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: Jan. 29, 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)

Attorney for Plaintiff

Begay, Paul (Washington)

Attorney for Defendant

Anderson, Pamela H. (Washington)

Barron, Jillian (Washington)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

2:94-cv-00121

Docket (PACER)

Sharp v. Riveland

July 31, 2000

July 31, 2000

Docket

2:91-cv-01128

Docket

Turay v. Weston

Aug. 19, 2003

Aug. 19, 2003

Docket

2:96-cv-00415

Docket (PACER)

Petersen v. Soliz

Aug. 19, 2003

Aug. 19, 2003

Docket

2:95-cv-01111

Docket (PACER)

Hall v. Soliz

Aug. 19, 2003

Aug. 19, 2003

Docket

2:94-cv-00211

Docket (PACER)

Pedersen v. Hill

Aug. 19, 2003

Aug. 19, 2003

Docket

2:91-cv-00664

Docket (PACER)

Turay v. Henry Richards, Ph.D.

April 18, 2007

April 18, 2007

Docket

2:91-cv-00664

Docket

Turay v. Richards

Nov. 17, 2014

Nov. 17, 2014

Docket

97-35494

97-35618

Reported Opinion

Cunningham v. David Special Commitment Center

U.S. Court of Appeals for the Ninth Circuit

Oct. 20, 1998

Oct. 20, 1998

Order/Opinion

158 F.3d 1035

1099

2:91-cv-00664

2:94-cv-00221

2:94-cv-00121

2:95-cv-01111

2:96-cv-00415

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

April 12, 1999

April 12, 1999

Order/Opinion
1249

2:91-cv-00664

2:94-cv-00221

2:94-cv-00121

2:95-cv-01111

2:96-cv-00415

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

Nov. 15, 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 Feb. 2, 2025, 5 a.m.

ECF Number Description Date Link Date / Link

PROPOSED Motion & Affidavit to proceed in forma pauperis (GG)

May 14, 1991

May 14, 1991

PACER

PROPOSED Prisoner Civil Rights Complaint (GG)

May 14, 1991

May 14, 1991

PACER
1

ORDE by JLW granting Motion to proceed IFP (cc: all counsel) (MD) (Entered: 05/23/1991)

May 22, 1991

May 22, 1991

PACER
2

COMPLAINT (Summons(es) not issued) Receipt # IFP (MD) (SA). (Entered: 05/23/1991)

May 22, 1991

May 22, 1991

PACER
3

ORDER by Judge William L. Dwyer Case referred to Magistrate Judge John L. Weinberg (cc: all counsel, WLD, JLW) (MD) (Entered: 05/24/1991)

May 24, 1991

May 24, 1991

PACER
4

MINUTE ORDER: by WLD Case consolidated 2:91-cv-664 with member cases 2:91-cv-665 all pleadings to be filed in C91-664WD (cc: all counsel) (MD) (Entered: 06/19/1991)

June 18, 1991

June 18, 1991

PACER
5

ORDER by JLW, directing service of process and procedures upon defts (cc: all counsel) (mailed s/c upon defts on 7/1/91) (MD) (Entered: 07/01/1991)

June 28, 1991

June 28, 1991

PACER
6

RECEIPT returned (green card) service of s/c upon Attorney General on 7/2/91 (MD) (Entered: 07/03/1991)

July 3, 1991

July 3, 1991

PACER
7

RECEIPT returned (green card) upon Norman Nelson on 7/2/91, David Westor on 7/2/91 and John Taylor-Anderson on 7/2/91 re: s/c (MD) (Entered: 07/08/1991)

July 6, 1991

July 6, 1991

PACER
8

MOTION by plaintiff Vance R Cunningham for appointment of counsel noted for 7/26/91 (MD) (Entered: 07/09/1991)

July 9, 1991

July 9, 1991

PACER
9

AFFIDAVIT of mailing regarding motion for appointment of counsel [8-1] (MD) (Entered: 07/09/1991)

July 9, 1991

July 9, 1991

PACER
10

ATTORNEY APPEARANCE for defendant David Weston, defendant John Taylor-Anderson, defendant Norm Nelson (MD) (Entered: 07/17/1991)

July 16, 1991

July 16, 1991

PACER
11

RESPONSE MEMORANDUM by defendant David Weston in 2:91-cv-00664 to motion for appointment of counsel [8-1] (dktclk) (Entered: 07/25/1991)

July 24, 1991

July 24, 1991

PACER
12

ORDER by Magistrate Judge John L. Weinberg GRANTING Plt'fs motion for appointment of counsel [8-1]. Clerk is directed to arrange for appt. of cnsl for pltf from the court's pro bono panel of attys. (cc: all counsel, WD, P.Voelker, JLW) (PM) (Entered: 08/02/1991)

July 30, 1991

July 30, 1991

PACER
14

NOTICE by defendants of change of address-attorney Gregory P. Canova (MD) (Entered: 08/08/1991)

Aug. 7, 1991

Aug. 7, 1991

PACER
13

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE on 8/6/91 of s/c upon Attorney General (MD) (Entered: 08/08/1991)

Aug. 8, 1991

Aug. 8, 1991

PACER
15

ANSWER to complaint [2-1] by defendants in 2:91-cv-00664; jury demand (dktclk) (Entered: 08/15/1991)

Aug. 14, 1991

Aug. 14, 1991

PACER
16

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant David Weston, defendant John Taylor-Anderson, defendant Norm Nelson on 8/8/91 (MD) (Entered: 08/16/1991)

Aug. 15, 1991

Aug. 15, 1991

PACER
17

CERTIFICATE of service re answer to complaint (MD) (Entered: 08/19/1991)

Aug. 16, 1991

Aug. 16, 1991

PACER
18

ORDER by JLW, appointing counsel from Pro Bono Panel for pltf-Scott Johnson-attorney (cc: all counsel, JLW, WLD) (MD) (Entered: 08/19/1991)

Aug. 19, 1991

Aug. 19, 1991

PACER
19

LETTER from plaintiff's cnsl re: unable to find substitution of counsel (MD) (Entered: 09/19/1991)

Sept. 17, 1991

Sept. 17, 1991

PACER
20

MINUTE ORDER: by JLW scheduling conference set for 9:30a.m. on 9/25/91 before JLW (cc: all counsel, JLW) (MD) (Entered: 09/24/1991)

Sept. 20, 1991

Sept. 20, 1991

PACER
21

MINUTES: JLW; Dep Clerk: Sharon Wilsco; CR: none or tape; scheduling conference held. Court allows pltf to do 90 day of discovery and then present an amended complaint no later than Jan l5, l992. Defts to respond by Jan 25, l992. Court sets date for future conference regarding status and remaining scheduling for Feb 7, l992 at 9:30 a.m. (MD) (Entered: 09/25/1991)

Sept. 25, 1991

Sept. 25, 1991

PACER

LODGED ORDER: stipulation and order for extension of time to file first amended complaint (MD)

Jan. 16, 1992

Jan. 16, 1992

PACER
22

STIPULATION and ORDER by JLW : for extension of time to file first amended complaint to January 3l, l992 (cc: all counsel, JLW) (MD) (Entered: 01/22/1992)

Jan. 21, 1992

Jan. 21, 1992

PACER
23

AMENDED COMPLAINT [2-1] by plaintiff Vance R Cunningham in 2:91-cv-00664; adding William Dehmer to case(s) 2:91-cv-00664, (MD) (Entered: 02/04/1992)

Feb. 3, 1992

Feb. 3, 1992

PACER
24

NOTICE of setting phone conference with Judge Weinberg for Friday, March 6, 1992, at 9:30 a.m. (PV) (Entered: 02/10/1992)

Feb. 10, 1992

Feb. 10, 1992

PACER

LODGED ORDER: stipulation and order for extension of time to file first amended complaint (MD)

Feb. 12, 1992

Feb. 12, 1992

PACER
25

STIPULATION and ORDER by Judge William L. Dwyer : extension of time to file first amended complaint to February 3, l992. (cc: all counsel, WLD, JLW) (MD) (Entered: 02/14/1992)

Feb. 14, 1992

Feb. 14, 1992

PACER
26

CERTIFICATE of service re: defts supplemental response to pltfs first interrogatories and requests for production of documents (MD) (Entered: 02/28/1992)

Feb. 27, 1992

Feb. 27, 1992

PACER
27

MOTION by defendant David Weston, John Taylor-Anderson, defendant Norm, defendant William Dehmer to dismiss noted for 3/20/92 (MD) (Entered: 02/28/1992)

Feb. 28, 1992

Feb. 28, 1992

PACER
28

MEMORANDUM by defendants in support of motion to dismiss [27-1] (MD) (Entered: 02/28/1992)

Feb. 28, 1992

Feb. 28, 1992

PACER
29

CERTIFICATE of service re: motion to dismiss (MD) (Entered: 02/28/1992)

Feb. 28, 1992

Feb. 28, 1992

PACER
30

LIST OF authorities by defendant in 2:91-cv-00664 in support of motion to dismiss [27-1] (dktclk) (Entered: 03/12/1992)

March 12, 1992

March 12, 1992

PACER
31

CERTIFICATE OF SERVICE by defendant in 2:91-cv-00664 served on 3/11/92 (dktclk) (Entered: 03/12/1992)

March 12, 1992

March 12, 1992

PACER
32

MEMORANDUM by plaintiff Vance R Cunningham in 2:91-cv-00664 in opposition to motion to dismiss [27-1] (dktclk) (Entered: 03/17/1992)

March 16, 1992

March 16, 1992

PACER
33

SUPPLEMENT Memorandum by defendant in 2:91-cv-00664 in support of motion to dismiss [27-1] (dktclk) (Entered: 03/20/1992)

March 19, 1992

March 19, 1992

PACER
34

CERTIFICATE OF SERVICE by defendant in 2:91-cv-00664 served on 3/19/92 (dktclk) (Entered: 03/20/1992)

March 19, 1992

March 19, 1992

PACER
35

CERTIFICATE of service re: defts answers to pltfs second interrogatories and responses to second requests for production of documents (MD) (Entered: 04/29/1992)

April 28, 1992

April 28, 1992

PACER
36

Report and Recommendation regarding motion to dismiss [27-1] by Magistrate Judge John L. Weinberg noted for 6/5/92 (cc: all counsel) (MD) (Entered: 05/11/1992)

May 11, 1992

May 11, 1992

PACER

LODGED ORDER: granting motion to dismiss (MD)

May 11, 1992

May 11, 1992

PACER

LODGED ORDER: granting motion to extend time in which to file objections to Mag R & R (MD)

May 27, 1992

May 27, 1992

PACER

PROPOSED Pltfs objections to Mag R & R (MD)

May 27, 1992

May 27, 1992

PACER
38

DECLARATION of Scott A. W. Johnson re motion to extend time in which to file objections to Mag R & R [37-1] (MD) (Entered: 05/28/1992)

May 27, 1992

May 27, 1992

PACER

PROPOSED Scott A. W. Johnson (MD)

May 27, 1992

May 27, 1992

PACER
37

MOTION by plaintiff to extend time in which to file objections to Mag R & R noted for 6/12/92 (MD) (Entered: 05/28/1992)

May 28, 1992

May 28, 1992

PACER
39

ORDER by Judge William L. Dwyer granting motion to extend time in which to file objections to Mag R & R [37-1] extended to May 27, l992 (cc: all counsel) (MD) (Entered: 06/04/1992)

June 3, 1992

June 3, 1992

PACER
40

Objections to Report and Recommendation by plaintiff Report and Recommendation regarding motion to dismiss [27-1] [36-1] noted for 6/12/92 (MD) (Entered: 06/04/1992)

June 3, 1992

June 3, 1992

PACER
41

DECLARATION of Scott A. W. Johnson re objection motion Objections to Report and Recommendation [40-1] (MD) (Entered: 06/04/1992)

June 3, 1992

June 3, 1992

PACER
42

RESPONSE by defendant to objection motion Objections to Report and Recommendation [40-1] (MD) (Entered: 06/12/1992)

June 11, 1992

June 11, 1992

PACER
43

OBJECTIONS by plaintiff to Deft's late response [42-1] (MD) (Entered: 06/12/1992)

June 11, 1992

June 11, 1992

PACER
44

CERTIFICATE of service of response to pltfs objections to Mag Judge's R & R (MD) (Entered: 06/12/1992)

June 11, 1992

June 11, 1992

PACER
45

MINUTE ORDER: by Judge William L. Dwyer, in view of the late filing of defts response to pltfs objections to the mag judge's report and recommendation, pltfs request to have until June l7, l992 to file a reply brief is granted (cc: all counsel) (MD) (Entered: 06/17/1992)

June 17, 1992

June 17, 1992

PACER
46

REPLY by plaintiff in support of objections to Mag Judge's report and recommendation [40-1] (MD) (Entered: 06/18/1992)

June 17, 1992

June 17, 1992

PACER
47

ORDER by Judge William L. Dwyer, Court declines to adopt the R & R. Defts motion to dismiss is denied but may be renewed after filing of a second amended complaint [40-1] Case referred to Magistrate Judge John L. Weinberg (cc: all counsel, WLD, JLW) (MD) (Entered: 06/29/1992)

June 29, 1992

June 29, 1992

PACER
48

ORDER by JLW discovery ddl set for 9/25/92 ; mtn filing ddl set for 11/27/92, pltf may file a second amended complaint on or before Oct 23, l992 (cc: all counsel) (MD) (Entered: 07/01/1992)

June 30, 1992

June 30, 1992

PACER
49

CERTIFICATE of service re; defts first interrogatories and requests for production (MD) (Entered: 08/20/1992)

Aug. 19, 1992

Aug. 19, 1992

PACER
50

MOTION by defendant to compel answers to interrogatories noted for 11/6/92 (MD) (Entered: 10/22/1992)

Oct. 22, 1992

Oct. 22, 1992

PACER
51

AFFIDAVIT of Terrance J. Ryan regarding motion to compel answers to interrogatories [50-1] (MD) (Entered: 10/22/1992)

Oct. 22, 1992

Oct. 22, 1992

PACER
52

CERTIFICATE of service of motion to compel (MD) (Entered: 10/22/1992)

Oct. 22, 1992

Oct. 22, 1992

PACER
53

MOTION by defendants to dismiss based on CR12(b)(6) and failure to meet scheduling order deadlines noted for 12/11/92 (MD) (Entered: 11/13/1992)

Nov. 12, 1992

Nov. 12, 1992

PACER
54

AFFIDAVIT of Terrance J. Ryan regarding motion to dismiss based on CR12(b)(6) and failure to meet scheduling order deadlines [53-1] (MD) (Entered: 11/13/1992)

Nov. 12, 1992

Nov. 12, 1992

PACER
55

CERTIFICATE of service re: motion to dismiss (MD) (Entered: 11/13/1992)

Nov. 12, 1992

Nov. 12, 1992

PACER
56

ORDER by Judge William L. Dwyer striking motion to compel answers to interrogatories [50-1], re: pending motion to dismiss (cc: all counsel) (MD) (Entered: 11/13/1992)

Nov. 13, 1992

Nov. 13, 1992

PACER
57

MEMORANDUM by plaintiff in opposition to defts motion to dismiss based on CR12(b)(6) and failure to meet scheduling order deadlines [53-1] (MD) (Entered: 12/07/1992)

Dec. 7, 1992

Dec. 7, 1992

PACER

PROPOSED second amended complaint (MD)

Dec. 7, 1992

Dec. 7, 1992

PACER
58

DECLARATION of Scott A. W. Johnson [57-1] (MD) (Entered: 12/07/1992)

Dec. 7, 1992

Dec. 7, 1992

PACER
59

RESPONSE by defendants to pltfs opposition to defts motion to dismiss based on CR12(b)(6) and failure to meet scheduling order deadlines [53-1] (MD) (Entered: 12/11/1992)

Dec. 10, 1992

Dec. 10, 1992

PACER
60

CERTIFICATE of service of response to pltfs opposition to defts motion to dismiss (MD) (Entered: 12/14/1992)

Dec. 11, 1992

Dec. 11, 1992

PACER
61

Report and Recommendation regarding motion to dismiss based on CR12(b)(6) and failure to meet scheduling order deadlines [53-1], objections due 1/27/93 by Magistrate Judge John L. Weinberg noted for 1/29/93 (cc: all counsel) (MD) (Entered: 01/07/1993)

Jan. 6, 1993

Jan. 6, 1993

PACER

LODGED ORDER: re: report & recommendation motion Report and Recommendation regarding motion to dismiss based on CR12(b)(6) and failure to meet scheduling order deadlines [53-1], objections due 1/27/93 (MD)

Jan. 6, 1993

Jan. 6, 1993

PACER
62

ORDER by Judge William L. Dwyer granting report & recommendation motion Report and Recommendation regarding motion to dismiss based on CR12(b)(6) and failure to meet scheduling order deadlines [53-1], objections due 1/27/93 [61-1]. Defts' motion to dismiss is DENIED. AND ACTION IS REMANDED TO JLW for further proceedings in accordance with the original order of reference. Clerk is directed to file pltfs second amended complaint and serve it on the 4 new defts named. (cc: all counsel, WLD, JLW) (MD) (Entered: 02/05/1993)

Feb. 4, 1993

Feb. 4, 1993

PACER
63

AMENDED COMPLAINT (second) by plaintiff Vance R Cunningham in 2:91-cv-00664; adding Joan Kirchoff, Karen Sullivan, Scott Neil, Pete Hazel, Richard Bosse to case(s) 2:91-cv-00664, (issued s/c upon new defts on 2/10/93) (MD) (Entered: 02/10/1993)

Feb. 4, 1993

Feb. 4, 1993

PACER
64

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Karen Sullivan on 2/11/93 (MD) (Entered: 02/16/1993)

Feb. 13, 1993

Feb. 13, 1993

PACER
65

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Joan Kirchoff on 2/16/93 (MD) (Entered: 02/18/1993)

Feb. 18, 1993

Feb. 18, 1993

PACER
66

NOTICE by Court to cnsl re: setting status conference before JLW on 3/17/93 at 9:30 a.m. re: discovery (C to Cnsl, JLW) (MD) (Entered: 02/26/1993)

Feb. 25, 1993

Feb. 25, 1993

PACER
67

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Scott Neil, defendant Pete Hazel on (date not stated) (MD) (Entered: 03/11/1993)

March 10, 1993

March 10, 1993

PACER
68

ORDER by Judge Weinberg; 4/30/93 pltf is directed to notify defts and the court of names of pltfs expert witnesses etc; 5/14/93 defts are directed to notify pltf and the court of the names of defts expert witnesses; 5/28/93 defts are directed to provide their witnesses report to pltf; all discovery ddl set for 6/30/93, 7/16/93 the parties are directed to participate in a settlement conference ; a status conference set for 9:30 7/21/93, before JLW (cc: all counsel, WLD, JLW) (MD) (Entered: 03/18/1993)

March 17, 1993

March 17, 1993

PACER
69

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Scott Neil (not stated), defendant Pete Hazel on (not stated) (MD) (Entered: 03/18/1993)

March 18, 1993

March 18, 1993

PACER
70

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Richard Bosse on 2/19/93 (MD) (Entered: 03/22/1993)

March 20, 1993

March 20, 1993

PACER
71

MINUTES: JLW; Dep Clerk: Janna; CR: none; Joint status conference held on 3/17/93. Court sets deadlines for expert witnesses and pltfs have until 4/30/93 to file application for fees on those experts. A Status conference is set for 7/21/93 at 9:30 a.m. Court will set trial and other related deadlines and evaluate whether additional settlement procedures are likely to be effective. (MD) (Entered: 03/23/1993)

March 22, 1993

March 22, 1993

PACER
72

DESIGNATION OF DEPOSITION TRANSCRIPT by plaintiff in 2:91-cv-00664 of expert witnesses (MD) (Entered: 04/30/1993)

April 30, 1993

April 30, 1993

PACER
73

NOTICE by defendant re: pursuant to Scheduling order (MD) (Entered: 05/13/1993)

May 12, 1993

May 12, 1993

PACER
74

AFFIDAVIT OF SERVICE by defendant of notice [73-1] served on 5/11/93 (MD) (Entered: 05/13/1993)

May 12, 1993

May 12, 1993

PACER
75

NOTICE by defendant re: designation of expert witnesses (MD) (Entered: 06/01/1993)

May 27, 1993

May 27, 1993

PACER
76

AFFIDAVIT OF SERVICE by defendant of notice [75-1] served on 5/26/93 (MD) (Entered: 06/01/1993)

May 27, 1993

May 27, 1993

PACER
77

NOTICE by defendant in 2:91-cv-00664 of taking depo of Dr. Nancy Steele on 6/28/93 at 9:00 a.m.; Pat McManus on 6/28/93 at 11:00 a.m.; Dr. Barbara K. Schwartz on 6/28/93 at 1:00 p.m. (MD) (Entered: 06/15/1993)

June 14, 1993

June 14, 1993

PACER
78

AFFIDAVIT OF SERVICE by defendant in 2:91-cv-00664 of notice deposition [77-1] served on 6/11/93 (MD) (Entered: 06/15/1993)

June 14, 1993

June 14, 1993

PACER
79

NOTICE(amended) by defendant in 2:91-cv-00664 of taking depo of Pltf on 7/1/93 at 10:00 a.m. (MD) (Entered: 06/28/1993)

June 25, 1993

June 25, 1993

PACER
80

AFFIDAVIT OF SERVICE by defendant in 2:91-cv-00664 of notice deposition [79-1] served on 6/24/93 (MD) (Entered: 06/28/1993)

June 25, 1993

June 25, 1993

PACER
81

AMENDED NOTICE by defendant in 2:91-cv-00664 of deposition on oral argument of Nancy Steele on 7/8/93 @ 9:30 (JK) (Entered: 07/02/1993)

July 1, 1993

July 1, 1993

PACER
82

AFFIDAVIT OF SERVICE by defendant in 2:91-cv-00664 of notice deposition [81-1] served on 6/30/93 (JK) (Entered: 07/02/1993)

July 1, 1993

July 1, 1993

PACER
83

ANSWER to (second amended) complaint and jury demand [63-1] by defendants in 2:91-cv-00664 (MD) (Entered: 07/19/1993)

July 16, 1993

July 16, 1993

PACER
84

AFFIDAVIT OF SERVICE by defendants in 2:91-cv-00664 of answer [83-1] served on 7/15/93 (MD) (Entered: 07/19/1993)

July 16, 1993

July 16, 1993

PACER
85

MINUTES: JLW; Dep Clerk: Janna; CR: none; Status Conference held before JLW on 7/23/93. The court will ask WLD to designate this case under 39.l for mediation. Cnsl are given a deadline of 9/30/93 to discuss the mediation with their clients and to choose a mediator. Cnsl advise the court that this case be ready for trial by 12/93. The court sets a deadline of 9/15/93 for a decision regarding possible consolidation of this case with the Turay vs. Weston Case. Dispositive motions are due by 10/14/93. PTO due 12/2/93. (MD) (Entered: 07/23/1993)

July 23, 1993

July 23, 1993

PACER
86

MINUTE ORDER: by Judge William L. Dwyer ; pretrial conf set for 1:30 11/8/93 ; trial brief ddl set for 11/18/93 ; trial set for 9:00 11/23/93 (cc: all counsel) (MD) (Entered: 07/30/1993)

July 30, 1993

July 30, 1993

PACER
87

ORDER by Judge William L. Dwyer ; 39.1 designation effective now, settlement conference of cnsl must be held not later than 8/12/93 (cc: all counsel) (MD) (Entered: 07/30/1993)

July 30, 1993

July 30, 1993

PACER
88

ORDER by Judge William L. Dwyer case consolidated 2:91-cv-664 with member cases 2:91-cv-1128. All pleadings to be filed in C91-664WD. (cc: all counsel, WLD, JLW) (MD) (Entered: 09/07/1993)

Sept. 7, 1993

Sept. 7, 1993

PACER
89

MINUTE ORDER: by Judge William L. Dwyer setting trial and related dates. Pretrial order ddl set for 12/2/93 ; pretrial conf set for 8:30 12/2/93 ; trial brief ddl set for 12/2/93 ; Voir dire/jy inst set for 12/2/93 ; jury trial set for 12/7/93 (cc: all counsel) (MD) (Entered: 09/13/1993)

Sept. 10, 1993

Sept. 10, 1993

PACER
90

ANSWER to first amended complaint [63-1] by defendant William Dehmer in 2:91-cv-00664, defendant Norm Nelson in 2:91-cv-00664, defendant John Taylor-Anderson in 2:91-cv-00664, defendant David Weston in 2:91-cv-00664, defendant Joan Kirchoff in 2:91-cv-00664, defendant Steve Wahl in 2:91-cv-00664, defendant Andre Simon in 2:91-cv-00664; jury demand (MD) (Entered: 09/13/1993)

Sept. 11, 1993

Sept. 11, 1993

PACER

Case Details

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: May 14, 1991

Closing Date: Jan. 29, 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

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1994 - 2007

Issues

General/Misc.:

Rehabilitation

Sex offender regulation

Jails, Prisons, Detention Centers, and Other Institutions:

Sexual abuse by residents/inmates

Medical/Mental Health Care:

Mental health care, general