Case: R.R. v. Washington State Department of Social and Health Services

3:17-CV-05080 | U.S. District Court for the Western District of Washington

Filed Date: Feb. 1, 2017

Closed Date: July 19, 2017

Clearinghouse coding complete

Case Summary

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 treatm…

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)

People

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/


Judge(s)
Attorney for Plaintiff

Baker, La Rond (Washington)

Carlson, David R (Washington)

Carney, Christopher Robert (Washington)

Chemerinsky, Jeffrey M (Washington)

Chen, Margaret (Washington)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

3:17-CV-05080

Complaint

Feb. 1, 2017

Feb. 1, 2017

Complaint
12

3:17-CV-05080

Order

Feb. 22, 2017

Feb. 22, 2017

Order/Opinion
26

3:17-CV-05080

Order Granting Final Approval of Settlement Agreement, Appointing Class Council, and Awarding Attorney's Fees and Costs

July 10, 2017

July 10, 2017

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4579696/rr-v-washington-state-department-of-social-and-health-services/

Last updated Nov. 30, 2023, 6:28 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Receipt # 0981-4754568), filed by R. G.; all others similarly situated, R. R., Disability Rights Washington, G. J.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DSHS/Lashway, # 3 Summons SCC/Van Hook)(Seevers, Rachael) (Entered: 02/01/2017)

1 Civil Cover Sheet

View on PACER

2 Summons DSHS/Lashway

View on PACER

3 Summons SCC/Van Hook

View on PACER

Feb. 1, 2017

Feb. 1, 2017

Clearinghouse
2

Joint MOTION Preliminary Approval of Settlement Agreement; Approval of Class Notice Package; and Establishment of a Settlement Approval Hearing and Process, filed by Plaintiffs Disability Rights Washington, R. G.; all others similarly situated, G. J., R. R.. (Attachments: # 1 Exhibit 1-3, # 2 Proposed Order) Noting Date 2/1/2017, (Seevers, Rachael) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
3

Joint MOTION to Certify Class, filed by Plaintiffs Disability Rights Washington, R. G.; all others similarly situated, G. J., R. R.. (Attachments: # 1 Proposed Order) Noting Date 2/1/2017, (Seevers, Rachael) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
4

DECLARATION of DAVID CARLSON filed by Plaintiffs Disability Rights Washington, R. G.; all others similarly situated, G. J., R. R. re 2 Joint MOTION Preliminary Approval of Settlement Agreement; Approval of Class Notice Package; and Establishment of a Settlement Approval Hearing and Process, 3 Joint MOTION to Certify Class (Attachments: # 1 Exhibit A-C)(Seevers, Rachael) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
5

DECLARATION of RACHAEL SEEVERS filed by Plaintiffs Disability Rights Washington, R. G.; all others similarly situated, G. J., R. R. re 2 Joint MOTION Preliminary Approval of Settlement Agreement; Approval of Class Notice Package; and Establishment of a Settlement Approval Hearing and Process, 3 Joint MOTION to Certify Class (Seevers, Rachael) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER
6

DECLARATION of CRAIG MINGAY filed by Plaintiffs Disability Rights Washington, R. G.; all others similarly situated, G. J., R. R. re 2 Joint MOTION Preliminary Approval of Settlement Agreement; Approval of Class Notice Package; and Establishment of a Settlement Approval Hearing and Process, 3 Joint MOTION to Certify Class (Seevers, Rachael) (Entered: 02/01/2017)

Feb. 1, 2017

Feb. 1, 2017

PACER

Judge Benjamin H. Settle added. (MET)

Feb. 2, 2017

Feb. 2, 2017

PACER
7

Summons Issued as to defendant(s) Patricia Lashway. (MET) (Entered: 02/02/2017)

Feb. 2, 2017

Feb. 2, 2017

PACER
8

PRAECIPE to attach document Appendix 1 re 2 Joint MOTION Preliminary Approval of Settlement Agreement; Approval of Class Notice Package; and Establishment of a Settlement Approval Hearing and Process by Plaintiffs Disability Rights Washington, G. J., R. R., R.G. (Seevers, Rachael) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER
9

NOTICE of Appearance by attorney Craig B Mingay on behalf of Defendants Patricia Lashway, Special Commitment Center, William Van Hook, Washington State Department of Social and Health Services. (Mingay, Craig) (Entered: 02/06/2017)

Feb. 6, 2017

Feb. 6, 2017

PACER

Attorney Joshua P Weir added for defendants per 9 Notice of Appearance. (MET)

Feb. 7, 2017

Feb. 7, 2017

PACER
10

MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Benjamin H. Settle. (TG) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
11

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 6/7/2017, FRCP 26f Conference Deadline is 5/17/2017, Initial Disclosure Deadline is 5/31/2017, by Judge Benjamin H. Settle. (TG) (Entered: 02/07/2017)

Feb. 7, 2017

Feb. 7, 2017

PACER
12

ORDER Preliminarily Approving Settlement Agreement; Approving Class Notice; and Establishing a Final Settlement Approval Hearing and Process. Fairness Hearing set for 5/2/2017 at 2:30 PM before Judge Benjamin H. Settle. Signed by Judge Benjamin H. Settle. (MGC) (Entered: 02/22/2017)

Feb. 22, 2017

Feb. 22, 2017

Clearinghouse
13

LETTER from Timothy Gass, resident at Special Commitment Center. (Attachments: # 1 Mailing Envelope)(MET) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
14

MINUTE ORDER by the Honorable Benjamin. H Settle: The Court directs Plaintiff's Counsel to respond to the question posed in Dkt. 13 regarding the preliminary settlement agreement. This response shall be filed no later than April 14, 2017. Plaintiff's Counsel shall certify that they have provided their response to the author of the question.(MET) Modified on 4/11/2017 to add language for certification of response (MET). (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER

NOTICE of Docket Text Modification re 14 Minute Order. Modified to add the following language: Plaintiff's Counsel shall certify that they have provided their response to the author of the question. (MET)

April 11, 2017

April 11, 2017

PACER
15

DECLARATION of RACHAEL SEEVERS CERTIFYING CLASS NOTICE AND PLAINTIFFS' COUNSEL'S RESPONSE TO CLASS COMMENTS filed by Plaintiffs Disability Rights Washington, G. J., R. R., R.G. re 2 Joint MOTION Preliminary Approval of Settlement Agreement; Approval of Class Notice Package; and Establishment of a Settlement Approval Hearing and Process, 3 Joint MOTION to Certify Class (Attachments: # 1 Exhibit A-D)(Seevers, Rachael) (Entered: 04/14/2017)

April 14, 2017

April 14, 2017

PACER
16

Supplemental DECLARATION of RACHAEL SEEVERS CERTIFYING CLASS NOTICE AND PLAINTIFFS' COUNSEL'S RESPONSE TO CLASS COMMENTS filed by Plaintiffs Disability Rights Washington, G. J., R. R., R.G. re 2 Joint MOTION Preliminary Approval of Settlement Agreement; Approval of Class Notice Package; and Establishment of a Settlement Approval Hearing and Process, 3 Joint MOTION to Certify Class (Attachments: # 1 Exhibit A)(Seevers, Rachael) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
17

DECLARATION of William Van Hook re 12 Order on Motion for Miscellaneous Relief,, Order on Motion to Certify Class,, Set/Reset Hearings, by Defendants Patricia Lashway, Special Commitment Center, William Van Hook, Washington State Department of Social and Health Services (Mingay, Craig) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
18

Joint MOTION FOR FINAL APPROVAL OF SETTLEMENT AGREEMENT, APPOINTING CLASS COUNSEL, AND AWARDING ATTORNEYS' FEES AND COSTS, filed by Plaintiffs Disability Rights Washington, G. J., R. R., R.G.. (Attachments: # 1 Proposed Order) Noting Date 5/2/2017, (Seevers, Rachael) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
19

Third DECLARATION of RACHAEL SEEVERS CERTIFYING CLASS NOTICE AND PLAINTIFFS' COUNSEL'S RESPONSE TO CLASS COMMENTS filed by Plaintiffs Disability Rights Washington, G. J., R. R., R.G. re 2 Joint MOTION Preliminary Approval of Settlement Agreement; Approval of Class Notice Package; and Establishment of a Settlement Approval Hearing and Process, 3 Joint MOTION to Certify Class (Seevers, Rachael) (Entered: 04/28/2017)

April 28, 2017

April 28, 2017

PACER
20

MINUTE ENTRY for Motion Hearing held on 5/2/2017 before Judge Benjamin H. Settle - re 18 Joint MOTION FOR FINAL APPROVAL OF SETTLEMENT AGREEMENT, APPOINTING CLASS COUNSEL, AND AWARDING ATTORNEYS' FEES AND COSTS. Dep Clerk: Gretchen Craft; Pla Counsel: Rachael Seevers, David Carlson; Def Counsel: Craig Mingay, Joshua Weir; CR: Teri Hendrix; Time of Hearing: 2:30; Courtroom: E; All parties appeared by video conference from the SCC except for attorney Joshua Weir, who attended in person. The Court heard from certain class members and indicated the final settlement is fair and reasonable and should be approved after counsel have met with the class members who addressed the Court today and a report on those meetings is filed with the Court. The parties will report back to the Court by 5/19/2017. (MGC) (Entered: 05/05/2017)

May 2, 2017

May 2, 2017

PACER
21

REPORT re 20 Motion Hearing,,, by Plaintiffs Disability Rights Washington, G. J., R. R., R.G. (Seevers, Rachael) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
22

NOTICE of In-court Hearing: Hearing to discuss the status report filed with the Court on 5/19/2017 and the terms of the final settlement is set for 6/21/2017 at 2:30 PM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
23

MINUTE ENTRY for In Court Hearing re Final Settlement held on 6/21/2017 before Judge Benjamin H. Settle - Dep Clerk: Gretchen Craft, Gayle Riekena; Pla Counsel: Rachael Seevers, David Carlson; Def Counsel: Craig Mingay, Joshua Weir; CR: Teri Hendrix; Time of Hearing: 2:30; Courtroom: E; Court outlines remaining issues with the final settlement agreement. The parties confer off the record regarding proposed changes to the final settlement agreement. The Court sets a hearing for approval of the final settlement agreement via video conference with the S.C.C. on 7/12/2017 at 10:00 AM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 06/23/2017)

June 21, 2017

June 21, 2017

PACER
24

SUPPLEMENT re 23 In Court Hearing,,, Set Hearings,, SUPPLEMENTAL AGREEMENT by Plaintiffs Disability Rights Washington, G. J., R. R., R.G. (Seevers, Rachael) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
25

DECLARATION of RACHAEL SEEVERS CERTIFYING CLASS NOTICE FOR SUPPLEMENTAL AGREEMENT re 24 Supplement, 23 In Court Hearing,,, Set Hearings,, by Plaintiffs Disability Rights Washington, G. J., R. R., R.G. (Attachments: # 1 Class Notice of Supplemental Agreement)(Seevers, Rachael) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
26

PROPOSED ORDER (Unsigned) re 23 In Court Hearing,,, Set Hearings,, REVISED PROPOSED ORDER GRANTING FINAL APPROVAL OF SETTLEMENT AGREEMENT, APPOINTING CLASS COUNSEL, AND AWARDING ATTORNEYS' FEES AND COSTS (Seevers, Rachael) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

Clearinghouse
27

MINUTE ENTRY for Final Approval Hearing held on 7/12/2017 before Judge Benjamin H. Settle - Dep Clerk: Gretchen Craft; Pla Counsel: Rachael Seevers, David Carlson; Def Counsel: Craig Mingay, Joshua Weir; CR: Barry Fanning; Time of Hearing: 10:00; Courtroom: E; All parties appeared via video from the Special Commitment Center (SCC). Court hears from counsel and from 5 members of the class. Court approves the Supplemental Agreement and Revised Order Approving Settlement. (MGC) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
28

ORDER by Judge Benjamin H. Settle granting Final Approval of Settlement Agreement re 26 Proposed Order (Unsigned). (TG) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
29

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Anna Catherine Guy for Plaintiffs Disability Rights Washington, G. J., R. R., R.G.. (Guy, Anna) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
30

JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 0. (Attachments: # 1 Exhibit A)(Seevers, Rachael) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

PACER

Case Details

State / Territory: Washington

Case Type(s):

Disability Rights

Mental Health (Facility)

Key Dates

Filing Date: Feb. 1, 2017

Closing Date: July 19, 2017

Case Ongoing: No

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):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Washington State Department of Social and Health Services, State

Secretary of the Department of Social and Health Services, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Develop anti-discrimination policy

Monitoring

Issues

General:

Individualized planning

Rehabilitation

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Placement in mental health facilities

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

disability, unspecified

Mental impairment

Mental Illness, Unspecified

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run