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

Clearinghouse coding complete

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…

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 Judge David W. Christel.

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.

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)

Leighton, Ronald B. (Washington)

Attorneys(s) for Plaintiff

Cho, Eunice (Washington)

Davis, Antoinette Marie (Washington)

Fazio, Janelle Ellen Chase (Washington)

Mungia, Salvador A. (Washington)

Wolfe, Jessica (Washington)

Attorneys(s) for Defendant

Cornelius, Frank (Washington)

Luna-Green, Michelle (Washington)

Judge(s)

Christel, David W. (Washington)

Leighton, Ronald B. (Washington)

Attorneys(s) for Plaintiff

Cho, Eunice (Washington)

Davis, Antoinette Marie (Washington)

Fazio, Janelle Ellen Chase (Washington)

Mungia, Salvador A. (Washington)

Wolfe, Jessica (Washington)

Attorneys(s) for Defendant

Cornelius, Frank (Washington)

Luna-Green, Michelle (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 29, 2018 Docket
1

Complaint - Class Action for Declaratory and Injunctive Relief

Dec. 4, 2017 Complaint
41

Report and Recommendation

2018 WL 2108250

April 17, 2018 Magistrate Report/Recommendation
45

Plaintiffs' Motion for Clarification/Reconsideration and Relief From Judgment

May 11, 2018 Pleading / Motion / Brief
68

Order On Motion To Strike And Motion To Compel

2018 WL 3707843

Aug. 3, 2018 Order/Opinion
105

Report and Recommendation

Oct. 15, 2018 Magistrate Report/Recommendation

Resources

Title Description External URL

The Caged Canary

Elizabeth Alexander

The United States has experienced an explosion in the number of people in prison, an explosion that cannot be attributed to changes in the crime rate, but rather reflects changes in public policy, pa… Dec. 1, 2008 http://scholarship.law.wm.edu/...

Docket

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

Last updated May 20, 2022, 4:44 a.m.

ECF Number Description 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

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2 Summons Pierce County, WA

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3 Summons Bruce Dammeier, PC Executive

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4 Summons PC Sheriff's Dept

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5 Summons Paul A. Pastor, PC Sheriff

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6 Summons Patti Jackson-Kidder - PC Chief of Corrections

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7 Summons Janet Rhoton, PC Jail Mental Health Mgr

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Dec. 4, 2017 PACER
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

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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 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 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 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

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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 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 PACER

Judge Ronald B. Leighton and Judge J Richard Creatura added. (SP)

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 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

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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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 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 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 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 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 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 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 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 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 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 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 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 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

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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

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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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 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 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 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

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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 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 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 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

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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

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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 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 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 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 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 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

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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 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 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 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) (Entered: 04/17/2018)

1 Proposed Order

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April 17, 2018 PACER
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 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) (Entered: 05/07/2018)

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 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

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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 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 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 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 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 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 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

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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 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

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2 Proposed Order Protective Order for the Confidential Treatment of Documents or I

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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 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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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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

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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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 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 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 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 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 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 PACER
64

JOINT STATUS REPORT signed by all parties estimated Trial Days: 15 or 20. (Davis, Antoinette) (Entered: 06/28/2018)

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

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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

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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 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) (Entered: 08/03/2018)

Aug. 3, 2018 RECAP
69

Notice of Unavailability

Aug. 13, 2018 PACER
70

Miscellaneous Relief

1 Proposed Order Granting Plaintiffs' Motion to Enlarge Time to Move for Clas

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Aug. 16, 2018 PACER
71

1 - Order

Aug. 17, 2018 PACER
72

Response to Motion

1 Proposed Order

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Aug. 21, 2018 PACER
73

Declaration

Aug. 21, 2018 PACER
74

Order on Motion for Miscellaneous Relief

Aug. 22, 2018 PACER
75

Notice of Withdrawal of Counsel

Aug. 24, 2018 PACER
76

Stipulated Motion to Seal

1 Proposed Order to File Medical Records Under Seal

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2 Exhibit Declaration of Eunice Cho in Support of Stipulated Motion to File Medica

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Aug. 27, 2018 PACER
77

Order on Stipulated Motion to Seal

Aug. 27, 2018 PACER
78

Certify Class

1 Proposed Order Granting Amended Motion for Class Certification

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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

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) (Entered: 08/30/2018)

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Declaration

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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9 Exhibit I

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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Declaration

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Declaration

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Praecipe-Other

1 Supplement Cover Sheet of Corrected Signature Page Filed Under Seal

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Sealed Document

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File Over-length Motions and Briefs

1 Proposed Order

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Order on Motion for Leave to File Over-length Motions and Briefs

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Declaration

1 Exhibit A FILED UNDER SEAL

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2 Exhibit B

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3 Exhibit C FILED UNDER SEAL

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F UNDER SEAL

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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Sealed Document

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Declaration

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Declaration

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State / Territory: Washington

Case Type(s):

Jail Conditions

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

None yet

Source of Relief:

None

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Disciplinary procedures

Disciplinary segregation

Rehabilitation

Restraints : physical

Suicide prevention

Medical/Mental Health:

Intellectual disability/mental illness dual diagnosis

Medical care, general

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run