, 2001

89

STIPULATION and ORDER by Judge Robert J. Bryan; parties shall engage in negotiations from 3/6−3/19/01 to attempt to resolve issues raised in P's motion for prelim inj; if resolution reached parties shall file joint statement; parties shall file response to reply by 4/9/01 (cc: counsel, Judge) (EC) (Entered: 03/16/2001)

March 16, 2001

March 16, 2001

90

AGREED PROTECTIVE ORDER by Judge Robert J. Bryan: **see order for details** (cc: counsel, Judge) (EC) (Entered: 03/16/2001)

March 16, 2001

March 16, 2001

PROPOSED Stip/Order amending schedule for filing addtl materials related to motion for preliminary injunction, [27−1] (EC) (Entered: 03/21/2001)

March 20, 2001

March 20, 2001

91

STIPULATION and ORDER by Judge Robert J. Bryan:**see order** re ddls for negotiations, responses and replies (cc: counsel, Judge) (EC) (Entered: 03/22/2001)

March 21, 2001

March 21, 2001

92

ORDER by Judge Robert J. Bryan appointing Magistrate J. Kelley Arnold as settlement judge (cc: counsel, Judge) (EC) (Entered: 03/22/2001)

March 22, 2001

March 22, 2001

93

TRIAL NOTICE Discovery cutoff 8/1/01 Motion filing deadline 9/4/01 Pretrial order to be submitted by 11/16/01 Pretrial conference set for 8:30 11/21/01 Trial set for 9:30 12/3/01 Trial briefs to be submitted by 11/23/01 JKA is designated as settlement judge; effective <date not set> (cc:all counsel) (JAB) (Entered: 03/22/2001)

March 22, 2001

March 22, 2001

94

ATTORNEY APPEARANCE for all dfts by Terrance James Ryan, Pamela H Anderson and Allison Croft (CAR) (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

95

MTN by dfts for entry of order and scheduling of fairness hearing NOTED FOR 4/13/01 (CAR) (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

LODGED ORDER re: motion for entry of order and scheduling of fairness hearing [95−1] (CAR) (Entered: 03/26/2001)

March 26, 2001

March 26, 2001

Case Details

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Dec. 20, 2000

Closing Date: Oct. 17, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals with mental illness confined at Western State Hospital's Center for Forensic Services

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Western State Hospital, State

SecreWashington Department of Social and Health Services, State

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):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitor/Master

Preliminary relief granted

Reasonable Accommodation

Issues

General:

Improper treatment of mentally ill suspects

Reasonable Accommodations

Reasonable Modifications

Restraints : physical

Medical/Mental Health:

Dental care

Medical care, general

Medical care, unspecified