Case: Huss v. Spokane County

2:05-cv-00180 | U.S. District Court for the Eastern District of Washington

Filed Date: June 13, 2005

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On June 13, 2005, represented by the Center for Justice, in Spokane, the plaintiff brought suit under 42 U.S.C. §1983 in the U.S. District Court for the Eastern District of Washington, seeking to strike down a Washington state statute as unconstitutional. The statute, RCW § 70.48.390, allowed jails to require each person who is booked into jail to pay a fee based on the Jail's actual booking costs or one hundred dollars, whichever is less. The fee is payable immediately from any money then po…

On June 13, 2005, represented by the Center for Justice, in Spokane, the plaintiff brought suit under 42 U.S.C. §1983 in the U.S. District Court for the Eastern District of Washington, seeking to strike down a Washington state statute as unconstitutional. The statute, RCW § 70.48.390, allowed jails to require each person who is booked into jail to pay a fee based on the Jail's actual booking costs or one hundred dollars, whichever is less. The fee is payable immediately from any money then possessed by the person being booked into jail. RCW § 70.48.390.

In accordance with RCW § 70.48.390, the Spokane County Board of Commissioners passed Resolution 04-0160 in February 2004. That resolution authorized the Spokane County Jail to develop and implement a procedure to collect a fee from persons booked into jail. On May 5, 2004, pursuant to Resolution 04-0160, the Jail adopted an official policy authorizing the collection of a booking fee. Under this Policy, federal inmates are charged the federal daily rate while non-federal inmates are charged the actual jail booking costs--$89.12. Pursuant to the statute, the Policy allows the fees to be taken directly from any funds found on the person at the time of booking.

In this case, the plaintiff was arrested based on a domestic violence complaint and booked into the Spokane County Jail on October 31, 2004. His wallet was inventoried as personal property that would be returned upon his release, but the Jail took all of the money in it as payment on the booking fee. The Spokane County jail did not inform the plaintiff he was being charged a booking fee, that there was a reimbursement policy in place, or that the money was required to be returned if his charges were dropped or he was acquitted. He was released from jail the next day after all of the charges were dropped. Upon his release, his money was not returned and he did not receive a copy of the Jail's reimbursement policy. The Spokane County Jail eventually returned the plaintiff's money several months later, after his lawyer sent a letter to Spokane County stating the Jail's booking fee policy was unconstitutional.

In January 2005, the Jail modified its forms and procedures related to the collection of booking fees, instituting the requirement that each person booked into jail receive paperwork outlining methods for obtaining reimbursement. Further, persons who were released and not charged within 72 hours, automatically, without request, were to have their booking fees returned if paid in part or in full. The Jail also automatically voided any unpaid--but not paid--booking fees for all inmates who were found not-guilty, acquitted, or had their charge dismissed.

The plaintiff sought partial summary judgment, arguing that the statute and the implementing policy were facially unconstitutional. The County, joined by the State as intervenor, defended. On August 29, 2006, Judge Fred Van Sickle granted plaintiff's motion, holding that the statute and policy violated due process, because they allowed the deprivation of plaintiff's property without a hearing or other chance to oppose the confiscation. The County and State moved for reconsideration. On April 13, 2007, Judge Van Sickle granted defendants' motion and dismissed plaintiff's claims for declaratory and injunctive relief on the basis that plaintiff lacked standing to bring a facial challenge as to the constitutionality of RCW § 70.48.390 and the Jail's booking fee policy. The plaintiff's damage claim survived. Judge Van Sickle ordered further briefing on the issue of whether the application of RCW § 70.48.390 and the Jail's booking policy to the plaintiff and others was constitutional.

On October 12, 2007, Judge Van Sickle partially granted the plaintiff's summary judgment motion on the issue of liability. It held that under Matthews v. Eldridge [424 U.S. 319 (1976)], the application of the Jail's booking fee policy to the plaintiffs deprived them of due process of law. To satisfy the test, the court found that seizure of all of the funds in the plaintiffs' possession implicated a significant private interest, and that the risk of erroneous deprivation in application of the policy was extreme compared to the municipality's interest in increasing revenue. In this situation, due process required a pre-deprivation hearing.

Class certification was granted on August 25, 2008. It included all individuals from May 5, 2004 to December 20, 2006 who were deprived of their property pursuant to the booking fee policy of the Spokane County Jail without being provided the constitutionally guaranteed due process of law. The defendant filed a motion to reconsider the grant of class action status, saying that the booking policy changed in January 2005. In denying the motion to reconsider, the court said that although

the January 2005 policy mandated that individuals booked into jail receive paperwork outlining methods for reimbursement and booking fees and were automatically returned to persons not charged within 72 hours, it still resulted in the deprivation of individuals' property upon booking into the Jail without due process. The actual deprivation of property, without due process, occurred upon the collection of a booking fee without an opportunity to contest the taking of the money. In the same order, the judge denied the defendant's motion to reconsider the October 2007 grant of partial summary judgment on the issue of liability. However, he granted a certification for interlocutory review. On January 26, 2009, the defendant filed an appeal of the October 2007 grant of partial summary judgment to the plaintiff in the Ninth Circuit [09-35074].

For most of 2009, the parties worked on a settlement agreement. In the Ninth Circuit, the case was referred for mediation, but the parties never met before the mediator as a settlement was reached out of court. A preliminary joint settlement was approved by the District Court on September 18 of 2009. After hearing out some objections from the defendant's side, the parties filed a final joint motion for settlement on March 1, 2010. It was approved by the court on March 19. The appeal was dismissed after the settlement was approved by the District Court.

The plaintiff class received $491,668, with $147,487.48 going to attorney's fees. The named plaintiff, Shawn Huss, received $10,000 as an incentive award.

From March to December 2010, a handful of individual class members appealed with the Ninth Circuit in order to opt out of the settlement agreement. The case was voluntarily dismissed on April 9, 2012.

Summary Authors

Margo Schlanger (9/10/2006)

Dan Hofman (3/24/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5362150/parties/huss-v-spokane-county/


Judge(s)

Van Sickle, Frederick L. (Washington)

Attorneys(s) for Plaintiff

Beggs, Breean Lawrence (Washington)

Finer, Jeffry Keith (Washington)

Sklut, John D (Washington)

Attorneys(s) for Defendant

Conklin, Frank J. (Washington)

Kaufman, James Henry (Washington)

Patterson, Michael A. (Washington)

Other Attorney(s)

Active

Judge(s)

Van Sickle, Frederick L. (Washington)

Attorneys(s) for Plaintiff

Beggs, Breean Lawrence (Washington)

Finer, Jeffry Keith (Washington)

Sklut, John D (Washington)

Attorneys(s) for Defendant

Conklin, Frank J. (Washington)

Kaufman, James Henry (Washington)

Patterson, Michael A. (Washington)

Other Attorney(s)

Ford, Timothy D. (Washington)

Documents in the Clearinghouse

Document

Docket (PACER)

April 9, 2012 Docket
1-1

Complaint

June 13, 2005 Complaint
15

Amended Complaint for Violations of Civil Rights: Class Action

July 14, 2005 Complaint
27

Plaintiff's Motion for Partial Summary Judgment (including Statement of Undisputed Facts and Memorandum of Law)

Nov. 22, 2005 Pleading / Motion / Brief
36

[Defendant's] Motion to Dismiss for Failure to State a Claim (FRCP 12(b)(6)); Alternatively for Summary Judgment (including Statement of Facts and Memorandum of Law)

Nov. 28, 2005 Pleading / Motion / Brief
61

Second Amended Complaint for Violations of Civil Rights: Class Action

Dec. 21, 2005 Complaint
62

Answer to Second Amended Complaint

Dec. 30, 2005 Pleading / Motion / Brief
68

Attorney General's Response to Plaintiff's Motion for Partial Summary Judgment

March 17, 2006 Pleading / Motion / Brief
75

Order Granting Plaintiff's Motion for Partial Summary Judgment

Aug. 29, 2006 Order/Opinion
117

Order Granting Motion for Reconsideration

April 13, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5362150/huss-v-spokane-county/

Last updated May 19, 2022, 11:53 p.m.

ECF Number Description Date Link
75

ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT - denying 36 Motion to Dismiss; and granting 27 Motion for Partial Summary Judgment. Signed by Judge Fred Van Sickle. (CS, Case Administrator)

Aug. 29, 2006 RECAP
1

COMPLAINT against Spokane County ( Filing fee $ 250; Receipt # 061679). Summons issued. Filed by Shawn Huss. (Attachments: # 1 Civil Cover Sheet)(CR, Case Administrator) (Entered: 06/13/2005)

June 13, 2005
117

ORDER GRANTING MOTION FOR RECONSIDERATION re Ct. Rec. 80 Defendant's Motion for Reconsideration is GRANTED; Ct. Rec. 77 Defendant's Intervener's Motion for Reconsideration is DENIED AS MOOT; and Ct. Rec. 107 Defendant's Motion to Stay is DENIED AS MOOT. The Court's prior Order, Ct. Rec. 75 , granting Plaintiff's Motion for Partial Summary Judgment is WITHDRAWN. The Plaintiff's claims for declaratory and injunctive relief are DISMISSED. (VJ, Case Administrator)

April 13, 2007 RECAP
2

SUMMONS Returned Executed by Shawn Huss re Spokane County. (CR, Case Administrator) (Entered: 06/15/2005)

June 15, 2005
135

ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION re Ct. Rec. 118 Plaintiff's Motion for Reconsideration is DENIED; and Ct. Rec. 121 Defendant's Motion to Strike is DENIED AS MOOT. Signed by Judge Fred Van Sickle. (VJ, Case Administrator)

June 18, 2007 RECAP
3

NOTICE of Appearance by James Henry Kaufman on behalf of Spokane County (Kaufman, James) (Entered: 06/29/2005)

June 29, 2005
4

PROOF OF SERVICE by Spokane County re 3 Notice of Appearance (Kaufman, James) (Entered: 06/29/2005)

June 29, 2005
162

ORDER GRANTING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION granting 94 Motion to Certify Class. This action shall proceed as a class action on behalf of a class consisting of all individuals, from May 5, 2004 to December 20, 2006, who w ere deprived of their property pursuant to booking fee policy of the Spokane County Jail without being provided the constitutionally guaranteed due process of law. Shawn Huss shall serve as the class representative. Attorneys for the Center for Justice shall serve as counsel for the class. Signed by Senior Judge Fred Van Sickle. (SJP, Case Administrator)

Aug. 25, 2008 RECAP
5

MOTION for Partial Summary Judgment by Shawn Huss. (Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
6

MEMORANDUM in Support re 5 MOTION for Partial Summary Judgment filed by Shawn Huss. (Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
7

DECLARATION by Breean Beggs in Support re 5 MOTION for Partial Summary Judgment filed by Shawn Huss. (Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
8

DECLARATION by Shawn Huss in Support re 5 MOTION for Partial Summary Judgment filed by Shawn Huss. (Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
9

NOTICE of Hearing on Motion re 5 MOTION for Partial Summary Judgment: Motion Hearing set for 8/8/2005 at 06:30 PM Without Oral Argument for 5 , before Chief Judge Fred Van Sickle (Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
10

MOTION to Certify Class Action; Grant Approval of Notice to Class; and Appoint Class Counsel by Shawn Huss. (Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
11

MEMORANDUM in Support re 10 MOTION to Certify Class Action; Grant Approval of Notice to Class; and Appoint Class Counsel filed by Shawn Huss. (Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
12

DECLARATION by Breean Beggs in Support re 10 MOTION to Certify Class Action; Grant Approval of Notice to Class; and Appoint Class Counsel filed by Shawn Huss. (Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
13

DECLARATION by Shawn Huss in Support re 10 MOTION to Certify Class Action; Grant Approval of Notice to Class; and Appoint Class Counsel filed by Shawn Huss. (Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
14

NOTICE of Hearing on Motion re 10 MOTION to Certify Class Action; Grant Approval of Notice to Class; and Appoint Class Counsel : Motion Hearing set for 8/8/2005 at 06:30 PM Without Oral Argument for 10 , before Chief Judge Fred Van Sickle (Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
15

AMENDED COMPLAINT For Violations of Civil Rights against Shawn Huss. Jury Demand. Filed by Shawn Huss.(Beggs, Breean) (Entered: 07/14/2005)

July 14, 2005
16

STIPULATION re 10 MOTION to Certify Class Action; Grant Approval of Notice to Class; and Appoint Class Counsel , 5 MOTION for Partial Summary Judgment by Shawn Huss. (Beggs, Breean) (Entered: 08/03/2005)

Aug. 3, 2005
17

ORDER STRIKING MOTIONS; re 16 Stipulation filed by Shawn Huss; Motions Stricken: 10 MOTION to Certify Class Action; Grant Approval of Notice to Class; and Appoint Class Counsel filed by Shawn Huss; 5 MOTION for Partial Summary Judgment filed by Shawn Huss. Signed by Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 08/17/2005)

Aug. 17, 2005
18

MOTION for Joinder Continuance of Due Date of Spokane County's Answer by Spokane County. (Kaufman, James) (Entered: 10/11/2005)

Oct. 11, 2005
20

TEXT ORDER (no pdf attached) granting 18 Joint Motion for Continuance. Defendant's shall file their answer to the amended complaint on or before November 1, 2005.. Signed by Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 10/14/2005)

Oct. 14, 2005
21

ANSWER to Complaint by Spokane County.(Kaufman, James) (Entered: 10/28/2005)

Oct. 28, 2005
22

SCHEDULING CONFERENCE NOTICE : Telephonic Scheduling Conference set for 12/2/2005 09:00 AM in Spokane before Judge Fred Van Sickle. (Attachments: # 1 Consent)(CP, Courtroom Deputy) (Entered: 11/02/2005)

Nov. 2, 2005
23

STATUS REPORT Joint Status Certificate by Shawn Huss. (Beggs, Breean) (Entered: 11/15/2005)

Nov. 15, 2005
24

MOTION for Leave to File a Second Amended Complaint by Shawn Huss. (Beggs, Breean) (Entered: 11/21/2005)

Nov. 21, 2005
25

DECLARATION by Breean Beggs in Support re 24 MOTION for Leave to File a Second Amended Complaint filed by Shawn Huss. (Attachments: # 1 Exhibit A)(Beggs, Breean) (Entered: 11/21/2005)

Nov. 21, 2005
26

NOTICE of Hearing on Motion re 24 MOTION for Leave to File a Second Amended Complaint : Motion Hearing set for 12/16/2005 at 06:30 PM Without Oral Argument for 24 , before Judge Fred Van Sickle (Beggs, Breean) (Entered: 11/21/2005)

Nov. 21, 2005
27

MOTION for Partial Summary Judgment by Shawn Huss. (Beggs, Breean) (Entered: 11/22/2005)

Nov. 22, 2005
28

MEMORANDUM of Points and Authorities in Support re 27 MOTION for Partial Summary Judgment filed by Shawn Huss. (Beggs, Breean) (Entered: 11/22/2005)

Nov. 22, 2005
29

STATEMENT OF Undisputed FACTS re 27 MOTION for Partial Summary Judgment filed by Shawn Huss. (Beggs, Breean) (Entered: 11/22/2005)

Nov. 22, 2005
30

NOTICE of Hearing on Motion re 27 MOTION for Partial Summary Judgment: Motion Hearing set for 12/19/2005 at 06:30 AM Without Oral Argument for 27 , before Judge Fred Van Sickle (Beggs, Breean) (Entered: 11/22/2005)

Nov. 22, 2005
31

NOTICE by Spokane County Association of Counsel (Kaufman, James) (Entered: 11/23/2005)

Nov. 23, 2005
32

MOTION to Strike Requests for Admissions by Spokane County. (Kaufman, James) (Entered: 11/23/2005)

Nov. 23, 2005
33

NOTICE of Hearing on Motion re 32 MOTION to Strike Requests for Admissions : Motion Hearing set for 12/19/2005 at 06:30 PM Without Oral Argument for 32 , before Judge Fred Van Sickle (Kaufman, James) (Entered: 11/23/2005)

Nov. 23, 2005
34

MOTION to Strike Plaintiff's Motion for Summary Judgment and In the Alternative for Order Allowing Oral Argument and Declaration of James H. Kaufman by Spokane County. (Kaufman, James) (Entered: 11/23/2005)

Nov. 23, 2005
35

NOTICE of Appearance by Frank J Conklin on behalf of Spokane County (Conklin, Frank) (Entered: 11/25/2005)

Nov. 25, 2005
36

MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment by Spokane County. (Kaufman, James) (Entered: 11/28/2005)

Nov. 28, 2005
37

STATEMENT OF FACTS re 36 MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment filed by Spokane County. (Kaufman, James) (Entered: 11/28/2005)

Nov. 28, 2005
39

AFFIDAVIT by James H. Kaufman in Support re 36 MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment filed by Spokane County. (Kaufman, James) (Entered: 11/28/2005)

Nov. 28, 2005
40

NOTICE of Hearing on Motion Oral Argument Requested re 36 MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment : Motion Hearing set for 1/13/2006 at 11:30 AM Spokane for 36 , before Judge Fred Van Sickle (Kaufman, James) (Entered: 11/28/2005)

Nov. 28, 2005
41

PROOF OF SERVICE by Spokane County re 37 Statement of Facts, 38 Memorandum in Support of Motion, 39 Affidavit in Support of Motion, 40 Notice of Hearing on Motion,, 36 MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment (Kaufman, James) (Entered: 11/28/2005)

Nov. 28, 2005
42

RESPONSE to Motion re 24 MOTION for Leave to File a Second Amended Complaint filed by Spokane County. (Kaufman, James) (Entered: 11/29/2005)

Nov. 29, 2005
43

RESPONSE to Motion re 27 MOTION for Partial Summary Judgment filed by Spokane County. (Kaufman, James) (Entered: 11/29/2005)

Nov. 29, 2005
44

REPLY MEMORANDUM re 24 MOTION for Leave to File a Second Amended Complaint filed by Shawn Huss. (Beggs, Breean) (Entered: 12/02/2005)

Dec. 2, 2005
45

REPLY MEMORANDUM re 27 MOTION for Partial Summary Judgment filed by Shawn Huss. (Beggs, Breean) (Entered: 12/02/2005)

Dec. 2, 2005
46

Minute Entry for TELEPHONIC proceedings held before Judge Fred Van Sickle : Scheduling Conference held on 12/2/2005. (Not Reported) (CP, Courtroom Deputy) (Entered: 12/02/2005)

Dec. 2, 2005
47

MOTION to Withdraw Motion to Strike Requests for Admissions by Spokane County. (Kaufman, James) (Entered: 12/02/2005)

Dec. 2, 2005
48

RESPONSE to Motion re 34 MOTION to Strike Plaintiff's Motion for Summary Judgment and In the Alternative for Order Allowing Oral Argument and Declaration of James H. Kaufman filed by Shawn Huss. (Beggs, Breean) (Entered: 12/02/2005)

Dec. 2, 2005
49

DECLARATION by Breean L. Beggs in Opposition re 34 MOTION to Strike Plaintiff's Motion for Summary Judgment and In the Alternative for Order Allowing Oral Argument and Declaration of James H. Kaufman and In Support of Plaintiff's Response filed by Shawn Huss. (Attachments: # 1 Exhibit email)(Beggs, Breean) (Entered: 12/02/2005)

Dec. 2, 2005
50

SCHEDULING ORDER: Pretrial Conference set for 10/24/2006 08:30 AM in Spokane before Judge Fred Van Sickle. Jury Trial set for 11/13/2006 09:00 AM in Spokane before Judge Fred Van Sickle.. Signed by Judge Fred Van Sickle. (VR, Case Administrator) (Entered: 12/02/2005)

Dec. 2, 2005
51

ORDER STRIKING MOTION granting 47 Motion to Withdraw. Withdrawing 32 Motion to Strike . Signed by Judge Fred Van Sickle. (RF, Case Administrator) (Entered: 12/05/2005)

Dec. 5, 2005
52

Amended NOTICE of Hearing on Motion Oral Argument Requested re 36 MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment : Motion Hearing set for 2/3/2006 at 01:30 PM Spokane for 36 , before Judge Fred Van Sickle (Kaufman, James) (Entered: 12/05/2005)

Dec. 5, 2005
53

RESPONSE to Motion re 34 MOTION to Strike Plaintiff's Motion for Summary Judgment and In the Alternative for Order Allowing Oral Argument and Declaration of James H. Kaufman filed by Spokane County. (Kaufman, James) (Entered: 12/08/2005)

Dec. 8, 2005
55

ORDER AND NOTICE OF HEARING; Granting in part and Denying in part 34 Motion to Strike, Granting 24 Motion for Leave to File. Plaintiff's Motion for Summary Judgment, Ct. Rec. 27 is RESCHEDULED for February 3, 2006, with oral argument at 1:30 PM. Signed by Judge Fred Van Sickle. (LMS, Case Administrator) (Entered: 12/16/2005)

Dec. 16, 2005
56

REPLY MEMORANDUM re 36 MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment filed by Spokane County. (Kaufman, James) (Entered: 12/16/2005)

Dec. 16, 2005
57

STATEMENT OF FACTS re 36 MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment filed by Spokane County. (Kaufman, James) (Entered: 12/16/2005)

Dec. 16, 2005
58

AFFIDAVIT by Kay Donder in Support re 36 MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment filed by Spokane County. (Kaufman, James) (Entered: 12/16/2005)

Dec. 16, 2005
59

CERTIFICATE of Counsel re 56 Reply Memorandum, 57 Statement of Facts, 58 Affidavit in Support of Motion by James Henry Kaufman on behalf of Spokane County (Kaufman, James) (Entered: 12/16/2005)

Dec. 16, 2005
60

Amended NOTICE of Hearing on Motion Oral Argument Requested re 27 MOTION for Partial Summary Judgment, 36 MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment : Motion Hearing set for 2/10/2006 at 01:30 PM Spokane for 27 and for 36 , before Judge Fred Van Sickle (Beggs, Breean) (Entered: 12/19/2005)

Dec. 19, 2005
61

Second AMENDED COMPLAINT against Spokane County. Filed by Shawn Huss.(Beggs, Breean) (Entered: 12/21/2005)

Dec. 21, 2005
62

ANSWER to Complaint SECOND AMENDED by Spokane County.(Kaufman, James) (Entered: 12/30/2005)

Dec. 30, 2005
63

Minute Entry for proceedings held before Judge Fred Van Sickle : Motion Hearing held on 2/10/2006 re 27 MOTION for Partial Summary Judgment filed by Shawn Huss, 36 MOTION to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment filed by Spokane County. (Reported by: Mark Snover) (CP, Courtroom Deputy) (Entered: 02/10/2006)

Feb. 10, 2006
64

ORDER AND CERTIFICATE PURSUANT TO 28 USC 2403; re 27 MOTION for Partial Summary Judgment filed by Shawn Huss; The Attorney General of Washington shall notify this Court on or before 2/27/06, in a pleading filed with the Clerk of the Court, as to whether the State of Washington will intervene in this case and participate in all future proceedings. Signed by Judge Fred Van Sickle. (cc: Rob McKenna, Attorney General of Washington)(LE, Case Administrator) (Entered: 02/13/2006)

Feb. 13, 2006
65

NOTICE of Appearance by Timothy D Ford on behalf of Attorney General for the State of Washington (Ford, Timothy) (Entered: 02/24/2006)

Feb. 24, 2006
66

RESPONSE to Certification Under 28 U.S.C. Sec. 2403(b) by Attorney General for the State of Washington. (Ford, Timothy) (Entered: 02/24/2006)

Feb. 24, 2006
67

ORDER ON BRIEFING SCHEDULE; Motion Hearings Re−set for 4/21/2006 at 06:30 PM Without Oral Argument for 36 Motion to Dismiss For Failure to State a Claim (FRCP 12(b)(6) Alternatively for Summary Judgment ; and for 27 Motion for Partial Summary Judgment, before Judge Fred Van Sickle. Signed by Judge Fred Van Sickle. (LE, Case Administrator) (Entered: 02/28/2006)

Feb. 28, 2006
68

RESPONSE to Motion re 27 MOTION for Partial Summary Judgment filed by Attorney General for the State of Washington. (Ford, Timothy) (Entered: 03/17/2006)

March 17, 2006
70

DECLARATION by Timothy Fischer In Support of Plaintiff's re 69 Response by Shawn Huss. (Sklut, John) (Entered: 03/31/2006)

March 31, 2006
71

DECLARATION by Breean Beggs In Support of Plaintiff's re 69 Response by Shawn Huss. (Sklut, John) (Entered: 03/31/2006)

March 31, 2006
72

Joint MOTION to Continue by Spokane County. (Kaufman, James) (Entered: 07/11/2006)

July 11, 2006
73

NOTICE of Hearing on Motion re 72 Joint MOTION to Continue: Motion Hearing set for 7/28/2006 at 06:30 PM Without Oral Argument for 72 , before Judge Fred Van Sickle (Kaufman, James) (Entered: 07/11/2006)

July 11, 2006
74

ORDER AND NOTICE OF HEARING granting Crt. Rec. 72 Motion to Continue. The Scheduling Conference Order Crt. Rec. 50 and the deadlines contained therein are STRICKEN. A Telephonic Scheduling/Status Conference will be held on 09/19/06 at 2:00 P.M. Signed by Judge Fred Van Sickle. (VJ, Case Administrator) (Entered: 07/25/2006)

July 25, 2006

A TELEPHONIC Scheduling Conference is set for 9/19/2006 at 2:00 P.M. before Judge Fred Van Sickle. The Plaintiff shall initiate the call to Judge Van Sickle at (509) 458−5250. (VJ, Case Administrator) (Entered: 07/25/2006)

July 25, 2006
76

NOTICE of Hearing − Text entry; no PDF document. − By Court: Telephonic Scheduling Conference set for 9/22/2006 11:00 AM in Spokane before Judge Fred Van Sickle. (moved from 9/19/06) Plaintiff shall initiate the call.(KJH, Judicial Assistant) (Entered: 09/07/2006)

Sept. 7, 2006
77

MOTION for Reconsideration by Attorney General for the State of Washington. (Attachments: # 1 Text of Proposed Order proposed order granting motion)(Ford, Timothy) (Entered: 09/13/2006)

Sept. 13, 2006
78

NOTICE of Hearing on Motion re 77 MOTION for Reconsideration: Motion Hearing set for 10/10/2006 at 06:30 PM Spokane for 77 , before Judge Fred Van Sickle (Ford, Timothy) (Entered: 09/13/2006)

Sept. 13, 2006
79

PROOF OF SERVICE by Attorney General for the State of Washington re 78 Notice of Hearing on Motion, 77 MOTION for Reconsideration (Ford, Timothy) (Entered: 09/13/2006)

Sept. 13, 2006
80

First MOTION for Reconsideration by Spokane County. (Attachments: # 1 Declaration)(Kaufman, James) (Entered: 09/13/2006)

Sept. 13, 2006
81

NOTICE of Hearing on Motion re 80 First MOTION for Reconsideration: Motion Hearing set for 10/10/2006 at 06:30 PM Spokane for 80 , before Judge Fred Van Sickle (Kaufman, James) (Entered: 09/13/2006)

Sept. 13, 2006
82

STATUS REPORT Joint by Shawn Huss. (Sklut, John) (Entered: 09/14/2006)

Sept. 14, 2006
83

Praecipe filed by Attorney General for the State of Washington Re Ct. Rec. 77 Proposed Order Granting Motion for Reconsideration . (Ford, Timothy) (Entered: 09/15/2006)

Sept. 15, 2006
84

Praecipe filed by Spokane County Re Ct. Rec 80 (Proposed) Order Granting Spokane County's Motion for Reconsideration . (Kaufman, James) (Entered: 09/15/2006)

Sept. 15, 2006
85

SCHEDULING CONFERENCE NOTICE − Text entry; no PDF document.: Scheduling Conference RESET for 9/22/2006 09:45 AM in Yakima before Judge Fred Van Sickle. (KJH, Judicial Assistant) (Entered: 09/21/2006)

Sept. 21, 2006
87

SCHEDULING CONFERENCE ORDER: The following Hearigs have been set, Oral Argument on Motions to Reconsider Crt. Rec. 77 and 80 will be heard on 11/6/2006 at 1:30 PM in Spokane before Judge Fred Van Sickle. A Telephonic Pretrial Conference is set for 8/21/2007 at 8:30 AM before Judge Fred Van Sickle. The Bench Trial is set for 9/10/2007 at 9:00 AM in Spokane before Judge Fred Van Sickle. Signed by Judge Fred Van Sickle. (VJ, Case Administrator) (Entered: 09/26/2006)

Sept. 26, 2006
88

MEMORANDUM in Opposition re 80 First MOTION for Reconsideration, 77 MOTION for Reconsideration filed by Shawn Huss. (Sklut, John) (Entered: 09/27/2006)

Sept. 27, 2006
89

DECLARATION by Eileen Bisson in Support re 80 First MOTION for Reconsideration filed by Spokane County. (Kaufman, James) (Entered: 09/29/2006)

Sept. 29, 2006
90

REPLY MEMORANDUM re 80 First MOTION for Reconsideration filed by Spokane County. (Kaufman, James) (Entered: 10/05/2006)

Oct. 5, 2006
91

REPLY MEMORANDUM re 77 MOTION for Reconsideration AG's Reply to Pl's Mem in Opp'n to Defs' Mot for Reconsideration filed by Attorney General for the State of Washington. (Attachments: # 1 Affidavit certificate of service)(Ford, Timothy) (Entered: 10/13/2006)

Oct. 13, 2006
92

NOTICE of Hearing on Motion − By Court − Text entry; no PDF document. Oral argument on 77 MOTION for Reconsideration, 80 First MOTION for Reconsideration:is RESET for 11/13/2006 at 10:00 AM Spokane for 77 and for 80 , before Judge Fred Van Sickle. No oral notice having been given, counsel may contact chambers if this schedule creates a hardship. (KJH, Judicial Assistant) (Entered: 10/23/2006)

Oct. 23, 2006
93

Minute Entry for proceedings held before Judge Fred Van Sickle : Motion Hearing held on 11/13/2006 re 80 First MOTION for Reconsideration filed by Spokane County, 77 MOTION for Reconsideration filed by Attorney General for the State of Washington. (Reported by: Mark Snover) (CP, Courtroom Deputy) (Entered: 11/13/2006)

Nov. 13, 2006
94

MOTION to Certify Class Grant Approval of Notice and Appoint Class Counsel by Shawn Huss. (Attachments: # 1 Text of Proposed Order # 2)(Sklut, John) (Entered: 12/20/2006)

Dec. 20, 2006
95

NOTICE of Hearing on Motion re 94 MOTION to Certify Class Grant Approval of Notice and Appoint Class Counsel : Motion Hearing set for 1/16/2007 at 06:30 PM Without Oral Argument for 94 , before Judge Fred Van Sickle (Sklut, John) (Entered: 12/20/2006)

Dec. 20, 2006
96

MEMORANDUM in Support re 94 MOTION to Certify Class Grant Approval of Notice and Appoint Class Counsel filed by Shawn Huss. (Sklut, John) (Entered: 12/20/2006)

Dec. 20, 2006
97

DECLARATION by Breean Beggs in Support re 94 MOTION to Certify Class Grant Approval of Notice and Appoint Class Counsel filed by Shawn Huss. (Attachments: # 1 Exhibit)(Sklut, John) (Entered: 12/20/2006)

Dec. 20, 2006
98

DECLARATION by Shawn Huss in Support re 94 MOTION to Certify Class Grant Approval of Notice and Appoint Class Counsel filed by Shawn Huss. (Sklut, John) (Entered: 12/20/2006)

Dec. 20, 2006
99

NOTICE by Shawn Huss proposed notice to members of class (class action) (Sklut, John) (Entered: 12/20/2006)

Dec. 20, 2006
100

Praecipe filed by Shawn Huss: Re 97 Declaration in Support of Motion. (Beggs, Breean) (Entered: 12/21/2006)

Dec. 21, 2006
102

MOTION to Strike 94 MOTION to Certify Class Grant Approval of Notice and Appoint Class Counsel by Spokane County. (Kaufman, James) (Entered: 01/16/2007)

Jan. 16, 2007

State / Territory: Washington

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 13, 2005

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All individuals, from May 5, 2004 to December 20, 2006, who had their funds seized and converted to the County's use under the Spokane County Jail's booking fee policy without a adequate notice and/or hearing, in violation of their due process rights under the law.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Spokane County Jail, County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Takings

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $491,688

Issues

General:

Loss or damage to property

Affected Gender:

Female

Male

Type of Facility:

Government-run