Case: Kortlever v. Whatcom County, Washington

2:18-cv-00823 | U.S. District Court for the Western District of Washington

Filed Date: June 6, 2018

Closed Date: June 1, 2022

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Case Summary

This case concerns medication for opioid use disorder (MOUD), a treatment approach for people who live with opioid use disorder (OUD). Two named plaintiffs, represented by the ACLU of Washington, filed a class action suit against Whatcom County and the Whatcom County Sheriff's Office on June 6, 2018, in the U.S. District Court for the Western District of Washington. The plaintiffs alleged that the defendants denied Medication-Assisted Treatment (MAT) for OUD to non-pregnant inmates at Whatcom County Jail in Bellingham, Washington. The plaintiffs alleged a violation of the Americans with Disabilities Act because OUD was a qualified disability, the defendants were public entities, and the plaintiffs were denied MAT based on their disability. They requested the court certify a class of non-pregnant people who had an OUD and who were incarcerated, or would be incarcerated in the future, at the Whatcom County Jail in Bellingham, Washington. The plaintiffs also requested a declaratory judgement, preliminary and permanent injunctions requiring the defendants to provide access to MAT, and attorneys’ fees. This case was assigned to District Judge James L. Robart.

On June 28, 2018, the defendants filed a motion to dismiss for failure to state a claim alleging that the plaintiffs failed to exhaust their administrative remedies under the Prisoner Litigation Reform Act. One named plaintiff had an unresolved grievance with the Whatcom County Jail, and the other named plaintiff had an appeal of his grievance pending.

The parties filed a stipulated motion to stay proceedings on July 26, 2018, as they were engaging in settlement discussions. The court granted this order on the same day. Further stays were granted on October 19, 2018, January 16, 2019, and March 15, 2019.

On April 29, 2019, the plaintiffs filed a motion for preliminary approval of a settlement agreement. The terms of the agreement required Whatcom County Jail to allow qualified inmates with existing MAT prescriptions, such as for Suboxone, Subutex, or Vivitrol, to maintain their MAT treatment as long as clinically indicated. The settlement also required the Jail to implement a MAT policy to allow inmates to receive MAT services regardless of whether they were taking it before entry to the jail. The court granted this motion on May 23, 2019.

The plaintiffs filed a motion for final approval of the settlement on June 25, 2019, and the court granted the motion on July 9, 2019.

The compliance period for the settlement agreement was extended to 30 months on June 2, 2021, and then 34 months on December 14, 2021. The settlement agreement was terminated on June 1, 2022. The case is now closed.

Summary Authors

Cara Claflin (3/31/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7076192/parties/kortlever-v-whatcom-county-washington/

Judge(s)

Attorney for Plaintiff

Cooke, Mark M (Washington)

Doden, David Matthew (Washington)

Elles, Christina A (Washington)

Freedman, Bart J. (Washington)

Attorney for Defendant

Bundy, Kristofer John (Washington)

Judge(s)

Robart, James L. (Washington)

Attorney for Plaintiff

Cooke, Mark M (Washington)

Doden, David Matthew (Washington)

Elles, Christina A (Washington)

Freedman, Bart J. (Washington)

Midgley, John B. (Washington)

Nowlin, Lisa (Washington)

Nowlin-Sohl, Li (Washington)

Nunn, Todd L (Washington)

Wolfe, Jessica (Washington)

Attorney for Defendant

Bundy, Kristofer John (Washington)

Roche, George C (Washington)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 2:18-cv-00823	Complaint — Class Action for Declaratory and Injunctive Relief	June 6, 2018	June 6, 2018 Complaint
9 2:18-cv-00823	Defendants' Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Based	June 28, 2018	June 28, 2018 Pleading / Motion / Brief
42 2:18-cv-00823	Order Granting Plaintiffs' Motion for Final Approval of Class Action Settlement and Dismissal	July 9, 2019	July 9, 2019 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7076192/kortlever-v-whatcom-county-washington/

Last updated Aug. 30, 2026, 4:29 a.m.

Docket for: Kortlever v. Whatcom County, Washington

ECF Number	Date	Description	Link
1	June 6, 2018	COMPLAINT against defendant(s) Whatcom County, Whatcom County Sheriff's Office (Receipt # 0981-5346137) Attorney Lisa Nowlin added to party Sy Eubanks(pty:pla), Attorney Lisa Nowlin added to party Gabriel Kortlever(pty:pla), filed by Gabriel Kortlever, Sy Eubanks. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Declaration of Lisa Nowlin, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Summons to Whatcom County, # 13 Summons to Whatcom County Sheriff's Office)(Nowlin, Lisa) (Entered: 06/06/2018)	Clearinghouse
2	June 6, 2018	MOTION to Certify Class, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. Oral Argument Requested. (Attachments: # 1 Proposed Order, # 2 Exhibit Declaration of John Midgley Regarding Qualifications of Class Counsel) Noting Date 7/13/2018, (Nowlin, Lisa) (Entered: 06/06/2018)	RECAP
3	June 11, 2018	Summons(es) Electronically Issued as to defendant(s) All Defendants (Attachments: # 1 Summons)(SG) (Entered: 06/11/2018)	RECAP
	June 11, 2018	Judge James L. Robart added. (SG)
	June 11, 2018	Add and Terminate Judges
4	June 20, 2018	NOTICE of Appearance by attorney George C Roche on behalf of Defendants Whatcom County Sheriff's Office, Whatcom County, Washington. (Roche, George) (Entered: 06/20/2018)	RECAP
5	June 21, 2018	AFFIDAVIT of Service of Summons and Complaint on Whatcom County, Washington on 6/13/2018, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Nowlin, Lisa) (Entered: 06/21/2018)	RECAP
6	June 21, 2018	AFFIDAVIT of Service of Summons and Complaint on Whatcom County Sheriff's Office on 6/13/2018, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Nowlin, Lisa) (Entered: 06/21/2018)	RECAP
7	June 27, 2018	NOTICE of Appearance by attorney David Matthew Doden on behalf of Plaintiffs Sy Eubanks, Gabriel Kortlever. (Doden, David) (Entered: 06/27/2018)	RECAP
8	June 27, 2018	DECLARATION of Todd Nunn filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 06/27/2018)	RECAP
9	June 28, 2018	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants Whatcom County Sheriff's Office, Whatcom County, Washington. (Attachments: # 1 Proposed Order) Noting Date 7/27/2018, (Roche, George) (Entered: 06/28/2018) 1 Proposed Order View on PACER	Clearinghouse
10	June 28, 2018	NOTICE of Unavailability of counsel George C Roche for Defendants Whatcom County Sheriff's Office, Whatcom County, Washington from 7/2/18-7/9/18 7/6/2018. (Roche, George) Modified on 6/29/2018 to correct date (PM). (Entered: 06/28/2018)	RECAP
11	June 28, 2018	NOTICE of Unavailability of counsel George C Roche for Defendants Whatcom County Sheriff's Office, Whatcom County, Washington from 7/2/18-7/6/2018 7/18/2018-7/20/2018 (Roche, George) Modified on 6/29/2018 to correct dates (PM). (Entered: 06/28/2018)	RECAP
	June 28, 2018	Attorneys Bart J. Freedman,Todd L Nunn and Christina A Elles added as counsel for Plaintiffs Sy Eubanks and Gabriel Kortlever per 7 Notice of Appearance. (PM)
	June 28, 2018	Add and Terminate Attorneys
12	June 29, 2018	RESPONSE, by Defendants Whatcom County Sheriff's Office, Whatcom County, Washington, to 2 MOTION to Certify Class . (Attachments: # 1 Proposed Order, # 2 Proposed Order)(Roche, George) (Main Document 12 replaced on 7/18/2018) (TH). (Additional attachment(s) added on 7/18/2018: # 3 SEALED Exhibit 1, # 4 SEALED Exhibit 2) (TH). Modified on 7/18/2018 to extract exhibits from response to seal per 21 Stipulation and Order (TH). (Entered: 06/29/2018) 1 Proposed Order View on PACER 2 Proposed Order View on PACER	RECAP
	June 29, 2018	Notice of Docket Text Modification
	June 29, 2018	NOTICE of Docket Text Modification re 11 Notice of Unavailability, 10 Notice of Unavailability: edited texts to correct dates. (PM)
13	July 10, 2018	ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 8/14/2018, FRCP 26f Conference Deadline is 7/24/2018, Initial Disclosure Deadline is 8/7/2018. (AD) (Entered: 07/10/2018)	RECAP
14	July 13, 2018	REPLY, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever, TO RESPONSE to 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)	RECAP
15	July 13, 2018	DECLARATION of Charles C. Watras filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)	RECAP
16	July 13, 2018	DECLARATION of Sy Eubanks filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)	RECAP
17	July 13, 2018	DECLARATION of Jon Ransom filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)	RECAP
18	July 13, 2018	DECLARATION of Adam Kartman filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)	RECAP
19	July 13, 2018	DECLARATION of Gabriel Kortlever filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 2 MOTION to Certify Class (Doden, David) (Entered: 07/13/2018)	RECAP
20	July 17, 2018	Stipulated MOTION to Seal Exhibits 1 and 2 of Defendant's Response to Motion to Certify Class, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Certificate of Service) Noting Date 7/27/2018, (Midgley, John) (Entered: 07/17/2018)	RECAP
21	July 17, 2018	STIPULATION AND ORDER to Seal Exhibits 1 and 2 of Defendant's Response to Motion to Certify Class re parties' 20 Stipulated Motion to Seal. The Clerk of the Court is directed to seal Exhibits 1 and 2 of the Defendant's Response to Plaintiff's Motion to Certify Class. Signed by Judge James L. Robart. (TH)	RECAP
	July 18, 2018	Exhibits were extracted from 12 Response to Motion to Certify Class to seal per 21 Stipulation and Order. (TH)
	July 18, 2018	Docket Annotation
22	July 23, 2018	RESPONSE, by Plaintiffs Sy Eubanks, Gabriel Kortlever, to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: # 1 Certificate of Service)(Midgley, John) (Entered: 07/23/2018) 1 Certificate of Service View on PACER	RECAP
23	July 26, 2018	Stipulated MOTION to Stay Proceedings, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order Re: Stipulated Motion to Stay Proceedings) Noting Date 7/26/2018, (Nowlin, Lisa) (Entered: 07/26/2018) 1 Proposed Order Re: Stipulated Motion to Stay Proceedings View on PACER	RECAP
24	July 26, 2018	ORDER granting 23 Stipulated Motion to Stay Proceedings. All proceedings and deadlines are stayed. Clerk directed to remove the pending motions from the calendar ( 2 MOTION to Certify Class, 9 Motion to Dismiss). Parties to update the Court within 90 days re status of settlement. Signed by Judge James L. Robart. (PM)	RECAP
25	Aug. 24, 2018	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Jessica Wolfe for Plaintiffs Sy Eubanks, Gabriel Kortlever. (Wolfe, Jessica) (Entered: 08/24/2018)	RECAP
26	Oct. 19, 2018	Stipulated MOTION to Extend Stay of Proceedings and Report to the Court, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order) Noting Date 10/19/2018, (Nowlin, Lisa) (Entered: 10/19/2018)	RECAP
27	Oct. 22, 2018	ORDER granting the parties' 26 Stipulated Motion to Extend Stay of Proceedings. Parties to file an update of settlement negotiations within 90 days of this Order. Signed by Judge James L. Robart. (PM)	RECAP
28	Jan. 16, 2019	Stipulated MOTION to Further Extend Stay of Proceedings and Report to the Court, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order Re: Stipulated Motion to Further Extend Stay of Proceedings) Noting Date 1/16/2019, (Nowlin, Lisa) (Entered: 01/16/2019)	RECAP
29	Jan. 17, 2019	ORDER extending stay of proceedings re parties' 28 Stipulated Motion: The parties within 60 days of the date of this Order shall either file pleadings to begin the process of approval of a settlement or an update with the Court regarding the status of parties' settlement negotiations. Signed by Judge James L. Robart.(SWT)	RECAP
30	March 15, 2019	Stipulated MOTION To Further Extend Stay of Proceedings And Report To The Court, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order Re: Stipulated Motion to Further Extend Stay of Proceedings) Noting Date 3/15/2019, (Nowlin, Lisa) (Entered: 03/15/2019)	RECAP
31	March 15, 2019	STIPULATION AND ORDER to further extend stay of proceedings re parties' 30 Stipulated Motion: Parties, within 45 days of the date of this order, shall file either pleadings to begin process of approval of settlement or an update with Court regarding status of settlement negotiations. Signed by Judge James L. Robart. (SWT)	RECAP
32	April 1, 2019	NOTICE of Withdrawal of Attorney ; filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Doden, David) (Entered: 04/01/2019)	RECAP
	April 1, 2019	Add and Terminate Attorneys
	April 1, 2019	Attorney David Matthew Doden terminated; per 32 Notice of Withdrawal. (SWT)
	April 2, 2019	Add and Terminate Attorneys
33	April 29, 2019	Stipulated MOTION for Leave to File Over-Length Motion, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order) Noting Date 4/29/2019, (Freedman, Bart) (Entered: 04/29/2019)	RECAP
34	April 29, 2019	MOTION Plaintiffs' Motion for Preliminary Approval of Settlement Agreement re 33 Stipulated MOTION for Leave to File Over-Length Motion, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order) Noting Date 5/17/2019, (Freedman, Bart) (Entered: 04/29/2019)	RECAP
35	April 29, 2019	DECLARATION of Lisa Nowlin filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 34 MOTION Plaintiffs' Motion for Preliminary Approval of Settlement Agreement re 33 Stipulated MOTION for Leave to File Over-Length Motion (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Freedman, Bart) (Entered: 04/29/2019) 1 View on RECAP	RECAP
36	April 30, 2019	ORDER granting parties' 33 Stipulated Motion for Leave to File Over-length Motion. Signed by Judge James L. Robart. (SWT)	RECAP
37	May 23, 2019	ORDER granting Plaintiffs' 34 Motion for Preliminary Approval of Class Action Settlement and Directing Notice to Plaintiff Class. Signed by Judge James L. Robart. (SWT)	RECAP
	May 23, 2019	Set/Reset Hearings
	May 23, 2019	Set Hearings: Final Approval Hearing set for Tuesday, 7/9/2019 at 10:00 AM in Courtroom 14106 before Judge James L. Robart, per 5/23/19 order (Dkt. # 37 ). (AD)
38	June 25, 2019	MOTION Plaintiffs' Motion for Final Approval of Class Action Settlement, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order) Noting Date 7/9/2019, (Freedman, Bart) (Entered: 06/25/2019)	RECAP
39	June 25, 2019	DECLARATION of Mark Cooke filed by Plaintiffs Sy Eubanks, Gabriel Kortlever re 38 MOTION Plaintiffs' Motion for Final Approval of Class Action Settlement (Freedman, Bart) (Entered: 06/25/2019)	RECAP
40	July 9, 2019	NOTICE of Appearance by attorney George C Roche on behalf of Defendants Whatcom County Sheriff's Department, Whatcom County, Washington. (Roche, George) (Entered: 07/09/2019)	RECAP
41	July 9, 2019	MINUTE ENTRY for proceedings held before Judge James L. Robart - Dep Clerk: Ashleigh Drecktrah; Pla Counsel: Lisa Nowlin, John Midgley, Bart Freedman, Christina Elles; Def Counsel: Kris Bundy; CR: Andrea Ramirez; FINAL APPROVAL HEARING held on 7/9/2019. Final Approval Hearing held 7/9/19. The court hears from counsel re: Plaintiff's Motion for Final Approval of Class Action Settlement (Dkt. # 38 ). For the reasons stated on the record, the court GRANTS the motion; order to be entered. (AD) (Entered: 07/09/2019)	RECAP
42	July 9, 2019	ORDER by Judge James L. Robart granting Plaintiffs' 38 Motion for Final Approval of Class Action Settlement and Dismissal. (AD) (Entered: 07/09/2019)	Clearinghouse
	July 9, 2019	Add and Terminate Attorneys
	July 9, 2019	In Court Hearing
	July 9, 2019	Attorney Kristofer John Bundy for Whatcom County Sheriff's Department, Whatcom County, Washington added; per 40 Notice of Appearance. (SWT)
43	June 1, 2021	Stipulated MOTION TO EXTEND SETTLEMENT AGREEMENT, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Attachments: # 1 Proposed Order) Noting Date 6/1/2021, (Nowlin, Lisa) (Entered: 06/01/2021)	RECAP
44	June 2, 2021	ORDER re Parties' 43 Stipulated Motion TO EXTEND SETTLEMENT AGREEMENT. The compliance period for the Settlement Agreement is extended by six months and it now expires 30 months after the Settlement Agreement's Effective Date. Signed by Judge James L. Robart. (LH) (Entered: 06/02/2021)	RECAP
45	Dec. 14, 2021	Second Stipulated MOTION TO EXTEND SETTLEMENT AGREEMENT, filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. Noting Date 12/14/2021, (Nowlin, Lisa) (Entered: 12/14/2021)	RECAP
46	Dec. 14, 2021	ORDER re Parties' 45 Second Stipulated MOTION TO EXTEND SETTLEMENT AGREEMENT. The compliance period for the Settlement Agreement is extended by four months and it now expires 34 months after the Settlement Agreement's Effective Date. Signed by Judge James L. Robart. (LH) (Entered: 12/15/2021)	RECAP
47	Feb. 2, 2022	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Lisa Nowlin for Plaintiffs Sy Eubanks, Gabriel Kortlever. (Nowlin, Lisa) (Entered: 02/02/2022)	RECAP
48	June 1, 2022	NOTICE Termination of Settlement Agreement ; filed by Plaintiffs Sy Eubanks, Gabriel Kortlever. (Midgley, John) (Entered: 06/01/2022)	RECAP

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Case Details

State / Territory:

Washington

Case Type(s):

Disability Rights

Prison Conditions

Key Dates

Filing Date: June 6, 2018

Closing Date: June 1, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are inmates at the Whatcom County Jail who have opioid use disorder (OUD).

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

County

Whatcom County

Whatcom County Sheriff's Office

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

Western District of Washington 2:18-cv-00823

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

Disability and Disability Rights:

Opioid disorder/medication

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation

Case Summary of Kortlever v. Whatcom County, Washington, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/45679/ (last updated 3/31/2025).