Case: Herrera v. Pierce County

3:95-cv-05025 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 19, 1995

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On January 19, 1995, inmates at the Pierce County Detention and Corrections Center ("PCDCC") in Tacoma Washington filed a class action under 42 U.S.C. § 1983 in the United States District Court for the Western District of Washington against the County, and various agencies responsible for the operation of the PCDCC. Plaintiffs were represented by Columbia Legal Services, Northwest Justice Project, and private attorneys.On October 31, 1995, the parties entered into a temporary stipulated order …

On January 19, 1995, inmates at the Pierce County Detention and Corrections Center ("PCDCC") in Tacoma Washington filed a class action under 42 U.S.C. § 1983 in the United States District Court for the Western District of Washington against the County, and various agencies responsible for the operation of the PCDCC. Plaintiffs were represented by Columbia Legal Services, Northwest Justice Project, and private attorneys.

On October 31, 1995, the parties entered into a temporary stipulated order addressing overcrowding (by setting a population cap) and health care staffing. The parties entered into another stipulated order on January 26, 1996. This order addressed the facility's classification system regarding violent inmates and security staff, along with a wide range of issues including , health care staffing, classification systems, meals, laundry, access to educational prgrams, and others. The Court (Judge Franklin D. Burgess) approved the final settlement agreement and order on March 28, 1996. This order incorporated all previous orders and additionally addressed religious services, access to legal materials, mental health, medical, and dental care, and dealing with staff misconduct. The court maintained jurisdiction of the case and in 2005, there were several proceedings regarding a monitor's failure for several years to provide reports to the court.

In 2007, Dr. Joe Goldenson was substituted as the court monitor. He also failed to submit any reports, and in 2010, he was replaced by Judith Cox. She submitted two reports over the next year. In the second report, dated February 22, 2011, Ms. Cox was of the opinion that the jail had complied with the outstanding health-care terms of the settlement agreement. Thereafter, the parties stipulated to dismiss the case with prejudice in an Order signed by Judge Robert B. Bryan on February 25, 2011.

Summary Authors

Blase Kearney (4/14/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4683109/parties/herrera-v-pierce-county/


Judge(s)

Arnold, J. Kelley (Washington)

Bryan, Robert Jensen (Washington)

Burgess, Franklin D. (Washington)

Attorneys(s) for Plaintiff

Diamondstone, Fred (Washington)

Dimock, Christina Nicole (Washington)

Dunne, Sarah A. (Washington)

Midgley, John (Washington)

Mungia, Salvador A. (Washington)

Parsons, Stephen (Washington)

Purbaugh, John (Washington)

Judge(s)

Arnold, J. Kelley (Washington)

Bryan, Robert Jensen (Washington)

Burgess, Franklin D. (Washington)

Attorneys(s) for Plaintiff

Diamondstone, Fred (Washington)

Dimock, Christina Nicole (Washington)

Dunne, Sarah A. (Washington)

Midgley, John (Washington)

Mungia, Salvador A. (Washington)

Parsons, Stephen (Washington)

Purbaugh, John (Washington)

Williams, Harry IV (Washington)

Attorneys(s) for Defendant

Bremner, Anne Melani (Washington)

Hamilton, Daniel R (Washington)

Ladenburg, John W. (Washington)

Sutherland, Doug (Washington)

Vanscoy, Douglas W. (Washington)

Expert/Monitor/Master

Cox, Judith F. (New York)

Goldenson, Joe (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 25, 2011 Docket
41

Stipulated Order

Oct. 31, 1995 Order/Opinion

Stipulated Order Re: Interim Facilty Classification, and Security Staffing

Jan. 8, 1996 Order/Opinion

Stipulated Order and Final Judgment

March 15, 1996 Order/Opinion
286

Stipulated Order Removing Court Monitor and Appointing Replacement

Jan. 8, 2010 Order/Opinion
312

Court Monitor's Report

Aug. 10, 2010 Monitor/Expert/Receiver Report
368

Court Monitor's Report

Feb. 22, 2011 Monitor/Expert/Receiver Report
372

Stipulation and Order of Dismissal With Prejudice

Feb. 25, 2012 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4683109/herrera-v-pierce-county/

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

ECF Number Description Date Link
126

REPORT AND RECOMMENDATIONS re 121 MOTION for Order to Show Cause re: Steve Shelton, M.D. filed by Sandra Herrera,. Noting Date 7/22/2005. by Judge J. Kelley Arnold. (Attachments: # 1 Proposed Order)(CAR, )

2 Proposed Order

View on PACER

June 21, 2005 RECAP
127

ORDER adopting Report and Recommendations re 126 REPORT AND RECOMMENDATIONS re 121 MOTION for Order to Show Cause re: Steve Shelton, M.D. filed by Sandra Herrera,. by Judge Franklin D. Burgess.(DK, )

Aug. 10, 2005 RECAP
130

ORDER that the Court's Order of 10/28/05 128 is hereby RESCINDED by Judge Franklin D. Burgess. (CAR, )

Oct. 31, 2005 RECAP
135

REPORT AND RECOMMENDATIONS re 131 MOTION for Order to Show Cause Directing Steve Shelton, M.D. To Show Cause Why He Should Not Be Removed As Court Monitor filed by Sandra Herrera.Noting Date 3/16/2007. by Judge J. Kelley Arnold.

Feb. 16, 2007 RECAP
136

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 135 Order to show cause by Judge Franklin D. Burgess. (SPH, )

March 19, 2007 RECAP
138

ORDER: On 4/18/07, Dr. Shelton filed a response to the court's orderk to show cause. The parties are given until 6/8/07 to file a reply to Dr. Shelton's letter. 131 MOTION for Order to Show Cause Directing Steve Shelton, M.D. To Show Cause Why He Should Not Be Removed As Court Monitor filed by Sandra Herrera, 137 Report by Judge J. Kelley Arnold. (DK)

May 16, 2007 RECAP
145

ORDER that Dr. Shelton is removed as the court monitor of this action; the parties will have until 8/15/07, to submit two names of potential persons to replace Dr. Shelton as court monitor in this action; estimated costs for each person should also be provided; by Judge J. Kelley Arnold. (CMG, )

July 9, 2007 RECAP
147

STIPULATION AND ORDER 146 that the parties shall file a joint report or separate reports concerning the nomination of a new Court Monitor with respect to medical care at the Pierce County Detention Center (Jail) on or before 9/5/2007 by Judge J. Kelley Arnold. (CMG, )

Aug. 20, 2007 RECAP
150

ORDER appointing Dr. Joe Goldenson, effective immediately, to serve as Monitor in place of Dr. Steve Sheltonby Judge J. Kelley Arnold. (CMG, )

Sept. 11, 2007 RECAP
167

ORDER granting 159 Motion to Seal; granting 160 Motion to Seal; 161 MOTION to Re-Open Discovery Re: (1) Pierce County's Compliance with Recommendations of Court Monitors and (2) Violations of the Final Order and Judgment of March 28, 1 996 TO: 2/18/2009 at 9:00 a.m. Immediately thereafter the court will proceed as follows: (a) hear from counsel regarding defense counsel's position on their participation in discussions between jail staff and the court-appointed monitor; (b) in the event plaintiff's motion to reopen discovery is granted, the court will set discovery guidelines and a scheduling order. Signed by Judge J. Kelley Arnold.(CMG)

Jan. 21, 2009 RECAP
183

That on March 3, 2009, the clerk's office received pleadings from a person who is not a party to this action, Timothy Whitmore. IT IS ORDERED that the Clerk's office is directed to return Mr. Whitmore's pleadings to him along with a copy of this order. Signed by Judge J. Kelley Arnold. (CMG; copy w/enclosures mailed to Mr. Whitmore)

March 5, 2009 RECAP
230

ORDER REJECTING 220 Stipulation to Seal Mortality Reviews by Judge J. Kelley Arnold.(KAM)

Aug. 19, 2009 RECAP
240

ORDER granting 226 Motion for Extension of Time by Judge J. Kelley Arnold.(JLP)

Aug. 31, 2009 RECAP
256

ORDER ON DEFENDANTS' 216 REQUEST FOR PROTOCOLS filed by Pierce County of by Judge J. Kelley Arnold. (JLP)

Sept. 16, 2009 RECAP
265

REPORT AND RECOMMENDATIONS re 251 MOTION TO TERMINATE ALL PROVISIONS OF CONSENT DECREE OTHER THAN THOSE RELATING TO HEALTH CARE filed by Pierce County. Noting Date 10/23/2009. Signed by Magistrate Judge J. Kelley Arnold. (CMG)

Sept. 28, 2009 RECAP
274

ORDER adopting Report and Recommendation re 265 . All provisions of the Consent Decree other than those relating to health care are TERMINATED. All provisions of the consent decree related to health care continue to be before the court. The parties shall mediate the remaining issues prior to December 10, 2009. Signed by Judge Robert J. Bryan. (JL)

Oct. 23, 2009 RECAP
287

STIPULATION AND ORDER 286 that Dr. Joseph Goldenson is removed as the court monitor of this action. Judith F. Cox is appointed as the court monitor of this action to replace Dr. Goldenson; and by 7/30/10, the new court monitor will submit a report to the Court and parties concerning her examination of the ten (10) issues remaining in this case. (**see order for details**) Signed by Magistrate Judge J. Kelley Arnold. (CMG)

Jan. 11, 2010 RECAP
303

ORDER re Status Conference: The Stay/Modified Stay of Proceedings (Dkt. #285) is lifted. If the matter is not fully resolved no later than 10/15/10, the parties are to engage in mediation with attorney Chyristopher Keay no later than 11/17/10; The matter is set for trial 1/24/2011 at 09:30 AM before Judge Robert J. Bryan; a Pretrial Conference set for 1/14/2011 at 08:30 AM. Signed by Magistrate Judge J. Kelley Arnold. (CMG)

May 17, 2010 RECAP
304

MINUTE ORDER SETTING TRIAL AND CERTAIN PRETRIAL DATES, entered as authorized by Judge Robert J. Bryan. (DK)

May 18, 2010 RECAP
314

NOTICE by Magistrate Judge J. Kelley Arnold notifying the parties of receipt of the report by Judith Cox and reminding counsel of the mediation deadline. (CMG)

Aug. 24, 2010 RECAP
352

ORDER on Motions to Strike Material: the motion to strike the Spier declaration is DENIED; the motion to restrict consideration of the Goldenson declaration is DENIED; the motion to strike the Quality Improvement Committee minutes is GRANTED; and without prejudice to any future discovery motions, the motion to strike the Dimock declaration is DENIED. Signed by Judge J. Kelley Arnold. (CMG)

Oct. 12, 2010 RECAP
364

REPORT AND RECOMMENDATIONS re 360 MOTION for Order for Notice to Class filed by Sandra Herrera. Noting Date 1/14/2011. Signed by Magistrate Judge J. Kelley Arnold. (CMG)

Dec. 20, 2010 RECAP
365

ORDER ADOPTING REPORT AND RECOMMENDATION re 364 Report and Recommendation. It is hereby ORDERED that the Report and Recommendation of the Magistrate Judge (Dkt. 364 ) is ADOPTED. Plaintiffs' Motion for Notice to the Class Re: Settlement and Proposed Termination of Relief (Dkt. 360 ) is DENIED. Notice to the class members of settlement and termination of relief is not required. Signed by Judge Robert J. Bryan. (JL)

Jan. 14, 2011 RECAP

State / Territory: Washington

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Jan. 19, 1995

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Pierce County Detention and Corrections Center (PCDCC) in Washington State

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Pierce County (Tacoma, Pierce), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1996 - 2011

Issues

General:

Classification / placement

Disciplinary procedures

Law library access

Religious programs / policies

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Affected Gender:

Female

Male

Medical/Mental Health:

Dental care

Medical care, general

Medication, administration of

Type of Facility:

Government-run