Filed Date: Feb. 1, 2017
Case Ongoing
Clearinghouse coding complete
On February 1, 2017, residents with disabilities confined at the Special Commitment Center (“SCC”) filed suit against the Washington State Department of Social and Health Services (“DSHS”), the Acting Secretary of DSHS, and the C.E.O. of the SCC. The residents, named only by their initials in the complaint, contended that they were not receiving individualized and appropriate care, including sex offender treatment, despite being committed to the facility expressly for the purpose of such treatment. Plaintiffs contended that the failure to provide adequate services/treatment by the defendant, along with its discriminatory practices constituted violations of the Fourteenth Amendment of the United States Constitution, the Americans with Disabilities Act (42 U.S.C. § 12131(2)), and Section 504 of the Rehabilitation Act (29 U.S.C. § 794). Plaintiffs alleged that, in violation of the Fourteenth Amendment, the Defendant failed to provide reasonable conditions of safety and freedom from unreasonable restraint, as well as having failed to provide treatment. The Plaintiff also alleges that the Defendant actively discriminates against Plaintiffs on the basis of their disability by excluding them “due to their disability and fail to provide needed accommodations or modifications in policies, practices and procedures such that they may participate in and benefit from the [sex offender training] programming at the SCC.” Such failure on the part of the SCC precluded Plaintiffs from being released from the facility. Plaintiffs sought, in class, declaratory judgment stating that the Defendant’s actions violated their Fourteenth Amendment rights, a permanent injunction restraining the Defendant from violating the Fourteenth Amendment and the ADA in providing care and treatment at the SCC, as well as attorney fees and litigation expenses.
On July 19, 2017, pursuant to a preliminary settlement agreement reached between the parties entered on July 10, 2017 (considered two days later), Judge Benjamin H. Settle issued an order adopting the agreement. The Plaintiff was certified as a class in the action and released the Defendant from any and all claims for injunctive or declaratory relief associated with this matter. Defendants agreed to pay class counsel’s attorneys fees in the amount of $245.827.43. Additionally, Defendants agreed to implement comprehensive reforms to the treatment procedures used at the SCC for residents with serious mental illness. Such reforms include the provision of adequate medical, psychiatric, nursing, and rehabilitative care; the implementation of individualized treatment plans that includes the use of positive behavioral support and discharge planning; and, the limitation of the use of restraint and seclusion as a practice. Finally, Defendants agreed to the creation of a three-expert panel to provide assistance in compliance with the terms laid out in the agreement, and quarterly reporting on the matter conducted at their expense ($42,000 annually).
Summary Authors
Andrew Bialek (11/14/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4579696/parties/rr-v-washington-state-department-of-social-and-health-services/
Baker, La Rond (Washington)
Carlson, David R (Washington)
Carney, Christopher Robert (Washington)
Chemerinsky, Jeffrey M (Washington)
Chen, Margaret (Washington)
Carney, Christopher Robert (Washington)
Chemerinsky, Jeffrey M (Washington)
Crowther, Robyn C (Washington)
GEFFEN, BENJAMIN D. (Washington)
Gillespie, Sean P (Washington)
Guy, Anna Catherine (Washington)
Khandelwal, Anita (Washington)
Leonard, Elizabeth A. (Washington)
Mosolf, Kimberly Ann (Washington)
Polaski, Alexa Helen (Washington)
Proctor, Michael J (Washington)
Seevers, Rachael E (Washington)
See docket on RECAP: https://www.courtlistener.com/docket/4579696/rr-v-washington-state-department-of-social-and-health-services/
Last updated April 15, 2026, 5:40 a.m.
State / Territory:
Case Type(s):
Healthcare Access and Reproductive Issues
Key Dates
Filing Date: Feb. 1, 2017
Closing Date: July 19, 2017
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiffs are residents of the Special Commitment Center ("SCC") in Washington, as well as an non-profit organization created by the state's governor, Disability Rights Washington
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
State
Secretary of the Department of Social and Health Services
Washington State Department of Social and Health Services
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Other Dockets:
Western District of Washington 3:17-CV-05080
Available Documents:
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Develop anti-discrimination policy
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Basis:
Disability (inc. reasonable accommodations)
Jails, Prisons, Detention Centers, and Other Institutions:
Placement in mental health facilities
Solitary confinement/Supermax (conditions or process)
Case Summary of R.R. v. Washington State Department of Social and Health Services, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/43546/ (last updated 11/14/2022).