Case: Duffy v. Riveland

2:92-cv-01596 | U.S. District Court for the Western District of Washington

Filed Date: Oct. 13, 1992

Closed Date: 2002

Clearinghouse coding complete

Case Summary

In 1992 and 1993, a deaf inmate incarcerated at the Washington State Reformatory at Monroe, Washington, filed two pro se suits in the U.S. District Court for the Western District Of Washington contending that prison officials failed to provide him with a qualified interpreter at prison proceedings in violation of his rights under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 ("ADA"); the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("RA"); 42 U.S.C. § 1983 (" § 1983"); and Revis…

In 1992 and 1993, a deaf inmate incarcerated at the Washington State Reformatory at Monroe, Washington, filed two pro se suits in the U.S. District Court for the Western District Of Washington contending that prison officials failed to provide him with a qualified interpreter at prison proceedings in violation of his rights under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 ("ADA"); the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("RA"); 42 U.S.C. § 1983 (" § 1983"); and Revised Code of Washington Chapters 2.42.120(1), (2), and (4) ("RCW").

In the first suit filed on October 26, 1992, styled Duffy v. Riveland (92-01596), Duffy challenged the defendants' failure to provide him with a qualified interpreter at a July 30, 1992, prison disciplinary hearing. By order dated January 28, 1994, the District Court (Judge Barbara J. Rothstein) granted summary judgment to the defendants. Duffy appealed.

In the second suit, styled Duffy v. Yost (93-637), Duffy challenged the defendants' failure to provide him with a qualified interpreter at two separate classification hearings. The District Court (Judge Coughenour) granted summary judgment to the defendants on April 19, 1994. Duffy appealed.

The Ninth Circuit Court of Appeals consolidated the two cases on appeal and reversed the summary judgments in part (dismissal of ADA, RA, state law claims and § 1983 claims stemming from disciplinary hearing) and affirmed in part (dismissal of § 1983 claims stemming from classification hearings) and remanded the cases for further proceedings. Duffy v. Riveland. 98 F.3d 447 (1996).

On remand, both cases were assigned to District Judge Rothstein. Duffy amended his complaint and then filed a motion for partial summary judgment on his state law claim. On January 14, 1998, the District Court (Judge Barbara Rothstein) granted plaintiff's motion for summary judgment and held that state law (RCW 2.42.120) required the defendants to provide hearing-impaired inmates with a qualified interpreter at quasi-judicial proceedings. The Court ordered that injunctive relief should be extended to all future disciplinary hearings.

On February 10, 1998, a consolidated class action complaint was filed in the Duffy cases and the case Atkins v. Lehman, also pending in the District. A settlement of all claims followed. The settlement provided for the creation of a new Washington Department of Corrections policy governing treatment of disabled inmates, including provisions relating to providing certified interpreters and TTY access to hearing impaired inmates. In addition to the new policy, the DOC agreed to pay plaintiffs' attorneys fees of $150,000.

The District Court approved the class action settlement by order dated September 3, 1998. The settlement class included "All inmates incarcerated in Washington State Department of Corrections (DOC) facilities now or in the future who are deaf or whose hearing impairment substantially limits a major life activity."

We have no further information on this matter.

Summary Authors

Dan Dalton (2/20/2007)

Jessica Kincaid (7/14/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4765073/parties/duffy-v-riveland/


Judge(s)

Poole, Cecil F. (California)

Rothstein, Barbara Jacobs (Washington)

Sweigert, Philip K. (Washington)

Wiggins, Charles Edward (California)

Wright, Eugene Allen (Washington)

Attorneys(s) for Plaintiff

Arthur, Patricia J. (Washington)

Charmatz, Marc P. (Maryland)

Crollard, Jeff B. (Washington)

Fathi, David Cyrus (District of Columbia)

Feldman, Leonard J. (Washington)

Judge(s)

Poole, Cecil F. (California)

Rothstein, Barbara Jacobs (Washington)

Sweigert, Philip K. (Washington)

Wiggins, Charles Edward (California)

Wright, Eugene Allen (Washington)

Attorneys(s) for Plaintiff

Arthur, Patricia J. (Washington)

Charmatz, Marc P. (Maryland)

Crollard, Jeff B. (Washington)

Fathi, David Cyrus (District of Columbia)

Feldman, Leonard J. (Washington)

Luna, Felix (Washington)

Attorneys(s) for Defendant

Carr, Douglas Wayne (Washington)

Gregoire, Christine O. (Washington)

Inglis, Shannon Elizabeth (Washington)

Judge, Daniel J. (Washington)

Nerup, Penelope (Washington)

Young, Thomas J. (Washington)

Documents in the Clearinghouse

Document

Docket (PACER)

Duffy v. Yost

May 24, 1997 Docket

Docket (PACER)

Atkins v. Lehman

Aug. 28, 1997 Docket

Docket (PACER)

Aug. 1, 2005 Docket

Opinion

U. S. Court of Appeals for the Ninth Circuit

88 F.3d 1525

July 3, 1996 Order/Opinion

Order

U. S. Court of Appeals for the Ninth Circuit

88 F.3d 1537

Sept. 13, 1996 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

98 F.3d 447

Oct. 11, 1996 Order/Opinion

Report and Recommendation

Nov. 10, 1997 Order/Opinion

Order Granting Plaintiff's Motion for Summary Judgment

Jan. 14, 1998 Order/Opinion

Plaintiff's Consolidated Complaint - Class Action

Feb. 10, 1998 Complaint

Settlement Agreement

June 4, 1998 Settlement Agreement

Resources

Title Description External URL

Prisoners' Rights Lawyers' Strategies for Preserving the Role of the Courts

Margo Schlanger

This Article is part of the University of Miami Law Review’s Leading from Below Symposium. It canvasses prisoners’ lawyers’ strategies prompted by the 1996 Prison Litigation Reform Act (“PLRA”). The … Dec. 1, 2015 http://lawreview.law.miami.edu/prisoners-rights-lawyers-strategies-preserving-role-courts/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4765073/duffy-v-riveland/

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

ECF Number Description Date Link
1

COMPLAINT (Summons(es) issued) Receipt # 237648 (dktclk) (Entered: 12/20/1996)

Dec. 19, 1996
365

ORDER denying Gary Bau's 349 Motion to Reopen Case, and denying 351 Motion to Appoint Counsel, by Judge Barbara J. Rothstein.(LT, )

Dec. 29, 2006 RECAP
377

ORDER striking 367 Mr. Cochran's Motion for order to comply and ordering mediation by Judge Barbara J. Rothstein.(MD, mailed copy of order to Mr. Cochran) Modified on 3/30/2011- mailed copy of order to Dana LeGer; Garry Bau; George Manos (MD).

March 30, 2011 RECAP
2

RETURN OF SERVICE of summons and complaint executed upon defendant Chase Riveland on 12/20/96 (KERR) (Entered: 01/06/1997)

Jan. 3, 1997
3

RETURN OF SERVICE of summons and complaint executed upon defendant Tom Rolfs on 12/30/96 (KERR) (Entered: 01/06/1997)

Jan. 6, 1997
4

RETURN OF SERVICE of summons and complaint executed upon defendant Tana Wood on 1/6/97 (KERR) (Entered: 01/13/1997)

Jan. 11, 1997
5

RETURN OF SERVICE of summons and complaint executed upon defendant Tana Wood on 1/3/97 (KERR) (Entered: 01/13/1997)

Jan. 13, 1997
6

ATTORNEY APPEARANCE for defendants by Penelope S Nerup, Thomas J Young (KERR) (Entered: 01/16/1997)

Jan. 15, 1997
8

ORDER/NOTICE OF JOINT STATUS REPORT Joint Status Report due 4/21/97 (cc: counsel, Judge) (KERR) (Entered: 01/27/1997)

Jan. 27, 1997
9

ANSWER AND AFFIRMATIVE DEFENSES to complaint [1-1] by defendant; jury demand (KERR) (Entered: 02/11/1997)

Feb. 8, 1997
10

AFFIDAVIT OF SERVICE by defendants of answer [9-1] (KERR) (Entered: 02/11/1997)

Feb. 8, 1997
11

NOTICE by plaintiff's cnsl, David Fathi, of change of address (cc: Nealann) (KERR) (Entered: 02/18/1997)

Feb. 14, 1997
12

STIPULATION and ORDER by Judge Carolyn R. Dimmick : permitting filing of first amended complaint (cc: counsel, Judge) (RS) (Entered: 04/03/1997)

April 2, 1997
13

FIRST AMENDED COMPLAINT [1-1] by plaintiff; terminating Chase Riveland; adding Joseph Lehman (RS) (Entered: 04/03/1997)

April 2, 1997
14

AFFIDAVIT OF SERVICE by plaintiff of amended complaint [13-1] (RS) (Entered: 04/03/1997)

April 2, 1997
15

JOINT STATUS REPORT filed by all parties. Est. Trial Days: 5 days; Discovery completed 9/30/97 per pltf and 7/30/97 per dfts; 39.1 mediation after completion of discovery. (dktclk) (Entered: 04/21/1997)

April 18, 1997
16

AFFIDAVIT OF SERVICE by plaintiff of joint status report [15-1] (dktclk) (Entered: 04/21/1997)

April 18, 1997
17

ANSWER to first amended complaint [13-1] by defendants (dktclk) (Entered: 04/21/1997)

April 19, 1997
18

AFFIDAVIT OF SERVICE by defendants of answer [17-1] (dktclk) (Entered: 04/21/1997)

April 19, 1997
19

PRE-TRIAL SCHEDULING ORDER SETTING TRIAL DATE & RELATED DATES PURSUANT TO LR 16 by Judge Carolyn R. Dimmick ; Discovery cutoff 11/10/97, calendared by 10/31/97 Dispositive motion filing deadline 11/20/97, calendared by 12/12/97 Pretrial order to be submitted by 2/9/98 Trial set for 3/2/98 Trial briefs to be submitted by 39.1 designation cnsl to proceed to mediation pursuant to LR39.1 upon completion of discovery, i.e., 11/10/97 (cc: counsel, Judge) (KERR) (Entered: 05/05/1997)

May 2, 1997
20

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Francis Linder on 7/28/97 (KERR) (Entered: 08/01/1997)

Aug. 1, 1997
21

MINUTE ORDER: by Judge Carolyn R. Dimmick Case reassigned to Judge Barbara J. Rothstein as a related action to C92-1596R. All future docs filed in this action must have the cause number changed to read C96-1985R (cc: counsel, CRD, BJR, LT, Intake) (KERR) (Entered: 08/01/1997)

Aug. 1, 1997
23

AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA of Steve Rawlings on 8/1/97 (KERR) (Entered: 08/05/1997)

Aug. 5, 1997
24

MINUTE ORDER: by Judge Barbara J. Rothstein granting pltfs' motion to consolidate C96-1985R with C92-1596R. All future pleadings shall bear cause no C92-1596R (cc: counsel, Judge, ET) (RS) (Entered: 08/29/1997)

Aug. 28, 1997

State / Territory: Washington

Case Type(s):

Prison Conditions

Disability Rights/Public Accommodations

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: Oct. 13, 1992

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All inmates incarcerated in Washington State Department of Corrections (DOC) facilities now or in the future who are deaf or whose hearing impairment substantially limits a major life activity.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Washington Department of Corrections, State

Defendant Type(s):

Corrections

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

State law

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

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

Amount Defendant Pays: 150,000

Order Duration: 1998 - 2002

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Monitoring

Issues

General:

Classification / placement

Communication skills

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Hearing impairment

Type of Facility:

Government-run