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Case: Disability Rights Washington v. Inslee

4:18-cv-05071 | U.S. District Court for the Eastern District of Washington

Filed Date: April 23, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 23, 2018, Disability Rights Washington—the state protection and advocacy organization—filed this lawsuit in the U.S. District Court for the Eastern District of Washington. The plaintiff sued Governor Jay Inslee, the Secretary of the Department of Corrections, and the Superintendent of the State Penitentiary under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act on behalf of its constituents who are inmates with mental illness held in overly restrictive cond…

On April 23, 2018, Disability Rights Washington—the state protection and advocacy organization—filed this lawsuit in the U.S. District Court for the Eastern District of Washington. The plaintiff sued Governor Jay Inslee, the Secretary of the Department of Corrections, and the Superintendent of the State Penitentiary under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act on behalf of its constituents who are inmates with mental illness held in overly restrictive conditions due to their disability. The plaintiff, represented by Disability Rights Washington and private counsel sought declaratory and injunctive relief and attorneys fees. The plaintiff claimed that defendants’ policy and practice of housing all inmates in need of mental health services in a more restrictive close custody setting irrespective of their actual custody classifications denies them the benefit of DOC’s services, program, and activities. Additionally, the plaintiffs claim that this practice subjects them to discrimination on the basis of their disability.

The case was assigned to Judge Rosanna M. Peterson. The defendants filed their answer on May 21, 2018 and the parties then entered discovery. On February 13, 2019, the court granted the parties joint motion to stay proceedings to finalize a possible settlement, which was contingent on legislative funding. The Department of Corrections received approximately $5 million in requested funding from the Washington Legislature conditioned on the money being used to resolve this litigation.

On June 27, 2019, the parties jointly stipulated and moved to dismiss all claims against Governor Inslee. The same day, the parties jointly moved for approval of their Final Settlement Agreement.

The proposed settlement agreement required the defendants to review the custody score, assigned custody, and housing assignment for each person in the Residential Treatment Center at the Baker, Adams, and Rainer (Bar) Units at the Washington State Penitentiary. For those inmates whose behavioral or mental health needs dictate a higher custodial setting than their custody score under other DOC policy, they will be reviewed individually. If a more restrictive setting is required, reducing behaviors or symptoms associated with the more restrictive placement would be included as a treatment goal along with specific, objective, and individualized benchmarks in the treatment plan. The settlement also called for one designated medium security BAR unit with at least two mods designated as residential treatment units, and for physical retrofits to the new unit. The defendants would ensure that people housed in the new medium security mods have comparable out-of-cell time, program, and activities as are provided to people housed in other units.

The proposed agreement called for defendants to develop a work plan, ideally within two months of execution of the agreement, including interim benchmarks, and for the parties to meet quarterly to discuss defendants’ progress. The plaintiff is entitled to reasonable monitoring and will visit the new unit twice per year.

The parties intended to work in good faith to achieve substantial compliance within two years of court approval, but also requested that the court incorporate the agreement into an order and retain jurisdiction to enforce the substantive terms of the agreement for 30 months following approval.

The defendants agreed to pay plaintiff $185,000 in attorneys’ fees and $25,000 annually as compensation for monitoring while the agreement remains in effect.

On July 1, 2019 Judge Peterson granted the stipulated motion for approval of the settlement and terminated Governor Inslee as a defendant with prejudice. The court will retain jurisdiction for 30 months and then dismiss the case with prejudice absent an extension.

Summary Authors

Claire Shimberg (5/7/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6381835/parties/disability-rights-washington-v-inslee/


Judge(s)

Peterson, Rosanna Malouf (Washington)

Attorneys(s) for Plaintiff

Beggs, Breean Lawrence (Washington)

Biviano, Andrew Sean (Washington)

Carlson, David R. (Washington)

Dillon, Mary Elizabeth (Washington)

McKimmie, Heather Lynn (Washington)

Seevers, Rachael E (Washington)

Attorneys(s) for Defendant

Beach, Haley Christine (Washington)

Lang, Timothy Norman (Washington)

vanRoojen, Cassie B (Washington)

Judge(s)

Peterson, Rosanna Malouf (Washington)

Attorneys(s) for Plaintiff

Beggs, Breean Lawrence (Washington)

Biviano, Andrew Sean (Washington)

Carlson, David R. (Washington)

Dillon, Mary Elizabeth (Washington)

McKimmie, Heather Lynn (Washington)

Seevers, Rachael E (Washington)

Attorneys(s) for Defendant

Beach, Haley Christine (Washington)

Lang, Timothy Norman (Washington)

vanRoojen, Cassie B (Washington)

Documents in the Clearinghouse

Document

4:18-cv-05071

Docket [PACER]

July 1, 2019

July 1, 2019

Docket
1

4:18-cv-05071

Complaint

April 23, 2018

April 23, 2018

Complaint
24

4:18-cv-05071

Stipulation and Motion for Approval of Settlement

June 27, 2019

June 27, 2019

Pleading / Motion / Brief
25

4:18-cv-05071

Order of Dismissal with Prejudice

July 1, 2019

July 1, 2019

Order/Opinion
27

4:18-cv-05071

Order Granting Stipulated Motion for Approval of Settlement

July 1, 2019

July 1, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6381835/disability-rights-washington-v-inslee/

Last updated Nov. 26, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Donald R Holbrook, Jay Inslee, Stephen Sinclair ( Filing fee $ 400; Receipt # 0980-2872478) Filed by Disability Rights Washington. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Jay Inslee, # 3 Summons Stephen Sinclair, # 4 Summons Donald Holbrook)(Seevers, Rachael) (Entered: 04/23/2018)

1 Civil Cover Sheet

View on PACER

2 Summons Jay Inslee

View on PACER

3 Summons Stephen Sinclair

View on PACER

4 Summons Donald Holbrook

View on PACER

April 23, 2018

April 23, 2018

PACER
2

Summons Issued to Jay Inslee (Attachments: # 1 Summons Stephen Sinclair, # 2 Summons Donald Holbrook) as to All Defendants. (AY, Case Administrator) (Entered: 04/23/2018)

1 Summons Stephen Sinclair

View on PACER

2 Summons Donald Holbrook

View on PACER

April 23, 2018

April 23, 2018

PACER

Notice of Judge Assignment. Judge Rosanna Malouf Peterson assigned to case. (AY, Case Administrator)

April 23, 2018

April 23, 2018

PACER

Notice of Judge Assignment

April 23, 2018

April 23, 2018

PACER
3

NOTICE of Appearance by Haley Christine Beach on behalf of Donald R Holbrook, Jay Inslee, Stephen Sinclair (Attorney Haley Christine Beach added to party Donald R Holbrook(pty:dft), Attorney Haley Christine Beach added to party Jay Inslee(pty:dft), Attorney Haley Christine Beach added to party Stephen Sinclair(pty:dft))(Beach, Haley) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
4

NOTICE of Appearance by Cassie B vanRoojen on behalf of All Defendants (Attorney Cassie B vanRoojen added to party Donald R Holbrook(pty:dft), Attorney Cassie B vanRoojen added to party Jay Inslee(pty:dft), Attorney Cassie B vanRoojen added to party Stephen Sinclair(pty:dft))(vanRoojen, Cassie) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
5

NOTICE of Appearance by Timothy N Lang on behalf of All Defendants (Attorney Timothy N Lang added to party Donald R Holbrook(pty:dft), Attorney Timothy N Lang added to party Jay Inslee(pty:dft), Attorney Timothy N Lang added to party Stephen Sinclair(pty:dft))(Lang, Timothy) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
6

ANSWER to Complaint by Donald R Holbrook, Jay Inslee, Stephen Sinclair.(Beach, Haley) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
7

SCHEDULING CONFERENCE NOTICE : Telephonic Scheduling Conference set for July 10, 2018, at 10:00 AM before Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 05/22/2018)

May 22, 2018

May 22, 2018

PACER
8

CERTIFICATE OF SERVICE as to 1 Complaint, Service on Donald Holbrook filed by Disability Rights Washington. (Seevers, Rachael) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
9

CERTIFICATE OF SERVICE as to 1 Complaint, Service on Jay Inslee filed by Disability Rights Washington. (Seevers, Rachael) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
10

CERTIFICATE OF SERVICE as to 1 Complaint, Service on Stephen Sinclair filed by Disability Rights Washington. (Seevers, Rachael) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
11

Praecipe filed by Disability Rights Washington: Re 10 Certificate of Service. Description: redaction needed. (Seevers, Rachael) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
12

STATUS REPORT and Proposed Discovery Plan by Donald R Holbrook, Jay Inslee, Stephen Sinclair. (Attachments: # 1 Text of Proposed Order Agreement Regarding Discovery of Electronically Stored Information, # 2 Text of Proposed Order Agreed Protective Order)(vanRoojen, Cassie) (Entered: 07/03/2018)

1 Text of Proposed Order Agreement Regarding Discovery of Electronically Stored In

View on PACER

2 Text of Proposed Order Agreed Protective Order

View on PACER

July 3, 2018

July 3, 2018

PACER
13

RULE 7.1 CORPORATE DISCLOSURE STATEMENT by Disability Rights Washington. (Seevers, Rachael) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
14

Minute Entry for TELEPHONIC proceedings held before Judge Rosanna Malouf Peterson: Scheduling Conference held on 7/10/2018. (Reported/Recorded by: Allison R. Stovall) (MF, Courtroom Deputy) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
15

BENCH TRIAL SCHEDULING ORDER: Telephonic Status Conference set for 4/26/2019 at 09:30 AM before Judge Rosanna Malouf Peterson. Parties to call toll-free conference line at (888) 363-4749 and enter access code 6699898#. Pretrial Conference set for 8/6/2019 at 11:00 AM in Yakima Courtroom 324. Bench Trial set for 8/19/2019 at 09:00 AM in Yakima Courtroom 324. Signed by Judge Rosanna Malouf Peterson. (AY, Case Administrator) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
16

ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Judge Rosanna Malouf Peterson. (AY, Case Administrator) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

PACER
17

PROTECTIVE ORDER. Signed by Judge Rosanna Malouf Peterson. (AY, Case Administrator) (Entered: 07/11/2018)

July 11, 2018

July 11, 2018

RECAP
18

STIPULATION re 15 Scheduling Order, to Modify the Deadlines for Exchange of Expert Disclosures by All Defendants. (Beach, Haley) (Entered: 12/03/2018)

Dec. 3, 2018

Dec. 3, 2018

PACER
19

Stipulated MOTION to Stay re 18 Stipulation by Donald R Holbrook, Jay Inslee, Stephen Sinclair. Motion Hearing set for 2/19/2019 in Richland Courtroom 189 before Judge Rosanna Malouf Peterson. (Attachments: # 1 Text of Proposed Order)(Beach, Haley) (Entered: 02/12/2019)

1 Text of Proposed Order

View on PACER

Feb. 12, 2019

Feb. 12, 2019

PACER
20

TEXT-ONLY ORDER (no PDF shall issue) accepting the parties' stipulation and GRANTING the parties' joint motion to stay proceedings, ECF No. 19, based on a finding that a stay of this matter serves the best interests of the parties and promotes judicial efficiency. All deadlines set by the Bench Trial Scheduling Order, ECF No. 15, are STAYED, and the hearings set by that Order are vacated. The parties shall notify the Court by June 3, 2019, of the status of their settlement efforts and the likelihood of a final settlement, and, if no settlement is imminent, shall jointly propose an amended pretrial schedule and shall obtain a new bench trial date from the Courtroom Deputy. A case management deadline shall be set for June 4, 2019. This text-only entry constitutes the Court's ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER

Case Management Deadline set for 6/4/2019. See ECF No. 20. (MS, Judicial Assistant)

Feb. 13, 2019

Feb. 13, 2019

PACER

Set/Reset Deadlines/Hearings

Feb. 13, 2019

Feb. 13, 2019

PACER
21

STATUS REPORT Joint by Donald R Holbrook, Jay Inslee, Stephen Sinclair. (Beach, Haley) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
22

TEXT ONLY ORDER (no PDF will issue) regarding the parties' Status Report filed at ECF No. 21 . The parties submit that they are working to resolve this case and request that this case remain stayed until June 20, 2019. Accordingly, this case remains stayed, and the parties will submit either settlement documents or an updated status report by June 28, 2019. This text-only entry constitutes the Court's ruling on the matter. Signed by Judge Rosanna Malouf Peterson. (MS, Judicial Assistant) (Entered: 06/03/2019)

June 3, 2019

June 3, 2019

PACER

Order

June 3, 2019

June 3, 2019

PACER
23

Stipulated MOTION to Dismiss Defendant Jay Inslee by Donald R Holbrook, Jay Inslee, Stephen Sinclair. Motion Hearing set for 7/1/2019 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: # 1 Text of Proposed Order)(Beach, Haley) (Entered: 06/27/2019)

1 Text of Proposed Order

View on PACER

June 27, 2019

June 27, 2019

PACER
24

Stipulated MOTION For Approval of Settlement by Donald R Holbrook, Jay Inslee, Stephen Sinclair. Motion Hearing set for 7/1/2019 Without Oral Argument before Judge Rosanna Malouf Peterson. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Beach, Haley) (Entered: 06/27/2019)

1 Exhibit A

View on RECAP

2 Text of Proposed Order

View on PACER

June 27, 2019

June 27, 2019

PACER
25

ORDER OF DISMISSAL WITH PREJUDICE; granting 23 Stipulated Motion to Dismiss Defendant Jay Inslee. Jay Inslee (State of Washington) terminated. Case is closed. Signed by Judge Rosanna Malouf Peterson. (AY, Case Administrator) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

RECAP
26

JUDGMENT OF DISMISSAL. (AY, Case Administrator) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

RECAP
27

ORDER GRANTING 24 STIPULATED MOTION FOR APPROVAL OF SETTLEMENT. Signed by Judge Rosanna Malouf Peterson. (AY, Case Administrator) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
28

Letter from Brandon D. Wright to Hon. Judge Rosanna Malouf Peterson dated 06/24/20. (Attachments: # 1 Transmittal Envelope) (PL, Courtroom Deputy) (Entered: 07/01/2020)

1 Transmittal Envelope

View on PACER

June 29, 2020

June 29, 2020

PACER
29

Response Letter from Judge Rosanna Malouf Peterson to Brandon D. Wright dated July 2, 2020. (MS, Judicial Assistant) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
30

Attorney Withdrawal

Feb. 19, 2021

Feb. 19, 2021

PACER
31

Stipulation of Dismissal

Jan. 6, 2022

Jan. 6, 2022

PACER
32

Order

Jan. 7, 2022

Jan. 7, 2022

PACER
33

Judgment of Dismissal with Prejudice. (AY, Case Administrator)

Jan. 7, 2022

Jan. 7, 2022

RECAP

Case Details

State / Territory: Washington

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA Jail and Prison Private Settlement Agreements

Multi-LexSum (in sample)

Key Dates

Filing Date: April 23, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disability Rights Washington, on behalf of its constituents who are inmates with mental illness held in overly restrictive conditions due to their disability.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jay Inslee, Governor of Washington, State

Secretary of the Department of Corrections, State

Donald Holbrook, Superintendent of the Washington State Penitentiary, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $235,000

Order Duration: 2019 - 2022

Issues

General:

Classification / placement

Confinement/isolation

Reasonable Accommodations

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Mental Illness, Unspecified

Type of Facility:

Government-run