Case: Doe v. Washington State Department of Corrections

4:21-cv-05059 | U.S. District Court for the Eastern District of Washington

Filed Date: April 7, 2021

Case Ongoing

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Case Summary

Disability Rights Washington -- Washington's protection and advocacy system for persons with disabilities statewide -- and the ACLU of Washington, in collaboration with private counsel, filed this lawsuit in U.S. District Court for the Eastern District of Washington on April 7, 2021. They sought to prevent the Washington State Department of Corrections (WDOC), as well as Stephen Sinclair, the Secretary of the Department, from releasing records, requested through Washington’s Public Records Act,…

The records at issue were created as part of the risk assessment process and housing protocol required by the Prison Risk Elimination Act, and included detailed information and analysis about gender identity, sexual history and orientation, physical anatomy, history of sexual victimization, and other personal information. The release of such records, plaintiffs argued, would: create a “target list” of vulnerable people currently or previously in WDOC care; deter people from disclosing information that the Department needed to keep them safe; prevent people from seeking needed medical care; and violate the fundamental right to privacy and to live a life consistent with gender identity and without harassment, discrimination, and assault.

In claims brought pursuant to 42 U.S.C. § 1983, plaintiffs asserted that release of the records would constitute deliberate indifference to a substantial risk of serious harm, in violation of the Eighth Amendment, and would violate their fundamental right to keep such sensitive information private without the requisite compelling government interest, in violation of the due process clause of the Fourteenth Amendment. Plaintiffs also asserted two state law claims. First, they alleged that disclosure of the records at issue would violate Article I, Section 7 of the state constitution, which prohibits the government from invading a person’s private affairs, because it would be insufficiently tailored or limited to that which is reasonably necessary to promote the state’s interest in transparency. Second, they argued that the records were exempt from disclosure under RCW 42.56.420, which permits nondisclosure when essential to protect privacy. They sought declaratory and injunctive relief.

Plaintiffs immediately sought a temporary restraining order, which the Washington State Department of Corrections did not oppose, and which Judge Thomas O. Rice granted on April 8, 2021, finding the requisite likelihood of success on the merits, that the release of records regarding confidential information relating to sexual identity and physical health constitutes a substantial irreparable injury, that maintaining the status quo would not prejudice the Department, and that the public interest weighed in favor of keeping the records confidential. 2021 U.S.Dist.LEXIS 68698. The Temporary Restraining Order was extended twice until, on May 17, 2021, the Court granted a preliminary injunction, noting, in finding a likelihood of success on the merits, the increased risk of harm to transgender individuals, and reasoning that transgender status might be a protected class. The Court again concluded that disclosure would cause irreparable injury, and that the plaintiffs’ interest in personal and public safety outweighed the Department of Corrections’ interests in disclosure. 2021 WL 2453099. On May 17, 2021, it also provisionally certified a class of: “All individuals identified as transgender, non-binary, gender non-conforming, and/or intersex in records in the possession of the Washington State Department of Corrections who are currently or were formerly incarcerated by the Washington State Department of Corrections.” 2021 U.S.Dist.LEXIS 93489.

Also on May 17, 2021, the court denied a motion by a private party to intervene by right as a defendant under Federal Rule of Civil Procedure 24(a). In order to intervene by right, a party must have an interest in the outcome of the case that is not adequately represented by a current party in the case. The movant alleged she had a public discourse interest in the disclosure of records pertaining to the transgender population in Washington State prisons, while the Department’s interest was merely in following the law. The court held, however, that the movant had merely requested aggregate numbers, which WDOC had provided to her, thus making her claim moot. Relatedly, the court on June 1, 2021 denied a motion to dismiss for lack of subject matter jurisdiction and a motion opposing the injunction and class certification submitted by the McClatchy Company—a media company that had been listed as an interested party. The court held that, because the company was not an actual party to the case and had not moved to intervene, it lacked standing to bring its motions. 2021 U.S. Dist. LEXIS 103586.

The Department of Corrections moved to certify state law issues to the Washington State Supreme Court on June 10, 2021 and appealed the preliminary injunction to the Ninth Circuit on June 11, 2021. Judge Rice denied the motion to certify state law issues on July 1, 2021, holding that the plaintiffs’ claims rested primarily in federal law and that resolution of the federal claims would terminate the case. The court further reasoned that if it ultimately denied the federal claims, it would decide whether to exercise supplemental jurisdiction over the state law claims at that time. 2021 U.S. Dist. LEXIS 123643. The Department later decided not to pursue its appeal of the preliminary injunction, and the appeal was dismissed on February 4, 2022.

The defendants filed a motion on October 25, 2021 to clarify the court’s preliminary injunction. They argued that it was unclear whether the injunction prohibited release of records pursuant to laws other than RCW 42.56.420, records that don’t include transgender status, and when records are necessary for court proceedings. The court granted the motion on December 1, 2021 because the parties did not agree on the scope of the injunction, and it clarified that the injunction did not apply to records shared non-publicly for penological purposes or in defensive litigation.

The case subsequently entered a lengthy discovery phase, with the parties agreeing to reschedule the forthcoming bench trial multiple times. The trial never took place because, on March 15, 2023, the parties reached an agreement in principle to settle the case and moved to stay the proceedings. In the settlement, the parties agreed to a number of provisions: (1) the court would enter a permanent injunction with the terms of the earlier preliminary injunction, to expire after one year unless extended by the court; (2) WDOC would adopt and implement training materials written with participation by the plaintiffs’ counsel to ensure that public records staff interpret and apply RCW 42.56.475 correctly; (3) WDOC would notify the plaintiffs’ counsel of any action regarding RCW 42.56.475; (4) WDOC would notify current records requestors of the injunction; (5) WDOC would report monthly to the plaintiffs’ counsel about its handling of subsequent records requests; (6) WDOC would pay the plaintiffs’ counsel $650,000 for current and future attorneys’ fees. After a fairness hearing, the court issued an order approving the agreement and consent decree on July 12, 2023 adopting the terms of the settlement and enjoining WDOC for a period of one year.

On October 11, 2023, in a separate settlement arising from the negotiations in this case, the parties agreed that WDOC would undertake additional measures to improve its allegedly unconstitutional and discriminatory treatment of its transgender population.

As of July, 2023, the case had been administratively closed, but the court retained jurisdiction to enforce the consent decree.

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Summary Authors

Tessa Bialek (8/27/2021)

Terry Howard (11/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59803711/parties/john-doe-1-v-washington-state-department-of-corrections/

Judge(s)

Attorney for Plaintiff

Carlson, David R. (Washington)

Chin, Yvonne (Washington)

Clark, Jazmyn (Washington)

Davis, Antoinette Marie (Washington)

Attorney for Defendant

Dibble, Candie M. (Washington)

Expert/Monitor/Master/Other

Judge(s)

Rice, Thomas Owen (Washington)

Attorney for Plaintiff

Carlson, David R. (Washington)

Chin, Yvonne (Washington)

Clark, Jazmyn (Washington)

Davis, Antoinette Marie (Washington)

Forster, Katherine M (California)

Frenchman, Ethan Drew (Washington)

McKimmie, Heather Lynn (Washington)

Nowlin, Lisa (Washington)

Nowlin-Sohl, Li (Washington)

Shaeffer, Joseph R. (Washington)

Talner, Nancy Lynn (Washington)

Waxwing, Danny (Washington)

Attorney for Defendant

Dibble, Candie M. (Washington)

Lang, Timothy N (Washington)

Expert/Monitor/Master/Other

Earl-Hubbard, Michele Lynn (Washington)

Jackson, Candice (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4:21-cv-05059	Docket [PACER]	July 14, 2021	July 14, 2021 Docket
1 4:21-cv-05059	Complaint for Declaratory and Injunctive Relief	April 7, 2021	April 7, 2021 Complaint
22 4:21-cv-05059	Order Granting Motion for Temporary Restraining Order	April 8, 2021	April 8, 2021 Order/Opinion 2021 U.S.Dist.LEXIS 68698
70 4:21-cv-05059	Order Granting Preliminary Injunction	May 17, 2021	May 17, 2021 Order/Opinion 2021 WL 2453099
69 4:21-cv-05059	Order Granting Motion for Provisional Class Certification	May 17, 2021	May 17, 2021 Order/Opinion 2021 U.S.Dist.LEXIS 93489
89 4:21-cv-05059	Order Denying Defendants' Motion to Certify State Law Issues to the Washington Supreme Court	July 1, 2021	July 1, 2021 Order/Opinion 2021 U.S.Dist.LEXIS 123643
147 4:21-cv-05059	Plaintiffs' Unopposed Motion For Approval of Settlement and Consent Decree	May 31, 2023	May 31, 2023 Pleading / Motion / Brief
160 4:21-cv-05059	Order Granting Unopposed Motion For Approval of Settlement And Consent Decree After Final Fairness Hearing	July 12, 2023	July 12, 2023 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Does v. Washington State Department of Corrections	Does v. Washington State Department of Corrections, et al., E.D. Wash. No. 4:21-cv-05059-TOR, is a federal class-action lawsuit challenging the way the Washington Department of Corrections (DOC) resp…	June 17, 2021	June 17, 2021 http://web.archive.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/59803711/john-doe-1-v-washington-state-department-of-corrections/

Last updated Aug. 7, 2025, 1:03 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 402; Receipt # AWAEDC-3764379) Filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Department of Corrections, # 3 Summons Stephen Sinclair, # 4 Summons Bonneville, # 5 Summons The McClatchy, # 6 Summons Andrea Kelly)(Shaeffer, Joseph) (Entered: 04/07/2021) 1 Civil Cover Sheet View on RECAP 2 Summons Department of Corrections View on RECAP 3 Summons Stephen Sinclair View on RECAP 4 Summons Bonneville View on RECAP 5 Summons The McClatchy View on RECAP 6 Summons Andrea Kelly View on RECAP	April 7, 2021	April 7, 2021 RECAP
2	MOTION for Leave to File Excess Pages by All Plaintiffs. Motion Hearing set for 5/7/2021 Without Oral Argument before Judge Thomas O Rice. (Attachments: # 1 Text of Proposed Order)(Shaeffer, Joseph) Modified on 4/8/2021 to correct Judge (LLH, Courtroom Deputy). (Entered: 04/07/2021) 1 Text of Proposed Order View on RECAP	April 7, 2021	April 7, 2021 RECAP
3	MOTION Motion To Proceed Pseudonym - Unopposed by All Plaintiffs. Motion Hearing set for 5/7/2021 Without Oral Argument before Judge Thomas O Rice. (Attachments: # 1 Text of Proposed Order)(Shaeffer, Joseph) Modified on 4/8/2021 to correct Judge(LLH, Courtroom Deputy). (Entered: 04/07/2021) 1 View on RECAP	April 7, 2021	April 7, 2021 PACER
	Notice of Judge Assignment	April 8, 2021	April 8, 2021 PACER
	Notice of Judge Assignment. Judge Thomas O. Rice assigned to case. (SG, Case Administrator)	April 8, 2021	April 8, 2021 PACER
4	Summons Issued as to Bonneville International Inc, Andrea Kelly, Stephen Sinclair, The McClatchy Company LLC, and Washington State Department of Corrections. (Attachments: # 1 Stephen Sinclair, # 2 Bonneville International, # 3 The McClatchy Company, # 4 Andrea Kelly)(SG, Case Administrator) (Entered: 04/08/2021) 1 Stephen Sinclair View on PACER 2 Bonneville International View on PACER 3 The McClatchy Company View on PACER 4 Andrea Kelly View on PACER	April 8, 2021	April 8, 2021 PACER
	Set/Reset Motion Hearing	April 8, 2021	April 8, 2021 PACER
5	ORDER granting 2 Motion for Leave to File Excess Pages. The pleadings at ECF Nos. 1, 3 are accepted as filed. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER
6	MOTION for Temporary Restraining Order to Preserve the Status Quo by All Plaintiffs. Motion Hearing set for 4/8/2021 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Shaeffer, Joseph) (Entered: 04/08/2021) 1 Text of Proposed Order View on RECAP	April 8, 2021	April 8, 2021 RECAP
7	MOTION for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 5/10/2021 at 09:00 AM in Richland Courtroom 189 before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Shaeffer, Joseph) (Entered: 04/08/2021) 1 Text of Proposed Order View on PACER	April 8, 2021	April 8, 2021 PACER
8	DECLARATION by Ethan Frenchman in Support re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit)(Shaeffer, Joseph) (Entered: 04/08/2021) 1 Exhibit View on PACER	April 8, 2021	April 8, 2021 PACER
9	DECLARATION by Kathleen Dennehy-Fay in Support re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 RECAP
10	DECLARATION by Dan Karasic in Support re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 RECAP
11	DECLARATION by John Doe 1 in Support re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 RECAP
12	DECLARATION by John Doe 2 in Support re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 RECAP
13	DECLARATION by Jane Doe 1 in Support re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 RECAP
14	DECLARATION by Jane Doe 2 in Support re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER
15	DECLARATION by Jane Doe 3 in Support re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER
16	MOTION to Certify Class by All Plaintiffs. Motion Hearing set for 5/10/2021 at 09:00 AM in Richland Courtroom 189 before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER
17	DECLARATION by Joe Shaeffer in Support re 16 MOTION to Certify Class filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER
18	DECLARATION by David Carlson in Support re 16 MOTION to Certify Class filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER
19	DECLARATION by Katherine M. Forster in Support re 16 MOTION to Certify Class filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER
20	DECLARATION by Nancy Talner in Support re 16 MOTION to Certify Class filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER
21	NOTICE of Appearance by Candie M Dibble on behalf of Stephen Sinclair, Washington State Department of Corrections (Attorney Candie M Dibble added to party Stephen Sinclair(pty:dft), Attorney Candie M Dibble added to party Washington State Department of Corrections(pty:dft))(Dibble, Candie) (Entered: 04/08/2021)	April 8, 2021	April 8, 2021 PACER
22	ORDER granting 6 Motion for Temporary Restraining Order. Signed by Judge Thomas O. Rice. (BF, Paralegal)	April 8, 2021	April 8, 2021 RECAP
	Reset Motion Hearing as to 3 Plaintiff's Motion To Proceed Pseudonym - Unopposed . Motion Hearing reset for 5/6/2021 Without Oral Argument before Judge Thomas O. Rice. Motion reset pursuant to local rule. (BF, Paralegal)	April 8, 2021	April 8, 2021 PACER
	Order on Motion for Leave to File Excess Pages	April 8, 2021	April 8, 2021 PACER
23	NOTICE RESETTING HEARING ON MOTIONS BY COURT. Plaintiff's 16 Motion to Certify Class; 3 Motion To Proceed Pseudonym - Unopposed; and 7 Motion for Preliminary Injunction set for 5/10/2021 in Richland are RESET FOR TELEPHONIC ARGUMENT ON 5/12/2021 at 1:30 PM before Judge Thomas O. Rice. The parties are directed to call the Court's conference line at (888) 273-3658 five (5) minutes before the designated hearing time. When prompted, enter Access Code 2982935 and Security Code 5059. The use of cell phones is permitted, but not in speaker mode and they must be muted unless addressing the Court. TEXT ONLY NOTICE; NO PDF WILL ISSUE.(BF, Paralegal) Modified on 4/9/2021. (Entered: 04/09/2021)	April 9, 2021	April 9, 2021 PACER
	Notice of Hearing on Motion - By Court	April 9, 2021	April 9, 2021 PACER
24	MOTION to Appear Pro Hac Vice re Attorney: Katherine M. Forster. Filing fee $200, receipt number 76095887484 by All Plaintiffs. Motion Hearing set for 5/13/2021 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order Proposed Order)(Shaeffer, Joseph) (Entered: 04/13/2021)	April 13, 2021	April 13, 2021 PACER
25	ORDER granting 24 Motion for Leave to Appear Pro Hac Vice. Attorney Katherine M. Forster added for Plaintiffs Jane Doe 1, Jane Doe 2, Jane Doe 3, John Doe 1, and John Doe 2. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 04/13/2021)	April 13, 2021	April 13, 2021 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	April 13, 2021	April 13, 2021 PACER
26	MOTION Motion to Extend Temporary Restraining Order or, in the Alternative, Motion for Expedited Hearing on Motion for Preliminary Injunction by All Plaintiffs. Motion Hearing set for 4/22/2021 Without Oral Argument before Judge Thomas O. Rice. (Shaeffer, Joseph) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021 PACER
27	DECLARATION by Joe Shaeffer in Support re 26 MOTION Motion to Extend Temporary Restraining Order or, in the Alternative, Motion for Expedited Hearing on Motion for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021 PACER
28	Submission of Proposed Order Re 26 MOTION Motion to Extend Temporary Restraining Order or, in the Alternative, Motion for Expedited Hearing on Motion for Preliminary Injunction filed by and all persons similarly situated, Jane Doe 3, John Doe 2, Jane Doe 1, Jane Doe 2, John Doe 1 ; filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/16/2021)	April 16, 2021	April 16, 2021 PACER
29	CERTIFICATE OF SERVICE filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/20/2021)	April 20, 2021	April 20, 2021 PACER
30	CERTIFICATE OF SERVICE filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/20/2021)	April 20, 2021	April 20, 2021 PACER
31	MOTION for Leave to File Excess Pages by Stephen Sinclair, Washington State Department of Corrections. Motion Hearing set for 4/22/2021 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Dibble, Candie) (Entered: 04/22/2021) 1 Text of Proposed Order View on PACER	April 22, 2021	April 22, 2021 PACER
32	RESPONSE to Motion re 7 MOTION for Preliminary Injunction filed by Stephen Sinclair, Washington State Department of Corrections. (Attachments: # 1 Text of Proposed Order)(Dibble, Candie) (Entered: 04/22/2021) 1 Text of Proposed Order View on PACER	April 22, 2021	April 22, 2021 PACER
33	DECLARATION by Jeneva Cotton in Opposition re 7 MOTION for Preliminary Injunction filed by Stephen Sinclair, Washington State Department of Corrections. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Dibble, Candie) (Entered: 04/22/2021) 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	April 22, 2021	April 22, 2021 PACER
34	DECLARATION by Denise Vaughan in Opposition re 7 MOTION for Preliminary Injunction filed by Stephen Sinclair, Washington State Department of Corrections. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Dibble, Candie) (Entered: 04/22/2021) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	April 22, 2021	April 22, 2021 PACER
35	CORRECTED DOCUMENT filed by Stephen Sinclair, Washington State Department of Corrections Re 34 Declaration in Opposition to Motion, 7 MOTION for Preliminary Injunction . Description: Signed version to be filed. (Dibble, Candie) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 RECAP
36	REPLY MEMORANDUM re 26 MOTION Motion to Extend Temporary Restraining Order or, in the Alternative, Motion for Expedited Hearing on Motion for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
37	RESPONSE to Motion re 16 MOTION to Certify Class filed by Stephen Sinclair, Washington State Department of Corrections. (Attachments: # 1 Text of Proposed Order)(Dibble, Candie) (Entered: 04/22/2021) 1 Text of Proposed Order View on PACER	April 22, 2021	April 22, 2021 PACER
38	STATEMENT OF FACTS re 16 MOTION to Certify Class filed by Stephen Sinclair, Washington State Department of Corrections. (Dibble, Candie) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 RECAP
39	ORDER granting 26 Unopposed Motion to Extend Temporary Restraining Order to Preserve the Status Quo. Signed by Judge Thomas O. Rice. (BF, Paralegal) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 RECAP
40	ORDER granting 31 Motion for Leave to File Excess Pages. For good cause shown, Defendants' Unopposed Motion to Exceed Page Limits, ECF No. 31, is GRANTED. The Defendants' response is accepted as filed. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 04/22/2021)	April 22, 2021	April 22, 2021 PACER
	Order on Motion for Leave to File Excess Pages	April 22, 2021	April 22, 2021 PACER
41	MOTION to Intervene and for Procedural Relief by Andrea Kelly. Motion Hearing set for 5/26/2021 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Affidavit Declaration of Candice Jackson in Support of Motion to Intervene, # 2 Text of Proposed Order Proposed Order Granting Motion to Intervene)(Jackson, Candice) (Entered: 04/23/2021) 1 Affidavit Declaration of Candice Jackson in Support of Motion to Intervene View on RECAP 2 Text of Proposed Order Proposed Order Granting Motion to Intervene View on RECAP	April 23, 2021	April 23, 2021 RECAP
42	First MOTION to Dismiss for Failure to State a Claim lack of jurisdiction and for failure to name necessary party, First MOTION for Sanctions, First MOTION dismiss/continue/fees/transfer re 32 Response to Motion, 35 Amended/Corrected Document, 34 Declaration in Opposition to Motion, 37 Response to Motion, 41 MOTION to Intervene and for Procedural Relief, 8 Declaration in Support of Motion, 33 Declaration in Opposition to Motion, 1 Complaint, 16 MOTION to Certify Class, 38 Statement of Facts, 7 MOTION for Preliminary Injunction, First MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Certify Class, 7 MOTION for Preliminary Injunction, First MOTION to Dismiss, First MOTION to Continue plaintiffs' PI and Class Cert Motions by The McClatchy Company LLC. Motion Hearing set for 5/24/2021 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order Proposed Order)(Earl-Hubbard, Michele) (Entered: 04/23/2021) 1 Text of Proposed Order Proposed Order View on PACER	April 23, 2021	April 23, 2021 PACER
43	MOTION Motion to Seal by All Plaintiffs. Motion Hearing set for 5/3/2021 Without Oral Argument before Judge Thomas O. Rice. (Attachments: # 1 Text of Proposed Order)(Shaeffer, Joseph) (Entered: 04/26/2021) 1 Text of Proposed Order View on PACER	April 26, 2021	April 26, 2021 PACER
44	DECLARATION by Ethan Frenchman in Support re 43 MOTION Motion to Seal filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/26/2021)	April 26, 2021	April 26, 2021 RECAP
45	ANSWER to Complaint by Stephen Sinclair, Washington State Department of Corrections.(Dibble, Candie) (Entered: 04/27/2021)	April 27, 2021	April 27, 2021 PACER
46	ORDER granting 43 Motion to Seal. For good cause shown and in accordance with this Court's TRO, Plaintiffs' Motion to Seal (ECF No. 43) is GRANTED. The Clerk shall seal ECF Nos. 33-4 and 33-5, pending further Order of the Court and the Court's consideration of the Motion for Preliminary Injunction. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE. (BF, Paralegal) (Entered: 04/27/2021)	April 27, 2021	April 27, 2021 PACER
	Order on Motion for Miscellaneous Relief	April 27, 2021	April 27, 2021 PACER
47	Second MOTION for Temporary Restraining Order by All Plaintiffs. Motion Hearing set for 5/6/2021 Without Oral Argument before Judge Thomas O. Rice. (Shaeffer, Joseph) (Entered: 04/29/2021)	April 29, 2021	April 29, 2021 RECAP
48	Unopposed MOTION Exceed Page Limits by All Plaintiffs. Motion Hearing set for 4/29/2021 Without Oral Argument before Judge Thomas O. Rice. (Shaeffer, Joseph) (Entered: 04/29/2021)	April 29, 2021	April 29, 2021 PACER
49	REPLY MEMORANDUM re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/29/2021)	April 29, 2021	April 29, 2021 PACER
50	DECLARATION by Ethan Frenchman in Support of Reply Brief for Preliminary Injunction in Support re 7 MOTION for Preliminary Injunction filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/29/2021)	April 29, 2021	April 29, 2021 PACER
51	Submission of Proposed Order Re 7 MOTION for Preliminary Injunction filed by and all persons similarly situated, Jane Doe 3, John Doe 2, Jane Doe 1, Jane Doe 2, John Doe 1 ; filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/29/2021)	April 29, 2021	April 29, 2021 PACER
52	REPLY MEMORANDUM re 16 MOTION to Certify Class filed by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Shaeffer, Joseph) (Entered: 04/29/2021) 1 Text of Proposed Order View on PACER	April 29, 2021	April 29, 2021 PACER
53	Submission of Proposed Order Re 48 Unopposed MOTION Exceed Page Limits filed by and all persons similarly situated, Jane Doe 3, John Doe 2, Jane Doe 1, Jane Doe 2, John Doe 1 ; filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 04/29/2021)	April 29, 2021	April 29, 2021 PACER
54	ORDER granting 48 Unopposed Motion to Exceed Page Limits. Plaintiffs' Reply at ECF No. 49 is accepted as filed. Signed by Judge Thomas O. Rice. TEXT ONLY ORDER; NO PDF WILL ISSUE.(BF, Paralegal) (Entered: 05/03/2021)	May 3, 2021	May 3, 2021 PACER
55	RESPONSE to Motion re 47 Second MOTION for Temporary Restraining Order filed by Stephen Sinclair, Washington State Department of Corrections. (Dibble, Candie) (Entered: 05/04/2021)	May 4, 2021	May 4, 2021 PACER
56	CORRECTED DOCUMENT filed by Stephen Sinclair, Washington State Department of Corrections Re 55 Response to Motion, 47 Second MOTION for Temporary Restraining Order . Description: Draft filed Missing Information. (Dibble, Candie) (Entered: 05/04/2021)	May 4, 2021	May 4, 2021 PACER
57	RESPONSE to Motion re 41 MOTION to Intervene and for Procedural Relief filed by Stephen Sinclair, Washington State Department of Corrections. (Dibble, Candie) (Entered: 05/04/2021)	May 4, 2021	May 4, 2021 PACER
	Order on Motion for Miscellaneous Relief	May 4, 2021	May 4, 2021 PACER
58	REPLY MEMORANDUM re 47 Second MOTION for Temporary Restraining Order filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 05/05/2021)	May 5, 2021	May 5, 2021 PACER
59	DECLARATION by Danny Waxwing in Support re 47 Second MOTION for Temporary Restraining Order filed by All Plaintiffs. (Attachments: # 1 Exhibit)(Shaeffer, Joseph) (Entered: 05/05/2021) 1 View on RECAP	May 5, 2021	May 5, 2021 PACER
60	Sealed Document by Jane Doe 1, Jane Doe 2, Jane Doe 3, John Doe 1, John Doe 2. (Shaeffer, Joseph) (Entered: 05/05/2021)	May 5, 2021	May 5, 2021 PACER
61	ORDER granting 47 Second Motion to Extend Temporary Restraining Order. Signed by Judge Thomas O. Rice. (BF, Paralegal)	May 6, 2021	May 6, 2021 RECAP
62	RESPONSE to Motion re 41 MOTION to Intervene and for Procedural Relief filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 05/07/2021)	May 7, 2021	May 7, 2021 RECAP
63	DECLARATION by Joe Shaeffer in Opposition re 41 MOTION to Intervene and for Procedural Relief filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 05/07/2021)	May 7, 2021	May 7, 2021 PACER
64	Minute Entry for TELEPHONIC proceedings held before Judge Thomas O. Rice: Motion Hearing held on 5/12/2021. (Reported by: Ronelle F. Corbey) (LLH, Courtroom Deputy) (Entered: 05/12/2021)	May 12, 2021	May 12, 2021 PACER
65	RESPONSE to Motion re 42 First MOTION to Dismiss for Failure to State a Claim lack of jurisdiction and for failure to name necessary partyFirst MOTION for Sanctions First MOTION dismiss/continue/fees/transfer re 32 Response to Motion, 35 Amended/Corrected Document, 34 Declaration in Opposition to Motion, 37 Response to Motion, 41 MOTION to Intervene and for Procedural Relief, 8 DeclaraFirst MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Certify Class, 7 MOTION for Preliminary Injunction First MOTION to Dismiss First MOTION to Continue plaintiffs' PI and Class Cert Motions filed by Stephen Sinclair, Washington State Department of Corrections. (Dibble, Candie) (Entered: 05/13/2021)	May 13, 2021	May 13, 2021 RECAP
66	RESPONSE to Motion re 42 First MOTION to Dismiss for Failure to State a Claim lack of jurisdiction and for failure to name necessary partyFirst MOTION for Sanctions First MOTION dismiss/continue/fees/transfer re 32 Response to Motion, 35 Amended/Corrected Document, 34 Declaration in Opposition to Motion, 37 Response to Motion, 41 MOTION to Intervene and for Procedural Relief, 8 DeclaraFirst MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Certify Class, 7 MOTION for Preliminary Injunction First MOTION to Dismiss First MOTION to Continue plaintiffs' PI and Class Cert Motions filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 05/14/2021)	May 14, 2021	May 14, 2021 RECAP
67	DECLARATION by Joe Shaeffer in Opposition re 42 First MOTION to Dismiss for Failure to State a Claim lack of jurisdiction and for failure to name necessary partyFirst MOTION for Sanctions First MOTION dismiss/continue/fees/transfer re 32 Response to Motion, 35 Amended/Corrected Document, 34 Declaration in Opposition to Motion, 37 Response to Motion, 41 MOTION to Intervene and for Procedural Relief, 8 DeclaraFirst MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Certify Class, 7 MOTION for Preliminary Injunction First MOTION to Dismiss First MOTION to Continue plaintiffs' PI and Class Cert Motions filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 05/14/2021)	May 14, 2021	May 14, 2021 RECAP
68	ORDER TO PROCEED USING PSEUDONYM. Plaintiffs' Motion to Proceed in Pseudonym (ECF No. 3 ) is GRANTED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 05/17/2021)	May 17, 2021	May 17, 2021 RECAP
69	ORDER GRANTING MOTION FOR PROVISIONAL CLASS CERTIFICATION. Plaintiffs' Motion for Provisional Class Certification (ECF No. 16 ) is GRANTED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)	May 17, 2021	May 17, 2021 RECAP
70	ORDER GRANTING PRELIMINARY INJUNCTION. Plaintiffs' Motion for Preliminary Injunction (ECF No. 7 ) is GRANTED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)	May 17, 2021	May 17, 2021 RECAP
71	ORDER DENYING MOTION TO INTERVENE. Andrea Kelly's Motion to Intervene and for Procedural Relief, ECF No. 41, is DENIED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 05/17/2021)	May 17, 2021	May 17, 2021 RECAP
72	ORDER ON MISCELLANEOUS RELIEF. News Tribune's Opposition to Plaintiffs' Motions for Preliminary Injunction and Class Certification; Motion to Dismiss or Transfer; Motion for Continuance of Plaintiffs' Motions; and Motion for Award of Fees and Costs (ECF No. 42 ), is DENIED. The Clerk of Court is directed to terminate The McClatchy Company, d.b.a. The Tacoma News Tribune as an Interested Party in the docket of this case. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)	June 1, 2021	June 1, 2021 RECAP
73	RESPONSE Proposal re: Notice to Class Members by All Plaintiffs. (Attachments: # 1 Exhibit A)(Shaeffer, Joseph) (Entered: 06/01/2021) 1 Exhibit A View on PACER	June 1, 2021	June 1, 2021 PACER
74	RESPONSE re 73 Response by Stephen Sinclair, Washington State Department of Corrections. (Dibble, Candie) (Entered: 06/08/2021)	June 8, 2021	June 8, 2021 RECAP
75	MOTION to Certify State Law Issues to the Washington Supreme Court by Stephen Sinclair, Washington State Department of Corrections. Motion Hearing set for 7/12/2021 Without Oral Argument before Judge Thomas O. Rice. (Dibble, Candie) (Entered: 06/10/2021)	June 10, 2021	June 10, 2021 PACER
76	LODGED NOTICE OF APPEAL from District Court decision as to 70 Order on Motion for Preliminary Injunction by Washington State Department of Corrections, Stephen Sinclair. Filing fee $ 505, receipt number AWAEDC-3810571. (Dibble, Candie) (Entered: 06/11/2021)	June 11, 2021	June 11, 2021 RECAP
77	NOTICE OF INTERLOCUTORY APPEAL from District Court decision as to 70 Order on Motion for Preliminary Injunction by Stephen Sinclair and Washington State Department of Corrections. cc: Court Reporter: Ronelle Corbey. (SG, Case Administrator) 9CCA: 21-35453 Modified on 6/14/2021. (SG, Case Administrator). (Entered: 06/11/2021)	June 11, 2021	June 11, 2021 PACER
78	9CCA Payment Notification form re 77 Notice of Appeal. Received $505, receipt number AWAEDC-3810571. (SG, Case Administrator) (Entered: 06/11/2021)	June 11, 2021	June 11, 2021 PACER
79	Letter from Appeal Deputy Clerk to Attorney Candie M Dibble dated 6/11/2021. (Attachments: # 1 Notice of Appeal, # 2 Docket Sheet)(SG, Case Administrator) (Entered: 06/11/2021)	June 11, 2021	June 11, 2021 PACER
80	COPY OF 9CCA Notice as to 77 Notice of Interlocutory Appeal filed by Stephen Sinclair and Washington State Department of Corrections. 9CCA: 21-35453. (SG, Case Administrator) (Entered: 06/14/2021)	June 14, 2021	June 14, 2021 PACER
81	REPLY re 73 Response Proposal re: Notice to Class Members by All Plaintiffs. (Shaeffer, Joseph) (Entered: 06/16/2021)	June 16, 2021	June 16, 2021 RECAP
82	SCHEDULING CONFERENCE NOTICE: Telephonic Scheduling Conference set for 7/14/2021 at 2:30 PM before Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 06/17/2021)	June 17, 2021	June 17, 2021 RECAP
83	AMENDED SCHEDULING CONFERENCE NOTICE. Telephonic Scheduling Conference set for 7/14/2021 at 2:30 PM before Judge Thomas O. Rice. (Notice amended to correct hearing time from 3:30 PM to 2:30 PM.) (BF, Paralegal) (Entered: 06/21/2021)	June 21, 2021	June 21, 2021 PACER
84	RESPONSE to Motion re 75 MOTION to Certify State Law Issues to the Washington Supreme Court filed by All Plaintiffs. (Shaeffer, Joseph) (Entered: 06/24/2021)	June 24, 2021	June 24, 2021 RECAP
85	Joint Certificate Pursuant to Rule 26 / Rule 16 by All Defendants. (Dibble, Candie) See corrected document filed at ECF No. 86 . Modified on 6/30/2021 (SG, Case Administrator). (Entered: 06/30/2021)	June 30, 2021	June 30, 2021 RECAP
86	CORRECTED DOCUMENT filed by All Defendants Re 85 Rule 26 / Rule 16 Joint Certificate. Description: Corrected Attorney Firm and Signatures. (Dibble, Candie) (Entered: 06/30/2021)	June 30, 2021	June 30, 2021 RECAP
87	REPLY MEMORANDUM re 75 MOTION to Certify State Law Issues to the Washington Supreme Court filed by All Defendants. (Dibble, Candie) (Entered: 06/30/2021)	June 30, 2021	June 30, 2021 RECAP
88	ORDER DIRECTING IMPLEMENTATION OF PROPOSED CLASS NOTICE. Plaintiffs' Proposal of Notice to Class Members (ECF No. 73 ) is GRANTED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy) (Entered: 06/30/2021)	June 30, 2021	June 30, 2021 RECAP
89	ORDER DENYING DEFENDANTS' MOTION TO CERTIFY STATE LAW ISSUES TO THE WASHINGTON SUPREME COURT 75 . Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)	July 1, 2021	July 1, 2021 RECAP
90	Minute Entry for TELEPHONIC proceedings held before Judge Thomas O. Rice: Scheduling Conference held on 7/14/2021. (Reported by: Crystal Hicks) (LLH, Courtroom Deputy) (Entered: 07/14/2021)	July 14, 2021	July 14, 2021 PACER

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Case Details

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 7, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are a class of people identified as transgender, non-binary, gender non-conforming, and/or intersex in records in the possession of the Washington State Department of Corrections, and who are currently or formerly incarcerated by the Washington State Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Washington State Department of Corrections, State

Defendant Type(s):