Case: Allen v. Western State Hospital

3:99-cv-05018 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 12, 1999

Closed Date: Aug. 14, 2009

Clearinghouse coding complete

Case Summary

On January 12, 1999 a group of developmentally disabled individuals and two advocacy organizations filed suit against Western State Hospital, the state of Washington, the Office of Financial Management of the State of Washington, the State of Washington Department of Social & Health Services, and the Division of Developmental Disability and Mental Health Division within the State of Washington Department of Social & Health Services in the United States District Court for the Western District of…

On January 12, 1999 a group of developmentally disabled individuals and two advocacy organizations filed suit against Western State Hospital, the state of Washington, the Office of Financial Management of the State of Washington, the State of Washington Department of Social & Health Services, and the Division of Developmental Disability and Mental Health Division within the State of Washington Department of Social & Health Services in the United States District Court for the Western District of Washington. They alleged the defendants had violated the First and Fourteenth Amendments, the Americans with Disabilities Act, and the Rehabilitation Act. They claimed that the defendants provided developmentally disabled patients with inadequate treatment, habilitation, protection from harm, and care both at Western State Hospital and in the community. They sought declaratory and injunctive relief.

On May 17, 1999 the court (Judge Robert J. Bryan) certified a class consisting of developmentally disabled individuals residing at Western State Hospital, who had been discharged to community-based treatment programs, or who were in danger of being admitted to Western State Hospital. The parties thereafter engaged in negotiations and the court (Judge Bryan) entered an agreed order to stay proceedings subject to certain conditions on December 2, 1999. The agreement required the defendants to institute a three phase plan that would increase training, institute more programs, prevent institutionalization when possible, develop individual plans, work to discharge patients, and develop more and better community treatment options. It also required the defendants to evaluate patients discharged into the community to ensure they were receiving adequate care and to institute monitoring.

When the monitoring instituted by the first settlement ceased in the spring of 2005 the parties resumed settlement negotiations. This resulted in two additional settlement agreements. The court (Judge Ronald B. Leighton) approved the first of these on February 15, 2006. It provided for improvements to care at Western State Hospital consisting of better staffing and training, better security for patients, proper placement of patients, individualized assessments, more community integration, and monitoring and reporting. The second of these settlements was approved by the court (Judge Leighton) on April 6, 2007. It addressed additional quality assurance measures including internal oversight, external oversight, and procedures for handling reports of incidents. The case was dismissed by the court (Judge Leighton) after a joint motion by the parties on August 14, 2009.

Summary Authors

Michael Perry (3/27/2011)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4772424/parties/allen-v-western-state-hosp/


Judge(s)

Arnold, J. Kelley (Washington)

Bryan, Robert Jensen (Washington)

Burgess, Franklin D. (Washington)

Leighton, Ronald B. (Washington)

Attorneys(s) for Plaintiff

Carlson, David R. (Washington)

Denton, Robert B. (Utah)

Dorfman, Deborah A. (Washington)

Hubbard, Michele Earl (Washington)

Lord, David (Washington)

Parnass, John Hithcock (Washington)

Judge(s)

Arnold, J. Kelley (Washington)

Bryan, Robert Jensen (Washington)

Burgess, Franklin D. (Washington)

Leighton, Ronald B. (Washington)

Attorneys(s) for Plaintiff

Carlson, David R. (Washington)

Denton, Robert B. (Utah)

Dorfman, Deborah A. (Washington)

Hubbard, Michele Earl (Washington)

Lord, David (Washington)

Parnass, John Hithcock (Washington)

Smith, Michael Jay (Washington)

Stanhope, Elizabeth A. (Washington)

Attorneys(s) for Defendant

Black, Kevin Roger (Washington)

Dee, Edward Joseph (Washington)

Nelson, Eric (Washington)

Pate, S. Morgan (Washington)

Pierini, Susan L. (Washington)

Sabol, JoAnn (Washington)

Williams, Shelley Anne (Washington)

Documents in the Clearinghouse

Document

3:99-cv-05018

Docket

Aug. 14, 2009

Aug. 14, 2009

Docket
38

3:99-cv-05018

Order Certifying Class Action

May 17, 1999

May 17, 1999

Order/Opinion
70

3:99-cv-05018

Agreed Order on Joint Motion to Stay Proceedings

Dec. 2, 1999

Dec. 2, 1999

Order/Opinion
124

3:99-cv-05018

Order Granting the Plaintiffs' Application for Attorneys' Fees and Costs

May 25, 2000

May 25, 2000

Order/Opinion
155

3:99-cv-05018

Joint Motion and Memorandum for Final Approval of Partial Class Settlement

Feb. 3, 2006

Feb. 3, 2006

Pleading / Motion / Brief
163

3:99-cv-05018

Order and Partial Settlement Agreement

Feb. 15, 2006

Feb. 15, 2006

Order/Opinion
199

3:99-cv-05018

Order and Settlement Agreement

April 6, 2007

April 6, 2007

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4772424/allen-v-western-state-hosp/

Last updated Aug. 2, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION CIVIL RIGHTS COMPLAINT (Summons(es) issued) Receipt # 250201 (KM) (Entered: 01/20/1999)

Jan. 12, 1999

Jan. 12, 1999

180

MINUTE ORDER re Mediation Conference - 177 Settlement Conference Held on 11/29/06 - all pending issues are RESOLVED. Meetings scheduled for 2/13/07 and 2/15/07 are canceled. Signed by Judge J. Kelley Arnold. (PL, )

Feb. 9, 2007

Feb. 9, 2007

RECAP
185

ORDER granting 181 Motion Preliminarily Approving Settlement, Directing Notice to Class Mmembers, and Scheduling Fairness Hearing. Fairness Hearing set for 4/6/2007 at 01:30 PM in B Courtroom before Hon. Ronald B. Leighton. A Joint Motion for Final Approval of the Settlement is due no later than 4/3/07. Signed by Judge Ronald B. Leighton.(DN, )

Feb. 27, 2007

Feb. 27, 2007

RECAP
2

MOTION by plaintiff to certify class action NOTED FOR 1/29/99 (KM) (Entered: 01/20/1999)

Jan. 13, 1999

Jan. 13, 1999

3

MEMORANDUM by plaintiff in support of motion to certify class action [2−1] (KM) (Entered: 01/20/1999)

Jan. 13, 1999

Jan. 13, 1999

190

ORDER granting 189 Motion for Leave to File Overlength Brief, signed by Judge Ronald B. Leighton.(DN, )

April 2, 2007

April 2, 2007

RECAP

LODGED ORDER: re: motion to certify class action [2−1] (KM) (Entered: 01/20/1999)

Jan. 13, 1999

Jan. 13, 1999

4

AFFIDAVIT OF SERVICE upon defendant Western State Hosp, defendant Patricia Terry, defendant Washington State of, defendant Gary Locke, defendant DSHS WA State of, defendant Lyle Quasim, defendant Div Devel Disability, defendant Timothy Brown, defendant WA Mental Health Div, defendant Jann Hoppler, defendant Office of Financial, defendant Richard Thompson of summons/complaint on 1/13/99 (KM) (Entered: 01/20/1999)

Jan. 13, 1999

Jan. 13, 1999

5

STIPULATED NOTICE that the following is RENOTED FOR 2/26/99 plas' motion to certify class action (TW) (Entered: 01/22/1999)

Jan. 21, 1999

Jan. 21, 1999

7

ORDER re: DISCOVERY and DEPOSITIONS by Judge Franklin D. Burgess (cc: counsel, Judge) (TW) (Entered: 01/22/1999)

Jan. 22, 1999

Jan. 22, 1999

8

ATTORNEY APPEARANCE for defendants by Susan L Pierini, JoAnn Sabol (EC) (Entered: 02/01/1999)

Feb. 1, 1999

Feb. 1, 1999

9

RESPONSE by defendant to pls' motion to certify class action [2−1] (EC) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

10

MEMORANDUM OF AUTHORITIES by defendant in opposition to pls' motion to certify class action [2−1] (EC) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

11

DECLARATION of Shirley Everard by defendant re pls' motion to certify class action [2−1] (EC) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

12

DECLARATION of Timothy Brown by defendant re pls' motion to certify class action [2−1] (EC) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

13

DECLARATION of Jann Hoppler by defendant re pls' motion to certify class action [2−1] (EC) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

14

ANSWER to complaint [1−1] by defendants (EC) (Entered: 02/22/1999)

Feb. 19, 1999

Feb. 19, 1999

15

MINUTE ORDER: by Judge Franklin D. Burgess Case reassigned to Judge Robert J. Bryan (cc: counsel, Judge) (EC) (Entered: 02/25/1999)

Feb. 25, 1999

Feb. 25, 1999

16

REPLY BRIEF by plaintiff TO RESPONSE to pls' motion to certify class action [2−1] (EC) (Entered: 02/25/1999)

Feb. 25, 1999

Feb. 25, 1999

17

APPLICATION/ORDER FOR ADMISSION to practice by Robert Denton; Receipt # 255201 (EC) (Entered: 02/25/1999)

Feb. 25, 1999

Feb. 25, 1999

18

SUBSTITUTION OF COUNSEL on behalf of Sharon Allen, Kevin Frazier, Eric Haynes, Charles Hood, Kerri Meyer, Eugene Thompson, Jenny Whitmore, Arc of Clark Co Inc, WA Protection &Adv Robert B. Denton terminating attorney David Lord for WA Protection &Adv, attorney David Lord for Arc of Clark Co Inc, attorney David Lord for Jenny Whitmore, attorney David Lord for Eugene Thompson, attorney David Lord for Kerri Meyer, attorney David Lord for Charles Hood (EC) (Entered: 02/25/1999)

Feb. 25, 1999

Feb. 25, 1999

19

ORDER TO SHOW CAUSE: by Judge Robert J. Bryan deadline set for 3/25/99 for parties to show why cases should or should not be consolidated (cc: counsel, Judge) (EC) (Entered: 03/10/1999)

March 10, 1999

March 10, 1999

20

ORDER RESETTING MOTION FOR CLASS CERTIFICATION AND SETTING STATUS CONFERENCE; Clerk to set date/time re: motion for class certification and OSC ddl by Judge Robert J. Bryan, (cc: counsel, Judge) (EC) (Entered: 03/11/1999)

March 11, 1999

March 11, 1999

21

MINUTE ORDER: by Judge Robert J. Bryan; status conference is 4/23/99 at 9:00; RENOTED FOR 4/23/99 OSC ddl for parties to show why/why not consolidation [0−0], RENOTED FOR 4/23/99 motion to certify class action [2−1] (cc: counsel, Judge) (EC) (Entered: 03/12/1999)

March 12, 1999

March 12, 1999

22

LETTER from counsel re: clarification of Order Resetting Motion for Class Certification and setting status conference (EC) (Entered: 03/23/1999)

March 22, 1999

March 22, 1999

23

LETTER from Judge Robert J. Bryan to counsel re: letter [22−1] (EC) (Entered: 03/23/1999)

March 22, 1999

March 22, 1999

24

STATEMENT of SUPPLEMENTAL AUTHORITY by plaintiffs (CAR) (Entered: 03/30/1999)

March 30, 1999

March 30, 1999

25

RESPONSE by Pltfs to Order to Show Cause re: Consolidation [19−1] (CAR) (Entered: 04/16/1999)

April 16, 1999

April 16, 1999

27

DECLARATION of Pat Terry by defendant re OSC ddl for parties to show why/why not consolidation [0−0] (EC) (Entered: 04/21/1999)

April 21, 1999

April 21, 1999

28

DECLARATION of Ed Hidano by defendant re OSC ddl for parties to show why/why not consolidation [0−0] (EC) (Entered: 04/21/1999)

April 21, 1999

April 21, 1999

29

AMENDED AFFIDAVIT OF SERVICE by defendant of motion response [26−1] (EC) (Entered: 04/23/1999)

April 23, 1999

April 23, 1999

30

MINUTES OF ORAL ARGUMENT ON MOTION AND STATUS CONFERENCE: RJB; Dep Clerk: J BOring; CR: J Ryen; Pla Counsel D Dorfman/M Smith/E Stanhope; Def Counsel J Sabor/S Pierini; pl's motion for consolidation is DENIED, Judge Burgess' order consolidating cases is REVOKED; oral argument submitted, Court reserves ruling on class motion; trial date to be set upon receipt of JSR; GAL appointed for pls discussed; defense to file Answer forthwith; discovery disputes shall be resolved by conference call to P Olson; appointment of mediator discussed, Court to appoint Magistrate J. Kelley Arnold as mediator; counsel to prepare joint discovery plan, Court outlines procedure for filing protective orders (EC) (Entered: 04/23/1999)

April 23, 1999

April 23, 1999

31

LETTER from RJB to cnsl re: case mgmt as opposed to ultimate remedy; (letter written &sent 3/22/99) (JAB) (Entered: 04/26/1999)

April 26, 1999

April 26, 1999

32

ORDER by Judge Robert J. Bryan this is case is REFERRED to Magistrate Judge J Kelley Arnold for mediation (cc: counsel, Judge) (CAR) (Entered: 04/27/1999)

April 26, 1999

April 26, 1999

33

MINUTE ORDER: by Judge Robert J. Bryan; Court reserves ruling on class motion; trial date will be set upon receipt of JSR; discovery disputes, if any, will be resolved by conference call to P Olson; Court directs counsel to prepare a joint discovery plan (cc: counsel, Judge) (EC) (Entered: 04/28/1999)

April 28, 1999

April 28, 1999

34

LETTER by defendant re: motion to certify class action [2−1] (EC) (Entered: 04/30/1999)

April 30, 1999

April 30, 1999

35

SUPPLEMENTAL BRIEF by plaintiff re pls' motion to certify class action [2−1] (EC) (Entered: 05/04/1999)

May 4, 1999

May 4, 1999

36

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 30 Attornies: attorney for defendant, attorney for plaintiff (EC) (Entered: 05/12/1999)

May 12, 1999

May 12, 1999

37

JOINT DISCOVERY PLAN (EC) (Entered: 05/12/1999)

May 12, 1999

May 12, 1999

38

ORDER by Judge Robert J. Bryan GRANTING pls' motion to certify class action [2−1]; plaintiff class is CERTIFIED to consist of individuals w/developmental disabilities 1) who presently reside at West St Hosp, 2) who have been discharged from West St Hosp after 6/1/97 to residential habilitation ctrs or community living arrangements funded, operated or licensed by dfts and 3) who will be admitted to West St Hosp in the future (cc: counsel, Judge) (EC) (Entered: 05/18/1999)

May 17, 1999

May 17, 1999

39

TRIAL NOTICE Discovery cutoff 10/18/99 Motion filing deadline 10/28/99 Pretrial order to be submitted by 1/21/00 Pretrial conference set for 8:30 1/28/00 Trial set for 9:30 2/7/00 Trial briefs to be submitted by 1/28/00 39.1 designation effective (JKA Mediator) (cc:all counsel) (JAB) (Entered: 05/19/1999)

May 19, 1999

May 19, 1999

PROPOSED Stipulation RE: Discovery Issues (CAR) (Entered: 07/01/1999)

July 1, 1999

July 1, 1999

40

EXPERT WITNESS DISCLOSED by plaintiff (EC) (Entered: 08/18/1999)

Aug. 18, 1999

Aug. 18, 1999

PROPOSED Stipulation and Order to extend discovery and dispositive motions ddls (EC) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

41

MEMORANDUM in support re: Stipulation to extend discovery and dispositive motions ddl [0−0] (EC) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

42

DECLARATION of Joann Sabol re: Stipulation to extend discovery and dispositive motions ddl [0−0] (EC) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

44

DECLARATION of Michael J. Smith re: stipulation to extend discovery and dispositive motions ddl 0−0] (EC) (Entered: 08/27/1999)

Aug. 27, 1999

Aug. 27, 1999

45

STIPULATION and ORDER by Judge Robert J. Bryan: discovery ddl extended to 11/15/99; dispositive mtn filing ddl extended to 11/18/99 (cc: counsel, Judge) (EC) (Entered: 09/01/1999)

Sept. 1, 1999

Sept. 1, 1999

46

EXPERT WITNESS DISCLOSED by defendant (EC) (Entered: 09/01/1999)

Sept. 1, 1999

Sept. 1, 1999

47

NOTICE by plaintiff WA Protection &Adv of ASSOCIATION OF ATTORNEY John Hitchcock Parnass, Michele Earl Hubbard (JAB) (Entered: 09/08/1999)

Sept. 7, 1999

Sept. 7, 1999

48

CERTIFICATE of service re: attorney [47−1] (JAB) (Entered: 09/08/1999)

Sept. 8, 1999

Sept. 8, 1999

49

DISCLOSURE OF REBUTTAL WITNESSES submitted by plaintiff (EC) (Entered: 09/17/1999)

Sept. 17, 1999

Sept. 17, 1999

50

MEDIATION BRIEF filed by defendant (EC) (Entered: 09/24/1999)

Sept. 24, 1999

Sept. 24, 1999

51

LETTER by plaintiff WA Protection &Adv re: objections to deposition of Collins Connor (EC) (Entered: 09/29/1999)

Sept. 29, 1999

Sept. 29, 1999

52

LETTER by plaintiff to law clerk re: depositions (EC) (Entered: 10/05/1999)

Oct. 5, 1999

Oct. 5, 1999

53

MOTION by plaintiff to amend and supplement complaint NOTED FOR 10/29/99 (EC) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

54

MEMORANDUM by plaintiff in support of motion to amend and supplement complaint [53−1] (EC) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

PROPOSED First Amended Supplemental Complaint re: motion to amend and supplement complaint [53−1] (EC) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

55

DECLARATION of Deborah A. Dorfman by plaintiff re motion to amend and supplement complaint [53−1] (EC) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

LODGED ORDER: re: pls' motion to amend and supplement complaint [53−1] (EC) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

56

MOTION by plaintiff to shorten time on motion to amend and supplement complaint [53−1] NOTED FOR 10/15/99 (EC) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

LODGED ORDER: re: motion to shorten time on motion to amend and supplement complaint [53−1] [56−1] (EC) (Entered: 10/13/1999)

Oct. 12, 1999

Oct. 12, 1999

57

RESPONSE by defendant to motion to shorten time on motion to amend and supplement complaint [53−1] [56−1] (EC) (Entered: 10/14/1999)

Oct. 14, 1999

Oct. 14, 1999

58

DECLARATION of Joann Sabol by defendant re pl's motion to shorten time on motion to amend and supplement complaint [53−1] [56−1] (EC) (Entered: 10/14/1999)

Oct. 14, 1999

Oct. 14, 1999

DFTS' LODGED ORDER: re: pls' motion to shorten time on motion to amend and supplement complaint [53−1] [56−1] (EC) (Entered: 10/14/1999)

Oct. 14, 1999

Oct. 14, 1999

59

ORDER by Judge Robert J. Bryan DENYING motion to shorten time on motion to amend and supplement complaint [53−1] [56−1] (cc: counsel, Judge) (JAB) (Entered: 10/15/1999)

Oct. 15, 1999

Oct. 15, 1999

60

RESPONSE/MEMO OPPOSING by defendant to pl's motion to amend and supplement complaint [53−1] (EC) (Entered: 10/26/1999)

Oct. 26, 1999

Oct. 26, 1999

61

DECLARATION of Edward Dee by defendant re pl's motion to amend and supplement complaint [53−1] (EC) (Entered: 10/26/1999)

Oct. 26, 1999

Oct. 26, 1999

62

LETTER by defendant re: response to pl's motion to amend and supplement complaint [53−1] (EC) (Entered: 10/26/1999)

Oct. 26, 1999

Oct. 26, 1999

64

DECLARATION of Elizabeth A. Stanhope by plaintiff re pls' motion to amend and supplement complaint [53−1] (EC) (Entered: 10/28/1999)

Oct. 28, 1999

Oct. 28, 1999

65

MINUTES: JKA; Dep Clerk: A Swan; Tape: JKA565; Pla Counsel D Dorfman; Def Counsel E Dees; matter comes on for purposes of making record of agreement reached between the parties thus far; counsel will contact court by 11/17/99 re: status of conditions (EC) (Entered: 11/01/1999)

Oct. 29, 1999

Oct. 29, 1999

66

STIPULATION and ORDER by Judge Robert J. Bryan Amending Pretrial Dates discovery ddl cont'd to 12/6/99; disp mtn filing ddl cont'd to 12/10/99; Disp mtns ntd by 1/7/00; lodging of pretrial order cont'd to 1/26/00. The PTC date remains 1/28/00 at 8:30 a.m., and the Trial Date remains 2/7/00 at 9:30 a.m. (cc: counsel, Judge) (CAR) (Entered: 11/02/1999)

Nov. 1, 1999

Nov. 1, 1999

67

MINUTE ORDER: by Judge Robert J. Bryan RENOTED FOR 11/19/99 motion to amend and supplement complaint [53−1] (cc: counsel, Judge) (EC) (Entered: 11/03/1999)

Nov. 3, 1999

Nov. 3, 1999

68

FIRST SUPPLEMENT by plaintiff re: disclosure of expert witnesses [40−1] (EC) (Entered: 11/12/1999)

Nov. 12, 1999

Nov. 12, 1999

69

JOINT MOTION to stay proceedings (CAR) (Entered: 12/02/1999)

Dec. 2, 1999

Dec. 2, 1999

LODGED ORDER re: motion to stay proceedings [69−1] (CAR) (Entered: 12/02/1999)

Dec. 2, 1999

Dec. 2, 1999

70

ORDER by Judge Robert J. Bryan GRANTING motion to stay proceedings [69−1] **SEE ORDER FOR DETAILS** CASE STAYED. (cc: counsel, Judge) (CAR) (Entered: 12/02/1999)

Dec. 2, 1999

Dec. 2, 1999

71

LETTER from Magistrate Judge J. Kelley Arnold to counsel re: continuing mediation process (EC) (Entered: 01/14/2000)

Jan. 14, 2000

Jan. 14, 2000

72

MOTION by plaintiff for attorney fees and expenses NOTED FOR 2/25/00 (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

73

MEMORANDUM by plaintiff in support of pls' motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

74

DECLARATION of John Parnass by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

75

DECLARATION of Michele Earl−Hubbard by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

76

DECLARATION of Mark G. Stroh by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

77

DECLARATION of Deborah A. Dorfman by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

78

DECLARATION of Elizabeth A. Stanhope by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

79

DECLARATION of Stacie B. Siebrecht by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

80

DECLARATION of Michael J. Smith by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

81

DECLARATION of S. Marie Jensen by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

82

DECLARATION of David Lord by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

83

DECLARATION of Robert Denton by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

85

DECLARATION of Mark J. Murphy by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

86

DECLARATION of Ira A. Burnim by plaintiff re motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

LODGED ORDER: re: pls' motion for attorney fees and expenses [72−1] (EC) (Entered: 02/10/2000)

Feb. 10, 2000

Feb. 10, 2000

PROPOSED Application Pro Hac Vice for Stacie Siebrecht (EC) (Entered: 02/23/2000)

Feb. 23, 2000

Feb. 23, 2000

87

APPLICATION by plaintiffs AND ORDER admitting Stacie B Siebrecht pro hac vice. Receipt # 263742 (cc: counsel, Judge) (EC) (Entered: 02/25/2000)

Feb. 25, 2000

Feb. 25, 2000

88

ATTORNEY APPEARANCE for plaintiff by Stacie Siebrecht (EC) (Entered: 02/25/2000)

Feb. 25, 2000

Feb. 25, 2000

PROPOSED Agreed Order to Renote Pltfs' Application for Fees &Costs (CAR) (Entered: 02/29/2000)

Feb. 29, 2000

Feb. 29, 2000

89

ORDER by Judge Robert J. Bryan that Pltfs' application for attorney fees and expenses [72−1]. The parties shall adhere to the stips as set forth in their ltr of agreement attached hereto and incorprated into this Order by ref. (cc: counsel, Judge) (CAR) (Entered: 02/29/2000)

Feb. 29, 2000

Feb. 29, 2000

90

MINUTE ORDER: by Magistrate Judge J. K. Arnold; settlement was reached on all issues except pl's motion for atty fees; case is referred back to Judge Robert J. Bryan for further proceedings (cc: counsel, Judge) (EC) (Entered: 03/09/2000)

March 9, 2000

March 9, 2000

91

ORDER by Judge Robert J. Bryan DIRECTING the Clerk of Court to enter a Statistical Termination. **SEE ORDER FOR DETAILS** case termed. (cc: counsel, Judge) (CAR) (Entered: 03/16/2000)

March 16, 2000

March 16, 2000

Case Details

State / Territory: Washington

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Olmstead Cases

Key Dates

Filing Date: Jan. 12, 1999

Closing Date: Aug. 14, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Developmentally disabled individuals residing at Western State Hospital or who had or were in danger or being placed in the facility and two advocacy organizations.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Western State Hospital (Lakewood, Pierce), State

State of Washington (Olympia, Thurston), State

State of Washington Department of Social & Health Services (Olympia, Thurston), State

State of Washington Department of Social & Health Services (Olympia, Thurston), State

State of Washington Department of Social & Health Services (Olympia, Thurston), State

Office of Financial Management of the State of Washington (Olympia, Thurston), State

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Monetary Relief

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

Issues

Benefit Source:

Medicaid