Case: Doe v. Grays Harbor County

3:17-cv-05186 | U.S. District Court for the Western District of Washington

Filed Date: March 14, 2017

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On March 14, 2017, a teenage boy who had formerly been in the Grays Harbor County Juvenile Detention Facility’s custody brought this lawsuit in the U.S. District Court for the Western District of Washington. (As the boy was a minor, his mother filed the complaint on his behalf.) The plaintiff sued Grays Harbor County for repeatedly putting him in solitary confinement for minor rule violations during his time at the juvenile detention facility. Represented by private counsel and the ACLU of Wash…

On March 14, 2017, a teenage boy who had formerly been in the Grays Harbor County Juvenile Detention Facility’s custody brought this lawsuit in the U.S. District Court for the Western District of Washington. (As the boy was a minor, his mother filed the complaint on his behalf.) The plaintiff sued Grays Harbor County for repeatedly putting him in solitary confinement for minor rule violations during his time at the juvenile detention facility. Represented by private counsel and the ACLU of Washington, the plaintiff sought damages, injunctive relief, and declaratory relief under 42 U.S.C. § 1983. He claimed that the county's actions were a violation of his due process rights under the Fourteenth Amendment and constituted cruel and unusual punishment in violation of the Eighth Amendment. The case was assigned to Judge Ronald B. Leighton.

After the close of discovery, settlement negotiations began, and the plaintiff was appointed a guardian ad litem to represent his best interests. On June 26, 2017, the guardian ad litem proposed a settlement agreement that required the county to pay the plaintiff $45,000 in general damages and revise its juvenile detention policies. The guardian ad litem also outlined a structured settlement plan in which the plaintiff would receive his damages in installments over the next three years, with much of the money unavailable until after he turned eighteen.

On October 13, 2017, the parties settled. The county agreed to pay $45,000 in damages, which it delivered in a lump sum to the plaintiff's lawyer. The county also agreed to pay for the guardian ad litem's time and the cost of the mediation that had already occurred. The settlement also required the county to revise its juvenile detention policy such that solitary confinement was only used in extreme circumstances and that the living conditions in solitary confinement were improved. The county agreed to have the revisions made and presented to the plaintiff by ninety days after the settlement date, the new training protocols related to the revised policy made and presented to the plaintiff by 120 days after the settlement date, and all juvenile detention center staff trained on the revised policy by December 1, 2017. The county was also required to provide refresher training in the revised policy to staff once every twelve months for an undetermined period of time, as well as provide the legal guardians of juvenile detainees with those detainees' files.

In return, the plaintiff agreed to dismiss all of the claims in the lawsuit with prejudice within thirty days of the county fulfilling its contractual duties to him. If a dispute arose, both parties agreed that it would be submitted to Paris K. Kallas, a former county judge from a different Washington county, for binding arbitration, and the losing party would pay attorneys costs and arbitration fees. Because the parties agreed to settle out of court, the plaintiff did not receive declaratory relief, and the first paragraph of the settlement stated that the county agreement was not an admission of the county's violation of any law or failure to fulfill any duty to the plaintiff.

On January 24, 2018, the plaintiff dismissed the case with prejudice. The plaintiff presumably continues to monitor the county's compliance with the injunction-like provisions of the settlement and may submit instances of noncompliance for arbitration. The settlement agreement does not state how long the county's obligations will be in effect; this issue may be resolved in arbitration if the plaintiff decides to bring it. The court no longer has jurisdiction, so the case is now closed.

Summary Authors

Rebecca Strauss (5/17/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6223254/parties/doe-v-grays-harbor-county/


Attorneys(s) for Plaintiff

Read, Jo-Hanna (Washington)

Attorneys(s) for Defendant

Kline, Kathleen A (Washington)

Michael, Suzanne Kelly (Washington)

Expert/Monitor/Master

Leighton, Ronald B. (Washington)

Talner, Nancy Lynn (Washington)

Whedbee, David J. (Washington)

Attorneys(s) for Plaintiff

Read, Jo-Hanna (Washington)

Attorneys(s) for Defendant

Kline, Kathleen A (Washington)

Michael, Suzanne Kelly (Washington)

Expert/Monitor/Master

Leighton, Ronald B. (Washington)

Talner, Nancy Lynn (Washington)

Whedbee, David J. (Washington)

Documents in the Clearinghouse

Document

3:17-cv-05186

Docket [PACER]

Jan. 25, 2018

Jan. 25, 2018

Docket
1

3:17-cv-05186

Complaint For Damages and Injunctive and Declaratory Relief Under 42 U.S.C. § 1983

Theresa Doe v. Grays Harbor County

March 14, 2017

March 14, 2017

Complaint
15-1

3:17-cv-05186

Exhibit 1: Report of Settlement Guardian Ad Litem

Nov. 9, 2017

Nov. 9, 2017

Pleading / Motion / Brief
15-5

3:17-cv-05186

Exhibit 5

Nov. 9, 2017

Nov. 9, 2017

Correspondence
15-3

3:17-cv-05186

Exhibit 3: Settlement Agreement and Releae

Nov. 9, 2017

Nov. 9, 2017

Settlement Agreement
18

3:17-cv-05186

Stipulated Order of Dismissal with Prejudice

Jan. 25, 2018

Jan. 25, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6223254/doe-v-grays-harbor-county/

Last updated May 31, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Damages and Injunctive and Declarative Relief Under 42 U.S.C. 1983 against All Defendants (Receipt # 0981-4804560) Attorney David J Whedbee added to party Theresa Doe(pty:pla), filed by Theresa Doe. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Whedbee, David) (Entered: 03/14/2017)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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March 14, 2017

March 14, 2017

RECAP

Judge Ronald B. Leighton added. (CMG)

March 15, 2017

March 15, 2017

PACER
2

(3) Summonses Issued electronically as to defendants Grays Harbor County, Gerald Murphy, and Greg Reynvaan. (Attachments: # 1 summons for Murphy, # 2 summons for Grays Harbor)(CMG) (Entered: 03/15/2017)

1 summons for Murphy

View on PACER

2 summons for Grays Harbor

View on PACER

March 15, 2017

March 15, 2017

PACER
3

ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Ronald B. Leighton. (DN) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
4

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 6/14/2017, FRCP 26f Conference Deadline is 5/31/2017, Initial Disclosure Deadline is 6/7/2017, by Judge Ronald B. Leighton. (DN) (Entered: 03/16/2017)

March 16, 2017

March 16, 2017

PACER
5

AFFIDAVIT of Service of Summons and Complaint on Grays Harbor County on 3/15/2017, filed by Plaintiff Theresa Doe. (Whedbee, David) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
6

AFFIDAVIT of Service of Summons and Complaint on Greg Reynvaan on 3/15/2017, filed by Plaintiff Theresa Doe. (Whedbee, David) (Entered: 03/17/2017)

March 17, 2017

March 17, 2017

PACER
7

NOTICE of Appearance by attorney Suzanne Kelly Michael on behalf of Defendants Grays Harbor County, Gerald Murphy, Greg Reynvaan. (Michael, Suzanne) (Entered: 03/20/2017)

March 20, 2017

March 20, 2017

PACER

Attorney Kathleen A Kline for Grays Harbor County, Gerald Murphy, and Greg Reynvaan added per the 7 Notice of Appearance filed by Suzanne Michael. (CMG)

March 20, 2017

March 20, 2017

PACER
8

ANSWER to 1 Complaint, for Injunctive and Declaratory Relief Attorney Suzanne Kelly Michael added to party John and Jane Does(pty:dft) by John and Jane Does, Grays Harbor County, Gerald Murphy, Greg Reynvaan.(Michael, Suzanne) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

RECAP
9

NOTICE from Mediator Paris K. Kallas, that on May 30, 2017, the parties participated in a mediation. This matter is now resolved. (Kallas, Paris) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
10

Unopposed MOTION to Appoint Settlement Guardian Ad Litem, filed by Plaintiff Theresa Doe. (Attachments: # 1 Proposed Order) Noting Date 6/16/2017, (Whedbee, David) (Entered: 06/16/2017)

1 Proposed Order

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June 16, 2017

June 16, 2017

PACER
11

DECLARATION of David Whedbee filed by Plaintiff Theresa Doe re 10 Unopposed MOTION to Appoint Settlement Guardian Ad Litem (Attachments: # 1 Exhibit)(Whedbee, David) (Entered: 06/16/2017)

1 Exhibit

View on PACER

June 16, 2017

June 16, 2017

PACER
12

ORDER granting 10 Motion to Appoint Guardian Ad Litem; signed signed by Judge Ronald B. Leighton.(DN) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
13

MINUTE ORDER on filing of dismissal papers; the parties will file dismissal papers by 11/17/17 or, if additional time is needed, please contact the Court; as directed by Judge Ronald B. Leighton. (DN) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
14

MOTION Approval of Minor Settlement, filed by Plaintiff Theresa Doe. (Attachments: # 1 Proposed Order) Noting Date 11/9/2017, (Whedbee, David) (Entered: 11/09/2017)

1 Proposed Order

View on PACER

Nov. 9, 2017

Nov. 9, 2017

PACER
15

DECLARATION of David Whedbee filed by Plaintiff Theresa Doe re 14 MOTION Approval of Minor Settlement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Whedbee, David) (Entered: 11/09/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

View on RECAP

4 Exhibit 4

View on RECAP

5 Exhibit 5

View on RECAP

6 Exhibit 6

View on RECAP

Nov. 9, 2017

Nov. 9, 2017

RECAP
16

ORDER granting 14 Motion Approving Minor Settlement on Behalf of Minor Child, M.D.; signed by Judge Ronald B. Leighton.(DN) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER

Case Details

State / Territory: Washington

Case Type(s):

Jail Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: March 14, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A teenage boy who was repeatedly put in solitary confinement for minor rule-breaking behavior while in the custody of the Grays Harbor County Juvenile Detention Facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Grays Harbor County (Tacoma, Grays Harbor), County

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

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $46,500

Order Duration: 2017 - None

Content of Injunction:

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

Recordkeeping

Reporting

Required disclosure

Training

Issues

General:

Assault/abuse by staff

Conditions of confinement

Disciplinary procedures

Failure to train

Juveniles

Record-keeping

Records Disclosure

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Type of Facility:

Government-run