Case: C.S. v. King County

2:17-cv-01560 | U.S. District Court for the Western District of Washington

Filed Date: Oct. 20, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 20, 2017, four minor plaintiffs, represented by their parents or guardians, filed a class action lawsuit against King County and the Kent School District in the U.S. District Court for the Western District of Washington under 42 U.S.C. § 1983 and state law. The plaintiffs, represented by Columbia Legal Services, alleged that King County has violated the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400), by holding children in solitary confinement at King County’s …

On October 20, 2017, four minor plaintiffs, represented by their parents or guardians, filed a class action lawsuit against King County and the Kent School District in the U.S. District Court for the Western District of Washington under 42 U.S.C. § 1983 and state law. The plaintiffs, represented by Columbia Legal Services, alleged that King County has violated the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400), by holding children in solitary confinement at King County’s Maleng Regional Justice Center. They sought injunctive and declaratory relief to end King County’s solitary confinement policy.

The plaintiffs alleged that King County denied these children, who had not yet been convicted of any crimes, meaningful social interaction and education by holding them in isolation cells for weeks or months on end. These children were given only a few minutes of face-to-face educational instruction and denied access to reading or writing materials. The plaintiffs alleged that these deprivations could cause trauma, depression, anxiety, as well as permanent interference with a child’s psychological and social development. The vast majority of children affected by King County’s actions were children of color and many suffered from mental illness.

The plaintiffs amended the complaint on October 23, 2017 to add additional named plaintiffs and an additional claim of discrimination.

The plaintiffs sought to certify a class of all children currently incarcerated at the RJC and all such children who would be held there in the future. Besides declaratory judgment, they also sought to preliminarily and permanently enjoin the defendant from carrying out the allegedly unlawful policies and practices. In addition, the plaintiffs asked the court to issue declaratory and injunctive relief on behalf of a subclass of such children who have disabilities, as defined by the Individuals with Disabilities Education Act, and were in need of special education and related services.

The parties quickly began settlement negotiations. On August 20, 2018, the court granted plaintiffs’ motion to approve a settlement agreement. Under the terms of the proposed settlement, the plaintiffs would receive $240,000 from King County and $25,000 from the Kent School District. King County agreed that the solitary confinement of juveniles was banned in all King County detention facilities, except when necessary to prevent physical harm to others, and that any use of solitary confinement would be discussed at a daily meeting. The parties also agreed to appoint a monitor to review alternatives to solitary confinement, and issue quarterly monitor's reports.

The settlement was set to expire on January 31, 2022 if defendant complied with all terms.

Summary Authors

Sichun Liu (6/10/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6362029/parties/cs-v-king-county/


Judge(s)

Coughenour, John C. (Washington)

Attorneys(s) for Plaintiff

Allen, Nicholas B. (Washington)

Althauser, Michael (Washington)

Branch, Sujatha Jagadeesh (California)

Straley, Nicholas Broten (Washington)

Attorneys(s) for Defendant

Herzer, Pascal (Washington)

Kanner, Samantha (Washington)

Judge(s)

Coughenour, John C. (Washington)

Attorneys(s) for Plaintiff

Allen, Nicholas B. (Washington)

Althauser, Michael (Washington)

Branch, Sujatha Jagadeesh (California)

Straley, Nicholas Broten (Washington)

Attorneys(s) for Defendant

Herzer, Pascal (Washington)

Kanner, Samantha (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

C.S.King County

Aug. 20, 2018 Docket
1

Complaint

Oct. 20, 2017 Complaint
2

Amended Complaint

2017 WL 10647321

Oct. 23, 2017 Complaint
24-1

CR 2A Agreements [Exhibit A&B to ECF #24]

C.S. V. King County

July 9, 2018 Other
33

Order Granting Motions to Appoint Guardian ad litem, Approve Settlement, and Voluntarily Dismiss

Aug. 20, 2018 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6362029/cs-v-king-county/

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

ECF Number Description Date Link
1

COMPLAINT for Injunctive and Declaratory Relief against All Defendants (Receipt # 0981-5061514) Attorney Nicholas Broten Straley added to party C. S.(pty:pla), filed by C. S.. (Attachments: # 1 Summons King County, # 2 Civil Cover Sheet)(Straley, Nicholas) (Entered: 10/20/2017)

Oct. 20, 2017

U.S. District Judge John C. Coughenour added. (DJ) (Entered: 10/23/2017)

Oct. 23, 2017

NOTICE to Filer: SUMMONS FORM INCOMPLETE - ATTORNEY ADDRESS BLOCK LEFT BLANK: There is no name or address listed in the block for counsel. Please post your corrected summons(es) using the event "Praecipe For a Summons" found under "Other Documents." All summons(es) should be posted under this one event. Thank you.(DJ) (Entered: 10/23/2017)

Oct. 23, 2017
2

AMENDED COMPLAINT for Injunctive & Declaratory Relief against defendant(s) King County, filed by C. S..(Straley, Nicholas) (Entered: 10/23/2017)

Oct. 23, 2017
3

PRAECIPE TO ISSUE SUMMONS re Notice-Other, by Plaintiffs D. B., K. C., J. R., C. S. (Straley, Nicholas) (Entered: 10/23/2017)

Oct. 23, 2017
4

MINUTE ENTRY re: STATUS CONFERENCE. The attorney who will be responsible for trying the case should attend the conference and be prepared to discuss the following matters at the conference: 1. The nature of the case; 2. The status of matters which are presently set before the Court, e.g., hearings, motions, etc.; The date by which the case will be ready for trial; 8. Settlement probabilities; and 9. Whether the parties consent to proceed to trial before an assigned magistrate judge pursuant to 28 U.S.C. 636(c). If counsel's office is outside of the Greater Metropolitan Seattle area, arrangements may be made to participate telephonically in the conference by contacting the Courtroom Deputy Clerk at Paul_Pierson@wawd.uscourts.gov at least TEN (10) days prior to the proceeding. Counsel do NOT need to file a Joint Status Report or Rule 26(f) Report in advance of the Status Conference. Counsel should plan on arriving 10-15 minutes early to check in with the Courtroom Deputy Clerk, as the Court's calendar begins promptly at 9:00 a.m. COUNSEL OR THE PRO SE PARTY WHO FILED THIS MATTER SHALL IMMEDIATELY NOTIFY ALL PARTIES OF THE DATE AND TIME OF THE SCHEDULED STATUS CONFERENCE. A Status Conference is set for 1/30/2018 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) (Entered: 10/24/2017)

Oct. 24, 2017
5

ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (PP) (Entered: 10/24/2017)

Oct. 24, 2017
6

Summons Electronically Issued as to defendant King County. (TH) (Entered: 10/24/2017)

Oct. 24, 2017
7

AFFIDAVIT of Service of Summons and Complaint on Janet Masuo on 10/25/2017, filed by Plaintiffs D. B., K. C., J. R., C. S.. (Straley, Nicholas) (Entered: 10/27/2017)

Oct. 27, 2017
8

NOTICE of Appearance by attorney Nicholas Brian Allen on behalf of Plaintiffs D. B., K. C., J. R., C. S.. (Allen, Nicholas) (Entered: 10/27/2017)

Oct. 27, 2017
9

NOTICE of Appearance by attorney Samantha Kanner on behalf of Defendant King County. (Kanner, Samantha) (Entered: 10/27/2017)

Oct. 27, 2017
10

NOTICE of Association of Attorney by Pascal Herzer on behalf of Defendant King County. (Herzer, Pascal) (Entered: 10/27/2017)

Oct. 27, 2017
11

NOTICE of Appearance by attorney Michael Althauser on behalf of Plaintiffs D. B., K. C., J. R., C. S.. (Althauser, Michael) (Entered: 11/03/2017)

Nov. 3, 2017
12

NOTICE of Appearance by attorney Sujatha Branch on behalf of Plaintiffs D. B., K. C., J. R., C. S.. (Branch, Sujatha) (Entered: 11/13/2017)

Nov. 13, 2017
13

ANSWER to 2 Amended Complaint with JURY DEMAND by King County.(Kanner, Samantha) (Entered: 11/15/2017)

Nov. 15, 2017
14

NOTICE of Unavailability of counsel Samantha Kanner for Defendant King County from 01/12/18 to 01/22/18. (Kanner, Samantha) (Entered: 11/29/2017)

Nov. 29, 2017
15

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Michael Althauser for Plaintiffs D. B., K. C., J. R., C. S.. (Althauser, Michael) (Entered: 01/03/2018)

Jan. 3, 2018
16

NOTICE OF RESCHEDULED STATUS CONFERENCE. The Court, on its own motion, hereby orders the Status Conference RESET from 1/30/2018 to 2/13/2018 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour.(PP) (Entered: 01/16/2018)

Jan. 16, 2018
17

MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour; CRD: Paul Pierson ; Plaintiff's Counsel: Nicholas Straley ; Defense Counsel: Pascal Herzer & Samantha Kanner ; CR: Andrea Ramirez ; Time of Hearing: 9:00 a.m. ; Courtroom: 16206 ; Status Conference was held on 2/13/2018. Plaintiffs' counsel advised the Court that additional parties may be added in an amended complaint and requested this matter be continued. The Court ordered a Further Status Conference be set for 4/17/2018 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. (PP) (Entered: 02/13/2018)

Feb. 13, 2018
18

NOTICE OF RESCHEDULED STATUS CONFERENCE. The Court, on its own motion, hereby orders the Status Conference RESET from 4/17/2018 to 5/1/2018 at 9:00 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour.(PP) (Entered: 04/09/2018)

April 9, 2018
19

NOTICE of Unavailability of counsel Samantha Kanner for Defendant King County from 05/09/18 through 05/14/18. (Kanner, Samantha) (Entered: 04/12/2018)

April 12, 2018
20

Unopposed MOTION to Appoint Guardian ad Litem for Plaintiff K.C. , filed by Plaintiffs D. B., K. C., J. R., C. S.. (Attachments: # 1 Proposed Order) Noting Date 4/12/2018, (Straley, Nicholas) (Entered: 04/12/2018)

April 12, 2018
21

ORDER granting Plaintiff's 20 Unopposed Motion to Appoint Guardian ad Litem for Plaintiff K.C. . Appointment of a GAL is appropriate in this case to represent K.C.'s interests. Marie Callendret is a suitable person with the requisite knowledge and expertise to perform the duties required to protect K.C.'s fiduciary and legal interests in this case. Signed by U.S. District Judge John C Coughenour. (TH) (Entered: 04/12/2018)

April 12, 2018
22

MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour; CRD: Paul Pierson ; Plaintiffs' Counsel: Nicholas Straley ; Defense Counsel: Samantha Kanner ; Court Reporter: Nancy Bauer ; Time of Hearing: 9:00 a.m. ; Courtroom: 16206 ; Status Conference was held on 5/1/2018. Plaintiff's counsel advised the Court that the matter has been settled and appropriate dismissal paperwork will follow. (PP) (Entered: 05/01/2018)

May 1, 2018
23

Joint MOTION for Joinder of a Party , filed by Plaintiffs D. B., K. C., J. R., C. S.. (Attachments: # 1 Proposed Order) Noting Date 7/9/2018, (Allen, Nicholas) (Entered: 07/09/2018)

July 9, 2018
24

MOTION to Approve Consent Judgment , filed by Plaintiffs D. B., K. C., J. R., C. S.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order) Noting Date 8/3/2018, (Allen, Nicholas) (Entered: 07/09/2018)

July 9, 2018
25

DECLARATION of Nicholas B. Straley filed by Plaintiffs D. B., K. C., J. R., C. S. re 24 MOTION to Approve Consent Judgment (Allen, Nicholas) (Entered: 07/09/2018)

July 9, 2018
26

DECLARATION of George Yeannakis filed by Plaintiffs D. B., K. C., J. R., C. S. re 24 MOTION to Approve Consent Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Allen, Nicholas) (Entered: 07/09/2018)

July 9, 2018
27

DECLARATION of Nicholas B. Allen filed by Plaintiffs D. B., K. C., J. R., C. S. re 24 MOTION to Approve Consent Judgment (Allen, Nicholas) (Entered: 07/09/2018)

July 9, 2018
28

MOTION to Dismiss Action , filed by Plaintiffs D. B., K. C., J. R., C. S.. (Attachments: # 1 Proposed Order) Noting Date 8/3/2018, (Allen, Nicholas) (Entered: 07/09/2018)

July 9, 2018
29

MINUTE ORDER granting parties' 23 Joint Motion for Joinder of a Party . The Clerk is DIRECTED to update the caption to reflect the Kent School District as a defendant. Authorized by U.S. District Judge John C Coughenour. (TH) (Entered: 07/09/2018)

July 9, 2018
30

MOTION to Appoint Guardian Ad Litem for Minor Plaintiffs for Settlement Purposes , filed by Plaintiffs D. B., K. C., J. R., C. S.. (Attachments: # 1 Proposed Order) Noting Date 8/17/2018, (Allen, Nicholas) (Entered: 08/07/2018)

Aug. 7, 2018
32

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Sujatha Branch for Plaintiffs D. B., K. C., J. R., C. S.. (Branch, Sujatha) (Entered: 08/16/2018)

Aug. 16, 2018
33

ORDER granting Plaintiffs' motions to appoint guardian ad litem (Dkt. No. 30 ), approve settlement (Dkt. No. 24 ) and voluntarily dismiss (Dkt. No. 28 ). Signed by U.S. District Judge John C Coughenour. (TH) (Entered: 08/20/2018)

Aug. 20, 2018

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 20, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four minors who were held in solitary confinement at King County’s Maleng Regional Justice Center (RJC) at the King County Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

King County (King), County

Defendant Type(s):

Corrections

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

State law

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $265,000

Order Duration: 2018 - 2022

Content of Injunction:

Discrimination Prohibition

Remedial education

Reporting

Issues

General:

Conditions of confinement

Confinement/isolation

Disciplinary procedures

Disciplinary segregation

Education

Juveniles

Language access/needs

Over/Unlawful Detention

Placement in detention facilities

Recreation / Exercise

School/University policies

Solitary confinement/Supermax (conditions or process)

Totality of conditions

Youth / Adult separation

Discrimination-basis:

Race discrimination

Race:

Race, unspecified

Disability:

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, unspecified

Type of Facility:

Government-run