Case: Bango v. Pierce County

3:17-cv-06002 | U.S. District Court for the Western District of Washington

Filed Date: Dec. 4, 2017

Closed Date: Oct. 29, 2018

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Case Summary

On December 4, 2017, two inmates of Pierce County Jail (PCJ) with mental health issues brought this class action lawsuit in the U.S. District Court for the Western District of Washington. The plaintiffs sued Pierce County and the Pierce County Sheriff’s Department under 42 U.S.C. §1983. The plaintiffs, represented by the ACLU of Washington, sought declaratory and injunctive relief as well as attorneys’ fees and costs. The case was assigned to Judge Ronald B. Leighton, and referred to Magistrate…

The plaintiffs claimed that the defendants violated their Eighth and Fourteenth Amendment rights, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. The complaint alleged that the defendants did not adequately screen for mental illness during the booking process or during incarceration, ignored clear signs of mental illness and requests for care and, and, as a result, routinely failed to document serious mental health symptoms, psychiatric medications, and treatment history. As such, the plaintiffs’ mental illnesses were allowed to progress unchecked, leading to hallucinations, delusions, and an increased risk of self-harm. The complaint also alleged that the defendants "routinely warehouse these individuals in solitary confinement for 21 to 24 hours a day," and that they have a formal written policy of placing people with “poor behavioral control due to a mental disorder” in “crisis cells” for 23 hours a day.

On December 21, 2017, after filing and withdrawing two motions to certify class, the plaintiffs filed a third motion to certify class, defining the class as: “All qualified individuals who have mental illnesses that are disabilities as defined in 42 U.S.C. §12102 and 29 U.S.C. §705(9)(B), and who are now, or will be in the future, incarcerated at the Pierce County Jail.”

On February 2, 2018, the defendants filed a motion to dismiss, among other claims, the plaintiffs' §1983 claim of inadequate mental health treatment. The defendants also argued that the plaintiffs lacked standing to bring their administration of psychiatric medication upon release claim because they fail to show the existence of an imminent injury.

On March 28, 2018, Judge Leighton granted in part the defendant’s motion to dismiss, dismissing the claims against the named agents of the county but retaining the claims against Pierce County and Pierce County Sheriff’s Department. On May 7, 2018, adopting a report and recommendation by Magistrate Judge Christel, Judge Leighton dismissed the complaint without prejudice for lack of standing.

On May 11, 2018, however, the plaintiffs filed a motion for reconsideration and relief from judgment, arguing that the court mistakenly dismissed the entirety of the complaint instead of the limited dismissal (one claim for lack of standing) sought by the defendants. On May 15, 2018, Judge Leighton granted the motion for reconsideration, saying that the dismissal was an inadvertent administrative error. The defendants filed their answer to the complaint with the court on May 12, 2018, and discovery continued.

On June 7, 2018, the defendants filed a motion to strike plaintiffs' motion for class certification. The motion alleged that plaintiffs' failed to comply with Federal Rule of Civil Procedure 23(c)(1)(A) and Local Civil Rule 23(i)(3) in their unilateral decision to re-note the motion to certify, resulting in a delay tactic that was prejudicial to the defendants. In an order issued on August 3, 2018, the court granted in part and denied in part the motion and additionally ruled against the plaintiffs on a pending discovery motion. The order specified that although the motion to certify was stricken, the class allegations would remain in the complaint and permitted the plaintiffs to file a motion requesting enlargement of time to file a renewed motion to certify. As such, the plaintiffs amended and renewed their motion for class certification on August 29, 2018.

After a period of discovery, Magistrate Judge David W. Christel issued his report and recommendations on the motion for class certification on October 15, 2018. He recommended that the certification be denied because plaintiffs had failed to meet the numerosity and commonality requirements. Additionally, he found that the plaintiffs failed to meet the requirements of Rule 23(b)(2), which requires that the defendant acted or refused to act on grounds that apply generally to the class, so that injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole. Here, there were too many disparate and individualized issues regarding mental health such that the class lacked cohesiveness.

On October 25, 2018, the parties jointly stipulated for dismissal with prejudice, with all parties bearing their own costs. The case officially closed on October 29, 2018.

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Summary Authors

Jake Parker (5/25/2018)

Alex Moody (5/27/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6459459/parties/bango-v-pierce-county-washington/

Judge(s)

Christel, David W. (Washington)

Attorney for Plaintiff

Cho, Eunice (Washington)

Davis, Antoinette Marie (Washington)

Fazio, Janelle Ellen Chase (Washington)

Attorney for Defendant

Cornelius, Frank (Washington)

Judge(s)

Christel, David W. (Washington)

Leighton, Ronald B. (Washington)

Attorney for Plaintiff

Cho, Eunice (Washington)

Davis, Antoinette Marie (Washington)

Fazio, Janelle Ellen Chase (Washington)

Mungia, Salvador A. (Washington)

Mungia, Sal (Washington)

Wolfe, Jessica (Washington)

Attorney for Defendant

Cornelius, Frank (Washington)

Luna-Green, Michelle (Washington)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:17-cv-06002	Docket [PACER]	Oct. 29, 2018	Oct. 29, 2018 Docket
1 3:17-cv-06002	Complaint - Class Action for Declaratory and Injunctive Relief	Dec. 4, 2017	Dec. 4, 2017 Complaint
41 3:17-cv-06002	Report and Recommendation	April 17, 2018	April 17, 2018 Magistrate Report/Recommendation 2018 WL 2108250
45 3:17-cv-06002	Plaintiffs' Motion for Clarification/Reconsideration and Relief From Judgment	May 11, 2018	May 11, 2018 Pleading / Motion / Brief
68 3:17-cv-06002	Order On Motion To Strike And Motion To Compel	Aug. 3, 2018	Aug. 3, 2018 Order/Opinion 2018 WL 3707843
105 3:17-cv-06002	Report and Recommendation	Oct. 15, 2018	Oct. 15, 2018 Magistrate Report/Recommendation

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6459459/bango-v-pierce-county-washington/

Last updated Aug. 4, 2025, 5:10 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT Class Action for Declaratory Relief and Injunctive Relief against defendant(s) All Plaintiffs (Receipt # 0981-5114105), filed by Donald Bango. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Pierce County, WA, # 3 Summons Bruce Dammeier, PC Executive, # 4 Summons PC Sheriff's Dept, # 5 Summons Paul A. Pastor, PC Sheriff, # 6 Summons Patti Jackson-Kidder - PC Chief of Corrections, # 7 Summons Janet Rhoton, PC Jail Mental Health Mgr)(Mungia, Sal) (Entered: 12/04/2017) 1 Civil Cover Sheet View on RECAP 2 Summons Pierce County, WA View on RECAP 3 Summons Bruce Dammeier, PC Executive View on RECAP 4 Summons PC Sheriff's Dept View on RECAP 5 Summons Paul A. Pastor, PC Sheriff View on RECAP 6 Summons Patti Jackson-Kidder - PC Chief of Corrections View on RECAP 7 Summons Janet Rhoton, PC Jail Mental Health Mgr View on RECAP	Dec. 4, 2017	Dec. 4, 2017 RECAP
2	MOTION to Certify Class, filed by Plaintiffs Scott Bailey, Donald Bango. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 1/5/2018, (Mungia, Sal) (Entered: 12/04/2017) 1 Proposed Order View on PACER	Dec. 4, 2017	Dec. 4, 2017 PACER
3	DECLARATION of Salvador Mungia filed by Plaintiffs Scott Bailey, Donald Bango re 2 MOTION to Certify Class (Mungia, Sal) (Entered: 12/04/2017)	Dec. 4, 2017	Dec. 4, 2017 PACER
4	DECLARATION of Emily Chiang filed by Plaintiffs Scott Bailey, Donald Bango re 2 MOTION to Certify Class (Mungia, Sal) (Entered: 12/04/2017)	Dec. 4, 2017	Dec. 4, 2017 PACER
5	NOTICE to Withdraw Pending Motion re 2 MOTION to Certify Class ; by Plaintiffs Scott Bailey, Donald Bango. (Mungia, Sal) (Entered: 12/06/2017)	Dec. 6, 2017	Dec. 6, 2017 PACER
	Add and Terminate Judges	Dec. 6, 2017	Dec. 6, 2017 PACER
	Case Assigned/Reassigned to Judge	Dec. 6, 2017	Dec. 6, 2017 PACER
6	MOTION to Certify Class, filed by Plaintiffs Scott Bailey, Donald Bango. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 1/5/2018, (Mungia, Sal) (Entered: 12/06/2017) 1 Proposed Order View on PACER	Dec. 6, 2017	Dec. 6, 2017 PACER
7	DECLARATION of Salvdora A. Mungia filed by Plaintiffs Scott Bailey, Donald Bango re 6 MOTION to Certify Class (Mungia, Sal) (Entered: 12/06/2017)	Dec. 6, 2017	Dec. 6, 2017 PACER
8	DECLARATION of Emily Chiang filed by Plaintiffs Scott Bailey, Donald Bango re 6 MOTION to Certify Class (Mungia, Sal) (Entered: 12/06/2017)	Dec. 6, 2017	Dec. 6, 2017 PACER
	Judge Ronald B. Leighton and Judge J Richard Creatura added. (SP)	Dec. 6, 2017	Dec. 6, 2017 PACER
	Case Referral Reassigned to Magistrate Judge David W. Christel. All future filings shall bear the following case number: 3:17-cv-06002-RBL-DWC. (SP)	Dec. 6, 2017	Dec. 6, 2017 PACER
9	Summons(es) Electronically Issued as to defendant(s) Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(SP) (Entered: 12/06/2017) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER	Dec. 6, 2017	Dec. 6, 2017 PACER
10	NOTICE of Appearance by attorney Michelle Luna-Green on behalf of Defendant Pierce County, Washington. (Luna-Green, Michelle) (Entered: 12/07/2017)	Dec. 7, 2017	Dec. 7, 2017 PACER
11	NOTICE of Appearance by attorney Michelle Luna-Green on behalf of Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Janet Rhoton. (Luna-Green, Michelle) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
12	WAIVER OF SERVICE of summons upon defendant Bruce Dammeier mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
13	WAIVER OF SERVICE of summons upon defendant Janet Rhoton mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
14	WAIVER OF SERVICE of summons upon defendant Patti Jackson-Kidder mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
15	WAIVER OF SERVICE of summons upon defendant Pierce County, Washington mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
16	WAIVER OF SERVICE of summons upon defendant Pierce County Sheriff's Department mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
17	WAIVER OF SERVICE of summons upon defendant Paul A Pastor mailed on 12/4/2017 (Luna-Green, Michelle) (Entered: 12/13/2017)	Dec. 13, 2017	Dec. 13, 2017 PACER
18	NOTICE to Withdraw Pending Motion re 6 MOTION to Certify Class ; by Plaintiffs Scott Bailey, Donald Bango. (Mungia, Sal) (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 PACER
19	STRICKEN PER 68 ORDER Motion to Certify Class, filed by Plaintiffs Scott Bailey, Donald Bango. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 1/26/2018, (Mungia, Sal) Modified on 8/3/2018 (GMR). (Main Document 19 replaced on 8/3/2018) (GMR). (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 PACER
20	DECLARATION of Emily Chiang filed by Plaintiffs Scott Bailey, Donald Bango re 19 MOTION to Certify Class (Mungia, Sal) (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 PACER
21	DECLARATION of Salvador A. Mungia filed by Plaintiffs Scott Bailey, Donald Bango re 19 MOTION to Certify Class (Mungia, Sal) (Entered: 12/21/2017)	Dec. 21, 2017	Dec. 21, 2017 PACER
22	MOTION to Continue Plaintiffs' Motion for Class Certification, filed by Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton. (Attachments: # 1 Proposed Order) Noting Date 1/12/2018, (Luna-Green, Michelle) (Entered: 01/04/2018) 1 Proposed Order View on PACER	Jan. 4, 2018	Jan. 4, 2018 PACER
23	DECLARATION of Michelle Luna-Green filed by Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton re 22 MOTION to Continue Plaintiffs' Motion for Class Certification (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Luna-Green, Michelle) (Entered: 01/04/2018) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER	Jan. 4, 2018	Jan. 4, 2018 PACER
24	NOTICE of Appearance by attorney Frank Cornelius on behalf of Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton. (Cornelius, Frank) (Entered: 01/05/2018)	Jan. 5, 2018	Jan. 5, 2018 PACER
25	NOTICE to Withdraw Pending Motion re 22 MOTION to Continue Plaintiffs' Motion for Class Certification ; by Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton. (Luna-Green, Michelle) (Entered: 01/10/2018)	Jan. 10, 2018	Jan. 10, 2018 PACER
26	NOTICE that the following is RE-NOTED: 19 MOTION to Certify Class . Filed by Plaintiffs Scott Bailey, Donald Bango. Noting Date 3/2/2018, (Mungia, Sal) (Entered: 01/11/2018)	Jan. 11, 2018	Jan. 11, 2018 PACER
27	MOTION to Dismiss, filed by Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton. (Attachments: # 1 Proposed Order) Noting Date 3/2/2018, (Cornelius, Frank) (Entered: 02/02/2018) 1 Proposed Order View on PACER	Feb. 2, 2018	Feb. 2, 2018 PACER
28	DECLARATION of Frank Cornelius filed by Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton re 27 MOTION to Dismiss (Cornelius, Frank) (Entered: 02/02/2018)	Feb. 2, 2018	Feb. 2, 2018 PACER
29	CERTIFICATE OF SERVICE by Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton re 27 MOTION to Dismiss, 28 Declaration of Frank Cornelius (Cornelius, Frank) (Entered: 02/02/2018)	Feb. 2, 2018	Feb. 2, 2018 PACER
30	STIPULATION AND PROPOSED ORDER to Continue Plaintiffs Motion for Class Certification by parties re 19 MOTION to Certify Class (Luna-Green, Michelle) (Entered: 02/26/2018)	Feb. 26, 2018	Feb. 26, 2018 PACER
31	RESPONSE, by Plaintiffs Scott Bailey, Donald Bango, to 27 MOTION to Dismiss . (Attachments: # 1 Proposed Order on Defendant's 12(b)(1) Motion to Dismiss)(Davis, Antoinette) (Entered: 02/26/2018) 1 Proposed Order on Defendant's 12(b)(1) Motion to Dismiss View on PACER	Feb. 26, 2018	Feb. 26, 2018 PACER
32	DECLARATION of Antoinette M. Davis filed by Plaintiffs Scott Bailey, Donald Bango re 27 MOTION to Dismiss (Attachments: # 1 Exhibit A-C)(Davis, Antoinette) (Entered: 02/26/2018) 1 Exhibit A-C View on PACER	Feb. 26, 2018	Feb. 26, 2018 PACER
33	STIPULATION AND ORDER re 30 Stipulation to continue: Plaintiffs' pending 19 MOTION to Certify Class shall be continued to Friday, 6/8/2018. Signed by Magistrate Judge David W. Christel. (CMG) Modified on 2/27/2018: corrected typo (CMG). (Entered: 02/27/2018)	Feb. 27, 2018	Feb. 27, 2018 PACER
34	REPLY, filed by Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton, TO RESPONSE to 27 MOTION to Dismiss (Luna-Green, Michelle) (Entered: 03/02/2018)	March 2, 2018	March 2, 2018 PACER
35	DECLARATION of Frank Cornelius filed by Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton re 27 MOTION to Dismiss (Luna-Green, Michelle) (Entered: 03/02/2018)	March 2, 2018	March 2, 2018 PACER
36	DECLARATION of Michelle Luna-Green filed by Defendants Bruce Dammeier, Patti Jackson-Kidder, Paul A Pastor, Pierce County Sheriff's Department, Pierce County, Washington, Janet Rhoton re 27 MOTION to Dismiss (Luna-Green, Michelle) (Entered: 03/02/2018)	March 2, 2018	March 2, 2018 PACER
37	NOTICE of Hearing on Motion re 27 MOTION to Dismiss : Oral Argument Hearing set for 3/29/2018 at 10:00 AM in C Courtroom before Judge David W. Christel.(KEB) (Entered: 03/15/2018)	March 15, 2018	March 15, 2018 PACER
	Notice of Hearing on Motion	March 15, 2018	March 15, 2018 PACER
38	STIPULATION (Agreed Motion) to Dismiss Defs Dammeier, Pastor, Jackson-Kidder, Rhoton ONLY by parties (Attachments: # 1 Proposed Order)(Mungia, Sal) (Entered: 03/27/2018) 1 Proposed Order View on PACER	March 27, 2018	March 27, 2018 PACER
39	ORDER on 38 STIPULATION (Agreed Motion) to Dismiss Specific Defendants granting 27 Motion to Dismiss; Paul A Pastor (in his official capacity as Pierce County Sheriff), Janet Rhoton (in her official capacity as the Pierce County Jail Mental Health Manager, and their officers, agents, employees, and successors), Bruce Dammeier (in his official capacity as Pierce County Executive), and Patti Jackson-Kidder (in her official capacity as the Pierce County Chief of Corrections) (ONLY) are DISMISSED without prejudice and without an award of attorneys' fees or costs to any party; this matter remains open for further proceedings; signed by Judge Ronald B. Leighton.(DN) Modified on 3/28/2018 to correctly identify Motion for which this Order actually relates/rules upon (GMR). (Entered: 03/28/2018)	March 28, 2018	March 28, 2018 PACER
	Notice of Docket Text Modification	March 28, 2018	March 28, 2018 PACER
	NOTICE of Docket Text Modification re 39 Order on 38 STIPULATION (Agreed Motion) to Dismiss Specific Defendants granting 27 Motion to Dismiss. Docket entry modified to correctly identify the Motion for which the Order rules. 27 Motion to Dismiss remains pending. (GMR)	March 28, 2018	March 28, 2018 PACER
40	MINUTE ENTRY for proceedings held before Judge David W. Christel- Dep Clerk: Kim Brye; Pla Counsel: Sal Mungia, Jessica Wolfe, Janelle Ellen Chase; Def Counsel: Frank Cornelius, Michelle Luna-Green; CR: Barry Fanning; Time of Hearing: 10:00 AM; Courtroom: C;Motion Hearing held on 3/29/2018 re 27 MOTION to Dismiss filed by Pierce County Sheriff's Department, Pierce County, Washington, Bruce Dammeier, Patti Jackson-Kidder, Janet Rhoton, Paul A Pastor. Parties argue motion. Court to issue written order. (KEB) (Entered: 03/29/2018)	March 29, 2018	March 29, 2018 PACER
	Motion Hearing	March 29, 2018	March 29, 2018 PACER
41	REPORT AND RECOMMENDATION as to the 27 MOTION to Dismiss filed by Pierce County Sheriff's Department, Pierce County, Washington, Bruce Dammeier, Patti Jackson-Kidder, Janet Rhoton, and Paul A Pastor; signed by Magistrate Judge David W. Christel. Noted for: 5/4/2018. (Attachments: # 1 Proposed Order)(SP) 1 Proposed Order View on PACER	April 17, 2018	April 17, 2018 RECAP
42	OBJECTIONS by Plaintiffs Scott Bailey, Donald Bango to 41 Report and Recommendations,. Noting Date 5/4/2018, (Mungia, Sal) (Entered: 04/30/2018)	April 30, 2018	April 30, 2018 PACER
43	ORDER ADOPTING REPORT AND RECOMMENDATION re 42 Objections to Report and Recommendation filed by Scott Bailey, Donald Bango; the Report and Recommendation re dismissal is ADOPTED, plaintiffs' complaint is DISMISSED Without Prejudice; signed by Judge Ronald B. Leighton. (DN)	May 7, 2018	May 7, 2018 RECAP
44	JUDGMENT BY COURT in favor of Pierce County, Washington and Pierce County Sheriff's Department against Donald Bango and Scott Bailey.(SP) (Main Document 44 replaced on 5/10/2018) (SP). (Entered: 05/10/2018)	May 10, 2018	May 10, 2018 PACER
45	MOTION for Reconsideration and Relief from Judgment, filed by Plaintiffs Scott Bailey, Donald Bango. (Attachments: # 1 Proposed Order for Clarification/Reconsideration and Relief from Judgment) Noting Date 5/11/2018, (Davis, Antoinette) (Entered: 05/11/2018) 1 Proposed Order for Clarification/Reconsideration and Relief from Judgment View on PACER	May 11, 2018	May 11, 2018 RECAP
46	ORDER granting 45 Motion for Reconsideration; signed by Judge Ronald B. Leighton.(DN) (Entered: 05/15/2018)	May 15, 2018	May 15, 2018 RECAP
47	ANSWER to 1 Complaint, with JURY DEMAND by Pierce County Sheriff's Department, Pierce County, Washington.(Cornelius, Frank) (Entered: 05/21/2018)	May 21, 2018	May 21, 2018 PACER
48	MINUTE ORDER: Due to administrative error this case was inadvertently closed on 5/10/18. The Court granted Plaintiffs' Motion for Clarification/Reconsideration 46 on 5/15/18, therefore this case is re-referred to Magistrate Judge David W. Christel. (DK) (Entered: 05/29/2018)	May 29, 2018	May 29, 2018 PACER
49	NOTICE that the following is RE-NOTED: 19 MOTION to Certify Class Filed by Plaintiffs Scott Bailey, Donald Bango. Noting Date 8/17/2018, (Wolfe, Jessica) Modified on 7/20/2018 to link to underlying motion (SP). (Entered: 05/30/2018)	May 30, 2018	May 30, 2018 PACER
50	Discovery Deadlines ORDER: FRCP 26f Conference Deadline is 6/22/2018, Initial Disclosure Deadline is 7/6/2018, Discovery Plan due by 7/13/2018; signed by Magistrate Judge David W. Christel. (SP) (Entered: 06/01/2018)	June 1, 2018	June 1, 2018 PACER
51	NOTICE of Unavailability of counsel Frank Cornelius for Defendants Pierce County Sheriff's Department, Pierce County, Washington from 06/20/2018-06/22/2018. (Cornelius, Frank) (Entered: 06/06/2018)	June 6, 2018	June 6, 2018 PACER
52	MOTION Strike Plaintiffs' Motion for Class Certification, filed by Defendants Pierce County Sheriff's Department, Pierce County, Washington. (Attachments: # 1 Proposed Order) Noting Date 6/22/2018, (Cornelius, Frank) (Entered: 06/07/2018) 1 Proposed Order View on PACER	June 7, 2018	June 7, 2018 PACER
53	DECLARATION of Frank Cornelius filed by Defendants Pierce County Sheriff's Department, Pierce County, Washington re 52 MOTION Strike Plaintiffs' Motion for Class Certification (Cornelius, Frank) (Entered: 06/07/2018)	June 7, 2018	June 7, 2018 PACER
54	MOTION to Compel and for Order of Protection, filed by Plaintiffs Scott Bailey, Donald Bango. (Attachments: # 1 Proposed Order Granting Plaintiffs Motion to Compel and for Order of Protection, # 2 Proposed Order Protective Order for the Confidential Treatment of Documents or Information) Noting Date 6/29/2018, (Davis, Antoinette) (Entered: 06/14/2018) 1 Proposed Order Granting Plaintiffs Motion to Compel and for Order of Protection View on PACER 2 Proposed Order Protective Order for the Confidential Treatment of Documents or I View on PACER	June 14, 2018	June 14, 2018 PACER
55	DECLARATION of Salvador A. Mungia filed by Plaintiffs Scott Bailey, Donald Bango re 54 MOTION to Compel and for Order of Protection (Davis, Antoinette) (Entered: 06/14/2018)	June 14, 2018	June 14, 2018 PACER
56	DECLARATION of Jessica Wolfe filed by Plaintiffs Scott Bailey, Donald Bango re 54 MOTION to Compel and for Order of Protection (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Davis, Antoinette) (Entered: 06/14/2018) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER	June 14, 2018	June 14, 2018 PACER
57	DECLARATION of Antoinette M. Davis filed by Plaintiffs Scott Bailey, Donald Bango re 54 MOTION to Compel and for Order of Protection (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Davis, Antoinette) (Entered: 06/14/2018) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER	June 14, 2018	June 14, 2018 PACER
58	RESPONSE, by Plaintiffs Scott Bailey, Donald Bango, to 52 MOTION Strike Plaintiffs' Motion for Class Certification . (Mungia, Sal) (Entered: 06/18/2018)	June 18, 2018	June 18, 2018 PACER
59	DECLARATION of Salvador A. Mungia filed by Plaintiffs Scott Bailey, Donald Bango re 52 MOTION Strike Plaintiffs' Motion for Class Certification (Mungia, Sal) (Entered: 06/18/2018)	June 18, 2018	June 18, 2018 PACER
60	REPLY, filed by Defendants Pierce County Sheriff's Department, Pierce County, Washington, TO RESPONSE to 52 MOTION Strike Plaintiffs' Motion for Class Certification (Cornelius, Frank) (Entered: 06/19/2018)	June 19, 2018	June 19, 2018 PACER
61	RESPONSE, by Defendants Pierce County Sheriff's Department, Pierce County, Washington, to 54 MOTION to Compel and for Order of Protection. (Cornelius, Frank) (Entered: 06/25/2018)	June 25, 2018	June 25, 2018 PACER
62	DECLARATION of Frank Cornelius filed by Defendants Pierce County Sheriff's Department, Pierce County, Washington re 54 MOTION to Compel and for Order of Protection (Cornelius, Frank) (Entered: 06/25/2018)	June 25, 2018	June 25, 2018 PACER
63	DECLARATION of Michelle Luna-Green filed by Defendants Pierce County Sheriff's Department, Pierce County, Washington re 54 MOTION to Compel and for Order of Protection (Cornelius, Frank) (Entered: 06/25/2018)	June 25, 2018	June 25, 2018 PACER
64	JOINT STATUS REPORT signed by all parties estimated Trial Days: 15 or 20. (Davis, Antoinette) (Entered: 06/28/2018)	June 28, 2018	June 28, 2018 RECAP
65	REPLY, filed by Plaintiffs Scott Bailey, Donald Bango, TO RESPONSE to 54 MOTION to Compel and for Order of Protection (Attachments: # 1 Exhibit Declaration of Antoinette M. Davis in Support of Reply)(Davis, Antoinette) (Entered: 06/29/2018) 1 Exhibit Declaration of Antoinette M. Davis in Support of Reply View on PACER	June 29, 2018	June 29, 2018 PACER
66	PRAECIPE to attach document Corrected Reply in Support of Plaintiffs' Motion to Compel Discovery and for Order of Protection re 65 Reply to Response to Motion by Plaintiffs Scott Bailey, Donald Bango (Attachments: # 1 Exhibit Corrected Reply in Support of Plaintiffs' Motion to Compel Discovery and for Order of Protection)(Davis, Antoinette) (Entered: 07/02/2018) 1 Exhibit Corrected Reply in Support of Plaintiffs' Motion to Compel Discover View on PACER	July 2, 2018	July 2, 2018 PACER
67	NOTICE of Appearance by attorney Eunice Cho on behalf of Plaintiffs Scott Bailey, Donald Bango. (Cho, Eunice) (Entered: 07/09/2018)	July 9, 2018	July 9, 2018 RECAP
68	ORDER signed by Magistrate Judge David W. Christel granting in part the 52 Motion Strike; striking the 19 Motion to Certify Class and denying the 54 Motion to Compel. The Clerk is directed to strike the 19 Motion to Certify. (GMR)	Aug. 3, 2018	Aug. 3, 2018 RECAP
69	NOTICE of Unavailability of counsel Frank Cornelius for Defendants Pierce County Sheriff's Department, Pierce County, Washington from 08/27/2018-08/30/2018. (Cornelius, Frank) (Entered: 08/13/2018)	Aug. 13, 2018	Aug. 13, 2018 PACER
70	MOTION Enlargement of Time to Move for Class Certification, filed by Plaintiffs Scott Bailey, Donald Bango. (Attachments: # 1 Proposed Order Granting Plaintiffs' Motion to Enlarge Time to Move for Class Certification) Re-noted Date 8/22/18 Noting Date 8/31/2018, (Davis, Antoinette) Modified on 8/17/2018 to re-note motion (SP). (Entered: 08/16/2018) 1 Proposed Order Granting Plaintiffs' Motion to Enlarge Time to Move for Clas View on PACER	Aug. 16, 2018	Aug. 16, 2018 PACER
71	ORDER FOR EXPEDITED BRIEFING SCHEDULE re 70 MOTION Enlargement of Time to Move for Class Certification; signed by Magistrate Judge David W. Christel. Defendants' response to the Motion shall be filed on or before August 21, 2018; Plaintiffs' optional reply shall be filed on or before August 22, 2018. Motion to Enlarge Time to File Motion for Class Certification re-noted for 8/22/2018. (SP) (Entered: 08/17/2018)	Aug. 17, 2018	Aug. 17, 2018 PACER
72	RESPONSE, by Defendants Pierce County Sheriff's Department, Pierce County, Washington, to 70 MOTION Enlargement of Time to Move for Class Certification . (Attachments: # 1 Proposed Order)(Luna-Green, Michelle) (Entered: 08/21/2018) 1 Proposed Order View on PACER	Aug. 21, 2018	Aug. 21, 2018 PACER
73	DECLARATION of Michelle Luna-Green in Support of Defendants' Response to Motion to Enlarge Time to File Motion for Class Certification filed by Defendants Pierce County Sheriff's Department, Pierce County, Washington re 70 MOTION Enlargement of Time to Move for Class Certification (Luna-Green, Michelle) (Entered: 08/21/2018)	Aug. 21, 2018	Aug. 21, 2018 PACER
74	ORDER granting 70 Motion for Enlargement of Time to Move for Class Certification; signed by Magistrate Judge David W. Christel. The Plaintiffs shall file their motion for class certification within seven days from the date of this Order and will note their motion for the fourth Friday following the filing of their class certification motion. (SP) (Entered: 08/22/2018)	Aug. 22, 2018	Aug. 22, 2018 PACER
75	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Jessica Wolfe for Plaintiffs Scott Bailey, Donald Bango. (Wolfe, Jessica) (Entered: 08/24/2018)	Aug. 24, 2018	Aug. 24, 2018 PACER
76	Stipulated MOTION to Seal Medical Records, filed by Plaintiffs Scott Bailey, Donald Bango. (Attachments: # 1 Proposed Order to File Medical Records Under Seal, # 2 Exhibit Declaration of Eunice Cho in Support of Stipulated Motion to File Medical Records Under Seal) Noting Date 8/27/2018, (Cho, Eunice) (Entered: 08/27/2018) 1 Proposed Order to File Medical Records Under Seal View on PACER 2 Exhibit Declaration of Eunice Cho in Support of Stipulated Motion to File Medica View on PACER	Aug. 27, 2018	Aug. 27, 2018 PACER
77	ORDER granting 76 Stipulated Motion to Seal Medical Records; signed by Magistrate Judge David W. Christel. All medical files related to the class certification briefing are to be filed under seal. (SP) (Entered: 08/27/2018)	Aug. 27, 2018	Aug. 27, 2018 PACER
78	Amended MOTION to Certify Class, filed by Plaintiffs Scott Bailey, Donald Bango. Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Amended Motion for Class Certification) Noting Date 9/27/2018, (Davis, Antoinette) (Entered: 08/29/2018) 1 Proposed Order Granting Amended Motion for Class Certification View on PACER	Aug. 29, 2018	Aug. 29, 2018 PACER
79	SEALED DOCUMENT Declaration of Donald Bango in Support of Plaintiffs' 78 Motion for Class Certification by Plaintiffs Scott Bailey, Donald Bango (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(Davis, Antoinette) Modified on 8/29/2018: document relationship corrected per call from filer. (CMG). (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
80	SEALED DOCUMENT Declaration of Scott Bailey in Support of Plaintiffs' 78 Motion for Class Certification by Plaintiffs Scott Bailey, Donald Bango(Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Davis, Antoinette) Modified on 8/29/2018: corrected document relationship. (CMG). (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
81	DECLARATION of Eunice Cho filed by Plaintiffs Scott Bailey, Donald Bango re 78 Amended MOTION to Certify Class (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Davis, Antoinette) (Entered: 08/29/2018) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER	Aug. 29, 2018	Aug. 29, 2018 PACER
82	SEALED DOCUMENT Exhibits I and T to Eunice Cho Declaration in Support of Plaintiffs' Motion for Class Certification by Plaintiffs Scott Bailey, Donald Bango re 77 Order on Stipulated Motion to Seal, 76 Stipulated MOTION to Seal Medical Records, 81 Declaration,, 78 Amended MOTION to Certify Class (Davis, Antoinette) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
83	DECLARATION of Salvador A. Mungia filed by Plaintiffs Scott Bailey, Donald Bango re 78 Amended MOTION to Certify Class (Davis, Antoinette) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
84	DECLARATION of Emily Chiang filed by Plaintiffs Scott Bailey, Donald Bango re 78 Amended MOTION to Certify Class (Davis, Antoinette) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
85	NOTICE of Hearing on Motion re 78 Amended MOTION to Certify Class : Motion Hearing set for 9/27/2018 at 10:00 AM in D Courtroom before Judge David W. Christel.(KEB) (Entered: 08/29/2018)	Aug. 29, 2018	Aug. 29, 2018 PACER
	NOTICE OF NOTING DATE CORRECTION (see LCR 7(d)(3)) re 78 Amended MOTION to Certify Class TO: 9/21/2018. Parties are reminded that briefing related to any and all motions, shall follow the provisions detailed in LCR 7. Oral arguments remain set for 9/27/2018 at 10:00 AM in D Courtroom before Judge David W. Christel. (GMR)	Aug. 29, 2018	Aug. 29, 2018 PACER
86	PRAECIPE re 80 Sealed Document,, 78 Amended MOTION to Certify Class by Plaintiffs Scott Bailey, Donald Bango (Attachments: # 1 Supplement Cover Sheet of Corrected Signature Page Filed Under Seal)(Cho, Eunice) (Entered: 09/06/2018) 1 Supplement Cover Sheet of Corrected Signature Page Filed Under Seal View on PACER	Sept. 6, 2018	Sept. 6, 2018 PACER
87	SEALED DOCUMENT Corrected Signature Page of Declaration of Scott Bailey in Support of Plaintiffs' Motion for Class Certification by Plaintiffs Scott Bailey, Donald Bango re 77 Order on Stipulated Motion to Seal, 86 Praecipe-Other, 80 Sealed Document,, 78 Amended MOTION to Certify Class (Cho, Eunice) (Entered: 09/06/2018)	Sept. 6, 2018	Sept. 6, 2018 PACER
88	MOTION for Leave to File Over-length Motions and Briefs, filed by Defendants Pierce County Sheriff's Department, Pierce County, Washington. (Attachments: # 1 Proposed Order) Noting Date 9/12/2018, (Luna-Green, Michelle) (Entered: 09/12/2018) 1 Proposed Order View on PACER	Sept. 12, 2018	Sept. 12, 2018 PACER
89	ORDER granting Defendants' 88 Motion for Leave to File Over-length Motions and Briefs; signed by Judge David W. Christel. Defendants are allowed to file a response to Plaintiffs Amended Motion for Class Certification of up to 35 pages in length; Plaintiffs are allowed to file a reply of up to one-half the pages of the response. See LCR 7(f)(4). (SP) (Entered: 09/13/2018)	Sept. 13, 2018	Sept. 13, 2018 PACER
90	SEALED DOCUMENT Defendants' Opposition to Plaintiff's 78 Amended MOTION to Certify Class by Defendants Pierce County Sheriff's Department, Pierce County, Washington re 77 Order on Stipulated Motion to Seal (Cornelius, Frank) Modified on 9/18/2018 (SP). (Entered: 09/17/2018)	Sept. 17, 2018	Sept. 17, 2018 PACER
91	SEALED DOCUMENT Declaration of Kenneth M. Muscatel, PhD by Defendants Pierce County Sheriff's Department, Pierce County, Washington re 78 Amended MOTION to Certify Class; 77 Order on Stipulated Motion to Seal. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cornelius, Frank) Modified on 9/18/2018 (SP). (Entered: 09/17/2018)	Sept. 17, 2018	Sept. 17, 2018 PACER

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Case Details

State / Territory: Washington

Case Type(s):

Jail Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 4, 2017

Closing Date: Oct. 29, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All qualified individuals who have mental illnesses that are disabilities as defined in 42 U.S.C. §12102 and 29 U.S.C. §705(9)(B), and who are now, or will be in the future, incarcerated at the Pierce County Jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Pierce County (Pierce), County

Defendant Type(s):

Corrections