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)

Jones, Richard A. (Washington)

Attorneys(s) for Plaintiff

Allen, Nicholas B. (Washington)

Balson, Hank L. (Washington)

Ehman, Merf E. (Washington)

Gunning, Kimberlee L (Washington)

Lee, Melissa R (Washington)

Straley, Nicholas Broten (Washington)

Taylor, Rhona (Washington)

Whedbee, David J. (Washington)

Wing, Jesse (Washington)

Judge(s)

Jones, Richard A. (Washington)

Attorneys(s) for Plaintiff

Allen, Nicholas B. (Washington)

Balson, Hank L. (Washington)

Ehman, Merf E. (Washington)

Gunning, Kimberlee L (Washington)

Lee, Melissa R (Washington)

Straley, Nicholas Broten (Washington)

Taylor, Rhona (Washington)

Whedbee, David J. (Washington)

Wing, Jesse (Washington)

Attorneys(s) for Defendant

Dibble, Candie M. (Washington)

Lang, Timothy Norman (Washington)

Williams, Aaron M. (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

March 27, 2019 Docket
1

Complaint [class action]

Nov. 17, 2015 Complaint
125

Order

Haldane v. Hammond, MD

Sept. 18, 2017 Order/Opinion
141

First Amended Complain

March 21, 2018 Complaint

Docket

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

Last updated May 11, 2022, 8 p.m.

ECF Number Description 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 RECAP
5

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

Nov. 17, 2015 RECAP
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 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 PACER
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 PACER
9

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

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 PACER
125

ORDER denying Plaintiffs' 47 , 81 Motion to Certify Class; finding as moot Intervenor Reginald Wayne Wilton's 114 Motion to Intervene; denying Defendants' 112 Surreply/Motion to Strike Portions Plaintiffs' Reply, signed by Judge Richard A Jones.**10 PAGE(S), PRINT ALL**(SWT)

Sept. 18, 2017 RECAP
151

Stipulated Motion

May 25, 2018 PACER
152

Stipulated Motion

June 7, 2018 PACER
153

Stipulation

June 12, 2018 PACER
154

Stipulated Motion

June 13, 2018 PACER
155

2 - Minute Order

June 14, 2018 PACER
156

Notice of Withdrawal of Counsel

July 30, 2018 PACER
157

Joint Status Report

Dec. 7, 2018 PACER
158

RAJ Minute Order Setting Trial Date & Related Dates(FORM)

Dec. 27, 2018 PACER
160

Dismiss Party

March 25, 2019 PACER

Terminate Civil Case

March 27, 2019 PACER

State / Territory: Washington

Case Type(s):

Prison Conditions

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Conditions of confinement

Medical/Mental Health:

Medical care, general

Untreated pain

Type of Facility:

Government-run