Case: A.B. v. Washington Department of Social and Health Services

2:14-cv-01178 | U.S. District Court for the Western District of Washington

Filed Date: Aug. 4, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 4, 2014, advocates for A.B. and other legally incompetent criminal defendants in county jails in Washington State filed a lawsuit in the U.S. District Court for the Western District of Washington. The plaintiffs sued the Washington Department of Social and Health Services under 42 U.S.C. § 1983; the Americans with Disabilities Act, 42 U.S.C §§ 12111 et seq.; and the Declaratory Judgment Act, 28 U.S.C. § 2201. They sought both injunctive and declaratory relief. The plaintiffs alleged t…

On August 4, 2014, advocates for A.B. and other legally incompetent criminal defendants in county jails in Washington State filed a lawsuit in the U.S. District Court for the Western District of Washington. The plaintiffs sued the Washington Department of Social and Health Services under 42 U.S.C. § 1983; the Americans with Disabilities Act, 42 U.S.C §§ 12111 et seq.; and the Declaratory Judgment Act, 28 U.S.C. § 2201. They sought both injunctive and declaratory relief.

The plaintiffs alleged that the rights of A.B. and similarly situated persons were violated by the delay between being deemed legally incompetent and being transferred to a mental health facility. In response to a prior order for immediate transfer of A.B. to a mental health facility, the State explained that the state-run facility that they ordinarily utilized for legally incompetent defendants such as A.B. did not have enough physical bed space to promptly treat every patient. The State argued it was under no deadline to transport legally incompetent defendants for treatment. The plaintiffs, on the other hand, argued that the State's failure to adhere to a seven-day deadline imposed by Washington law, RCWA 10.77.220, constituted cruel and unusual punishment and violated both the Fourteenth Amendment and the Americans with Disabilities Act. On September 12, 2014, the plaintiffs amended their complaint, added three additional named plaintiffs, and sought class certification. The court granted the class certification.

On November 6, 2014, the plaintiffs moved for summary judgment and a declaration that the defendants' conduct had violated the due process rights of the named plaintiffs and class members. On December 22, 2014, the court declared:

The Due Process Clause protects the liberty interests of individuals to be free from incarceration absent a criminal conviction, and to receive restorative treatment when they are being incarcerated due to mental incompetence. Defendants' failure to provide timely services to these detainees has caused them to be incarcerated, sometimes for months, in conditions that erode their mental health, causing harm and making it even less likely that they will eventually be able to stand trial. Because this failure violates the due process rights of criminal defendants who are mentally ill or suspected to be mentally ill, the Court grants Plaintiffs' motion and declares that Defendants have violated their constitutional rights.
2014 WL 7338747 at *1.

There was a seven-day bench trial in March 2015. The court heard facts to determine what amount of time legally incompetent detainees could be made to wait for transfer to a mental health facility without experiencing a violation of their due process rights.

On April 2, 2015, the court issued findings of fact and conclusions of law and ordered the defendants to stop violating the class members' constitutional rights by providing timely competency evaluation and restoration services. The court also entered a permanent injunction requiring the provision of competency services within seven days. The court appointed a monitor to ensure that progress toward the timely provision of services was being made. 101 F. Supp. 3d 1010 (W.D. Wash. 2015).

Subsequently, the defendants asked the court to modify the permanent injunction in four ways. On May 6, 2015, the court modified the permanent injunction to allow for a good cause exception to the seven-day timeframe for class members ordered to receive competency services at state hospitals where a class member’s health prevented them from being medically cleared to be transported, despite the defendants’ good faith efforts. The court denied the defendants’ other requests for modification.

On June 22, 2015, the court granted in part and denied in part the plaintiffs' motion for attorneys' fees and costs. The court awarded $1,303,169 in fees and costs. The defendants also appealed this decision.

The defendants appealed the December 2014 grant of summary judgment to the plaintiffs, the court's judgment, the permanent injunction, and the denial of the defendants' motion to modify the injunction. While the appeal was pending, the defendants again asked the district court to modify the permanent injunction. On February 8, 2016, the district court modified the permanent injunction and extended the defendants’ compliance deadline to May 27, 2016, along with other minor changes.

At two different points, the plaintiffs moved for temporary restraining orders due to safety issues at two different facilities: Yakima Competency Restoration Center and Maple Lane Competency Restoration Program.

First, on March 17, 2016, the plaintiffs moved for an order temporarily restraining the defendant from assigning class members to receive restoration treatment at the Yakima Competency Restoration Center. They claimed that the partially renovated jail was unsafe and violated the court’s orders, as the class members are to be provided services in a state psychiatric hospital or a facility that is therapeutically comparable to the hospital. After considering the motion, defendants’ response, the plaintiffs’ subsequent reply, oral arguments, and findings from a court visit to the facility, on April 12, 2016, the court granted in part plaintiffs’ motion. The court found that there were unacceptable risks of irreparable harm to class members and staff posed by the facility’s staircase and its seclusion and restraint room. The court explained that these spaces presented an opportunity for suicide, especially given that the facility did not have a clear policy on the use of seclusion and restraint. However, the court agreed with the defendants that immediately closing the Yakima program would not be in the best interest of the class members or the public. Thus, the court issued a modified temporary restraining order prohibiting use of the facility’s second floor and seclusion and restraint room unless and until the risks presented are remediated. Per the plaintiffs’ subsequent motions, the court extended the temporary restraining order twice (April 24 and May 10, 2016), leaving it in effect until May 20, 2016. On May 20, 2016, the court lifted the portion of the order restricting use of the seclusion and restraint room. On June 29, 2016, the parties entered a stipulated agreement regarding use of the facility, specifying that the facility had been modified consistently with the court order. On June 30, 2016, the court issued an order stating that the court agrees that there is no further restriction on the use of the stairwell, and that the stairwell and second floor of the facility may be used freely.

Second, on May 19, 2016, the plaintiffs moved for a temporary restraining order enjoining DSHA and its Maple Lane contractors from exposing plaintiffs to an unsafe stairwell at the Maple Lane facility. On June 6, 2016, the court granted the motion with some modification. The court ordered that no members may access the second floor until the staircase risks have been remediated, except for in one wing of the facility in which remediation efforts were completed. On June 7, 2016, the defendants submitted proof of compliance at the facility; they explained that remediation efforts for the rest of the staircases had been completed. On June 10, 2016, the court lifted the temporary restraining order.

Meanwhile, the issue of timeframe for conducting evaluations was being considered on appeal. On May 6, 2016, the Court of Appeals for the Ninth Circuit issued an opinion regarding the timeframe for conducting competency evaluations. 822 F.3d 1037. The court agreed with the district court that DSHS must conduct the evaluations “within a reasonable time following a court’s order,” but found that the seven-day mandate “imposes a temporal obligation beyond what the Constitution requires.” The court therefore vacated the injunction with respect to the seven-day requirement and remanded to the district court to amend the injunction.

The plaintiffs moved the court several times to find the defendants in civil contempt of its prior court orders. On May 10, 2016, the plaintiffs withdrew a previous civil contempt motion (dated May 5) and made a new motion. The plaintiffs claimed that the defendants failed to meet important compliance deadlines and were not on track to meet the court’s amended compliance deadline of May 27, 2016. Despite court orders, the plaintiffs claimed that the defendants failed to provide timely competency services. On May 26, 2016, the plaintiffs moved the court to find the defendants in contempt for failing to comply with the court’s order to admit class members to state hospitals for competency evaluations within seven days of a court order.

On June 2 the plaintiffs filed a motion to reconsider the scope of the injunction regarding in-jail evaluations. The plaintiffs claimed that a 10-day requirement for completing jail-based competency requirements serves all legitimate state interests regarding timely completion. On June 30, 2016, the defendants filed a motion to reconsider the scope of the injunction regarding timing of services and inpatient evaluations.

On July 7, 2016, the court issued an order of civil contempt. The court imposed monetary sanctions on the defendants, to be continued until the defendants complied by providing timely services. The court issued many money judgments regarding the civil contempt payments throughout the litigation. On December 20, 2016, the court granted the parties’ joint motion to amend the monetary fines imposed as contempt sanctions, ordering a single judgment for $7,486,500 in sanctions to date. After this date, the court made more money judgments.

On August 15, 2016, the court issued an order modifying the permanent injunction as to in-jail competency evaluations. The court considered this matter on remand from the Ninth Circuit. The court modified the injunction to require in-jail competency evaluations to be completed within fourteen days of the signing of a court order.

On August 17, 2016, the court issued an order denying defendants’ motion to reconsider the order of civil contempt in all respects except with regard to a transcription error. On August 19, 2016, the court issued an order denying the defendants’ motion to reconsider the injunction regarding timing of services and inpatient evaluations.

On September 14, 2016, the defendants appealed the judgment and order modifying the permanent injunction as to in jail competency evaluations, and the order denying their motion to reconsider the injunction regarding timing of services and inpatient evaluations.

On October 13, 2016, the court granted plaintiffs’ second motion for attorney’s fees and costs, awarding plaintiffs $1,267,769.10 in attorneys fees, and $35,400.38 in litigation costs (subject to reductions previously detailed in the original order on attorneys’ fees). On November 14, 2016, the defendants appealed this order.

On February 1, 2017, at the direction of the court, the defendants submitted a proposed compliance plan. The plan details how DSHS would admit class members to receive competency evaluations, treatment services, and in-custody evaluation services. The plan includes proposals to increase competency evaluation capacity, expand bed capacity for inpatient competency services, and diversion and triage, and it also addresses various recommendations that had been made by the plaintiffs.

On February 21, 2017, the court issued an order expanding the court monitor’s authority and responsibilities.

Meanwhile, the parties had been engaging in mediation regarding the issues on appeal to the Ninth Circuit. On February 15, 2017, the parties informed the Ninth Circuit that they resolved the matter contingent on district court approval of their settlement. On February 23, 2017, the appeal was remanded to the district court for consideration of the settlement. On March 17, 2017, the parties made a joint motion to adopt the mediated settlement agreement. The parties’ agreement includes the following principles: the parties will jointly generate outreach documents to inform courts of their obligations regarding timing of services; DSHS shall complete in-jail competency evaluations within either 14 days from receipt of order (or 21 days from signature or order); DSHS shall admit class members for inpatient competency evaluation or restoration within 7 days from receipt of order (or 14 days from signature of order); orders will be deemed received as of the time they are electronically transmitted; the defendants will continue to track the data.

On April 26, 2017, the court partially adopted the parties' mediated settlement agreement. Specifically, the court adopted the provisions of the proposed settlement agreement concerning outreach, the deadline for in-jail competency evaluations, the deadline for in-patient evaluation and restoration services, receipt of order, the trigger point for notice to plaintiffs' counsel, and the defendants' data collection. Additionally, the court modified the prior orders of the court in order to conform with this new agreement.

On August 30, 2017, the court granted in part and denied in part the plaintiffs' third motion for attorney’s fees and costs, awarding plaintiffs $1,108,351.50 in attorneys fees, and $8,270.45 in litigation costs. The defendants appealed this order on September 27, 2017.

On October 19, 2017, the court issued an order on the plaintiffs' second motion for civil contempt. The court found that the defendants were in contempt of court, as they had failed to: comply with the court’s orders requiring the timely completion of in-jail competency evaluations, take all reasonable steps to reduce wait times for in-jail competency evaluations, hire sufficient staff to timely respond to the demand for in-jail competency services, diversify the types of medical professionals serving class members, and secure sufficient temporary contracted staff to respond to unanticipated increases in evaluation orders. The court noted that it would continue to impose monetary sanctions, as well as a reporting requirement in order to facilitate payment of the contempt fines.

In December 2017, the defendants voluntarily dismissed their appeals of the court's attorney’s fees and costs awards.

On January 12, 2018, the parties submitted an agreement resolving the pending motions and setting up a settlement negotiation process. Throughout 2017 and 2018, the court continued to issue many money judgments regarding the civil contempt payments.

On March 28, 2018, the court granted the parties' stipulated motion for attorneys' fees and costs, awarding the plaintiffs $444,473.46 in total. The court awarded an additional $263,006.60 in attorneys' fees and $3,571.80 in costs on October 4, 2018, as well as an additional $290,181.00 in attorneys' fees and $763.21 in costs on January 3, 2019.

After filing a motion for preliminary approval of a settlement agreement on August 16, 2018, the parties filed an amended settlement agreement on October 25, 2018. The agreement covered the substantive areas of competency evaluation; competency restoration; crisis triage and diversion supports; education and training; and workforce development. The agreement required the State to support and work to achieve legislative changes to reduce the number of people ordered into competency evaluation and restoration, and to use community-based restoration services. The agreement contained three implementation phases, focusing on various regions. Additionally, the defendants agreed to use a sustainable oversight structure to inform and provide supervision for high-level policymaking, planning, and decision-making on targeted issues. The parties also asked the court to suspend the entry of judgments for continuing contempt fines beginning December 1, 2018 (except those fines accumulated under the court's order regarding jail-based evaluations). Finally, the agreement's terms would remain in effect until the defendants achieve substantial compliance with its various requirements.

On November 1, the court issued its order for preliminary approval of the settlement agreement. Following a fairness hearing on December 11, the court issued its final approval of the settlement agreement. The court directed the parties to submit quarterly reports on the implementation beginning in April 2019.

On March 11, 2019, the parties filed with the court a preliminary implementation plan for the settlement agreement. This preliminary plan will be subject to refinement and will eventually result in a final implementation plan.

The April 2019 implementation report noted the passage of several legislative enactments that would create greater diversion opportunities for class members and reduce the number of individuals ordered into competency evaluation and restoration services. The report also noted that the State had created several work groups and committees to implement the agreement. There were no overdue or incomplete action steps within the preliminary implementation plan. Finally, the report noted that implementation efforts will expand substantially during the second half of 2019.

As of August 13, 2020, the court is holding periodic status conferences, the State is continuing to report compliance data, monitoring is ongoing, and the court continues to issue monthly monetary contempt judgments against the defendants.

Summary Authors

Anna Dimon (2/19/2015)

Jessica Kincaid (2/26/2016)

Julie Singer (4/1/2017)

Eva Richardson (5/27/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4411438/parties/trueblood-v-washington-state-department-of-health-and-human-services/


Judge(s)

McKeown, M. Margaret (California)

Pechman, Marsha J. (Washington)

Attorneys(s) for Plaintiff

Baker, La Rond (Washington)

Carlson, David R. (Washington)

Carney, Christopher Robert (Washington)

Chen, Margaret (Washington)

Cooper, Emily (Washington)

Daugaard, Lisa M. (Connecticut)

Dunne, Sarah A. (Washington)

Erickson, Jessica Marie (Washington)

Judge(s)

McKeown, M. Margaret (California)

Pechman, Marsha J. (Washington)

Attorneys(s) for Plaintiff

Baker, La Rond (Washington)

Carlson, David R. (Washington)

Carney, Christopher Robert (Washington)

Chen, Margaret (Washington)

Cooper, Emily (Washington)

Daugaard, Lisa M. (Connecticut)

Dunne, Sarah A. (Washington)

Erickson, Jessica Marie (Washington)

Gillespie, Sean P (Washington)

Guy, Anna Catherine (Washington)

Isitt, Kenan (Washington)

Khandelwal, Anita (Washington)

Leonard, Elizabeth A. (Washington)

Mosolf, Kimberly Ann (Washington)

Pence, Braden Cyrus (Washington)

Polaski, Alexa Helen (Washington)

Ziser, Gregory K. (Washington)

Attorneys(s) for Defendant

Bradley, Michael (Washington)

Coats, Sarah (Washington)

Head, Randy C. (Washington)

Leaders, Amber L. (Washington)

McIlhenny, John K (Washington)

Pavela, Marko (Washington)

Williamson, Nicholas A (Washington)

Other Attorney(s)

Biviano, Andrew Sean (Washington)

Kingman, P. Grace (Washington)

Documents in the Clearinghouse

Document

2:14-cv-01178

Docket [PACER]

Trueblood v. Washington Department of Social and Health Services

Aug. 3, 2020

Aug. 3, 2020

Docket
1

2:14-cv-01178

Complaint

Aug. 4, 2014

Aug. 4, 2014

Complaint
24

2:14-cv-01178

Second Amended Complaint for Injunctive and Declaratory Relief - Class Action

Sept. 12, 2014

Sept. 12, 2014

Complaint
41

2:14-cv-01178

Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction

Oct. 3, 2014

Oct. 3, 2014

Pleading / Motion / Brief
84

2:14-cv-01178

Stipulation and Order Certifying Class

Oct. 31, 2014

Oct. 31, 2014

Order/Opinion
104

2:14-cv-01178

Order Granting Plaintiff's Motion for Summary Judgment

73 F.Supp.3d 1311, 2014 WL 7338747

Dec. 22, 2014

Dec. 22, 2014

Order/Opinion
131

2:14-cv-01178

Findings of Fact and Conclusions of Law

Trueblood v. Washington Department of Social and Health Services

101 F.Supp.3d 1010

April 2, 2015

April 2, 2015

Order/Opinion
153

2:14-cv-01178

Order on Defendants' Motion for Clarification and Reconsideration

Trueblood v. Washington Department of Social and Health Services

May 6, 2015

May 6, 2015

Order/Opinion
162

2:14-cv-01178

Order on Plaintiffs' Motion for Attorney's Fees and Costs

Trueblood v. Washington Department of Social and Health Services

June 22, 2015

June 22, 2015

Order/Opinion
186

2:14-cv-01178

Order Modifying Permanent Injunction

Trueblood v. Washington Department of Social and Health Services

2016 WL 4533611

Feb. 8, 2016

Feb. 8, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4411438/trueblood-v-washington-state-department-of-health-and-human-services/

Last updated Aug. 5, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) All Defendants (Receipt # 0981-3692059), filed by Cassie Cordell Trueblood, Snohomish County Public Defender Association.(Pence, Braden) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

RECAP

Add and Terminate Judges

Aug. 4, 2014

Aug. 4, 2014

PACER
2

Emergency MOTION for Preliminary Injunction and Temporary Restraining Order by Plaintiffs Snohomish County Public Defender Association, Cassie Cordell Trueblood. Oral Argument Requested. Noting Date 8/7/2014, (Pence, Braden) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER
3

DECLARATION of Plaintiff Cassie Cordell Trueblood filed by Plaintiff Cassie Cordell Trueblood re 2 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Pence, Braden) (Entered: 08/04/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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Aug. 4, 2014

Aug. 4, 2014

PACER
4

CIVIL COVER SHEET re 1 Complaint ; filed by Plaintiffs Snohomish County Public Defender Association, Cassie Cordell Trueblood.. (Pence, Braden) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER

Judge Marsha J. Pechman added. (MKB)

Aug. 4, 2014

Aug. 4, 2014

PACER
5

PROPOSED ORDER (Unsigned) re 2 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order (Pence, Braden) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER
6

NOTICE of Appearance by attorney Sarah Jane Coats on behalf of Defendants Ron Alder, Kevin W. Quigley, Brian Waiblinger, Washington State Department of Social and Human Services, Western State Hospital. (Coats, Sarah) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

RECAP
7

RESPONSE, by Defendants Ron Alder, Kevin W. Quigley, Brian Waiblinger, Washington State Department of Social and Human Services, Western State Hospital, to 2 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order. (Coats, Sarah) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
8

DECLARATION of Sarah J. Coats filed by Defendants Ron Alder, Kevin W. Quigley, Brian Waiblinger, Washington State Department of Social and Human Services, Western State Hospital re 2 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order (Attachments: # 1 Exhibit A)(Coats, Sarah) (Entered: 08/06/2014)

1 Exhibit A

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Aug. 6, 2014

Aug. 6, 2014

PACER
9

DECLARATION of Victoria Roberts filed by Defendants Ron Alder, Kevin W. Quigley, Brian Waiblinger, Washington State Department of Social and Human Services, Western State Hospital re 2 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order (Coats, Sarah) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
10

DECLARATION of Dr. Brian Waiblinger filed by Defendants Ron Alder, Kevin W. Quigley, Brian Waiblinger, Washington State Department of Social and Human Services, Western State Hospital re 2 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order (Coats, Sarah) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
11

DECLARATION of Amber L. Leaders filed by Defendants Ron Alder, Kevin W. Quigley, Brian Waiblinger, Washington State Department of Social and Human Services, Western State Hospital re 2 Emergency MOTION for Preliminary Injunction and Temporary Restraining Order (Attachments: # 1 Exhibit A)(Coats, Sarah) (Entered: 08/06/2014)

1 Exhibit A

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Aug. 6, 2014

Aug. 6, 2014

PACER
12

AMENDED COMPLAINT CLASS ACTION against defendant(s) All Defendants, filed by Cassie Cordell Trueblood, Snohomish County Public Defender Association. (Attachments: # 1 Certificate of Service)(Pence, Braden) (Entered: 08/07/2014)

1 Certificate of Service

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Aug. 7, 2014

Aug. 7, 2014

PACER
13

Amended MOTION for Preliminary Injunction and Temporary Restraining Order by Plaintiffs Snohomish County Public Defender Association, Cassie Cordell Trueblood. Oral Argument Requested. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) Noting Date 8/7/2014, (Pence, Braden) (Entered: 08/07/2014)

1 Proposed Order

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2 Certificate of Service

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Aug. 7, 2014

Aug. 7, 2014

PACER
14

DECLARATION of Pence filed by Plaintiffs Snohomish County Public Defender Association, Cassie Cordell Trueblood re 13 Amended MOTION for Preliminary Injunction and Temporary Restraining Order (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Pence, Braden) (Entered: 08/07/2014)

1 Exhibit 1

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2 Certificate of Service

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Aug. 7, 2014

Aug. 7, 2014

PACER
15

ORDER Denying Plaintiffs' 2 Motion for Preliminary Injunction and 13 Amended Motion for Preliminary Injunction by Judge Marsha J. Pechman.(LMK) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
16

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: Braden Pence, Jason Schwarz; Def Counsel: Sarah Coats, Amber Leaders, Eric Nelson; CR: Debbie Zurn; TRO Hearing held on 8/7/2014. Oral argument presented. For the reasons stated orally, Plaintiffs' Motion for Preliminary Injunction is denied. (RM) (Entered: 08/08/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
17

NOTICE of Appearance by attorney Sarah A Dunne on behalf of Plaintiffs Snohomish County Public Defender Association, Cassie Cordell Trueblood. (Dunne, Sarah) (Entered: 08/22/2014)

Aug. 22, 2014

Aug. 22, 2014

PACER
18

Agreed MOTION to Substitute Attorney by Plaintiffs Snohomish County Public Defender Association, Cassie Cordell Trueblood. (Attachments: # 1 Proposed Order) Noting Date 8/22/2014, (Dunne, Sarah) (Entered: 08/22/2014)

1 Proposed Order

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Aug. 22, 2014

Aug. 22, 2014

PACER
19

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 10/14/2014, FRCP 26f Conference Deadline is 9/30/2014, Initial Disclosure Deadline is 10/7/2014, by Judge Marsha J. Pechman. (RM) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
20

NOTICE of Appearance by attorney Nicholas A Williamson on behalf of Defendants Ron Alder, Kevin W. Quigley, Brian Waiblinger, Washington State Department of Social and Human Services, Western State Hospital. (Williamson, Nicholas) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
21

ORDER granting 18 Plaintiffs' Motion to Substitute Attorney. Added attorney Anita Khandelwal,Christopher Robert Carney,Sean P Gillespie for Snohomish County Public Defender Association,for Cassie Cordell Trueblood. Attorney Braden C Pence terminated, by Judge Marsha J. Pechman.(MD) (Entered: 09/04/2014)

Sept. 3, 2014

Sept. 3, 2014

PACER
22

Stipulated MOTION to Amend Complaint by Plaintiff Cassie Cordell Trueblood. (Attachments: # 1 Proposed Second Amended Complaint) Noting Date 9/10/2014, (Carney, Christopher) (Entered: 09/10/2014)

1 Proposed Second Amended Complaint

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Sept. 10, 2014

Sept. 10, 2014

PACER
23

ORDER granting 22 Stipulated Motion to amend by Judge Marsha J. Pechman.(MD) (Entered: 09/12/2014)

Sept. 11, 2014

Sept. 11, 2014

PACER
24

Second AMENDED COMPLAINT for Injunctive and Declaratory Relief against defendant(s) Western State Hospital, Eastern State Hospital, Dorothy Sawyer, Washington State Department of Social and Health Services, Kevin Quigley, Ron Adler, filed by A.B., K.R., Disability Rights Washington, D.D., Q.M..(Dunne, Sarah) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

RECAP
25

CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by A.B., D.D., Disability Rights Washington, K.R., Q.M. (Dunne, Sarah) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
26

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 8/7/2014 before Judge Marsha J. Pechman.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 12/11/2014, (DZ) (Entered: 09/12/2014)

Sept. 12, 2014

Sept. 12, 2014

PACER
27

PRAECIPE TO ISSUE SUMMONS by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M. (Attachments: # 1 Summons Adler, # 2 Summons Western State Hospital, # 3 Summons Quigley, # 4 Summons DSHS, # 5 Summons Sawyer, # 6 Summons Eastern State Hospital)(Dunne, Sarah) (Entered: 09/15/2014)

1 Summons Adler

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2 Summons Western State Hospital

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3 Summons Quigley

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4 Summons DSHS

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5 Summons Sawyer

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6 Summons Eastern State Hospital

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Sept. 15, 2014

Sept. 15, 2014

PACER
28

Summons Issued and Mailed to Pltf's cnsl- Sarah Dunne for service as to defendant(s) Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Washington State Department of Social and Health Services, Western State Hospital. (MD) Modified on 9/16/2014 (MD). (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
29

NOTICE of Appearance by attorney Sarah Jane Coats on behalf of Defendants Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Brian Waiblinger, Washington State Department of Social and Health Services, Western State Hospital. (Coats, Sarah) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
30

MINUTE ORDER: At the request of the parties, an extension of time to file the joint status report is granted. The report will be due on 11/14/2014. All other FRCP 26-related deadlines are adjusted accordingly. Failure to adhere to these deadlines may result in sanctions, up to and including dismissal of this action. Authorized by Judge Marsha J. Pechman.(RM) (Entered: 09/30/2014)

Sept. 30, 2014

Sept. 30, 2014

PACER
31

WAIVER OF SERVICE of summons upon defendant Ron Alder mailed on 9/19/2014; Eastern State Hospital mailed on 9/19/2014; Kevin W. Quigley mailed on 9/19/2014; Dorothy Sawyer mailed on 9/19/2014; Washington State Department of Social and Health Services mailed on 9/19/2014; Western State Hospital mailed on 9/19/2014 (Attachments: # 1 Quigley Waiver, # 2 Sawyer Waiver, # 3 DSHS Waiver, # 4 ESH Waiver, # 5 WSH Waiver)(Dunne, Sarah) (Entered: 09/30/2014)

1 Quigley Waiver

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2 Sawyer Waiver

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3 DSHS Waiver

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4 ESH Waiver

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5 WSH Waiver

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Sept. 30, 2014

Sept. 30, 2014

PACER
32

STIPULATION AND PROPOSED ORDER TO FILE DOCUMENTS UNDER SEAL by parties (Cooper, Emily) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
33

DECLARATION OF EMILY COOPER re 32 Stipulation by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood (Cooper, Emily) (Entered: 10/02/2014)

Oct. 2, 2014

Oct. 2, 2014

PACER
34

MOTION to Certify Class by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood. Oral Argument Requested. Noting Date 10/6/2014, (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

RECAP

Set/Reset Motion Noting Date

Oct. 3, 2014

Oct. 3, 2014

PACER
35

DECLARATION of Christopher Carney filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 34 MOTION to Certify Class (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
36

PROPOSED ORDER (Unsigned) re 34 MOTION to Certify Class (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
37

DECLARATION of David Carlson filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 34 MOTION to Certify Class (Attachments: # 1 Exhibit A-B)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A-B

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
38

DECLARATION of Mark Stroh filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 34 MOTION to Certify Class (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
39

DECLARATION of Sarah Dunne filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 34 MOTION to Certify Class (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
40

DECLARATION of Anita Khandelwal filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 34 MOTION to Certify Class (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
41

MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 10/6/2014, (Carlson, David) (Entered: 10/03/2014)

1 Proposed Order

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
42

DECLARATION of Judy Snow filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A-G, # 2 Exhibit H-L, # 3 Exhibit M-N)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A-G

View on PACER

2 Exhibit H-L

View on PACER

3 Exhibit M-N

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
43

DECLARATION of David Carlson filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
44

DECLARATION of Mary Kay High filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
45

DECLARATION of Daron Morris filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-H)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A-E

View on PACER

2 Exhibit F-H

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
46

DECLARATION of Gordon Karlsson filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
47

DECLARATION of Kari Reardon filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
48

DECLARATION of Melissa Parker filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A-B)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A-B

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
49

DECLARATION of Marilyn Roberts filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A-C)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A-C

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
50

DECLARATION of Terry Kupers filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
51

DECLARATION of Cassie Trueblood filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A-D)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A-D

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
52

DECLARATION of Kathryn McCormick filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
53

DECLARATION of Michael Stanfill filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
54

DECLARATION of Andrea Crumpler filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A-F)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A-F

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
55

DECLARATION of Ben Goldsmith filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A-E)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A-E

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
56

DECLARATION of Kristina Ray filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
57

DECLARATION of Emily Cooper filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A-C, # 2 Exhibit H-L)(Carlson, David) (Entered: 10/03/2014)

1 Exhibit A-C

View on PACER

2 Exhibit H-L

View on PACER

Oct. 3, 2014

Oct. 3, 2014

PACER
58

SEALED DOCUMENT Declaration of Emily Cooper Exhibits D-G by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 30 Minute Order, Set Deadlines,, (Carlson, David) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
59

STIPULATION AND ORDER re 32 Stipulation to file documents under seal filed by K.R., A.B., Q.M., Cassie Cordell Trueblood, Disability Rights Washington, D.D. by Judge Marsha J. Pechman. (MD) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
60

RESPONSE, by Defendants Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Washington State Department of Social and Health Services, Western State Hospital, to 41 MOTION for Temporary Restraining Order and Preliminary Injunction, 34 MOTION to Certify Class . (McIlhenny, John) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER

Noting Date Set/Reset re 34 MOTION to Certify Class : RE-Noting Date 10/31/2014- See Local Rule. (MD)

Oct. 3, 2014

Oct. 3, 2014

PACER
61

DECLARATION of Victoria Roberts by Defendants Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Brian Waiblinger, Washington State Department of Social and Health Services, Western State Hospital (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Coats, Sarah) (Entered: 10/06/2014)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

Oct. 6, 2014

Oct. 6, 2014

PACER
62

DECLARATION of Amber L. Leaders by Defendants Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Brian Waiblinger, Washington State Department of Social and Health Services, Western State Hospital (Attachments: # 1 Exhibit, # 2 Exhibit)(Coats, Sarah) (Entered: 10/06/2014)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

Oct. 6, 2014

Oct. 6, 2014

PACER
63

DECLARATION of Dorothy Sawyer by Defendants Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Brian Waiblinger, Washington State Department of Social and Health Services, Western State Hospital (Coats, Sarah) (Entered: 10/06/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
64

DECLARATION of Brian Waiblinger by Defendants Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Brian Waiblinger, Washington State Department of Social and Health Services, Western State Hospital (Coats, Sarah) (Entered: 10/06/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
65

RESPONSE, by Defendants Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Brian Waiblinger, Washington State Department of Social and Health Services, Western State Hospital, to 41 MOTION for Temporary Restraining Order and Preliminary Injunction. (Coats, Sarah) (Entered: 10/06/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
66

NOTICE of Hearing 41 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood. Oral Argument Requested. (Attachments: # 1 Proposed Order). ORAL ARGUMENT/TRO Hearing set for 10/8/2014 at 10:30 AM in Courtroom 14206 before Judge Marsha J. Pechman. Each side is allowed 20 minutes for argument, including rebuttal. (RM) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
67

REPLY, filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood, TO RESPONSE to 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Carlson, David) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
68

DECLARATION of Emily Cooper filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Carlson, David) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
69

DECLARATION of David Lord filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Carlson, David) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
70

DECLARATION of Todd Carlisle filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M., Cassie Cordell Trueblood re 41 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit A)(Carlson, David) (Entered: 10/07/2014)

1 Exhibit A

View on PACER

Oct. 7, 2014

Oct. 7, 2014

PACER
71

EXHIBIT C To Declaration Amber Leaders re 62 Declaration (non motion), by Defendants Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Washington State Department of Social and Health Services, Western State Hospital (Coats, Sarah) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
72

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: David Carlson, Sarah Dunne, Christopher Carney, Margaret Chen, Emily Cooper; Def Counsel: John McIlhenny, Amber Leaders, Nicholas Williamson, Tim Hunter; CR: Debbie Zurn; TRO Hearing held on 10/8/2014 41 MOTION for Temporary Restraining Order and Preliminary Injunction. After oral argument and for the reasons stated orally, the Court DENIES the motion for TRO. The Court will grant an accelerated trial date and the parties are directed to submit a joint status report no later than 10/20/2014. A scheduling conference is set for 10/22/2014 at 04:00 PM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
73

NOTICE of rescheduled hearing: Status Hearing set for 10/22/2014 at 02:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. (RM) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER
74

JOINT STATUS REPORT signed by all parties estimated Trial Days: 6 - 10. (Dunne, Sarah) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
75

NOTICE of Appearance by attorney La Rond Baker on behalf of Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M.. (Baker, La Rond) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
76

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 10/8/2014 before Judge Marsha J. Pechman.Parties have ten (10) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/20/2015, (DZ) (Entered: 10/22/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER
77

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller; Pla Counsel: David Carlson, Sarah Dunne, Anita Khandelwal, Christopher Carney; Def Counsel: Sarah Coats, John McIlhenney, Victoria Roberts, Tim Hunter, Amber Leaders, Nicholas Williamson; CR: Nancy Bauer; Scheduling Conference held on 10/22/2014. After hearing from the parties, the Court sets a trial date of 3/16/2015. Parties are directed to meet and confer and submit a proposed scheduling order for pretrial deadlines by close of business 10/27/2014. (RM) (Entered: 10/27/2014)

Oct. 22, 2014

Oct. 22, 2014

PACER

Add and Terminate Attorneys

Oct. 23, 2014

Oct. 23, 2014

PACER

Attorney Kenan Lee Isitt for A.B., for D.D., for Disability Rights Washington, for K.R., for Q.M., for Snohomish County Public Defender Association, for Cassie Cordell Trueblood added; per 75 Notice of Appearance. (TM)

Oct. 23, 2014

Oct. 23, 2014

PACER
78

STIPULATION AND PROPOSED ORDER re. Scheduling by parties (Dunne, Sarah) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
79

RESPONSE, by Defendants Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Washington State Department of Social and Health Services, Western State Hospital, to 34 MOTION to Certify Class . (Leaders, Amber) (Entered: 10/27/2014)

Oct. 27, 2014

Oct. 27, 2014

PACER
80

DECLARATION of Brain Waiblinger re 79 Response to Motion by Defendants Ron Alder, Eastern State Hospital, Kevin W. Quigley, Dorothy Sawyer, Brian Waiblinger, Washington State Department of Social and Health Services, Western State Hospital (Coats, Sarah) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
81

STIPULATION AND PROPOSED ORDER Regarding Voluntary Dismissal of ADA Claim by parties (Dunne, Sarah) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER

Set/Reset Trial Date and Related Deadlines

Oct. 30, 2014

Oct. 30, 2014

PACER

Bench Trial is set for 3/16/2015 before Judge Marsha J. Pechman. Joinder of Parties due by 11/19/2014, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/16/2014, Discovery completed by 1/28/2015, Dispositive motions due by 11/21/2014, Amended Pleadings due by 11/21/2014, Settlement Conference set for 2/23/2015 before Judge Marsha J. Pechman. Motions in Limine due by 2/17/2015, Agreed Pretrial Order due by 2/25/2015, Pretrial Conference set for 3/6/2015 before Judge Marsha J. Pechman. Rebuttal Expert Disclosure/Reports due by 1/12/2015, Trial briefs to be submitted by 3/9/2015, Plaintiffs Pretrial Statement due by 2/2/2015, Defendants Pretrial Statement due by 2/9/2015, Conference of Attorneys completed by 2/12/2015, Oppositions to Motions in Limine due by 2/24/2015 by Judge Marsha J. Pechman. (TM)

Oct. 30, 2014

Oct. 30, 2014

PACER
82

NOTICE of Voluntary Dismissal as to party(s) Q.M. (by and through his next friend Kathryn McCormick), filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Q.M.. (Dunne, Sarah) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

PACER

Docket Annotation

Oct. 30, 2014

Oct. 30, 2014

PACER

Per Stipulation and Proposed Order 81 the Americans with Disabilities Act Claim is dismissed (RS)

Oct. 30, 2014

Oct. 30, 2014

PACER
83

STIPULATION AND PROPOSED ORDER Certifying Class by parties (Dunne, Sarah) (Entered: 10/30/2014)

Oct. 30, 2014

Oct. 30, 2014

PACER
84

ORDER re 83 Stipulation certifying class filed by K.R., A.B., Disability Rights Washington, D.D. by Judge Marsha J. Pechman. (MD) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
85

AMENDED ORDER SETTING TRIAL DATE AND RELATED DATES; Bench Trial is set for 3/16/2015 at 09:00 AM before Judge Marsha J. Pechman. Joinder of Parties due by 11/19/2014, Amended Pleadings due by 11/21/2014, Rebuttal Expert Disclosure/Reports due by 1/12/2015, Motions due by 1/8/2015, Discovery completed by 1/28/2015, Dispositive motions due by 11/21/2014, Plaintiffs pretrial statement to defts LR 16(h) due 2/2/15; Defendants Pretrial Statement to Plaintiffs LR 16(i) due 2/9/15; LR16(k) pretrial conference of parties due 2/12/15; Motions in Limine due by 2/17/2015, Oppositions to motions in limine must be filed by 2/24/15; Pretrial Order due by 2/25/2015, Trial briefs to be submitted by 3/4/2015, Proposed Findings of Fact and Conclusions of Law to be submitted by 3/4/2015, Pretrial Conference set for 3/6/2015 at 01:30 PM before Judge Marsha J. Pechman. by Judge Marsha J. Pechman. (MD) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
86

NOTICE of Appearance by attorney Anna Catherine Guy on behalf of Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Cassie Cordell Trueblood. (Guy, Anna) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER

Add and Terminate Attorneys

Nov. 5, 2014

Nov. 5, 2014

PACER

Attorney La Rond Baker for Cassie Cordell Trueblood added; per 86 Notice of Appearance. (TM)

Nov. 5, 2014

Nov. 5, 2014

PACER
87

MOTION for Summary Judgment by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Cassie Cordell Trueblood. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 12/5/2014, (Cooper, Emily) (Entered: 11/06/2014)

1 Proposed Order

View on PACER

Nov. 6, 2014

Nov. 6, 2014

PACER
88

DECLARATION of Emily Cooper filed by Plaintiffs A.B., D.D., Disability Rights Washington, K.R., Cassie Cordell Trueblood re 87 MOTION for Summary Judgment (Attachments: # 1 Exhibit A-G, # 2 Exhibit H-K)(Cooper, Emily) (Entered: 11/06/2014)

1 Exhibit A-G

View on PACER

2 Exhibit H-K

View on PACER

Nov. 6, 2014

Nov. 6, 2014

PACER

Case Details

State / Territory: Washington

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 4, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individuals with mental health disabilities in city and county jails in Washington.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The Washington State Department of Social and Human Services (Olympia), State

The Washington State Department of Social and Human Services (Lakewood), State

The Washington State Department of Social and Human Services (Medical Lake), State

Defendant Type(s):

Corrections

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 1,303,169

Order Duration: 2015 - None

Content of Injunction:

Goals (e.g., for hiring, admissions)

Monitoring

Preliminary relief granted

Reporting

Issues

General:

Administrative segregation

Classification / placement

Confinement/isolation

Improper treatment of mentally ill suspects

Neglect by staff

Placement in detention facilities

Reassessment and care planning

Record-keeping

Timeliness of case assignment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general