Case: Turay v. Seling

2:91-cv-00664 | U.S. District Court for the Western District of Washington

Filed Date: May 14, 1991

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On May 14, 1991, an inmate at the Washington Special Commitment Center (SCC) at McNeil Island, Washington, filed a pro se lawsuit under 42 U.S.C. § 1983 against the Washington State Department of Corrections in the U.S. District Court for the Western District of Washington. SCC was a treatment center for sexually violent criminals, and the plaintiff alleged that his constitutional rights had been violated by various conditions of his confinement, including inadequate mental health treatment.On…

On May 14, 1991, an inmate at the Washington Special Commitment Center (SCC) at McNeil Island, Washington, filed a pro se lawsuit under 42 U.S.C. § 1983 against the Washington State Department of Corrections in the U.S. District Court for the Western District of Washington. SCC was a treatment center for sexually violent criminals, and the plaintiff alleged that his constitutional rights had been violated by various conditions of his confinement, including inadequate mental health treatment.

On March 28, 1994, the jury decided in favor of the defendants on all but one of the plaintiff's claims. The jury found that the defendants had failed to provide the plaintiff with constitutionally adequate mental health treatment. The U.S. District Court for the Western District of Washington (Judge William L. Dwyer) appointed Janice K. Marques to be Special Master and issued an injunction requiring the defendants to bring the SCC treatment program into compliance with constitutional standards. By October 15, 1996, the district court (Judge Dwyer) had permitted ten other male SCC inmates to intervene as plaintiffs for the limited purpose of participating in the administration and enforcement of the injunction. In doing this, the court consolidated the following cases with this action: Sharp v. Weston, Pedersen v. Hill, Hall v. Quasim, and Petersen v. Dehmer.

On February 15, 1996, and January 3, 1997, the plaintiffs asked the district court to hold the defendants in contempt for failure to comply with the court's order. The defendants replied by asking the court to dissolve the injunction. On February 5, 1997, the district court (Judge Dwyer) denied both motions. The court concluded that progress had been made, but that more remained to be done before full compliance was achieved.

On May 2, 1997, the district court noted that Laura McCollum had recently been committed to SCC as the facility's first female inmate, and granted her leave to intervene in the lawsuit. McCollum asked the court to enforce the injunction with regard to her by placing her in a treatment facility where she would not be the sole female resident, where she would not be housed with males, and where her treatment plan would not require her to participate in therapy with male sex offenders. On June 10, 1997, the district court (Judge Dwyer) granted her motion and ordered the defendants move her to a facility with the aforementioned specifications. The defendants appealed that order.

On October 20, 1998, the U.S. Court of Appeals for the Ninth Circuit (Judge William W. Schwarzer) reversed the district court's decision to allow McCollum to intervene in the case, determining that she was not sufficiently similarly situated to the male plaintiffs to allow her to intervene. Cunningham v. David Special Commitment Center, 158 F.3d 1035 (9th Cir. 1998).

On November 15, 1999, the district court (Judge Dwyer) held the defendants in contempt of court for failure to take all reasonable steps within their power to comply with the 1994 injunction. As a sanction, the court ordered the defendants to pay into the registry of the court $50 per day per resident, beginning on May 1, 2000, unless the court determined that injunction compliance was complete or substantially complete before that day. The court later moved that date to May 8, 2000.

On May 5, 2000, the district court (Judge Dwyer) held that, despite having made progress, the defendants continued to provide constitutionally inadequate mental health treatment to the plaintiffs. The court denied the defendants' motion to dismiss the injunction, and partially granted the plaintiff's motion for contempt sanctions. In light of the progress that had been made, the court modified the contempt order, ruling that the monetary sanctions would accrue as previously determined, but that the court would not order those sanctions to be payable unless the defendants ceased to comply with the court's orders. Turay v. Seling, 108 F. Supp. 2d 1148 (W.D. Wash. 2000). The defendants appealed. On November 30, 2000, the Ninth Circuit (Judge Michael Daly Hawkins) affirmed the district court's decision. Sharp v. Weston, 233 F.3d 1166 (9th Cir. 2000).

The defendants again asked the district court to dissolve the injunction. On December 20, 2000, the district court (Judge Dwyer) found that the defendants were still not in compliance with the injunction and denied the defendants' request. The defendants appealed. On June 27, 2001, the Ninth Circuit (Judge James Robert Browning, Judge John Clifford Wallace, and Judge Thomas G. Nelson) dismissed the appeal, finding that they did not have jurisdiction over it. Turay v. Anderson, 12 F. App'x 618 (9th Cir. 2001).

On September 20, 2001, the district court (Judge Dwyer) accepted the resignation of Special Master Janice K. Marques. On January 18, 2002, the case was reassigned to Judge Barbara J. Rothstein due to Judge Dwyer's declining health. On July 6, 2004, the case was reassigned to Judge Ricardo Martinez. The court continued to hold annual compliance hearings and review status reports through March 2007. On March 23, 2007, the district court (Judge Ricardo S Martinez) granted the defendants' motion to dissolve the injunction in its entirety, and dismissed the case. Turay v. Richards, No. C91-0664RSM, 2007 WL 983132 (W.D. Wash. Mar. 23, 2007).

On January 29, 2009, the United States Court of Appeals for the Ninth Circuit affirmed the dissolution of the injunction. The court held that, despite "discouraging trends" in the facility's treatment program, the district court did not abuse its discretion in refusing to reinstate injunctive relief or in vacating the remaining condition of the consent decree, as the present conditions comported with acceptable professional standards. Turay v. Richards, No. 07-35309, 2009 WL 229838 (9th Cir. Jan. 29, 2009), cert. denied, 558 U.S. 826 (2009).

Summary Authors

Kristen Sagar (6/13/2006)

Dan Whitman (3/6/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4673474/parties/richard-turay-v-henry-richards-phd/


Judge(s)

Browning, James Robert (California)

Brunetti, Melvin T. (Nevada)

Dwyer, William Lee (Washington)

Hawkins, Michael Daly (Arizona)

Lasnik, Robert S. (Washington)

Martinez, Ricardo S. (Washington)

Nelson, Thomas G. (Idaho)

Rawlinson, Johnnie B. (Nevada)

Schwarzer, William W (California)

Wallace, John Clifford (California)

Judge(s)

Browning, James Robert (California)

Brunetti, Melvin T. (Nevada)

Dwyer, William Lee (Washington)

Hawkins, Michael Daly (Arizona)

Lasnik, Robert S. (Washington)

Martinez, Ricardo S. (Washington)

Nelson, Thomas G. (Idaho)

Rawlinson, Johnnie B. (Nevada)

Schwarzer, William W (California)

Wallace, John Clifford (California)

Attorneys(s) for Plaintiff

Begay, Paul (Washington)

Donaghe, Sam (Washington)

Jones, Karen F. (Washington)

Luna, Felix (Washington)

Lundahl, Donald Boyette (Washington)

Moughon, Caitlin J. (Washington)

Phillips, John Wentworth (Washington)

Rath, Lori K. (Washington)

Turay, Richard G. (Washington)

Attorneys(s) for Defendant

Anderson, Pamela H. (Washington)

Barron, Jillian (Washington)

Canova, Gregory P. (Washington)

Capps, Janet Leigh (Washington)

Coats, Sarah (Washington)

Croft, Allison Margaret (Washington)

Croll, Stephanie E. (Washington)

Eldred, David J. (Washington)

Golan, Alex (Washington)

Gregoire, Christine O. (Washington)

Hamilton, Donna J. (Washington)

Hendricks, Catherine (Washington)

Isaki, Lucy (Washington)

Kuffel, Thomas William (Washington)

Lackie, Hugh T. (Washington)

Lang, Timothy Norman (Washington)

Marshall, Ronald S. (Washington)

Meyer, Jennifer Smith (Washington)

Perry, Mary Farver (Washington)

Pheasant, Joann L. (Washington)

Ryan, Terrence James (Washington)

Smith, Jennifer L. (Washington)

Stanhope, Allison Margaret (Washington)

Tanner, Terry E. (Washington)

Vanscoy, Douglas W. (Washington)

Washington, Christopher A. (Washington)

Wyckoff, Martin E. (Washington)

Other Attorney(s)

Cross, John L. (Washington)

Mandel, Judith M. (Washington)

Opgenorth, Mary (Washington)

Rarick, Penny (Washington)

Reimer, Joel S. (Washington)

Younker, Rodney B. (Washington)

Documents in the Clearinghouse

Document

Docket (PACER)

Sharp v. Riveland

July 31, 2000 Docket

Docket

Turay v. Weston

Aug. 19, 2003 Docket

Docket (PACER)

Pedersen v. Hill

Aug. 19, 2003 Docket

Docket (PACER)

Petersen v. Soliz

Aug. 19, 2003 Docket

Docket (PACER)

Hall v. Soliz

Aug. 19, 2003 Docket

Docket (PACER)

Turay v. Henry Richards, Ph.D.

April 18, 2007 Docket

Docket

Turay v. Richards

Nov. 17, 2014 Docket

Reported Opinion

Cunningham v. David Special Commitment Center

U. S. Court of Appeals for the Ninth Circuit

158 F.3d 1035

Oct. 20, 1998 Order/Opinion
1099

Stipulation and order re Sharp Plaintiff's Entitlement to Additional Attorneys' fees

April 12, 1999 Order/Opinion
1249

Findings of fact, conclusions of law and order re motions heard Oct. 19-21, 1999

Nov. 15, 1999 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4673474/richard-turay-v-henry-richards-phd/

Last updated May 19, 2022, 11:50 p.m.

ECF Number Description Date Link

PROPOSED PRISONER CIVIL RIGHTS COMPLAINT; IFP applications (dktclk) (Entered: 02/15/1994)

Feb. 9, 1994
2018

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER REGARDING OCTOBER 21, 2004 HEARING. The next injunction compliance hearing shall be set for 9:30 a.m. on Friday, October 21, 2005. The subject of the hearing shall be the status ofthe SCTF and LRA pr otocol. Pre-hearing memoranda shall be filed on or before October 12, 2005. A pre-hearing conference may be scheduled at the request of the parties. To prevent confusion that has arisen from the filing of some motions is only one of the two cases, Th e Court now consolidates the two remaining cases into one, using the lower case number of C91-664RSM. The caption shall be amended to reflect the current Superintendent of the SCC and accordingly shall read Richard Turay et al vs. Henry Richards PH D et al. Only this case number should appear on future filings by Judge Ricardo Martinez. (MD, )

April 14, 2005 RECAP

ENT-IFP deficiencies for plaintiffs Campbell, Turay, Aqui and Beard; must be corrected by 3/16/94 (dktclk) (Entered: 02/15/1994)

Feb. 15, 1994
2030

ORDER denying 2021 Motion for site visit by pro se plaintiffs' by Judge Ricardo S Martinez.(MD )

Oct. 11, 2005 RECAP

ENT-correction to deficiency received from Curtis Beard (dktclk) (Entered: 02/18/1994)

Feb. 17, 1994
2041

ORDER denying Mr Young's motions to intervene as amicus curiae 2036 Motion to Intervene and 2039 Motion to Intervene by Judge Ricardo S Martinez.(MD, (copy to Mr. Young, pro se pltfs and all cnsl of record))

Dec. 6, 2005 RECAP
2044

ORDER RE: ANNUAL COMPLIANCE HEARING ON JANUARY 13, 2006. by Judge Ricardo S Martinez. (MD, )

Dec. 20, 2005 RECAP

ENT-correction to deficiency received from Richard Turay (dktclk) (Entered: 02/18/1994)

Feb. 17, 1994
2052

ORDER denying 2051 Motion to implement new intervening law by Judge Ricardo S Martinez.(MD) (copies to Mr. Pedersen, Mr Young, pro se plaintiffs, all cnsl of record

Jan. 18, 2006 RECAP

ENT-correction to IFP deficiency received from J. Aqui (dktclk) (Entered: 02/22/1994)

Feb. 19, 1994

ENT-correction to IFP deficiency received from E. Campbell (dktclk) (Entered: 02/22/1994)

Feb. 19, 1994
2057

ORDER ACCEPTING PROPOSED BRIEFING SCHEDULE RE: Evidentiary hearing on the issue of "backsliding" by Judge Ricardo S Martinez. (MD, )

Feb. 7, 2006 RECAP
2058

ORDER denying 2055 Motion appointment of Experts signed by Judge Ricardo S Martinez.(CM )

Feb. 13, 2006 RECAP

PROPOSED Affidavit of Randy Pedersen, Elmer Campbell and Richard Turay (dktclk) (Entered: 02/23/1994)

Feb. 23, 1994
2120

ORDER granting 2047 Defendants' Motion to dissolve injunction in its entirety, and this case is now CLOSED by Judge Ricardo S Martinez.(MD, copies to cnsl and pro se plaintiffs )

March 23, 2007 RECAP
1

ORDER by Judge Thomas S. Zilly DENYING Andre B. Young's Application to Proceed IFP; returned IFP application to pltf Young (cc: pltf Young, TSZ, PKS) (dktclk) (Entered: 03/14/1994)

March 11, 1994
2

ORDERS by Magistrate Judge John L. Weinberg GRANTING IFP applications for pltfs Randy Pedersen,Gilbert Soliz, Joseph Aqui, Curtis Beard, Richard Turay and Elmer Campbell (cc: all counsel, individually) (dktclk) (Entered: 03/15/1994)

March 15, 1994
4

EXHIBITS A-C (Affidavit of Randy Pedersen, Elmer Campbell, Richard Turay) (dktclk) (Entered: 03/15/1994)

March 15, 1994
5

ORDER by Judge Thomas S. Zilly of reference to Magistrate Judge David E. Wilson (cc: all counsel, DEW, TSZ) (dktclk) (Entered: 03/16/1994)

March 16, 1994
8

PRAECIPE: by plaintiff Randy Pedersen to attached exhibits D,E,F & G to the complaint (cc to DEW) (dktclk) (Entered: 03/29/1994)

March 22, 1994
6

ORDER by Judge Thomas S. Zilly dismissing plaintiff Andre B. Young from case for failure to pay filing fee (cc: all counsel, DEW, TSZ) (dktclk) (Entered: 03/23/1994)

March 23, 1994
7

ORDER Dismissing Complaint with Leave to Amend by Judge Thomas S. Zilly ; must file an amended complaint w/in 30 days of the date of this order (cc: all counsel, DEW, TSZ) (dktclk) (Entered: 03/23/1994)

March 23, 1994
9

MINUTE ORDER: by Magistrate Judge David E. Wilson. Ct received exhibits on 3/22/94; these documents will not be considered until after the Ct receives proof that exhibits have been served on cnsl for Dfts. (cc: all counsel) (dktclk) (Entered: 04/01/1994)

April 1, 1994
10

AMENDED PRISONER CIVIL RIGHTS CLASS ACTION COMPLAINT (dktclk) (Entered: 04/11/1994)

April 1, 1994
11

ORDER by Magistrate Judge David E. Wilson Directing Service by First Class Mail and Procedures; served dfts and King Cty Pros. on 4/11/94; General Order sent (cc: all counsel, dfts, King Cty Pros., TSZ, DEW) (dktclk) (Entered: 04/11/1994)

April 4, 1994
12

AFFIDAVIT OF SERVICE by plaintiff Randy Pedersen of amended complaint [10-1] (dktclk) (Entered: 04/11/1994)

April 8, 1994

ENT- returned mail; service package addressed to dft Tim Hill returned and marked as "no longer here"; cc: DEW (dktclk) (Entered: 04/19/1994)

April 14, 1994
13

ATTORNEY APPEARANCE for defendant Tim Hill, defendant Gary Lock, defendant Art Wallenstein, defendant John Doe by Mary Farver Perry, Thomas W Kuffel (dktclk) (Entered: 04/27/1994)

April 27, 1994
14

AFFIDAVIT OF SERVICE by defendant Tim Hill, defendant Gary Lock of attorney appearance [13-1] (dktclk) (Entered: 04/27/1994)

April 27, 1994
20

WAIVER OF SERVICE of summons upon defendant Gary Lock, defendant Art Wallenstein mailed on 4/11/94 (dktclk) (Entered: 05/24/1994)

May 18, 1994
15

MOTION by plaintiff Randy Pedersen for leave to add Dfts noted for 6/10/94 (dktclk) (Entered: 05/19/1994)

May 19, 1994
16

MEMORANDUM by plaintiff Randy Pedersen in support of motion for leave to add Dfts [15-1] (dktclk) (Entered: 05/19/1994)

May 19, 1994
17

MOTION by plaintiff Randy Pedersen for leave to include exhibits H,I,J,K,L into discovery noted for 6/10/94 (dktclk) (Entered: 05/19/1994)

May 19, 1994
18

MEMORANDUM by plaintiff Randy Pedersen in support of motion for leave to include exhibits H,I,J,K,L into discovery [17-1] (dktclk) (Entered: 05/19/1994)

May 19, 1994
19

AFFIDAVIT OF SERVICE by plaintiff Randy Pedersen of motion for leave to add Dfts [15-1] etc (dktclk) (Entered: 05/19/1994)

May 19, 1994
21

MOTION by plaintiff Randy Pedersen, plaintiff Elmer Campbellet al for appointment of counsel noted for 6/17/94 (dktclk) (Entered: 05/25/1994)

May 25, 1994
22

MEMORANDUM by plaintiff Randy Pedersen, plaintiff Elmer Campbell et al in support of motion for appointment of counsel [21-1] (dktclk) (Entered: 05/25/1994)

May 25, 1994
23

AFFIDAVIT OF SERVICE by plaintiff Randy Pedersen, plaintiff Elmer Campbell et al of motion for appointment of counsel [21-1] (dktclk) (Entered: 05/25/1994)

May 25, 1994
24

ATTORNEY APPEARANCE for defendant Tim Hill, defendant Gary Lock, defendant Art Wallenstein, defendant John Doe by Thomas W Kuffel (dktclk) (Entered: 06/01/1994)

May 26, 1994
25

AFFIDAVIT OF SERVICE by defendant Gary Lock, defendant Art Wallenstein et al of attorney appearance [24-1] (dktclk) (Entered: 06/01/1994)

May 26, 1994
26

ORDER by Magistrate Judge David E. Wilson DENYING Pla's motion for appointment of counsel [21-1] (cc: all counsel, DEW, TSZ) (dktclk) (Entered: 06/01/1994)

May 31, 1994
27

ANSWER to amended complaint [10-1] by defendant Tim Hill, defendant Gary Lock, defendant Art Wallenstein, defendant John Doe (dktclk) (Entered: 06/09/1994)

June 6, 1994
28

NOTICE by defendant Tim Hill, defendant Gary Lock, defendant Art Wallenstein, defendant John Doe of ASSOCIATION OF ATTORNEY of Thomas W. Kuffel with Mary F. Perry (dktclk) (Entered: 06/09/1994)

June 6, 1994
29

RESPONSE by defendants to motion for leave to include exhibits H-L into discovery [17-1], and motion for leave to add Dfts [15-1] (dktclk) (Entered: 06/09/1994)

June 6, 1994
30

AFFIDAVIT OF SERVICE by defendants of motion response [29-1] (dktclk) (Entered: 06/09/1994)

June 6, 1994
31

ORDER RE: PRETRIAL PREPARATIONS by Magistrate Judge David E. Wilson. Discovery ddl set for 9/22/94; Mtn filing ddl set for 10/21/94 Pla's pretrial statement due 12/21/94. Dft's pretrial statement due 1/21/95 (cc: all counsel) (dktclk) (Entered: 06/23/1994)

June 23, 1994
33

MOTION by defendant Tim Hill, defendant Gary Lock et al for summary judgment noted for 11/18/94 (dktclk) (Entered: 10/24/1994)

Oct. 21, 1994
34

MEMORANDUM by defendant Tim Hill, defendant Gary Lock et al in support of motion for summary judgment [33-1] (dktclk) (Entered: 10/24/1994)

Oct. 21, 1994
35

DECLARATION of Thomas W Kuffel re motion for summary judgment [33-1] (dktclk) (Entered: 10/24/1994)

Oct. 21, 1994

LODGED ORDER: re: motion for summary judgment [33-1] (dktclk) (Entered: 10/24/1994)

Oct. 21, 1994
36

AFFIDAVIT OF SERVICE by defendant Tim Hill, defendant Gary Lock of motion for summary judgment [33-1] etc (dktclk) (Entered: 10/24/1994)

Oct. 21, 1994
37

MOTION by plaintiff Randy Pedersen for reconsideration on Plas mtn for appointment of cnsl noted for 10/28/94 (dktclk) (Entered: 10/24/1994)

Oct. 22, 1994
38

MEMORANDUM by plaintiff Randy Pedersen in support of motion for reconsideration on Plas mtn for appointment of cnsl [37-1] (dktclk) (Entered: 10/24/1994)

Oct. 22, 1994
39

AFFIDAVIT of Joel S Reimer in support of motion for reconsideration on Plas mtn for appointment of cnsl [37-1] (dktclk) (Entered: 10/24/1994)

Oct. 22, 1994
40

AFFIDAVIT of Randy Pedersen in support of motion for reconsideration on Plas mtn for appointment of cnsl [37-1] (dktclk) (Entered: 10/24/1994)

Oct. 22, 1994
41

ORDER by Magistrate Judge David E. Wilson DENYING Pla's motion for reconsideration on Plas mtn for appointment of cnsl [37-1] (cc: counsel, Judge, DEW) (dktclk) (Entered: 11/03/1994)

Nov. 3, 1994
42

ORDER TO SHOW CAUSE by Magistrate Judge David E. Wilson. Clerk is directed to RENOTE Dfts' sum jgm mtn to 1/27/95. Plas must file a response by 1/13/95; reply due 1/20/95. (cc: counsel, Judge) (dktclk) (Entered: 01/03/1995)

Jan. 3, 1995
43

MOTION by plaintiff Elmer Campbell, plaintiff Curtis Beard to dismiss the following Plas without prejudice: Elmer Campbell, Curtis Beard & Joseph Aqui (dktclk) (Entered: 01/17/1995)

Jan. 11, 1995
44

AFFIDAVIT OF SERVICE by plaintiff Joseph Aqui et al of motion to dismiss the following Plas without prejudice: Elmer Campbell, Curtis Beard & Joseph Aqui [43-1] (dktclk) (Entered: 01/17/1995)

Jan. 11, 1995
46

RESPONSE(Afdt of Randy Pedersen) by plaintiff Randy Pedersen to show cause order [42] (dktclk) (Entered: 01/17/1995)

Jan. 11, 1995
47

RESPONSE in OPPOSITION by plaintiff Randy Pedersen to motion for summary judgment [33-1] (dktclk) (Entered: 01/17/1995)

Jan. 11, 1995
48

AFFIDAVIT of Randy Pederson re: motion response re: mtn for sum jgm [47-1] (dktclk) (Entered: 01/17/1995)

Jan. 11, 1995
49

AFFIDAVIT OF SERVICE by plaintiff Randy Pedersen of response to show cause order [46-1] etc (dktclk) (Entered: 01/17/1995)

Jan. 11, 1995
50

MOTION by plaintiff Randy Pedersen to certify class action noted for 1/27/95 (dktclk) (Entered: 01/17/1995)

Jan. 12, 1995
51

MEMORANDUM by plaintiff Randy Pedersen in support of motion to certify class action [50-1] (dktclk) (Entered: 01/17/1995)

Jan. 12, 1995
52

REPLY BRIEF by defendant Tim Hill, defendant Gary Lock et al re:motion for summary judgment [33-1] (dktclk) (Entered: 01/24/1995)

Jan. 20, 1995
53

AFFIDAVIT OF SERVICE by defendant Tim Hill, defendant Gary Lock et al of motion reply re: dismissing case [52-1] (dktclk) (Entered: 01/24/1995)

Jan. 20, 1995
54

MINUTE ORDER: by Magistrate Judge David E. Wilson. Dfts' mtn for sum jgm & Plas' mtn to dismiss certain Plas from this action are both noted for 1/27/95. Plas' mtn for class certification is renoted to 2/24/95. (cc: counsel, Judge) (dktclk) (Entered: 01/25/1995)

Jan. 24, 1995
55

SUPPLEMENTAL AFFIDAVIT OF SERVICE by defendant re reply brief (RS) Modified on 01/26/1995 (Entered: 01/26/1995)

Jan. 25, 1995
56

RESPONSE by defendant Tim Hill, defendant Gary Lock et al to motion to certify class action [50-1] (dktclk) (Entered: 02/24/1995)

Feb. 17, 1995
57

AFFIDAVIT OF SERVICE by defendant Tim Hill, defendant Gary Lock of motion response re: mtn for class certification [56-1] (dktclk) (Entered: 02/24/1995)

Feb. 17, 1995
58

REPLY by plaintiff Randy Pedersen TO RESPONSE to motion to certify class action [50-1] (dktclk) (Entered: 02/27/1995)

Feb. 23, 1995
59

AFFIDAVIT of Randy Pedersen re: motion reply re: mtn for class certification [58-1] (dktclk) (Entered: 02/27/1995)

Feb. 23, 1995
60

Report and Recommendation regarding motion to certify class action [50- 1], motion to dismiss the following Plas without prejudice: Elmer Campbell, Curtis Beard & Joseph Aqui [43-1], motion for summary judgment [33-1] by Magistrate Judge David E. Wilson noted for 4/14/95 (cc: counsel, Judge) (dktclk) (Entered: 03/28/1995)

March 27, 1995
61

Objections to Report and Recommendation AND MTN to amend complaint by plaintiff Randy Pedersen noted for 4/28/95 (dktclk) (Entered: 04/06/1995)

April 6, 1995
62

AFFIDAVIT OF SERVICE by plaintiff Randy Pedersen of Objections to Report and Recommendation AND MTN to amend complaint [61-1] (dktclk) (Entered: 04/06/1995)

April 6, 1995
63

Response to Report and Recommendation by defendant Tim Hill, defendant Gary Lock et al noted for 4/28/95 (dktclk) (Entered: 04/12/1995)

April 10, 1995
64

AFFIDAVIT OF SERVICE by defendant Tim Hill, defendant Gary Lock of Response to Report and Recommendation [63-1] (dktclk) (Entered: 04/12/1995)

April 10, 1995
65

RESPONSE to Dfts' response to report and recommendation by plaintiff Randy Pedersen regarding motion to certify action [50-1], motion to dismiss the following Plas without prejudice: Elmer Campbell, Curtis Beard & Joseph Aqui [43-1], motion for summary judgment [33-1] [60- 1] (dktclk) (Entered: 05/15/1995)

May 12, 1995
66

MEMORANDUM (STMT OF ADD'L AUTHORITY) by defendants in support of objection motion to Report and Recommendation [63-1] etc. (dktclk) (Entered: 06/02/1995)

June 1, 1995
67

AFFIDAVIT OF MAILING by defendants of memorandum [66-1] (dktclk) (Entered: 06/02/1995)

June 1, 1995
68

RESPONSE by plaintiff Randy Pedersen to Dfts statement of additional authority (dktclk) (Entered: 06/08/1995)

June 7, 1995
69

ORDER by Judge Thomas S. Zilly. Ct ADOPTS the R & R & RECOMMITS the matter to Magistrate Judge Wilson. The Ct GRANTS Plas' mtn for class certification. Cnsl should be appointed to represent the Pla class after further investigation. Ct ADOPTS the section of the R & R addressing Plas' 8th amendment claims. Ct DISMISSES Plas' 8th amendment claims. Ct STRIKES w/out prejudice the mtn to w/draw brought by Plas Elmer Campbell, Curtis Beard aka Tony Wilson & Joseph Aqui. Ct STRIKES Plas' mtn to amend their complaint to add certain state officials. REFER TO ORDER FOR FURTHER DETAILS. (cc: counsel, Judge, DEW) (dktclk) (Entered: 06/28/1995)

June 28, 1995
70

ORDER by Judge Thomas S. Zilly. Ct VACATES the order of reference in this action & TRANSFERS the case to the Honorable Barbara J Rothstein as RELATED to Cause No C94-121R. All future filings in this matter shall bear the cause number C94-211R. (cc: counsel, Judge, C.C., BJR, DEW, D.C.) (dktclk) (Entered: 07/10/1995)

July 10, 1995
72

MINUTE ORDER: by Judge William L. Dwyer a status and scheduling conference in all Special Commitment Center cases assigned to WLD set for 10:00 a.m. on 11/6/95. Cnsl for all parties are directed to attend. (cc: counsel, Judge, Eileen) (MD) (Entered: 10/10/1995)

Oct. 6, 1995
73

ORDER by Judge William L. Dwyer - First Case Management Order. Case is consolidated in part only to C91-664WD as to Injunctive relief. All documents to be filed in C91-664WD re: injunctive relief. Defts' motion to decertify the class will be due on 11/16/95, and noted for 12/1/95, with briefing to be completed according to the local rules. Discovery and other proceedings relating solely to damages in C94- 211WD are stayed pending appellate review of Judge Coughenour recent order holding the sesual predator statute unconstitutional. (See Order for Further Details) (cc: counsel, Judge, JLW) (MD) (Entered: 11/09/1995)

Nov. 9, 1995
74

SUBSTITUTION OF COUNSEL on behalf of Tim Hill, Gary Lock, Art Wallenstein, John Doe substituting atty Alex Golan for withdrawing attorney Mary Farver Perry (RS) (Entered: 12/07/1995)

Dec. 6, 1995
75

AFFIDAVIT OF SERVICE by defendant of attorney substitution [74-1] (RS) (Entered: 12/07/1995)

Dec. 6, 1995
76

ORDER by Judge William L. Dwyer: paragraph 1 of the First Cas Mgmt Order, consolidating C94-121WD and C94-211WD with C91-664WD is vacated; cnsl in the two 1994 cases may participate as amici curiae in any remaining proceedings in C91-664WD; summary jgm motions re injunctive relief should by filed by 2/1/96; responses due 2/19/96 and replies due 2/22/96; the noting date will be 2/23/96; the 1994 cases are consolidated for all further proceedings; scheduling order to follow (cc: counsel, Judge, JLW, Special Master, E. Scollard) (RS) (Entered: 12/14/1995)

Dec. 13, 1995
77

NTC OF WITHDRAWAL / SUBSTITUTION OF COUNSEL on behalf of King County dfts: attorney Alex Golan replaced by attorney David J. Eldred (dktclk) (Entered: 03/10/1997)

March 7, 1997
78

AFFIDAVIT OF SERVICE by King Cty defendants of attorney ntc [77- 1] (dktclk) (Entered: 03/10/1997)

March 7, 1997
79

ORDER by Judge William L. Dwyer consolidating cases setting trial schedule. All documents to be filed in C94-121WD. See C94-121WD for Scheduling Order (cc: counsel, Judge, JLW) (MD) (Entered: 11/25/1997)

Nov. 24, 1997
80

SUBSTITUTION OF COUNSEL on behalf of John Doe in 2:94-cv- 00211, Art Wallenstein in 2:94-cv-00211, Gary Lock in 2:94-cv-00211, Tim Hill in 2:94-cv-00211 Lucy Isaki terminating atty Sarah J. Coats. (CL) (Entered: 06/29/2000)

June 27, 2000
81

MINUTES OF DEPOSITION OF SPECIAL MASTER: JLW; Dep Clerk: J Nothern; CR: Pat Lessard; cnsl present; Deposition takes place (RS) (Entered: 12/07/2000)

Dec. 4, 2000
82

MANDATE (99-35015) from Circuit Court of Appeals AFFIRMING the decision of the District Court [588-1] in 2:94-cv-00121 Opinion attached (cc: all counsel) (JK) (Entered: 12/29/2000)

Dec. 29, 2000
83

COSTS taxed for plaintiff Richard G Turay in 2:94-cv-00121 in the amount of $ 1605.90 against defendant David B Weston in 2:94-cv- 00121, defendant David Weston in 2:95-cv-01111, defendant David B Weston in 2:96-cv-00415 (cc: counsel, Judge, Jgm. Book) (JK) (Entered: 12/29/2000)

Dec. 29, 2000
85

MAIL RETURNED: re: order appeal [837-1] in 2:94-cv-00121 addressed to Curtis Beard in 2:94-cv-00121 (JK) (Entered: 01/10/2001)

Jan. 9, 2001
84

ORDER (CCA 99-35015, 99-35202) Appellees' motion to transfer consideration of attorneys fees to D/C is GRANTED (JK) (Entered: 01/10/2001)

Jan. 10, 2001
86

MAIL RETURNED: re: order appeal [837-1] in 2:94-cv-00121 to Mary Farver Perry (JK) (Entered: 01/10/2001)

Jan. 10, 2001
87

TRANSCRIPT of proceedings for the following date(s): 12/5/00,12/6/00,12/7/00 (Re:Vol's I,II,III [684-1] in 2:94-cv-00121) VOLUMES LIVE IN EXPANDO 14 OF CASE C91-664 CR initials: T. Hendrix (JK) (Entered: 02/09/2001)

Feb. 1, 2001

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 14, 1991

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Sexually violent predators, civilly committed by state, challenging conditions of confinement as violative of due process

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Special Commitment Center (McNeil Island), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Order Duration: 1994 - 2007

Issues

General:

Rehabilitation

Sex offender regulation

Sexual abuse by residents/inmates

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run