Case: Teamsters Local Union No. 117 v. Washington State Department of Corrections

3:11-cv-05760 | U.S. District Court for the Western District of Washington

Filed Date: Sept. 21, 2011

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On September 21, 2011, the Teamsters Local Union, No. 117 ("Local 117") filed this lawsuit in the US District Court for the Western District of Washington on behalf of the union members who worked for the Washington Department of Corrections. The plaintiff sued the Washington State Department of Corrections ("DOC") for violating Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000e, et seq. More than thirty days prior to the institution of this lawsuit, the plaintiff …

On September 21, 2011, the Teamsters Local Union, No. 117 ("Local 117") filed this lawsuit in the US District Court for the Western District of Washington on behalf of the union members who worked for the Washington Department of Corrections. The plaintiff sued the Washington State Department of Corrections ("DOC") for violating Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sections 2000e, et seq. More than thirty days prior to the institution of this lawsuit, the plaintiff filed charges of unlawful discrimination with the Equal Employment Opportunity Commission ("EEOC"), alleging that defendant violated Title VII. Local 117 is the exclusive certified bargaining representative of approximately 6,000 State employees employed by the DOC.

In July 2007, prior to the filing of this case, a lawsuit was filed on behalf of females inmates against DOC, alleging that certain staff had engaged in sexual misconduct ("the Jane Doe lawsuit"). The DOC responded to the Jane Doe lawsuit by conducting an investigation and hiring consultants to look at the issue. As a result of this investigation, the consultants hired by the DOC recommended increasing the number of female correctional officers in the women's correctional facilities. The consultants did not recommend decreasing the number of male correctional officers. The plaintiffs' experts in the Jane Doe case suggested that increasing the number of female correctional officers would limit the potential for sexual misconduct. Both the National Prison Rape Elimination Commission, the Department of Justice, and the National Institute of Corrections Information Center recommended increasing overall staffing levels at women's correctional facilities in order to improve safety.

In May 2008, the DOC submitted a request to the Washington State Human Rights Commission ("WSHRC") to designate numerous existing correctional officer positions at several women's correctional facilities as female-only, asserting that gender is a bona fide occupational qualification ("BFOQ") for those positions. In February 2009, the WSHRC approved DOC's request to designate the requested positions as female-only, and upon receipt of those approvals, the DOC indicated to Locall 117 its intent to designate the positions as female-only and began recruiting and reassigning employees accordingly.

In this lawsuit, Local 117 alleged that DOC failed to undertake any individualized analysis of each position before designating approximately 110 positions as female-only, and they further alleged that many of these positions were improperly designated as female-only. Local 117 alleged that, as a result, male correctional officers were discriminated against, such as being forced to transfer to less desirable positions and being skipped-over on overtime opportunities. In addition, the female staff were required to work more overtime hours.

Further, following the designation of additional female-only positions, DOC employees reported that violence against staff by inmates had increased, as had violence between inmates. DOC employees believed that a lack of male staff presence in the female living units has emboldened violent offenders to act out.

Both sides moved for summary judgment. On April 8, 2013, Judge Settle granted the defendant's motion for summary judgment and found the plaintiff's motion moot. 2013 WL 1412335 (W.D. Wash. Apr. 8, 2013).

On April 19, 2013, plaintiff appealed to the Ninth Circuit. On June 12, 2015, the Ninth Circuit filed an opinion affirming the trial court's decision. 789 F.3d 979 (9th Cir. 2015). The plaintiff filed petitions for rehearing en banc and panel rehearing, but the Ninth Circuit denied these petitions on August 5, 2015.

Summary Authors

Rachel June-Graber (10/20/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5176607/parties/teamsters-local-union-no-117-v-washington-state-department-of-corrections/


Judge(s)

McKeown, M. Margaret (California)

Settle, Benjamin Hale (Washington)

Attorneys(s) for Plaintiff

Iglitzin, Dmitri (Washington)

Smith II, James Varro (Washington)

Swedlow, Daniel A. (Washington)

Thal, Spencer Nathan (Washington)

Attorneys(s) for Defendant

Gonick, Peter B. (Washington)

Hanson, Kari (Washington)

Johnston, Stewart A. (Washington)

Larsen, Kara Anne (Washington)

Judge(s)

McKeown, M. Margaret (California)

Settle, Benjamin Hale (Washington)

Attorneys(s) for Plaintiff

Iglitzin, Dmitri (Washington)

Smith II, James Varro (Washington)

Swedlow, Daniel A. (Washington)

Thal, Spencer Nathan (Washington)

Attorneys(s) for Defendant

Gonick, Peter B. (Washington)

Hanson, Kari (Washington)

Johnston, Stewart A. (Washington)

Larsen, Kara Anne (Washington)

Lowy, Ohad M. (Washington)

Other Attorney(s)

Balson, Hank L. (Washington)

Chupp, Nancy S. (Washington)

Jordan Isley, Lori A. (Washington)

Lee, Melissa R (Washington)

Straley, Nicholas Broten (Washington)

Thornton, Gavin (Washington)

Documents in the Clearinghouse

Document

USCA Docket

U. S. Court of Appeals for the Ninth Circuit

June 23, 2015 Docket

Docket

June 23, 2015 Docket
1

Complaint for Declaratory Judgment and Injunctive Relief

Teamsters Local Union No 117 v. Washington Department of Corrections

Sept. 21, 2011 Complaint
39

Order Granting Defendant's Motion for Summary Judgment and Denying as Moot Intervenor's Motion for Summary Judgment

Teamsters Local Union No. 117 v. Washington Department of Corrections

2013 WL 1412335

April 8, 2013 Order/Opinion

USCA Opinion

U. S. Court of Appeals for the Ninth Circuit

789 F.3d 979, 2015 WL 3991942

June 12, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5176607/teamsters-local-union-no-117-v-washington-state-department-of-corrections/

Last updated May 20, 2022, 4:07 a.m.

ECF Number Description Date Link
1

COMPLAINT against defendant(s) Washington State DOC (Receipt # 0981−2564162), filed by Teamsters Local 117. (Attachments: # 1 Summons, # 2 Civil Cover Sheet)(Swedlow, Daniel) (Entered: 09/21/2011)

Sept. 21, 2011
39

ORDER by Judge Benjamin H Settle finding as moot 25 Motion for Summary Judgment; granting 26 Motion for Summary Judgment.(TG)

April 8, 2013 RECAP

Judge Benjamin H. Settle added. (DJ) (Entered: 09/22/2011)

Sept. 22, 2011

Summons issued via U.S. Postal Service as to defendant(s) Washington State Department of Corrections. (DJ) (Entered: 09/22/2011)

Sept. 22, 2011
2

MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Benjamin H Settle. (TG) (Entered: 09/23/2011)

Sept. 23, 2011
3

MINUTE ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Judge Benjamin H Settle: Joint Status Report due by 1/23/2012, FRCP 26f Conference Deadline is 1/3/2012, Initial Disclosure Deadline is 1/17/2012. (TG) (Entered: 09/23/2011)

Sept. 23, 2011
4

PRAECIPE TO ISSUE SUMMONS by Plaintiff Teamsters Local Union No 117. (MET) Summons issued at Seattle intake counter. (Entered: 09/28/2011)

Sept. 27, 2011
5

NOTICE of Appearance by attorney Kara Anne Larsen on behalf of Defendant Washington State Department of Corrections. (Larsen, Kara) (Entered: 10/06/2011)

Oct. 6, 2011
6

ANSWER to 1 Complaint by Washington State Department of Corrections. (Attachments: # 1 Certificate of Service)(Larsen, Kara) (Entered: 10/17/2011)

Oct. 17, 2011
7

NOTICE of Appearance by attorney Nicholas Broten Straley on behalf of Intervenor Defendant Jane Doe Class. (Straley, Nicholas) (Entered: 11/18/2011)

Nov. 18, 2011
8

Agreed MOTION to Intervene by Intervenor Defendant Jane Doe Class, Plaintiff Teamsters Local Union No 117, Defendant Washington State Department of Corrections. (Attachments: # 1 Proposed Order) Noting Date 11/18/2011, (Straley, Nicholas) (Entered: 11/18/2011)

Nov. 18, 2011
9

Agreed MOTION for Protective Order by Intervenor Defendant Jane Doe Class, Plaintiff Teamsters Local Union No 117, Defendant Washington State Department of Corrections. Noting Date 11/18/2011, (Straley, Nicholas) (Entered: 11/18/2011)

Nov. 18, 2011

Pursuant to parties' request, FRCP 26f Conference Deadline is 2/8/2012, Initial Disclosure Deadline is 2/22/2012, Joint Status Report due by 2/23/2012. (TG) (Entered: 11/21/2011)

Nov. 21, 2011
10

ORDER by Judge Benjamin H Settle granting 8 Motion to Intervene.(TG) (Entered: 12/02/2011)

Dec. 2, 2011
11

ANSWER to 1 Complaint by Jane Doe Class.(Straley, Nicholas) (Entered: 12/06/2011)

Dec. 6, 2011
12

ORDER by Judge Benjamin H Settle granting 9 Motion for Protective Order.(TG) (Entered: 12/07/2011)

Dec. 7, 2011

NOTICE TO ATTORNEYS NOT SIGNED UP ELECTRONICALLY (Kari Hanson and Stewart A Johnston): The docket reflects that you are not signed up to receive electronic notification of documents filed in this case and you must do so in order to receive said notification. (TG) (Entered: 12/07/2011)

Dec. 7, 2011
13

CERTIFICATE OF SERVICE by Intervenor Defendant Jane Doe Class re Intervenors' Initial Disclosures . (Straley, Nicholas) (Entered: 02/22/2012)

Feb. 22, 2012

Set/Reset Deadlines: Joint Status Report due by 3/2/2012. (TG) (Entered: 02/27/2012)

Feb. 27, 2012
15

JOINT STATUS REPORT signed by all parties estimated Trial Days: 15.. (Attachments: # 1 Certificate of Service)(Swedlow, Daniel) (Entered: 03/02/2012)

March 2, 2012
16

MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES − *FIFTEEN DAY* Jury Trial is set for 2/5/2013 at 9:00 AM in Courtroom E before Judge Benjamin H. Settle. Joinder of Parties due by 4/6/2012, Amended Pleadings due by 4/17/2012, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/30/2012, Rebuttal Expert Disclosure/Reports due by 8/29/2012, Motions due by 9/10/2012, Discovery completed by 10/9/2012, Dispositive motions due by 11/7/2012, Settlement conference to be held by 12/7/2012, 39.1 mediation to be completed by 12/27/2012, Motions in Limine due by 12/31/2012, 39.1 Settlement Report due by 1/7/2013, Pretrial Order due by 1/14/2013, trial briefs/proposed voir dire/jury instructions due by 1/15/2013, Pretrial Conference set for 1/22/2013 at 10:00 AM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 03/07/2012)

March 7, 2012
17

AMENDED MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES − *FIFTEEN DAY* Bench Trial is set for 2/5/2013 at 9:00 AM in Courtroom E before Judge Benjamin H. Settle. Joinder of Parties due by 4/9/2012, Amended Pleadings due by 4/18/2012, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 7/30/2012, Rebuttal Expert Disclosure/Reports due by 8/29/2012, Motions due by 9/10/2012, Discovery completed by 10/9/2012, Dispositive motions due by 11/7/2012, Settlement conference to be held by 12/7/2012, 39.1 mediation to be completed by 12/27/2012, Motions in Limine due by 12/31/2012, 39.1 Settlement Report due by 1/7/2013, Pretrial Order due by 1/14/2013, Trial briefs to be submitted by 1/15/2013, Pretrial Conference set for 1/22/2013 at 10:00 AM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 03/08/2012)

March 8, 2012
18

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Gavin Keith Thornton for Intervenor Defendant Jane Doe Class. (Thornton, Gavin) (Entered: 06/20/2012)

June 20, 2012
19

PROPOSED ORDER (Unsigned) AGREED MOTION AND ORDER AMENDING PRETRIAL DATES . (Lee, Melissa) (Entered: 07/11/2012)

July 11, 2012

MINUTE ORDER: The parties have agreed to a three−month extension of the trial date and accompanying pretrial dates in this case. Accordingly, the trial date is RESET to 5/28/2013 at 09:00 AM before Judge Benjamin H Settle. The clerk will issue an amended scheduling order to reflect the new trial date and accompanying pretrial deadlines. (TG) (Entered: 07/20/2012)

July 20, 2012
20

MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES − *FIFTEEN DAY* Bench Trial is set for 5/28/2013 at 9:00 AM in Courtroom E before Judge Benjamin H. Settle. Joinder of Parties due by 8/20/2012, Amended Pleadings due by 8/30/2012, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/19/2012, Rebuttal Expert Disclosure/Reports due by 12/19/2012, Motions due by 12/31/2012, Discovery completed by 1/28/2013, Dispositive motions due by 2/27/2013, Settlement conference to be held by 3/29/2013, 39.1 mediation to be completed by 4/18/2013, Motions in Limine due by 4/22/2013, 39.1 Settlement Report due by 4/29/2013, Pretrial Order due by 5/6/2013, Trial briefs to be submitted by 5/7/2013, Pretrial Conference set for 5/13/2013 at 2:30 PM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 07/20/2012)

July 20, 2012
21

Agreed MOTION for Extension of Time to Complete Discovery by Intervenor Defendant Jane Doe Class, Plaintiff Teamsters Local Union No 117, Defendant Washington Department of Corrections. (Attachments: # 1 Proposed Order) Noting Date 12/27/2012, (Straley, Nicholas) (Entered: 12/27/2012)

Dec. 27, 2012
22

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Kari Hanson for Defendant Washington Department of Corrections. (Hanson, Kari) (Entered: 12/28/2012)

Dec. 28, 2012
23

STIPULATION AND ORDER by Judge Benjamin H Settle re 21 Agreed MOTION for Extension of Time to Complete Discovery filed by Jane Doe Class, Teamsters Local Union No 117, Washington Department of Corrections. Discovery completed by 1/28/2013 and 3/22/2013, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 1/14/2013, Rebuttal Expert Disclosure/Reports due by 2/13/2013. (TG) (Entered: 01/02/2013)

Jan. 2, 2013
24

MOTION for Leave to File Excess Pages by Intervenor Defendant Jane Doe Class. (Attachments: # 1 Appendix, # 2 Proposed Order) Noting Date 2/22/2013, (Lee, Melissa) (Entered: 02/22/2013)

Feb. 22, 2013
25

MOTION for Summary Judgment by Intervenor Defendant Jane Doe Class. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Proposed Order) Noting Date 3/22/2013, (Lee, Melissa) (Entered: 02/27/2013)

Feb. 27, 2013
26

MOTION for Summary Judgment by Defendant Washington Department of Corrections. Noting Date 3/22/2013, (Larsen, Kara) (Entered: 02/27/2013)

Feb. 27, 2013
27

DECLARATION of Kara A. Larsen filed by Defendant Washington Department of Corrections re 26 MOTION for Summary Judgment (Attachments: # 1 Exhibit A−B, # 2 Exhibit C−D pages 1−15, # 3 Exhibit D pages 16−55, # 4 Exhibit D pages 56−97, # 5 Exhibit D pages 98−140, # 6 Exhibit D pages 141−182, # 7 Exhibit D pages 183−227, # 8 Exhibit D pages 228−273, # 9 Exhibit D pages 274−315, # 10 Exhibit D pages 316−364, # 11 Exhibit D pages 365−422, # 12 Exhibit D pages 423−471, # 13 Exhibit D pages 472−515, # 14 Exhibit D pages 516−561, # 15 Exhibit D pages 562−613, # 16 Exhibit D pages 614−668, # 17 Exhibit D pages 669−710, # 18 Exhibit D pages 711−753, # 19 Exhibit D pages 754−793, # 20 Exhibit E, # 21 Exhibit F pages 1−15, # 22 Exhibit F pages 16−25, # 23 Exhibit F pages 26−38, # 24 Exhibit F pages 39−50, # 25 Exhibit F pages 51−68, # 26 Exhibit F pages 69−80, # 27 Exhibit F pages 81−86, # 28 Exhibit G−I)(Larsen, Kara) (Entered: 02/27/2013)

Feb. 27, 2013
28

DECLARATION of Emily J. Salisbury Ph.D. filed by Defendant Washington Department of Corrections re 26 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Larsen, Kara) (Entered: 02/27/2013)

Feb. 27, 2013
29

DECLARATION of Nicholas B. Straley filed by Intervenor Defendant Jane Doe Class re 25 MOTION for Summary Judgment (Lee, Melissa) (Entered: 02/27/2013)

Feb. 27, 2013
30

ORDER granting 24 Motion for Leave to File Excess Pages by Judge Benjamin H Settle.(TG) (Entered: 03/05/2013)

March 5, 2013
31

NOTICE of Appearance by attorney Ohad M Lowy on behalf of Defendant Washington Department of Corrections. (Lowy, Ohad) (Entered: 03/14/2013)

March 14, 2013
32

RESPONSE, by Plaintiff Teamsters Local Union No 117, to 26 MOTION for Summary Judgment , 25 MOTION for Summary Judgment . Oral Argument Requested. (Attachments: # 1 Certificate of Service)(Swedlow, Daniel) (Entered: 03/18/2013)

March 18, 2013
33

DECLARATION of Spencer Nathan Thal in Support of Plaintiff's Opposition to the Motions for Summary Judgment filed by Plaintiff Teamsters Local Union No 117 re 26 MOTION for Summary Judgment , 25 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1 − Payne Dep., # 2 Exhibit 2 − Vail Dep., # 3 Exhibit 3 − Cole Dep., # 4 Exhibit 4 − Gladwin Report, # 5 Exhibit 5 − Dr. Ewing Report, # 6 Exhibit 6 − McNabb Report, # 7 Exhibit 7 − Kelchner Report, # 8 Proposed Order)(Swedlow, Daniel) (Entered: 03/18/2013)

March 18, 2013
34

NOTICE of Appearance by attorney Spencer Nathan Thal on behalf of Plaintiff Teamsters Local Union No 117. (Thal, Spencer) (Entered: 03/22/2013)

March 22, 2013
35

REPLY, filed by Defendant Washington Department of Corrections, TO RESPONSE to 26 MOTION for Summary Judgment (Larsen, Kara) (Entered: 03/22/2013)

March 22, 2013
36

REPLY, filed by Intervenor Defendant Jane Doe Class, TO RESPONSE to 25 MOTION for Summary Judgment (Attachments: # 1 Certificate of Service, # 2 Exhibit)(Lee, Melissa) (Entered: 03/22/2013)

March 22, 2013
38

CERTIFICATE OF SERVICE by Intervenor Defendant Jane Doe Class re 37 Praecipe−Other . (Lee, Melissa) (Entered: 03/25/2013)

March 25, 2013
40

JUDGMENT BY COURT. (MGC) (Entered: 04/08/2013)

April 8, 2013
41

NOTICE OF APPEAL (13−35331) to Ninth Circuit re 40 Judgment by Court, 39 Order on Motion for Summary Judgment, by Plaintiff Teamsters Local Union No 117. Filing Fee $455, Receipt number 0981−3181173. (Thal, Spencer) Modified on 4/19/2013; added CCA case number (LMK). (Entered: 04/19/2013)

April 19, 2013
42

REPRESENTATION STATEMENT, by Plaintiff Teamsters Local Union No 117, (re: 41 Notice of Appeal.) (Thal, Spencer) (Entered: 04/19/2013)

April 19, 2013
43

TIME SCHEDULE ORDER (13−35331) as to 41 Notice of Appeal, filed by Teamsters Local Union No 117 : The schedule is set as follows: Mediation Questionnaire due on 04/26/2013. Appellant Teamsters Local Union No 117 opening brief due 07/29/2013. Appellees Jane Doe Class and Washington Department of Corrections answering brief due 08/27/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. (LMK) (Entered: 04/19/2013)

April 19, 2013
44

OPINION of USCA (NOT THE MANDATE 13−35331) as to 41 Notice of Appeal, filed by Teamsters Local Union No 117. AFFIRMED. (RE) (Entered: 06/12/2015)

June 12, 2015
45

ORDER of USCA (13−35331) as to 41 Notice of Appeal, filed by Teamsters Local Union No 117. Teamsters Local Union No. 117's motion for an extension of time to file its petition for rehearing en banc is GRANTED. The petition shall be filed on or before July 6, 2015. (RE) (Entered: 06/24/2015)

June 23, 2015

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Sept. 21, 2011

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is the Teamsters Local Union No. 117, which is a labor organization based in King County, Washington. Local 117 is the exclusive certified bargaining representative of approximately 6,000 State employees employed by the Washington State Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Washington State Department of Corrections (various , Thurston), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Issues

General:

Assault/abuse by staff

Sex w/ staff; sexual harassment by staff

Staff (number, training, qualifications, wages)

Discrimination-area:

Demotion

Hiring

Seniority

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Male

Type of Facility:

Government-run