Case: People First of Wash. v. Rainer RHC

3:96-cv-05906 | U.S. District Court for the Western District of Washington

Filed Date: Oct. 21, 1996

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On October 21, 1996, four advocacy groups, the People First of Washington, the Arc of Washington State, the Autism Society of Washington, and the Washington Protection and Advocacy System (WPAS), and several individuals filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Washington, challenging the dangerous conditions at Rainier School, Washington's largest state-operated residential habilitation center for people with i…

On October 21, 1996, four advocacy groups, the People First of Washington, the Arc of Washington State, the Autism Society of Washington, and the Washington Protection and Advocacy System (WPAS), and several individuals filed a class action civil rights lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Western District of Washington, challenging the dangerous conditions at Rainier School, Washington's largest state-operated residential habilitation center for people with intellectual disabilities. Plaintiffs alleged violations of their constitutional rights and rights guaranteed by the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the Social Security Act. Plaintiffs sought declaratory and injunctive relief, as well as class action certification.

Plaintiffs' Complaint detailed numerous deficiencies and incidents of abuse, neglect and injury which occurred at the Rainier School. The Complaint alleged inadequate basic care, substandard medical care, excessive injury and abuse, inadequate habilitation and training, inadequate behavior management, and lax discharge planning and community placement at the Rainier School. Plaintiffs sought injunctive relief to correct the conditions and to allow residents to be transferred to integrated community settings.

On March 21, 1997, the District Court (Judge Franklin D. Burgess) granted defendants' motion to strike the complaint. Plaintiffs were granted leave and directed to file an amended complaint, which was filed on April 8, 1997.

Plaintiffs' motion for class certification was denied on May 1, 1997. The District Court allowed the group Friends of Rainier, Inc. to intervene as a intervenor/defendant.

On January 27, 1998, the parties filed a joint motion to stay the proceedings and for adoption of the Settlement Agreement. The District Court granted the motion on February 5, 1998 and stayed the case. A hyper-link to the Settlement Agreement was not available on the PACER docket and it terms are not known.

The Court entered a Stipulation and Order on December 6, 1999, granting the parties joint motion to voluntarily dismiss the case with prejudice. Plaintiffs were awarded attorneys fees and costs in the amount of $75,000.00.

Summary Authors

Dan Dalton (3/20/2007)

People


Judge(s)

Burgess, Franklin D. (Washington)

Attorneys(s) for Plaintiff

Brown, Randal B. (Washington)

Costanzo, Cathy E. (Massachusetts)

Dorfman, Deborah A. (Washington)

Jones, Larry A. (Washington)

Schwartz, Steven J. (Massachusetts)

Smith, Michael Jay (Washington)

Stanhope, Elizabeth A. (Washington)

Attorneys(s) for Defendant

Dee, Edward Joseph (Washington)

Jellum, Linda D. (Georgia)

Judge(s)

Burgess, Franklin D. (Washington)

Attorneys(s) for Plaintiff

Brown, Randal B. (Washington)

Costanzo, Cathy E. (Massachusetts)

Dorfman, Deborah A. (Washington)

Jones, Larry A. (Washington)

Schwartz, Steven J. (Massachusetts)

Smith, Michael Jay (Washington)

Stanhope, Elizabeth A. (Washington)

Attorneys(s) for Defendant

Dee, Edward Joseph (Washington)

Jellum, Linda D. (Georgia)

Sabol, JoAnn (Washington)

Other Attorney(s)

Kemper, Keith Allen (Washington)

Documents in the Clearinghouse

Document

Docket (PACER)

Dec. 6, 1999 Docket

WPAS Case Summary

Jan. 1, 1996 Other
1

Complaint

Oct. 21, 1996 Complaint

Fact Sheet

Oct. 21, 1996 Other

WPAS Bibliography

Dec. 1, 1996 Other

Correspondence

Jan. 14, 1997 Correspondence

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

CIVIL RIGHTS COMPLAINT - CLASS ACTION (Summons(es) issued) Receipt # 236435 (KM) (Entered: 10/28/1996)

Oct. 21, 1996
2

APPLICATION FOR ADMISSION to practice on behalf of People First of WA, James Campbell, Dennis Scott Campbell, Chris Olson, Diane Grace, Houston Williams, Steven Cassio, Peter Bohnke, John Domenic Revello, Dawn Lavery, Emerson Fosner, John Mann, Autism Society of WA, WA Prot Advocacy, Arc of WA State Inc Cathy E Costanzo Receipt # 236456 (KM) (Entered: 10/28/1996)

Oct. 24, 1996
4

DECLARATION/AFFIDAVIT OF SERVICE upon defendant Leanna Lamb of summons/complaint on 10/23/96 (TW) (Entered: 10/29/1996)

Oct. 25, 1996
5

DECLARATION/AFFIDAVIT OF SERVICE upon defendant Rainier Residential of summons/complaint on 10/23/96 (TW) (Entered: 10/29/1996)

Oct. 25, 1996
3

APPLICATION FOR ADMISSION to practice on behalf of People First of WA, James Campbell, Dennis Scott Campbell, Chris Olson, Diane Grace, Houston Williams, Steven Cassio, Peter Bohnke, John Domenic Revello, Dawn Lavery, Emerson Fosner, John Mann, Autism Society of WA, WA Prot Advocacy, Arc of WA State Inc Steven J Schwartz Receipt # 236457 (KM) (Entered: 10/28/1996)

Oct. 28, 1996
6

DECLARATION/AFFIDAVIT OF SERVICE upon defendant Norm Davis of summons/complaint on 10/23/96 (TW) (Entered: 10/29/1996)

Oct. 28, 1996
7

DECLARATION/AFFIDAVIT OF SERVICE upon defendant Dev Disabilities Div of summons/complaint on 10/23/96 (TW) (Entered: 10/29/1996)

Oct. 28, 1996
8

DECLARATION/AFFIDAVIT OF SERVICE upon defendant Lyle Quasim of summons/complaint on 10/23/96 (TW) (Entered: 10/29/1996)

Oct. 28, 1996
9

DECLARATION/AFFIDAVIT OF SERVICE upon defendant Gary A Robinson of summons/complaint on 10/23/96 (TW) (Entered: 10/29/1996)

Oct. 28, 1996
10

DECLARATION/AFFIDAVIT OF SERVICE upon defendant Social & Health Svc of summons/complaint on 10/23/96 (TW) (Entered: 10/29/1996)

Oct. 28, 1996
11

DECLARATION/AFFIDAVIT OF SERVICE upon defendant Michael Lowry of summons/complaint on 10/23/96 (TW) (Entered: 10/29/1996)

Oct. 28, 1996
12

DECLARATION/AFFIDAVIT OF SERVICE upon defendant Financial Management of summons/complaint on 10/23/96 (TW) (Entered: 10/29/1996)

Oct. 28, 1996
13

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 1/13/97 (cc: counsel, Judge) (TW) (Entered: 10/29/1996)

Oct. 29, 1996
14

ORDER re Discovery & Depositions by Judge Franklin D. Burgess (cc: counsel, Judge) (TW) (Entered: 10/29/1996)

Oct. 29, 1996
15

ATTORNEY APPEARANCE for defendants by Linda D Jellum (TW) (Entered: 11/04/1996)

Oct. 31, 1996

LODGED STIP/ORDER extending time to file (TW) (Entered: 11/06/1996)

Nov. 2, 1996
16

STIPULATED MOTION and ORDER by Judge Franklin D. Burgess extending time to file answer; answer due 12/16/96 (cc: counsel, Judge) (TW) (Entered: 11/08/1996)

Nov. 7, 1996
17

MOTION by defendants, St of WA, for a more definitive stmt & to strike NOTED FOR 1/17/97 (TW) (Entered: 12/18/1996)

Dec. 17, 1996
18

MEMORANDUM by defendants in support of motion for a more definitive stmt & to strike [17-1] (TW) (Entered: 12/18/1996)

Dec. 17, 1996

LODGED ORDER: re: motion for a more definitive stmt & to strike [17- 1] (TW) (Entered: 12/18/1996)

Dec. 17, 1996
19

ATTORNEY APPEARANCE for defendants by Edward J. Dee (TW) (Entered: 12/18/1996)

Dec. 17, 1996
20

MOTION by plaintiffs for leave to file an extended brief NOTED FOR 1/3/97 (TW) (Entered: 12/18/1996)

Dec. 17, 1996
21

DECLARATION of Deborah A Dorfman by plaintiffs in support of motion for leave to file an extended brief [20-1] (TW) (Entered: 12/18/1996)

Dec. 17, 1996
22

DECLARATION of Randal B Brown by plaintiffs in support of motion for leave to file an extended brief [20-1] (TW) (Entered: 12/18/1996)

Dec. 17, 1996

LODGED ORDER: re: motion for leave to file an extended brief [20-1] (TW) (Entered: 12/18/1996)

Dec. 17, 1996
23

MOTION by plaintiffs to shorten time on motion for leave to file an extended brief [20-1] NOTED FOR 12/20/96 (TW) (Entered: 12/18/1996)

Dec. 17, 1996
24

AFFIDAVIT of Deborah A Dorfman in support of motion to shorten time on motion for leave to file an extended brief [20-1] [23-1] (TW) (Entered: 12/18/1996)

Dec. 17, 1996
25

AFFIDAVIT of Randal B Brown in support of motion to shorten time on motion for leave to file an extended brief [20-1] [23-1] (TW) (Entered: 12/18/1996)

Dec. 17, 1996

LODGED ORDER: re: motion to shorten time on motion for leave to file an extended brief [20-1] [23-1] (TW) (Entered: 12/18/1996)

Dec. 17, 1996
26

ORDER by Judge Franklin D. Burgess GRANTING P's motion to shorten time on motion for leave to file an extended brief [20-1] [23-1], NOTED FOR 12/20/96 motion for leave to file an extended brief [20-1] (cc: counsel, Judge) (TW) (Entered: 12/20/1996)

Dec. 20, 1996
27

ORDER by Judge Franklin D. Burgess GRANTING P's motion for leave to file an extended brief [20-1] (cc: counsel, Judge) (TW) (Entered: 12/20/1996)

Dec. 20, 1996
28

MOTION by plaintiffs to certify class action NOTED FOR 1/31/97 (TW) (Entered: 01/03/1997)

Jan. 2, 1997

LODGED ORDER: re: motion to certify class action [28-1] (TW) (Entered: 01/03/1997)

Jan. 2, 1997
29

NOTICE by Pltfs that the following being correctly NOTED FOR 1/31/97 motion to certify class action (CAR) (Entered: 01/06/1997)

Jan. 6, 1997
30

AFFIDAVIT OF SERVICE by plaintiff of motion to certify class action [28-1], of order lodged [0-0] (CAR) (Entered: 01/06/1997)

Jan. 6, 1997
31

LETTER by plaintiffs re: motion to certify class action [28-1] (CAR) (Entered: 01/06/1997)

Jan. 6, 1997
32

OPPOSITION/RESPONSE by plaintiffs' to dfts' motion for a more definitive stmt to strike [17-1] (TW) (Entered: 01/14/1997)

Jan. 13, 1997

LODGED ORDER: re: DENYING motion for a more definitive stmt & to strike [17-1] (TW) (Entered: 01/14/1997)

Jan. 13, 1997
33

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 30 (TW) (Entered: 01/14/1997)

Jan. 13, 1997
34

MEMORANDUM IN OPPOSITION/RESPONSE by defendants to motion to certify class action [28-1] (TW) (Entered: 01/23/1997)

Jan. 21, 1997

LODGED ORDER: re: DENYING motion to certify class action [28-1] (TW) (Entered: 01/23/1997)

Jan. 21, 1997
35

AFFIDAVIT OF SERVICE by defendant of motion response [34-1] (TW) (Entered: 01/24/1997)

Jan. 23, 1997
36

REPLY by plaintiffs TO RESPONSE to motion to certify class action [28-1] (TW) (Entered: 01/30/1997)

Jan. 30, 1997
37

MOTION to intervene & defer rulings on mtns by Friends of Rainier NOTED FOR 2/21/97 (TW) (Entered: 02/04/1997)

Feb. 3, 1997
38

MEMORANDUM in support of motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 02/04/1997)

Feb. 3, 1997
39

DECLARATION of Keith Kemper re motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 02/04/1997)

Feb. 3, 1997
40

DECLARATION of Thomas J Dean re motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 02/04/1997)

Feb. 3, 1997
41

TRIAL NOTICE Discovery cutoff 3/8/98 Motion filing deadline 4/7/98 Pretrial order to be submitted by 6/11/98 Pretrial conference set for 1:30 6/19/98 Trial set for 9:00 7/6/98 Trial briefs to be submitted by 6/11/98 39.1 designation effective 3/18/98 (cc:all counsel) (KM) (Entered: 02/05/1997)

Feb. 3, 1997
42

DECLARATION of Pat Buker by plaintiffs re motion to certify class action [28-1] (EC) (Entered: 02/05/1997)

Feb. 4, 1997
43

AFFIDAVIT OF MAILING by defendants of declaration [42-1] (EC) (Entered: 02/06/1997)

Feb. 6, 1997
44

RESPONSE/OPPOSITION by plaintiffs to motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 02/18/1997)

Feb. 14, 1997

LODGED ORDER: re: DENYING motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 02/18/1997)

Feb. 14, 1997
45

REPLY by Intervenor's TO RESPONSE to motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 02/24/1997)

Feb. 20, 1997
46

SUPPLEMENTAL DECLARATION of Thomas J Dean re motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 02/24/1997)

Feb. 20, 1997
47

DECLARATION of Keith Kemper re motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 02/24/1997)

Feb. 20, 1997
48

DECLARATION of A. Bernice Schrawyer re motion to intervene defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 02/24/1997)

Feb. 20, 1997

LODGED ORDER: re: motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 02/24/1997)

Feb. 21, 1997
49

MOTION by defendants for protective order NOTED FOR 3/28/97 (TW) (Entered: 03/13/1997)

March 12, 1997

LODGED ORDER: re: motion for protective order [49-1] (TW) (Entered: 03/13/1997)

March 12, 1997
50

ORDER by Judge Franklin D. Burgess GRANTING dft's motion to strike complaint [17-1]; P's are directed to file an amended cmplt which complies w/ the requirements of FRCP 8(a) (cc: counsel, Judge) (TW) (Entered: 03/21/1997)

March 21, 1997

LODGED ORDER: re: motion for scheduling order on discovery [51-1] (TW) (Entered: 03/24/1997)

March 21, 1997
52

MOTION by plaintiff to shorten time on dfts' motion for protective order [49-1] NOTED FOR 3/28/97 (TW) (Entered: 03/24/1997)

March 21, 1997

LODGED ORDER: re: motion to shorten time on dfts' motion for protective order [49-1] [52-1] (TW) (Entered: 03/24/1997)

March 21, 1997
53

RESPONSE by plaintiffs to dfts' motion for protective order [49-1] (TW) (Entered: 03/24/1997)

March 21, 1997

LODGED ORDER: re: DENYING motion for protective order [49-1] (TW) (Entered: 03/24/1997)

March 21, 1997
54

REPLY by defendants TO RESPONSE to motion for protective order [49-1] (TW) (Entered: 03/28/1997)

March 27, 1997
55

AFFIDAVIT of mailing re: Reply Brief in Supp of Mtn for Protective Order [54-1] (JAB) (Entered: 04/01/1997)

March 31, 1997
56

OPPOSITION/RESPONSE by defendant to motion for scheduling order on discovery [51-1] (TW) (Entered: 04/04/1997)

April 3, 1997

LODGED ORDER: re: motion for scheduling order on discovery [51-1] (TW) (Entered: 04/04/1997)

April 3, 1997
57

AMENDED COMPLAINT by plaintiff; terminating Norm Davis, Michael Lowry; adding Resa Hayes, Timothy Brown, Gary Locke (TW) (Entered: 04/09/1997)

April 8, 1997
58

MOTION by defendants WA State, et al, to dismiss P's ARC & Autism Society - ORA REQ NOTED FOR 5/9/97 (TW) Modified on 04/16/1997 (Entered: 04/16/1997)

April 15, 1997
59

MEMORANDUM by defendants in support of motion to dismiss P's ARC & Autism Society [58-1] (TW) Modified on 05/05/1997 (Entered: 04/16/1997)

April 15, 1997
60

NOTICE by defendant that the following is NOTED FOR 5/9/97 motion to dismiss P's ARC & Autism Society (TW) (Entered: 04/17/1997)

April 17, 1997
61

MOTION by plaintiffs for protective order - ORA REQ NOTED FOR 5/9/97 (TW) (Entered: 04/22/1997)

April 21, 1997
62

MEMORANDUM by plaintiffs in support of motion for protective order [61-1] (TW) (Entered: 04/22/1997)

April 21, 1997

LODGED ORDER: re: motion for protective order - ORA REQ [61-1] (TW) (Entered: 04/22/1997)

April 21, 1997
63

MOTION by plaintiff to shorten time on motion for protective order [61- 1] NOTED FOR 4/25/97 (TW) (Entered: 04/22/1997)

April 21, 1997

LODGED ORDER: re: motion to shorten time on motion for protective order [61-1] [63-1] (TW) (Entered: 04/22/1997)

April 21, 1997
65

MOTION by plaintiff Arc of Washington to withdraw request for production of docs NOTED FOR 5/9/97 (TW) (Entered: 04/22/1997)

April 21, 1997

LODGED ORDER: re: motion to withdraw request for production of docs [65-1] (TW) (Entered: 04/22/1997)

April 21, 1997
66

MOTION by plaintiffs to withdraw motion to shorten time on dft's mtn for protective order NOTED FOR 5/9/97 (TW) (Entered: 04/22/1997)

April 21, 1997

LODGED ORDER: re: motion to withdraw motion to shorten time on dft's mtn for protective order [66-1] (TW) (Entered: 04/22/1997)

April 21, 1997
67

ORDER by Judge Franklin D. Burgess: P's mtn to w/draw request for docs is GRANTED; Dfts' motion for protective order [49-1] is STRICKEN AS MOOT; Ps' motion to shorten time on dfts' motion for protective order [49-1] [52-1] is STRICKEN AS MOOT (cc: counsel, Judge) (TW) (Entered: 04/22/1997)

April 22, 1997
68

OPPOSITION by dfts to Pltfs' motion for protective order [61-1] (CAR) (Entered: 04/24/1997)

April 24, 1997

LODGED ORDER DENYING Pltfs' mtn for protective order [61-1] (CAR) (Entered: 04/24/1997)

April 24, 1997
69

OPPOSITION by dfts to motion to shorten time on motion for protective order [61-1] [63-1] (CAR) (Entered: 04/24/1997)

April 24, 1997
70

AFFIDAVIT of Linda D Jellum re: dfts' oppositions to mtn for shorten time and mtn for protective order (CAR) (Entered: 04/24/1997)

April 24, 1997
71

AFFIDAVIT OF SERVICE by dfts of opposition to mtn for protective order [68-1], proposed order [0-0], opposition to mtn to shorten time [69- 1], and 3rd afdt of Linda D Jellum [70-1] (CAR) (Entered: 04/24/1997)

April 24, 1997
72

ORDER by Judge Franklin D. Burgess GRANTING P's motion to shorten time on motion for protective order [61-1] [63-1], DENYING P's motion for protective order [61-1] (cc: counsel, Judge) (TW) (Entered: 04/28/1997)

April 25, 1997
73

MOTION by plaintiffs for emergency status conference/ hearing NOTED FOR 5/16/97 (TW) (Entered: 04/28/1997)

April 25, 1997

LODGED ORDER: re: motion for emergency status conference/ hearing [73-1] (TW) (Entered: 04/28/1997)

April 25, 1997
74

MOTION by plaintiffs to shorten time on motion for emergency status conference/ hearing [73-1] NOTED FOR 5/2/97 (TW) (Entered: 04/28/1997)

April 25, 1997
75

REPLY BRIEF by plaintiffs re: protective order [61-1] (TW) (Entered: 04/30/1997)

April 29, 1997
76

STATEMENT by plaintiffs of supplemental authority in opposition to motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] (TW) (Entered: 04/30/1997)

April 29, 1997
77

ORDER by Judge Franklin D. Burgess DENYING motion to certify class action [28-1] (cc: counsel, Judge) (CAR) (Entered: 05/01/1997)

May 1, 1997
78

ORDER by Judge Franklin D. Burgess GRANTING motion to intervene & defer rulings on mtns by Friends of Rainier [37-1] adding intervenor- defendant Friends of Rainier Inc. FOR shall file its anser to the first amd cmplt by 5/9/97. (cc: counsel, Judge) (CAR) (Entered: 05/01/1997)

May 1, 1997
80

ANSWER to complaint [57-1] by defendants (TW) (Entered: 05/05/1997)

May 1, 1997
81

SUPPLEMENTAL BRIEF/MEMORANDUM by defendant in opposition to motion for protective order [61-1] (TW) (Entered: 05/05/1997)

May 1, 1997
82

MEMORANDUM by defendant in opposition to motion to shorten time on motion for emergency status conference/ hearing [73-1] [74-1] (TW) (Entered: 05/05/1997)

May 1, 1997
79

ORDER by Judge Franklin D. Burgess GRANTING P's motion to shorten time on motion for emergency status conference/ hearing [73-1] [74-1], DENYING P's motion for emergency status conference/ hearing [73-1] (cc: counsel, Judge) (TW) (Entered: 05/02/1997)

May 2, 1997

State / Territory: Washington

Case Type(s):

Intellectual Disability (Facility)

Key Dates

Filing Date: Oct. 21, 1996

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals that (1) reside at Rainier; (2) may be admitted to Rainier; or (3) have been discharged from Rainier to group homes, nursing facilities, intermediate care facilities.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Rainier Residential Habilitation (Rainier School) (Buckley), State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Constitutional Clause(s):

Due Process

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Order Duration: 1998 - 1998

Issues

General:

Assault/abuse by staff

Bathing and hygiene

Communication skills

Confinement/isolation

Deinstitutionalization/decarceration

Education

Habilitation (training/treatment)

Individualized planning

Loss or damage to property

Neglect by staff

Reassessment and care planning

Recreation / Exercise

Restraints : chemical

Restraints : physical

Sanitation / living conditions

Special education

Staff (number, training, qualifications, wages)

Totality of conditions

Disability:

Integrated setting

Mental Disability:

Developmental disability without intellectual disability

Intellectual/developmental disability, unspecified

Medical/Mental Health:

ICF/MR & HCFA standards

Medical care, general

Mental health care, general

Type of Facility:

Government-run