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

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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…

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)

Attorney for Plaintiff

Cornell, Cheri Yvonne (Washington)

Gendler, Michael W. (Washington)

Gordon, Patricia (Washington)

Attorney for Defendant

Judge, Daniel J. (Washington)

Judge(s)

Fernandez, Ferdinand Francis (California)

Kozinski, Alex (California)

Rothstein, Barbara Jacobs (Washington)

Tang, Thomas (Arizona)

Attorney for Plaintiff

Cornell, Cheri Yvonne (Washington)

Gendler, Michael W. (Washington)

Gordon, Patricia (Washington)

Newman, Claudia (Washington)

Attorney for Defendant

Judge, Daniel J. (Washington)

Nerup, Penelope (Washington)

Wheaton, Therese M. (Washington)

Documents in the Clearinghouse

Documents in this case

2:90-cv-00396	Docket (PACER)	March 4, 1998	March 4, 1998 Docket
91-36087	Memorandum Wright v. Rebeiro U.S. Court of Appeals for the Ninth Circuit	Feb. 26, 1993	Feb. 26, 1993 Order/Opinion 988 F.2d 127

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Docket

Last updated March 24, 2025, 8:26 a.m.

ECF Number	Date	Description	Link
	March 19, 1990	PROPOSED IFP, COMPLAINT & CONSENT (dktclk) (Entered: 03/21/1990)	PACER
1	March 22, 1990	ORDER by Magistrate John L. Weinberg granting application to proceed IFP (cc: all counsel) (RS) (Entered: 03/23/1990)	PACER
2	March 22, 1990	COMPLAINT (Summons(es) not issued) (RS) (Entered: 03/23/1990)	PACER
3	May 17, 1990	LETTER from Paul Wright requesting summons be served (RS) (Entered: 05/21/1990)	PACER
4	May 23, 1990	ORDER by Judge Barbara J. Rothstein of reference to Magistrate John L. Weinberg (cc: all counsel) (RS) (Entered: 05/23/1990)	PACER
5	May 30, 1990	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)	PACER
6	June 13, 1990	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Larry Kincheloe on 6/9/90 (RS) (Entered: 06/14/1990)	PACER
7	June 13, 1990	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Chase Riveland on 6/8/90 (RS) (Entered: 06/14/1990)	PACER
8	June 14, 1990	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Jim Evans on 6/8/90 (RS) (Entered: 06/18/1990)	PACER
9	June 14, 1990	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Kenneth Ducharme on 6/8/90 (RS) (Entered: 06/18/1990)	PACER
10	June 14, 1990	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Veronica Rebeiro on 6/12/90 (RS) (Entered: 06/18/1990)	PACER
11	June 14, 1990	ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendant Howard Anderson on 6/8/90 (RS) (Entered: 06/18/1990)	PACER
12	June 22, 1990	ATTORNEY APPEARANCE for defendants (dktclk) (Entered: 06/25/1990)	PACER
13	June 22, 1990	AFFIDAVIT of service regarding attorney [12-1] (dktclk) (Entered: 06/25/1990)	PACER
14	June 26, 1990	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)	PACER
15	June 26, 1990	AFFIDAVIT of service regarding motion for order to take non- stenographic telephonic depositions [14-1] (RS) (Entered: 06/27/1990)	PACER
16	July 12, 1990	RESPONSE by defendant to PLAINTIFF'S motion for order to take non- stenographic telephonic depositions [14-1] (dktclk) (Entered: 07/16/1990)	PACER
17	July 14, 1990	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)	PACER
18	July 19, 1990	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)	PACER
19	July 25, 1990	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)	PACER
20	July 25, 1990	ANSWER by defendants'; jury demand (dktclk) (Entered: 07/27/1990)	PACER
21	July 25, 1990	AFFIDAVIT of SERVICE by mailing of dft.'s answer and jury demand to pltf. on 7/24/90. (dktclk) (Entered: 07/27/1990)	PACER
23	July 31, 1990	MEMORANDUM by plaintiff Paul A Wright in support of motion for appointment of counsel [22-1] (dktclk) (Entered: 08/07/1990)	PACER
24	July 31, 1990	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)	PACER
25	Aug. 15, 1990	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)	PACER
26	Aug. 28, 1990	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)	PACER
27	Sept. 7, 1990	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)	PACER
28	Sept. 11, 1990	RESPONSE by defendant to motion to strike pretrial preparations deadline [26-1] (dktclk) (Entered: 09/14/1990)	PACER
29	Sept. 21, 1990	MOTION by defendant for protective order noted for 10/12/90 (dktclk) (Entered: 09/25/1990)	PACER
30	Sept. 21, 1990	MEMORANDUM by defendant in support of motion for protective order [29-1] (dktclk) (Entered: 09/25/1990)	PACER
31	Sept. 21, 1990	AFFIDAVIT of SERVICE by Atty. General of motion for protective order etc. on pltf. by mail 9/20/90. (dktclk) (Entered: 09/25/1990)	PACER
32	Sept. 27, 1990	MOTION by plaintiff to compel noted for 10/19/90 (RS) (Entered: 10/01/1990)	PACER
33	Sept. 27, 1990	AFFIDAVIT of service regarding motion to compel [32-1] (RS) (Entered: 10/01/1990)	PACER
34	Oct. 4, 1990	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)	PACER
35	Oct. 4, 1990	MOTION by defendants for summary judgment noted for 10/26/90. Incorrectly noted-phoned cnsl (RS) (Entered: 10/05/1990)	PACER
37	Oct. 4, 1990	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)	PACER
	Oct. 4, 1990	LODGED ORDER: to shorten time (RS) (Entered: 10/05/1990)	PACER
	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)	PACER
	Oct. 4, 1990	PROPOSED dfts' memo in support of mtn for summary judgment (RS) (Entered: 10/05/1990)	PACER
38	Oct. 5, 1990	MOTION by plaintiff to strike dfts' summary judgment motion noted for 10/26/90. Incorrectly noted-letter sent (RS) (Entered: 10/12/1990)	PACER
39	Oct. 5, 1990	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)	PACER
40	Oct. 5, 1990	AFFIDAVIT of service by mail regarding motion to strike dfts' summary judgment motion [38-1] (RS) (Entered: 10/12/1990)	PACER
41	Oct. 6, 1990	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)	PACER
42	Oct. 6, 1990	RESPONSE by plaintiff to motion for protective order [29-1] (RS) (Entered: 10/15/1990)	PACER
43	Oct. 6, 1990	STIPULATION of facts (RS) (Entered: 10/15/1990)	PACER
44	Oct. 6, 1990	AFFIDAVIT of service regarding stipulation [43-1] (RS) (Entered: 10/15/1990)	PACER
46	Oct. 12, 1990	MOTION by plaintiff to compel production of interrogatories noted for 11/2/90. Incorrectly noted-letter sent (RS) (Entered: 10/18/1990)	PACER
47	Oct. 12, 1990	AFFIDAVIT of service by mail regarding motion to compel production of interrogatories [46-1] (RS) (Entered: 10/18/1990)	PACER
45	Oct. 15, 1990	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)	PACER
119	Oct. 15, 1990	MEMORANDUM by defendants in support of motion for summary judgment [35-1] (overlength) (RS) (Entered: 08/14/1991)	PACER
48	Oct. 24, 1990	SUPPLEMENT by plaintiff re motion to strike dfts' summary judgment motion [38-1] (RS) (Entered: 10/25/1990)	PACER
49	Oct. 25, 1990	RESPONSE by defendant to motion to compel production of interrogatories [46-1] (RS) (Entered: 10/30/1990)	PACER
50	Oct. 31, 1990	RESPONSE by plaintiff to motion to compel production of interrogatories [46-1] (RS) (Entered: 11/02/1990)	PACER
51	Oct. 31, 1990	AFFIDAVIT of service regarding motion response [50-1] (RS) (Entered: 11/02/1990)	PACER
52	Nov. 1, 1990	AFFIDAVIT of Veronica Rebeiro in support of dfts' motion for summ jgm (RS) (Entered: 11/06/1990)	PACER
53	Nov. 1, 1990	AFFIDAVIT of Kenneth DuCharme regarding motion for summary judgment [35-1] (RS) (Entered: 11/06/1990)	PACER
54	Nov. 1, 1990	AFFIDAVIT of James Evans regarding motion for summary judgment [35-1] (RS) (Entered: 11/06/1990)	PACER
55	Nov. 1, 1990	AFFIDAVIT of Howard Anderson regarding motion for summary judgment [35-1] (RS) (Entered: 11/06/1990)	PACER
56	Nov. 1, 1990	AFFIDAVIT of service regarding affidavits in support of summ jgm motion [52-1] (RS) (Entered: 11/06/1990)	PACER
57	Nov. 2, 1990	SECOND RESPONSE by defendant to motion to compel production of interrogatories [46-1] (RS) (Entered: 11/06/1990)	PACER
58	Nov. 2, 1990	AFFIDAVIT of serivce regarding motion response [57-1] (RS) (Entered: 11/06/1990)	PACER
59	Nov. 7, 1990	REPLY by plaintiff to dfts' 2nd RESPONSE to motion to compel production of interrogatories [46-1] (RS) (Entered: 11/13/1990)	PACER
60	Nov. 7, 1990	AFFIDAVIT of service regarding motion reply [59-1] (RS) (Entered: 11/13/1990)	PACER
61	Nov. 29, 1990	SECOND SUPPLEMENT by plaintiff re motion to strike dfts' summary judgment motion [38-1] (RS) (Entered: 12/04/1990)	PACER
62	Nov. 29, 1990	AFFIDAVIT of service regarding supplement to motion [61-1] (RS) (Entered: 12/04/1990)	PACER
63	Dec. 5, 1990	RESPONSE by defendants to pltf's second supplement to pltf's motion to strike dfts' motion for summ jgm (RS) (Entered: 12/07/1990)	PACER
64	Dec. 5, 1990	AFFIDAVIT of Therese M. Wheaton (RS) (Entered: 12/07/1990)	PACER
65	Dec. 5, 1990	AFFIDAVIT of service re dfts' response to pltf's supplement (RS) (Entered: 12/07/1990)	PACER
66	Dec. 7, 1990	REPLY by plaintiff to dfts' response to second supplement to strike dfts' motion for summ jgm (RS) (Entered: 12/11/1990)	PACER
67	Dec. 7, 1990	AFFIDAVIT of service by pltf regarding reply [66-1] (RS) (Entered: 12/11/1990)	PACER
69	Dec. 14, 1990	AFFIDAVIT of service regarding supplement to motion [68-1] (RS) (Entered: 01/02/1991)	PACER
68	Dec. 24, 1990	SUPPLEMENT to pltf's motion to compel by plaintiff (RS) (Entered: 01/02/1991)	PACER
70	Dec. 28, 1990	MOTION by plaintiff to compel interrogatories of dfts Evans, Anderson and DuCharme noted for 1/11/91 (RS) (Entered: 01/03/1991)	PACER
71	Dec. 28, 1990	AFFIDAVIT of Paul A. Wright (RS) (Entered: 01/03/1991)	PACER
72	Dec. 28, 1990	AFFIDAVIT of service re motion to compel interrogatories, etc (RS) (Entered: 01/03/1991)	PACER
73	Jan. 2, 1991	RESPONSE by defendant to motion to compel interrogatories of dfts Evans, Anderson and DuCharme [70-1] (RS) (Entered: 01/04/1991)	PACER
74	Jan. 2, 1991	AFFIDAVIT of service regarding motion response [73-1] (RS) (Entered: 01/04/1991)	PACER
78	Jan. 7, 1991	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)	PACER
75	Jan. 8, 1991	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)	PACER
76	Jan. 8, 1991	AFFIDAVIT of service regarding motion reply [75-1] (dktclk) (Entered: 01/11/1991)	PACER
77	Jan. 9, 1991	AFFIDAVIT of service by dft re afdt and correction sheet to depo of Kincheloe (RS) (Entered: 01/15/1991)	PACER
79	Jan. 14, 1991	AFFIDAVIT of service by atty general re affidavit and correction sheet re depo of Kenneth DuCharme (RS) (Entered: 01/17/1991)	PACER
80	Jan. 24, 1991	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)	PACER
81	Feb. 15, 1991	MOTION by plaintiff to permit discovery relevant to summ jgm noted for 3/8/91 (RS) (Entered: 02/20/1991)	PACER
82	Feb. 15, 1991	AFFIDAVIT of service regarding motion to permit discovery relevant to summ jgm [81-1] (RS) (Entered: 02/20/1991)	PACER
83	March 15, 1991	RESPONSE by defendant to motion to permit discovery relevant to summ jgm [81-1] (SH) (Entered: 03/20/1991)	PACER
84	March 29, 1991	REPLY by plaintiff TO RESPONSE to motion to permit discovery relevant to summ jgm [81-1] (RS) (Entered: 04/02/1991)	PACER
85	March 29, 1991	AFFIDAVIT of service regarding motion reply [84-1] (RS) (Entered: 04/02/1991)	PACER
87	April 24, 1991	MOTION by plaintiff to stay pending appeal noted for 5/10/91 (RS) (Entered: 04/25/1991)	PACER
88	April 24, 1991	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)	PACER
89	April 24, 1991	AFFIDAVIT of service regarding motion to stay pending appeal [87-1] (RS) (Entered: 04/25/1991)	PACER
91	April 27, 1991	MOTION by plaintiff to extend time to appeal JLW order noted for 5/17/91 (RS) (Entered: 05/06/1991)	PACER
90	April 29, 1991	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)	PACER
93	May 2, 1991	RESPONSE by defendants to pltf's mtn to shorten time and objection to stay (RS) (Entered: 05/07/1991)	PACER
94	May 2, 1991	AFFIDAVIT of service regarding motion response [93-1] (RS) (Entered: 05/07/1991)	PACER
92	May 6, 1991	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)	PACER
96	May 9, 1991	REPLY by plaintiff TO RESPONSE to motion to shorten time and stay (RS) (Entered: 05/14/1991)	PACER
97	May 9, 1991	AFFIDAVIT of service re pltf's reply to mtn to shorten time (RS) (Entered: 05/14/1991)	PACER
95	May 13, 1991	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)	PACER
98	May 29, 1991	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)	PACER