Case: Wright v. Ducharme

2:90-cv-00396 | U.S. District Court for the Western District of Washington

Filed Date: March 19, 1990

Closed Date: 1997

Clearinghouse coding complete

Case Summary

In 1986, a consent decree was implemented in which Washington State agreed to single-bunk the prisoners of the Washington State Reformatory (WSR). The consent decree arose out of a class action lawsuit by an inmate of the WSR who complained about the prison's policy of double-bunking the inmates. In 1988, WSR renovated the prison and began double-bunking the inmates during the renovation. On March 20, 1989, the same inmate spoke out publicly against double-bunking and persuaded numerous inma…

In 1986, a consent decree was implemented in which Washington State agreed to single-bunk the prisoners of the Washington State Reformatory (WSR). The consent decree arose out of a class action lawsuit by an inmate of the WSR who complained about the prison's policy of double-bunking the inmates. In 1988, WSR renovated the prison and began double-bunking the inmates during the renovation. On March 20, 1989, the same inmate spoke out publicly against double-bunking and persuaded numerous inmates to join him in demanding the enforcement of the consent decree. The next day he was placed in administrative segregation, and on March 30, 1989, he was transferred to another State facility.

On March 19, 1990, the inmate, represented by private attorneys, filed a lawsuit under 42 U.S.C. § 1983 in the United States District Court for the Western District of Washington against the prison officials for four alleged violations: 1) the administrative segregation was retaliation for exercising his constitutional rights; 2) his transfer to another facility violated his due process rights; 3) one of the reasons for his being administratively segregated was to punish him for trying to publish a dissenting newsletter; and 4) his equal protection rights were violated when the collaborator of the newsletter was not similarly placed in administrative segregation. The Court (Judge Barbara J. Rothstein) granted summary judgment to the defendants and plaintiff appealed.

In the appeal, the United States Court of Appeals for the Ninth Circuit (Judges Thomas Tang, Alexander Kozinski, and Ferdinand Francis Fernandez) remanded plaintiff's retaliation claim against defendants for further proceedings, affirmed the lower court's holdings on the due process and equal protection claims; and reversed the court's finding of summary judgment for defendant. Wright v. Rebeiro, 988 F.2d 127 (Table), 1993 WL 51196 (9th Cir.(Wash.)). The Court also upheld the dismissal of several named defendants. Subsequently, both parties filed numerous motions, postponing the trial date several times, and on February 28, 1997, the Court granted defendants' motion to dismiss plaintiff's claims for injunctive relief and terminated the case. However, it appears from the docket that it was not until May of that year that both parties agreed to a stipulated order of dismissal. In March of 1998, the Court ordered the return of sealed documents to counsel of record.

Summary Authors

Rebecca Bloch (3/18/2006)

People


Judge(s)

Fernandez, Ferdinand Francis (California)

Kozinski, Alex (California)

Rothstein, Barbara Jacobs (Washington)

Tang, Thomas (Arizona)

Attorneys(s) for Plaintiff

Cornell, Cheri Yvonne (Washington)

Gendler, Michael W. (Washington)

Gordon, Patricia (Washington)

Newman, Claudia (Washington)

Attorneys(s) for Defendant

Judge, Daniel J. (Washington)

Nerup, Penelope (Washington)

Judge(s)

Fernandez, Ferdinand Francis (California)

Kozinski, Alex (California)

Rothstein, Barbara Jacobs (Washington)

Tang, Thomas (Arizona)

Attorneys(s) for Plaintiff

Cornell, Cheri Yvonne (Washington)

Gendler, Michael W. (Washington)

Gordon, Patricia (Washington)

Newman, Claudia (Washington)

Attorneys(s) for Defendant

Judge, Daniel J. (Washington)

Nerup, Penelope (Washington)

Wheaton, Therese M. (Washington)

Documents in the Clearinghouse

Document

Docket (PACER)

March 4, 1998 Docket

Memorandum

Wright v. Rebeiro

U. S. Court of Appeals for the Ninth Circuit

988 F.2d 127

Feb. 26, 1993 Order/Opinion

Resources

Title Description External URL

Docket

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

ECF Number Description Date Link

PROPOSED IFP, COMPLAINT & CONSENT (dktclk) (Entered: 03/21/1990)

March 19, 1990
1

ORDER by Magistrate John L. Weinberg granting application to proceed IFP (cc: all counsel) (RS) (Entered: 03/23/1990)

March 22, 1990
2

COMPLAINT (Summons(es) not issued) (RS) (Entered: 03/23/1990)

March 22, 1990
3

LETTER from Paul Wright requesting summons be served (RS) (Entered: 05/21/1990)

May 17, 1990
4

ORDER by Judge Barbara J. Rothstein of reference to Magistrate John L. Weinberg (cc: all counsel) (RS) (Entered: 05/23/1990)

May 23, 1990
5

ORDER by Magistrate John L. Weinberg directing service of process and procedures, Copies of summons and complaint to all defts' and to Washington State Attorney General's Office, response to complaint due within 45 days after service. (cc: all counsel) (dktclk) (Entered: 06/07/1990)

May 30, 1990
6

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Larry Kincheloe on 6/9/90 (RS) (Entered: 06/14/1990)

June 13, 1990
7

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Chase Riveland on 6/8/90 (RS) (Entered: 06/14/1990)

June 13, 1990
8

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Jim Evans on 6/8/90 (RS) (Entered: 06/18/1990)

June 14, 1990
9

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Kenneth Ducharme on 6/8/90 (RS) (Entered: 06/18/1990)

June 14, 1990
10

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Veronica Rebeiro on 6/12/90 (RS) (Entered: 06/18/1990)

June 14, 1990
11

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Howard Anderson on 6/8/90 (RS) (Entered: 06/18/1990)

June 14, 1990
12

ATTORNEY APPEARANCE for defendants (dktclk) (Entered: 06/25/1990)

June 22, 1990
13

AFFIDAVIT of service regarding attorney [12-1] (dktclk) (Entered: 06/25/1990)

June 22, 1990
14

MOTION by plaintiff for order to take non-stenographic telephonic depositions assigned to Magistrate John L. Weinberg noted for 7/13/90 (RS) (Entered: 06/27/1990)

June 26, 1990
15

AFFIDAVIT of service regarding motion for order to take non- stenographic telephonic depositions [14-1] (RS) (Entered: 06/27/1990)

June 26, 1990
16

RESPONSE by defendant to PLAINTIFF'S motion for order to take non- stenographic telephonic depositions [14-1] (dktclk) (Entered: 07/16/1990)

July 12, 1990
17

AFFIDAVIT of SERVICE by MAILING of dft.'s response to pltf.'s motion to take non-stenographic telephonic depositions and related documents to pltf. on 7/12/90. (dktclk) (Entered: 07/17/1990)

July 14, 1990
18

REPLY by plaintiff Paul A Wright TO RESPONSE to motion for order to take non-stenographic telephonic depositions [14-1] (dktclk) (Entered: 07/24/1990)

July 19, 1990
19

ORDER by Magistrate John L. Weinberg GRANTING pltf.'s motion for order to take non-stenographic telephonic depositions [14-1] (cc: all counsel, pltf., BJR, JLW) , (dktclk) (Entered: 07/26/1990)

July 25, 1990
20

ANSWER by defendants'; jury demand (dktclk) (Entered: 07/27/1990)

July 25, 1990
21

AFFIDAVIT of SERVICE by mailing of dft.'s answer and jury demand to pltf. on 7/24/90. (dktclk) (Entered: 07/27/1990)

July 25, 1990
23

MEMORANDUM by plaintiff Paul A Wright in support of motion for appointment of counsel [22-1] (dktclk) (Entered: 08/07/1990)

July 31, 1990
24

AFFIDAVIT of SERVICE of pltf.'s motion for appt. of cnsl. to Atty. General by mail on 7/23/90 (dktclk) (Entered: 08/07/1990)

July 31, 1990
25

ORDER by Magistrate John L. Weinberg ; discovery to be completed by 10/15/90; any pretrial motions and supporting briefs will be filed and served on or before 11/15/90 , pltf. pretrial statement shall be filed on or before 12/15/90; dft. shall file ans serve a similar statement on or before 1/15/91. (cc: all counsel, pltf.) (dktclk) (Entered: 08/17/1990)

Aug. 15, 1990
26

MOTION by plaintiff Paul A Wright to strike pretrial preparations deadline assigned to Magistrate John L. Weinberg noted for 9/14/90 (dktclk) (Entered: 08/31/1990)

Aug. 28, 1990
27

ORDER by Magistrate John L. Weinberg DENYING pltf.'s motion for appointment of counsel [22-1] (cc: all counsel, pltf., JLW ) (dktclk) (Entered: 09/10/1990)

Sept. 7, 1990
28

RESPONSE by defendant to motion to strike pretrial preparations deadline [26-1] (dktclk) (Entered: 09/14/1990)

Sept. 11, 1990
29

MOTION by defendant for protective order noted for 10/12/90 (dktclk) (Entered: 09/25/1990)

Sept. 21, 1990
30

MEMORANDUM by defendant in support of motion for protective order [29-1] (dktclk) (Entered: 09/25/1990)

Sept. 21, 1990
31

AFFIDAVIT of SERVICE by Atty. General of motion for protective order etc. on pltf. by mail 9/20/90. (dktclk) (Entered: 09/25/1990)

Sept. 21, 1990
32

MOTION by plaintiff to compel noted for 10/19/90 (RS) (Entered: 10/01/1990)

Sept. 27, 1990
33

AFFIDAVIT of service regarding motion to compel [32-1] (RS) (Entered: 10/01/1990)

Sept. 27, 1990
34

MOTION by defendants for leave to file overlength brief (memo in support of mtn for summ jgm) noted for 10/19/90 (RS) (Entered: 10/05/1990)

Oct. 4, 1990

LODGED ORDER: re: motion for leave to file overlength brief (memo in support of mtn for summ jgm) (RS) (Entered: 10/05/1990)

Oct. 4, 1990
35

MOTION by defendants for summary judgment noted for 10/26/90. Incorrectly noted-phoned cnsl (RS) (Entered: 10/05/1990)

Oct. 4, 1990

PROPOSED dfts' memo in support of mtn for summary judgment (RS) (Entered: 10/05/1990)

Oct. 4, 1990

LODGED ORDER: to shorten time (RS) (Entered: 10/05/1990)

Oct. 4, 1990
37

AFFIDAVIT of service regarding motion for leave to file overlength brief (memo in support of mtn for summ jgm) [34-1], etc (RS) (Entered: 10/05/1990)

Oct. 4, 1990
38

MOTION by plaintiff to strike dfts' summary judgment motion noted for 10/26/90. Incorrectly noted-letter sent (RS) (Entered: 10/12/1990)

Oct. 5, 1990
39

RESPONSE by plaintiff to motion to shorten time motion for leave to file overlength brief (memo in support of mtn for summ jgm) [34-1] [36-1] (RS) (Entered: 10/12/1990)

Oct. 5, 1990
40

AFFIDAVIT of service by mail regarding motion to strike dfts' summary judgment motion [38-1] (RS) (Entered: 10/12/1990)

Oct. 5, 1990
41

LETTER from atty general confirming motion for summ jgm to be noted for 10/26/90 with motion to shorten time noted for 10/8/90 (RS) (Entered: 10/15/1990)

Oct. 6, 1990
42

RESPONSE by plaintiff to motion for protective order [29-1] (RS) (Entered: 10/15/1990)

Oct. 6, 1990
43

STIPULATION of facts (RS) (Entered: 10/15/1990)

Oct. 6, 1990
44

AFFIDAVIT of service regarding stipulation [43-1] (RS) (Entered: 10/15/1990)

Oct. 6, 1990
46

MOTION by plaintiff to compel production of interrogatories noted for 11/2/90. Incorrectly noted-letter sent (RS) (Entered: 10/18/1990)

Oct. 12, 1990
47

AFFIDAVIT of service by mail regarding motion to compel production of interrogatories [46-1] (RS) (Entered: 10/18/1990)

Oct. 12, 1990
45

MINUTE ORDER: by JLW granting dft's motion to shorten time motion for leave to file overlength brief (memo in support of mtn for summ jgm) [34-1] [36-1], motion for summary judgment [35-1] noted for 10/26/90, and granting dft's motion for leave to file overlength brief (memo in support of mtn for summ jgm) [34-1] (cc: all counsel) (RS) (Entered: 10/16/1990)

Oct. 15, 1990
119

MEMORANDUM by defendants in support of motion for summary judgment [35-1] (overlength) (RS) (Entered: 08/14/1991)

Oct. 15, 1990
48

SUPPLEMENT by plaintiff re motion to strike dfts' summary judgment motion [38-1] (RS) (Entered: 10/25/1990)

Oct. 24, 1990
49

RESPONSE by defendant to motion to compel production of interrogatories [46-1] (RS) (Entered: 10/30/1990)

Oct. 25, 1990
50

RESPONSE by plaintiff to motion to compel production of interrogatories [46-1] (RS) (Entered: 11/02/1990)

Oct. 31, 1990
51

AFFIDAVIT of service regarding motion response [50-1] (RS) (Entered: 11/02/1990)

Oct. 31, 1990
52

AFFIDAVIT of Veronica Rebeiro in support of dfts' motion for summ jgm (RS) (Entered: 11/06/1990)

Nov. 1, 1990
53

AFFIDAVIT of Kenneth DuCharme regarding motion for summary judgment [35-1] (RS) (Entered: 11/06/1990)

Nov. 1, 1990
54

AFFIDAVIT of James Evans regarding motion for summary judgment [35-1] (RS) (Entered: 11/06/1990)

Nov. 1, 1990
55

AFFIDAVIT of Howard Anderson regarding motion for summary judgment [35-1] (RS) (Entered: 11/06/1990)

Nov. 1, 1990
56

AFFIDAVIT of service regarding affidavits in support of summ jgm motion [52-1] (RS) (Entered: 11/06/1990)

Nov. 1, 1990
57

SECOND RESPONSE by defendant to motion to compel production of interrogatories [46-1] (RS) (Entered: 11/06/1990)

Nov. 2, 1990
58

AFFIDAVIT of serivce regarding motion response [57-1] (RS) (Entered: 11/06/1990)

Nov. 2, 1990
59

REPLY by plaintiff to dfts' 2nd RESPONSE to motion to compel production of interrogatories [46-1] (RS) (Entered: 11/13/1990)

Nov. 7, 1990
60

AFFIDAVIT of service regarding motion reply [59-1] (RS) (Entered: 11/13/1990)

Nov. 7, 1990
61

SECOND SUPPLEMENT by plaintiff re motion to strike dfts' summary judgment motion [38-1] (RS) (Entered: 12/04/1990)

Nov. 29, 1990
62

AFFIDAVIT of service regarding supplement to motion [61-1] (RS) (Entered: 12/04/1990)

Nov. 29, 1990
63

RESPONSE by defendants to pltf's second supplement to pltf's motion to strike dfts' motion for summ jgm (RS) (Entered: 12/07/1990)

Dec. 5, 1990
64

AFFIDAVIT of Therese M. Wheaton (RS) (Entered: 12/07/1990)

Dec. 5, 1990
65

AFFIDAVIT of service re dfts' response to pltf's supplement (RS) (Entered: 12/07/1990)

Dec. 5, 1990
66

REPLY by plaintiff to dfts' response to second supplement to strike dfts' motion for summ jgm (RS) (Entered: 12/11/1990)

Dec. 7, 1990
67

AFFIDAVIT of service by pltf regarding reply [66-1] (RS) (Entered: 12/11/1990)

Dec. 7, 1990
69

AFFIDAVIT of service regarding supplement to motion [68-1] (RS) (Entered: 01/02/1991)

Dec. 14, 1990
68

SUPPLEMENT to pltf's motion to compel by plaintiff (RS) (Entered: 01/02/1991)

Dec. 24, 1990
70

MOTION by plaintiff to compel interrogatories of dfts Evans, Anderson and DuCharme noted for 1/11/91 (RS) (Entered: 01/03/1991)

Dec. 28, 1990
71

AFFIDAVIT of Paul A. Wright (RS) (Entered: 01/03/1991)

Dec. 28, 1990
72

AFFIDAVIT of service re motion to compel interrogatories, etc (RS) (Entered: 01/03/1991)

Dec. 28, 1990
73

RESPONSE by defendant to motion to compel interrogatories of dfts Evans, Anderson and DuCharme [70-1] (RS) (Entered: 01/04/1991)

Jan. 2, 1991
74

AFFIDAVIT of service regarding motion response [73-1] (RS) (Entered: 01/04/1991)

Jan. 2, 1991
78

PRAECIPE: by plaintiff to file attached exhibits to pltf's motion to compel response to interrogatories for dfts Anderson, DuCharme and Evans (RS) (Entered: 01/16/1991)

Jan. 7, 1991
75

REPLY by plaintiff Paul A Wright TO defendant's RESPONSE to motion to compel interrogatories of dfts Evans, Anderson and DuCharme [70-1] (dktclk) (Entered: 01/11/1991)

Jan. 8, 1991
76

AFFIDAVIT of service regarding motion reply [75-1] (dktclk) (Entered: 01/11/1991)

Jan. 8, 1991
77

AFFIDAVIT of service by dft re afdt and correction sheet to depo of Kincheloe (RS) (Entered: 01/15/1991)

Jan. 9, 1991
79

AFFIDAVIT of service by atty general re affidavit and correction sheet re depo of Kenneth DuCharme (RS) (Entered: 01/17/1991)

Jan. 14, 1991
80

ORDER by Magistrate John L. Weinberg regarding pending mtns: pltf's mtn to strike dfts' mtn for summ jgm is DENIED; pltf's mtns to compel are DENIED without prejudice; dfts' mtn for protective order is DENIED without prejudice; pltf's mtn to strike pretrial ddl is GRANTED; dft's mtn for summ jgm is STAYED, the court will renote the motion at the appropriate time; and all discovery is STAYED, except that specified in this order. (cc: all counsel,BJR,JLW) (RS) (Entered: 01/24/1991)

Jan. 24, 1991
81

MOTION by plaintiff to permit discovery relevant to summ jgm noted for 3/8/91 (RS) (Entered: 02/20/1991)

Feb. 15, 1991
82

AFFIDAVIT of service regarding motion to permit discovery relevant to summ jgm [81-1] (RS) (Entered: 02/20/1991)

Feb. 15, 1991
83

RESPONSE by defendant to motion to permit discovery relevant to summ jgm [81-1] (SH) (Entered: 03/20/1991)

March 15, 1991
84

REPLY by plaintiff TO RESPONSE to motion to permit discovery relevant to summ jgm [81-1] (RS) (Entered: 04/02/1991)

March 29, 1991
85

AFFIDAVIT of service regarding motion reply [84-1] (RS) (Entered: 04/02/1991)

March 29, 1991
87

MOTION by plaintiff to stay pending appeal noted for 5/10/91 (RS) (Entered: 04/25/1991)

April 24, 1991
88

MOTION by plaintiff to shorten time on [88-1], motion to stay pending appeal [87-1] noted for 4/26/91 (RS) (Entered: 04/25/1991)

April 24, 1991
89

AFFIDAVIT of service regarding motion to stay pending appeal [87-1] (RS) (Entered: 04/25/1991)

April 24, 1991
91

MOTION by plaintiff to extend time to appeal JLW order noted for 5/17/91 (RS) (Entered: 05/06/1991)

April 27, 1991
90

MINUTE ORDER: by JLW GRANTING pltf's motion to shorten time on [88-1], motion to stay pending appeal [87-1] [88-1]and DENYING motion to stay pending appeal [87-1] (cc: all counsel) (RS) (Entered: 04/29/1991)

April 29, 1991
93

RESPONSE by defendants to pltf's mtn to shorten time and objection to stay (RS) (Entered: 05/07/1991)

May 2, 1991
94

AFFIDAVIT of service regarding motion response [93-1] (RS) (Entered: 05/07/1991)

May 2, 1991
92

MOTION by plaintiff to shorten time on [92-1], motion to extend time to appeal JLW order [91-1] noted for 5/3/91. Incorrectly noted. (RS) (Entered: 05/07/1991)

May 6, 1991
96

REPLY by plaintiff TO RESPONSE to motion to shorten time and stay (RS) (Entered: 05/14/1991)

May 9, 1991
97

AFFIDAVIT of service re pltf's reply to mtn to shorten time (RS) (Entered: 05/14/1991)

May 9, 1991
95

ORDER by Judge Barbara J. Rothstein GRANTING pltf's mtn to shorten time; DENYING pltf's motion to extend time to appeal JLW order [91- 1]; and RENOTING dft's motion for summary judgment [35-1] to 5/31/91 (cc: all counsel) (RS) (Entered: 05/13/1991)

May 13, 1991
98

MOTION by plaintiff for leave to file in reply to dfts' motion for summ jgm noted for 6/14/91. Incorrectly noted-letter sent (RS) (Entered: 06/03/1991)

May 29, 1991

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 19, 1990

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners of the Washington State Reformatory

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Washington State Reformatory, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1986 - 1997

Issues

General:

Administrative segregation

Conditions of confinement

Disciplinary procedures

Sanitation / living conditions

Type of Facility:

Government-run