Case: Haldane v. Hammond

2:15-cv-01810 | U.S. District Court for the Western District of Washington

Filed Date: Nov. 17, 2015

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On November 17, 2015, four prisoners in Washington state brought a class action lawsuit against the state's Chief Medical Officer of the Department of Corrections (DOC) and the Secretary of the DOC under 42 U.S.C. § 1983 for allegedly arbitrarily withholding necessary medical care from patients with serious and painful medical conditions. The prisoners, who went untreated or under-treated for serious ailments, including kidney failure, kidney stones, hernia, and chronic and substantial pain, al…

On November 17, 2015, four prisoners in Washington state brought a class action lawsuit against the state's Chief Medical Officer of the Department of Corrections (DOC) and the Secretary of the DOC under 42 U.S.C. § 1983 for allegedly arbitrarily withholding necessary medical care from patients with serious and painful medical conditions. The prisoners, who went untreated or under-treated for serious ailments, including kidney failure, kidney stones, hernia, and chronic and substantial pain, alleged that the denial of care while incarcerated constituted cruel and unusual punishment forbidden by the Eighth Amendment. The Washington DOC only administered direct medical care for "medically necessary" conditions. All others required approval by a Department of Corrections Care Review Committee (CRC) consisting of doctors and other medical professionals across the state. Of all petitions for care, about 60% were being denied by the CRC. And complaints of chronic and substantial pain were ignored.

The plaintiffs sought (1) a declaration that the Washington DOC's policies and practices governing the approval of medical care requests by DOC providers and outside specialists violate the Eighth Amendment; (2) a preliminary and permanent injunction restraining the DOC from denying, without reasonable medical justification, necessary care for class members' serious medical needs; and (3) reasonable attorney's fees. The plaintiffs also sought to certify the following class: "All current and future prisoners, incarcerated under the jurisdiction of the Washington Department of Corrections, whose access to necessary medical care has been denied, or will be subject to denial, under the Department’s policies and practices governing access to health care requiring prior approval."

Judge Richard A. Jones denied class certification on September 18, 2017, holding that the proposed class lacked the necessary commonality for class certification. The court found that the plaintiffs had "not adequately identified common policies and practices to show that Defendants were deliberately indifferent to inmates’ needs." The plaintiffs sought to appeal the decision, but the Ninth Circuit denied their petition to appeal on December 21, 2017.

The plaintiffs filed to amend the complaint in March 2018 to reflect a new Secretary of the DOC. Later in June 2018, the plaintiffs filed a motion to stay the proceedings of the case for six months while the parties tried to resolve the case. The motion stated that the DOC revised the Offender Health Plan. Days later, the court granted an order to dismiss one of the named plaintiffs and refused to stay the case, opting instead to vacate the trial date for six months. In December 2018, the court pushed the trial date even further, settling on September 2019.

On January 14, 2019, the court granted requests from two plaintiffs for dismissal, leaving only one remaining plaintiff. Three months later, in March 2019, the final plaintiff moved to terminate the case. The court granted the dismissal of the party and in turn closed the case on March 27, 2019 as no plaintiffs remained. It is unknown why the plaintiffs voluntarily dismissed and the case is now closed.

Summary Authors

Dan Hofman (2/18/2016)

Virginia Weeks (3/15/2018)

Richa Bijlani (11/25/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4411716/parties/haldane-v-hammond-md/


Judge(s)
Attorney for Plaintiff

Allen, Nicholas B. (Washington)

Balson, Hank L. (Washington)

Attorney for Defendant

Anderson, Austin W. (Washington)

Barbara, Scott M (Washington)

Brinckerhoff, Matthew D. (Washington)

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Documents in the Clearinghouse

Document

2:15-cv-01810

Docket [PACER]

March 27, 2019

March 27, 2019

Docket
1

2:15-cv-01810

Complaint [class action]

Nov. 17, 2015

Nov. 17, 2015

Complaint
125

2:15-cv-01810

Order

Haldane v. Hammond, MD

Sept. 18, 2017

Sept. 18, 2017

Order/Opinion
141

2:15-cv-01810

First Amended Complain

March 21, 2018

March 21, 2018

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4411716/haldane-v-hammond-md/

Last updated Dec. 3, 2025, 6:21 a.m.

ECF Number Description Date Link Date / Link
1

1983 PRISONER CIVIL RIGHTS COMPLAINT against defendant(s) G Steven Hammond, MD, Dan Pacholke, filed by Leeshawn Redic, Wendel Johnson, Daniel Haldane, Timothy Martin. (Summons(es) issued) (Receipt # SEA074804) (Attachments: # 1 Civil Cover Sheet, # 2 Email from Filer)(ST) (Entered: 11/18/2015)

1 Civil Cover Sheet

View on PACER

2 Email from Filer

View on PACER

Nov. 17, 2015

Nov. 17, 2015

RECAP
5

CASE ASSIGNMENT LETTER (ST) (Entered: 11/18/2015)

Nov. 17, 2015

Nov. 17, 2015

RECAP

Summons Issued

Nov. 18, 2015

Nov. 18, 2015

6

DECLARATION of Service of Summons & Class Action Complaint upon Defendant G. Steven Hammond by Plaintiffs Daniel Haldane, Wendel Johnson, Timothy Martin, Leeshawn Redic (Lee, Melissa) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

RECAP
7

DECLARATION of Service of Summons & Class Action Complaint upon Defendant Dan Pacholke by Plaintiffs Daniel Haldane, Wendel Johnson, Timothy Martin, Leeshawn Redic (Lee, Melissa) (Entered: 11/30/2015)

Nov. 30, 2015

Nov. 30, 2015

8

NOTICE of Appearance by attorney Timothy Norman Lang on behalf of Defendants G Steven Hammond, MD, Dan Pacholke. (Lang, Timothy) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

Add and Terminate Attorneys

Dec. 7, 2015

Dec. 7, 2015

9

ANSWER to 1 Complaint, with JURY DEMAND by G Steven Hammond, MD, Dan Pacholke.(Lang, Timothy) (Entered: 12/21/2015)

Dec. 21, 2015

Dec. 21, 2015

RECAP
10

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT. FRCP 26f Conference Deadline is 1/13/2016, Initial Disclosure Deadline is 1/20/2016, Joint Status Report due by 1/27/2016, by Judge Richard A. Jones. (VE) (Entered: 12/30/2015)

Dec. 30, 2015

Dec. 30, 2015

11

Joint Status Report

Jan. 27, 2016

Jan. 27, 2016

12

Scheduling Order

Feb. 1, 2016

Feb. 1, 2016

13

Stipulation

Feb. 29, 2016

Feb. 29, 2016

14

1 - Order

March 16, 2016

March 16, 2016

15

Stipulated Motion

April 5, 2016

April 5, 2016

16

Declaration

April 5, 2016

April 5, 2016

Set/Reset Deadlines AND Terminate Motions (Public, notice to parties)

April 7, 2016

April 7, 2016

17

Protective Order

May 5, 2016

May 5, 2016

18

Declaration

May 5, 2016

May 5, 2016

19

Acknowledgment of Service

May 12, 2016

May 12, 2016

20

Acknowledgment of Service

May 12, 2016

May 12, 2016

21

Response to Motion

May 18, 2016

May 18, 2016

22

Declaration

May 18, 2016

May 18, 2016

23

Compel

May 19, 2016

May 19, 2016

24

Declaration

May 19, 2016

May 19, 2016

25

Reply to Response to Motion

May 20, 2016

May 20, 2016

26

Notice-Other

May 26, 2016

May 26, 2016

27

Notice-Other

May 27, 2016

May 27, 2016

28

Response to Motion

May 31, 2016

May 31, 2016

29

Declaration

May 31, 2016

May 31, 2016

30

Declaration

May 31, 2016

May 31, 2016

31

Declaration

May 31, 2016

May 31, 2016

32

Reply to Response to Motion

June 3, 2016

June 3, 2016

33

Declaration

June 3, 2016

June 3, 2016

34

Stipulated Motion

June 23, 2016

June 23, 2016

35

Declaration

June 23, 2016

June 23, 2016

Terminate Motions (Public, notice to parties)

July 5, 2016

July 5, 2016

36

Order on Motion for Protective Order AND Order on Motion to Compel

July 29, 2016

July 29, 2016

37

Letter

Aug. 2, 2016

Aug. 2, 2016

38

Stipulation

Aug. 11, 2016

Aug. 11, 2016

39

1 - Order

Aug. 12, 2016

Aug. 12, 2016

40

Stipulation

Aug. 17, 2016

Aug. 17, 2016

41

Protective Order

Aug. 19, 2016

Aug. 19, 2016

42

Notice of Withdrawal of Counsel

Oct. 5, 2016

Oct. 5, 2016

43

Stipulated Motion

Oct. 26, 2016

Oct. 26, 2016

44

Order on Stipulated Motion

Nov. 2, 2016

Nov. 2, 2016

45

Stipulated Motion

Nov. 28, 2016

Nov. 28, 2016

46

~Util - Terminate Motions AND 2 - Minute Order

Nov. 29, 2016

Nov. 29, 2016

47

Certify Class

Dec. 2, 2016

Dec. 2, 2016

48

Declaration

Dec. 3, 2016

Dec. 3, 2016

49

Declaration

Dec. 3, 2016

Dec. 3, 2016

50

Declaration

Dec. 3, 2016

Dec. 3, 2016

51

Declaration

Dec. 3, 2016

Dec. 3, 2016

52

Declaration

Dec. 3, 2016

Dec. 3, 2016

53

Declaration

Dec. 3, 2016

Dec. 3, 2016

54

Declaration

Dec. 3, 2016

Dec. 3, 2016

55

Declaration

Dec. 3, 2016

Dec. 3, 2016

56

Declaration

Dec. 3, 2016

Dec. 3, 2016

57

Declaration

Dec. 3, 2016

Dec. 3, 2016

58

Declaration

Dec. 3, 2016

Dec. 3, 2016

59

Declaration

Dec. 3, 2016

Dec. 3, 2016

60

Declaration

Dec. 3, 2016

Dec. 3, 2016

61

Declaration

Dec. 3, 2016

Dec. 3, 2016

62

Declaration

Dec. 3, 2016

Dec. 3, 2016

63

Declaration

Dec. 3, 2016

Dec. 3, 2016

64

Declaration

Dec. 3, 2016

Dec. 3, 2016

65

Declaration

Dec. 3, 2016

Dec. 3, 2016

66

Declaration

Dec. 3, 2016

Dec. 3, 2016

67

Declaration

Dec. 3, 2016

Dec. 3, 2016

68

Declaration

Dec. 3, 2016

Dec. 3, 2016

69

Declaration

Dec. 3, 2016

Dec. 3, 2016

70

Declaration

Dec. 3, 2016

Dec. 3, 2016

71

Declaration

Dec. 3, 2016

Dec. 3, 2016

72

Declaration

Dec. 3, 2016

Dec. 3, 2016

73

Declaration

Dec. 3, 2016

Dec. 3, 2016

74

Declaration

Dec. 3, 2016

Dec. 3, 2016

75

Declaration

Dec. 3, 2016

Dec. 3, 2016

76

Declaration

Dec. 3, 2016

Dec. 3, 2016

77

Declaration

Dec. 3, 2016

Dec. 3, 2016

78

Declaration

Dec. 3, 2016

Dec. 3, 2016

79

Proposed Order (Unsigned)

Dec. 3, 2016

Dec. 3, 2016

80

Certificate of Service

Dec. 3, 2016

Dec. 3, 2016

81

Certify Class

Dec. 5, 2016

Dec. 5, 2016

Notice of Docket Text Modification

Dec. 5, 2016

Dec. 5, 2016

82

Praecipe to Attach Document

Jan. 6, 2017

Jan. 6, 2017

83

Stipulated Motion

Jan. 20, 2017

Jan. 20, 2017

Terminate Motions (Public, notice to parties) AND Set/Reset Deadlines AND Set/Reset Motion Noting Date (Public, notice to parties)

Jan. 20, 2017

Jan. 20, 2017

84

Notice of Withdrawal of Counsel

Jan. 30, 2017

Jan. 30, 2017

85

Notice of Appearance

Jan. 31, 2017

Jan. 31, 2017

Add and Terminate Attorneys

Jan. 31, 2017

Jan. 31, 2017

86

Letter

March 7, 2017

March 7, 2017

87

Praecipe-Other

March 17, 2017

March 17, 2017

88

Letter

March 20, 2017

March 20, 2017

89

Letter

March 30, 2017

March 30, 2017

90

Response to Motion

April 17, 2017

April 17, 2017

91

Declaration

April 17, 2017

April 17, 2017

92

Declaration

April 17, 2017

April 17, 2017

93

Declaration

April 17, 2017

April 17, 2017

94

Declaration

April 17, 2017

April 17, 2017

95

Declaration

April 17, 2017

April 17, 2017

96

Declaration

April 17, 2017

April 17, 2017

Case Details

State / Territory:

Washington

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 17, 2015

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals incarcerated in the state of Washington who were denied certain kinds of medical diagnosis and treatment by the state Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Columbia Legal Services (formerly Evergreen)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Chief Medical Officer (Tumwater, Thurston), State

Secretary of Corrections (Tumwater, Thurston), State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Western District of Washington 2:15-cv-01810

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Conditions of confinement

Medical/Mental Health Care:

Medical care, general

Untreated pain