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

Clearinghouse coding complete

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, as well as Stephen Sinclair, the Secretary of the Department, from releasing records, requested through Washington’s Public Records Act, that w…

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, as well as Stephen Sinclair, the Secretary of the Department, from releasing records, requested through Washington’s Public Records Act, that would reveal the identities and personal information of the class that they aimed to represent: transgender, non-binary, gender non-conforming, and intersex persons currently and formerly in Department of Corrections custody.

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 Department of Corrections 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 inmates, 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. The Washington State Department of Corrections filed an interlocutory appeal of the order granting the preliminary injunction.

Summary Authors

Tessa Bialek (8/27/2021)

People

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


Judge(s)

Rice, Thomas Owen (Washington)

Attorneys(s) for Plaintiff

Carlson, David R. (Washington)

Davis, Antoinette Marie (Washington)

Forster, Katherine M (California)

Frenchman, Ethan Drew (Washington)

McKimmie, Heather Lynn (Washington)

Nowlin, Lisa (Washington)

Shaeffer, Joseph R. (Washington)

Talner, Nancy Lynn (Washington)

Waxwing, Danny (Washington)

Judge(s)

Rice, Thomas Owen (Washington)

Attorneys(s) for Plaintiff

Carlson, David R. (Washington)

Davis, Antoinette Marie (Washington)

Forster, Katherine M (California)

Frenchman, Ethan Drew (Washington)

McKimmie, Heather Lynn (Washington)

Nowlin, Lisa (Washington)

Shaeffer, Joseph R. (Washington)

Talner, Nancy Lynn (Washington)

Waxwing, Danny (Washington)

Attorneys(s) for Defendant

Dibble, Candie M. (Washington)

Other Attorney(s)

Earl-Hubbard, Michele Lynn (Washington)

Jackson, Candice (California)

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

2021 U.S.Dist.LEXIS 68698

April 8, 2021

April 8, 2021

Order/Opinion
70

4:21-cv-05059

Order Granting Preliminary Injunction

2021 WL 2453099, 2021 U.S.Dist.LEXIS 93455

May 17, 2021

May 17, 2021

Order/Opinion
69

4:21-cv-05059

Order Granting Motion for Provisional Class Certification

2021 U.S.Dist.LEXIS 93489

May 17, 2021

May 17, 2021

Order/Opinion
89

4:21-cv-05059

Order Denying Defendants' Motion to Certify State Law Issues to the Washington Supreme Court

2021 U.S.Dist.LEXIS 123643

July 1, 2021

July 1, 2021

Order/Opinion

Resources

Docket

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

Last updated Aug. 8, 2022, 3 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

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2 Summons Department of Corrections

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3 Summons Stephen Sinclair

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4 Summons Bonneville

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5 Summons The McClatchy

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6 Summons Andrea Kelly

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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

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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

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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

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2 Bonneville International

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3 The McClatchy Company

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4 Andrea Kelly

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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

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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

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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

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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) (Entered: 04/08/2021)

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)

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

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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

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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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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

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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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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

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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

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2 Text of Proposed Order Proposed Order Granting Motion to Intervene

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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

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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

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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

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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

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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

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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) (Entered: 05/06/2021)

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) (Entered: 05/17/2021)

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) (Entered: 05/17/2021)

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) (Entered: 06/01/2021)

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

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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) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

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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

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.

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):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2021 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Prison Rape Elimination Act

Records Disclosure

Discrimination-basis:

Gender identity

Sexual orientatation

Type of Facility:

Government-run