Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Hoptowit v. Spellman

2:79-cv-00359 | U.S. District Court for the Eastern District of Washington

Filed Date: Oct. 12, 1979

Closed Date: 1999

Clearinghouse coding complete

Case Summary

On October 12, 1979, inmates at the Washington State Penitentiary brought a class-action lawsuit in the United States District Court for the Eastern District of Washington under 42 U.S.C. § 1983 alleging that conditions in the facility amounted to cruel and unusual punishment. Plaintiffs were represented by Columbia Legal Services in Seattle and private attorneys. (On appeal, the plaintiffs were represented by the American Civil Liberties Union of Washington.) The district court (Judge Jack …

On October 12, 1979, inmates at the Washington State Penitentiary brought a class-action lawsuit in the United States District Court for the Eastern District of Washington under 42 U.S.C. § 1983 alleging that conditions in the facility amounted to cruel and unusual punishment. Plaintiffs were represented by Columbia Legal Services in Seattle and private attorneys. (On appeal, the plaintiffs were represented by the American Civil Liberties Union of Washington.) The district court (Judge Jack E. Tanner) found that the penitentiary was constitutionally deficient and awarded injunctive relief. The district court opinions are not available for this case.

On appeal, the United States Court of Appeal for the Ninth Circuit (Judge John C. Wallace) found that the district court erred in holding that overcrowding was a constitutional violation. Hoptowit v. Ray, 682 F.2d 1237 (9th Cir. 1982). The Ninth Circuit affirmed the district court's holding that the medical services provided at the penitentiary violated the Eighth Amendment but held that the court erred in finding constitutional violations in the areas of vocational and educational programs, the physical conditions of the facility, segregation of inmates, and lockdown conditions. In these areas, the district court had taken what the Ninth Circuit found to be an erroneous "totality of conditions" approach and did not consider and provide remedies for individual violations. The Ninth Circuit also found that the district court's decision that inmates lacked access to courts and were retaliated against when seeking access was not based on sufficient findings of fact. The case was remanded.

On remand, the district court (Judge Jack Edward Tanner) again entered judgment finding conditions to be in violation of the Eighth amendment and ordered relief. On appeal, the Ninth Circuit (Judge Benjamin Duniway) held that the district court followed its previous instructions to consider the findings of fact individually. Hoptowit v. Spellman, 753 F.2d 779 (9th Cir. 1985). It upheld the district court's determination that the conditions related to the physical conditions of the facility, fire safety, protective custody, and segregation were unconstitutional but vacated two provisions of the court's order. These provisions required officials to provide inmates with adequate food and clothing. The Ninth Circuit vacated these provisions because there had been no findings of fact related to food or clothing. The case was remanded.

The PACER docket for this case begins in 1996, so there is no information regarding proceedings between 1985 and 1996. In 1996, defendants moved to reopen the case and vacate the permanent injunction. The district court (Judge William Nielson) ordered the parties to brief the applicability of the Prison Litigation Reform Act in this case. The parties negotiated a settlement and the court directed notice to the members of the class on August 14, 1997. The court received comments from plaintiffs. On August 19, 1999, Judge Nielson approved the parties' proposed settlement, which was finalized in a "Memorandum of Understanding" that is unavailable, and dismissed the case, retaining jurisdiction to adjudicate issues concerning attorneys fees.

Summary Authors

Angela Heverling (4/5/2006)

People


Judge(s)

Duniway, Benjamin Cushing (California)

Nielsen, William Fremming (Washington)

Wallace, John Clifford (California)

Attorneys(s) for Plaintiff

Blumberg, Richard P. (Washington)

Burman, David J. (Washington)

Diamondstone, Fred (Washington)

Ford, Timothy K. (Washington)

Midgley, John (Washington)

Stalker, Robert A. Jr. (Washington)

Attorneys(s) for Defendant

Blonien, John Scott (Washington)

Judge(s)

Duniway, Benjamin Cushing (California)

Nielsen, William Fremming (Washington)

Wallace, John Clifford (California)

Attorneys(s) for Plaintiff

Blumberg, Richard P. (Washington)

Burman, David J. (Washington)

Diamondstone, Fred (Washington)

Ford, Timothy K. (Washington)

Midgley, John (Washington)

Stalker, Robert A. Jr. (Washington)

Attorneys(s) for Defendant

Blonien, John Scott (Washington)

Carr, Douglas Wayne (Washington)

Collins, William C. (Washington)

Smith, Carol A. (Washington)

Documents in the Clearinghouse

Document

2:79-cv-00359

Docket (PACER)

Hoptowit v. Ray

Aug. 28, 2000

Aug. 28, 2000

Docket

80-03366

Reported Opinion

Hoptowit v. Ray

U. S. Court of Appeals for the Ninth Circuit

Feb. 16, 1982

Feb. 16, 1982

Order/Opinion

83-04284

Reported Opinion

U. S. Court of Appeals for the Ninth Circuit

Feb. 12, 1985

Feb. 12, 1985

Order/Opinion

Docket

Last updated Aug. 30, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1266

ORDER Directing Closing of File by Judge Robert J. McNichols, terminating case COB-98-81 (cc: all counsel) (PW) (Entered: 04/06/1990)

April 5, 1990

April 5, 1990

1267

MOTION by defendants to reopen file , vacate permanent injunction , and dismiss action (LAM) (Entered: 05/21/1996)

May 20, 1996

May 20, 1996

1268

Memorandum by defendants in support of motion to reopen file [1267-1], vacate permanent injunction [1267-2], and dismiss action [1267-3] [ATTACHMENT IN SEPARATE EXPANDO FOLDER] (LAM) Modified on 05/21/1996 (Entered: 05/21/1996)

May 20, 1996

May 20, 1996

1269

Notice by defendants of hearing setting motion to reopen file [1267-1] (w/o oral argument 6/17/96 ), setting motion for permanent injunction [1267-2] (w/o oral argument 6/17/96 ), setting to motion dismiss action [1267-3] (w/o oral argument 6/17/96 ) (LAM) (Entered: 05/21/1996)

May 20, 1996

May 20, 1996

1270

Proof of service by defendants of: #1267-1269 (LAM) (Entered: 05/21/1996)

May 20, 1996

May 20, 1996

1271

ORDER Transferring Case by Judge Robert H. Whaley Case reassigned to Chief Judge Wm. Fremming Nielsen (cc: all counsel) (PW) (Entered: 05/30/1996)

May 29, 1996

May 29, 1996

Law Clerk assigned to case is 2 (admin) (Entered: 05/30/1996)

May 30, 1996

May 30, 1996

1272

Memorandum by plaintiffs in opposition to motion vacate permanent injunction [1267-2], motion dismiss action [1267-3]. . . . (PW) (Entered: 05/31/1996)

May 31, 1996

May 31, 1996

1274

Defendants' Reply To Plaintiffs' Oppositon To Defendants' otion to reopen file [1267-1], re motion vacate permanent injunction [1267-2], re motion dismiss action [1267-3] (ECH) (Entered: 06/13/1996)

June 13, 1996

June 13, 1996

1275

ORDER by Chief Judge Wm. Fremming Nielsen setting motion to reopen file [1267-1] ; w/o oral argument 4:30 8/9/96, setting motion vacate permanent injunction [1267-2] ; w/o oral argument 4:30 8/9/96, setting motion dismiss action [1267-3] ; w/o oral argument 4:30 8/9/96 (cc: all counsel) (ECH) (Entered: 06/18/1996)

June 18, 1996

June 18, 1996

1276

Plaintiffs' Response To New Issue Raised By Defendants' Reply (ECH) (Entered: 07/01/1996)

July 1, 1996

July 1, 1996

1277

ORDER by Chief Judge Wm. Fremming Nielsen IT IS ORDERED that: Plaintiffs shall file additional briefing concerning only the applicability of the Prisoner Litigation Reform Act no later than September 3, 1996. Defendants shall file a response no later than September 20, 1996. A hearing without oral argument is set for September 23, 1996. The August 9, 1996 hearing date is STRICKEN. setting motion to reopen file [1267- 1] at 4:30 9/23/96, setting motion vacate permanent injunction [1267-2] at 4:30 9/23/96, setting motion dismiss action [1267-3] at 4:30 9/23/96 (cc: all counsel) (ECH) (Entered: 08/06/1996)

Aug. 6, 1996

Aug. 6, 1996

1278

ORDER by Chief Judge Wm. Fremming Nielsen IT IS ORDERED that: 1. The deadline for Plaintiffs' additional briefing concerning the Prison Litigation Reform Act, established by the Court's Order dated August 6, 1996, is EXTENED by one day. Plaintiffs' briefing shall be due no later than September 4, 1996. 2. all other dates set by the August 6, 1996, Order shall REMAIN IN EFFECT.(cc: all counsel) (ECH) (Entered: 08/23/1996)

Aug. 23, 1996

Aug. 23, 1996

1279

Plaintiffs' MOTION To File An Overlength Brief (ECH) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

1280

Notice by plaintiff John Wait Of Constitutional Question (ECH) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

1281

Declaration Of David C. Faith (ECH) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

1282

Proof of service by plaintiff of: pldgs. #1279-1281 & overlength Brief (ECH) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

1283

NOTICE OF CERTIFICATION by Chief Judge Wm. Fremming Nielsen Pursuant to 28 U.S.C. Sect 2403, this Court CERTIFIES to the above- referenced Act of Confress has been drawn into question (cc: all counsel) (ECH) (Entered: 09/17/1996)

Sept. 17, 1996

Sept. 17, 1996

Proposed Stipulation And Order On Motion For Extension Of Time To File Pleading re: submitted by plaintiff, defendants, (ECH) (Entered: 09/23/1996)

Sept. 23, 1996

Sept. 23, 1996

1284

Defendants' Response To Plaintiffs' Brief On Applicability Of PLRA (ECH) (Entered: 09/27/1996)

Sept. 27, 1996

Sept. 27, 1996

1285

Statement Of Interest Of The United States (ECH) (Entered: 10/02/1996)

Oct. 2, 1996

Oct. 2, 1996

1286

Stipulation and ORDER by Chief Judge Wm. Fremming Nielsen : IT IS HEREBY ORDERED that the Defendants' response to plaintiffs' additional briefing concerning the applicability of the Prisoner Litigation Reform Act shall be as stipulated. (cc: all counsel) (ECH) (Entered: 10/04/1996)

Oct. 4, 1996

Oct. 4, 1996

1287

Plaintiffs' MOTION To Compel Responses To Discovery Requests And Inspection (ECH) (Entered: 10/11/1996)

Oct. 10, 1996

Oct. 10, 1996

1288

Memorandum In Support Of Plaintiffs' Motion To Compel Responses To Discovery Requests And Inspection [1287-1] (ECH) (Entered: 10/11/1996)

Oct. 10, 1996

Oct. 10, 1996

1289

Declaration Of David C. Faiti (ECH) (Entered: 10/11/1996)

Oct. 10, 1996

Oct. 10, 1996

1290

Notice by plaintiffs of hearing setting motion To Compel Responses To Discovery Requests And Inspection [1287-1] (w/o oral argument 4:30 11/18/96 ) (ECH) (Entered: 10/11/1996)

Oct. 10, 1996

Oct. 10, 1996

1291

ORDER by Chief Judge Wm. Fremming Nielsen granting motion To Compel Responses To Discovery Requests And Inspection [1287-1], granting motion to reopen file [1267-1], Ruling on motion vacate permanent injunction [1267-2] is reserved, Ruling on motion dismiss action [1267-3] is reserved ; Telephone status conf will be held in this matter on 8:30 2/3/97 Spokane, WA (cc: all counsel) (ECH) (Entered: 10/16/1996)

Oct. 16, 1996

Oct. 16, 1996

1292

Report Of Plaintiffs' Expert (ECH) (Entered: 01/02/1997)

Jan. 2, 1997

Jan. 2, 1997

1293

Defendants' Response To Report Of Patrick McManus (ECH) (Entered: 02/03/1997)

Feb. 3, 1997

Feb. 3, 1997

1294

Status Conference Order by Chief Judge Wm. Fremming Nielsen ; tele status conference set 8:30 5/5/97, staying (cc:all counsel) (ECH) (Entered: 02/03/1997)

Feb. 3, 1997

Feb. 3, 1997

Telephonic Status Conference Hearing : before Chief Judge Wm. Fremming Nielsen Hrg Location: Spokane; no court reporter (ECH) (Entered: 02/03/1997)

Feb. 3, 1997

Feb. 3, 1997

1295

Status Conference Order by Chief Judge Wm. Fremming Nielsen tele status conference set 8:00 6/19/97 (cc:all counsel) (ECH) (Entered: 05/05/1997)

May 5, 1997

May 5, 1997

Telephonic Status Conference Hearing: before Chief Judge Wm. Fremming Nielsen Hrg Location: Spokane; no court reporter (ECH) (Entered: 05/05/1997)

May 5, 1997

May 5, 1997

Telephonic Status Conference Hearing : before Chief Judge Wm. Fremming Nielsen Hrg Location: Spokane; no court reporter (ECH) (Entered: 06/19/1997)

June 19, 1997

June 19, 1997

1297

ORDER by Chief Judge Wm. Fremming Nielsen ; Settlement papers & draft of proposed notice 4:30 8/8/97 , ; Telephone status conf reset to 8:00 8/11/97 Spokane, WA (cc: all counsel) (ECH) (Entered: 07/18/1997)

July 18, 1997

July 18, 1997

Pink slip routed ; Telephone status conf reset 8:00 8/14/97 Spokane, WA (MB) (Entered: 08/08/1997)

Aug. 8, 1997

Aug. 8, 1997

1298

Stipulated MOTION For Order Provisionally Approving Settlement Of Class Action And Directing Notice To The Class (ECH) (Entered: 08/13/1997)

Aug. 13, 1997

Aug. 13, 1997

Proposed Order re: motion For Order Provisionally Approving Settlement Of Class Action And Directing Notice To The Class [1298-1] (ECH) (Entered: 08/14/1997)

Aug. 13, 1997

Aug. 13, 1997

Proposed Notice To All Inmates Regarding Proposed Settlement Of Class Action re: motion For Order Provisionally Approving Settlement Of Class Action And Directing Notice To The Class [1298-1] (ECH) (Entered: 08/14/1997)

Aug. 13, 1997

Aug. 13, 1997

1299

NOTICE TO ALL INMATES REGARDING PROPOSED SETTLEMENT OF CLASS ACTION by Chief Judge Wm. Fremming Nielsen granting Motion For Order Provisionally Approving Settlement Of Class And Directing Notice To The Class [1298-1] (cc: all counsel) (ECH) (Entered: 08/14/1997)

Aug. 14, 1997

Aug. 14, 1997

1300

ORDER PROVISIONALLY APPROVING SETTLEMENT AND DIRECTING NOTICE TO CLASS by Chief Judge Wm. Fremming Nielsen granting motion For Order Provisionally Approving Settlement Of Class Action And Directing Notice To The Class [1298-1] (cc: all counsel) (ECH) (Entered: 08/14/1997)

Aug. 14, 1997

Aug. 14, 1997

1301

Plaintiff Demos' Objection To The Proposed Settlement And Lifting Of The Injunction (ECH) (Entered: 09/02/1997)

Sept. 2, 1997

Sept. 2, 1997

1302

Plaintiff Denis' 2nd Objection To The Court's Provisional Approval Of A Proposed Settlement Of Suit (ECH) (Entered: 09/03/1997)

Sept. 3, 1997

Sept. 3, 1997

1303

Objections To Order by Jai'mar Scott (ECH) (Entered: 09/04/1997)

Sept. 4, 1997

Sept. 4, 1997

1331

Objections by Michael D. Oswald to order [1300-1] (LE) (Entered: 04/15/1999)

Sept. 18, 1997

Sept. 18, 1997

1304

Objections by Efren Lopez Gamboa to order [1299-1] (PW) (Entered: 09/25/1997)

Sept. 25, 1997

Sept. 25, 1997

1305

Objections to proposed settlement of class action by Troy Richard Talbot re: order [1299-1] (PW) (Entered: 09/25/1997)

Sept. 25, 1997

Sept. 25, 1997

1307

MOTION to intervene as an original party plaintiff (PW) (Entered: 09/26/1997)

Sept. 26, 1997

Sept. 26, 1997

1308

Affidavit of John Demos regarding motion to intervene as an original party plaintiff (PW) (Entered: 09/26/1997)

Sept. 26, 1997

Sept. 26, 1997

1309

Notice of hearing setting motion to intervene as an original party plaintiff [1307-1] (w/o oral argument 10/10/97 ) (PW) (Entered: 09/26/1997)

Sept. 26, 1997

Sept. 26, 1997

1310

Proof of service of: #1307-1309 (PW) (Entered: 09/26/1997)

Sept. 26, 1997

Sept. 26, 1997

1311

Objections By Carl Dalby to order [1300-1], order [1299-1] (ECH) (Entered: 09/29/1997)

Sept. 29, 1997

Sept. 29, 1997

1312

Objections By Christina Ann Dalton aks Matthew Dalton to order [1300- 1], order [1299-1] (ECH) (Entered: 09/29/1997)

Sept. 29, 1997

Sept. 29, 1997

1313

Objections By Norm John Trapp To order [1300-1], order [1299-1] (ECH) (Entered: 09/29/1997)

Sept. 29, 1997

Sept. 29, 1997

1314

Objections By Timothy E. Caffrey to order [1300-1], order [1299-1] (ECH) (Entered: 10/01/1997)

Oct. 1, 1997

Oct. 1, 1997

1332

Objections by Bud A. Larson to order [1300-1] (LE) (Entered: 04/15/1999)

Oct. 1, 1997

Oct. 1, 1997

1333

Objections by Lawrence Keller to order [1300-1] (LE) (Entered: 04/15/1999)

Oct. 2, 1997

Oct. 2, 1997

1315

Objections To Lifting Of Injunction order [1300-1], order [1299-1] (ECH) (Entered: 10/03/1997)

Oct. 3, 1997

Oct. 3, 1997

1316

Objection Of Timothy E. Cafrey (ECH) (Entered: 10/23/1997)

Oct. 10, 1997

Oct. 10, 1997

1317

MOTION For Party Plaintiff Intervention To "Enforce" The Terms Of The Injunction (ECH) Modified on 10/23/1997 (Entered: 10/21/1997)

Oct. 16, 1997

Oct. 16, 1997

1318

MOTION For Judicial Notice Of The Denial Of Adequate Mental Health Treatment At The Washington State Penitentiary (ECH) Modified on 01/08/1998 (Entered: 10/28/1997)

Oct. 27, 1997

Oct. 27, 1997

1319

Notice of hearing setting motion For Judicial Notice Of The Denial Of Adequate Mental Health Treatment At The Washington State Penitentiary [1317-1] (w/o oral argument 4:30 11/14/97 ) (ECH) Modified on 01/08/1998 (Entered: 10/28/1997)

Oct. 27, 1997

Oct. 27, 1997

1320

Proof of service of: pldgs. #1317 & 1318 (ECH) Modified on 01/08/1998 (Entered: 10/28/1997)

Oct. 27, 1997

Oct. 27, 1997

1321

MOTION For Order To Compel Defendants To Comply With The Terms Of The Injunction (ECH) Modified on 01/08/1998 (Entered: 10/31/1997)

Oct. 29, 1997

Oct. 29, 1997

1322

Notice of hearing setting motion For Order To Compel Defendants To Comply With The Terms Of The Injunction [1320-1] (w/o oral argument 4:30 11/14/97 ) (ECH) Modified on 01/08/1998 (Entered: 10/31/1997)

Oct. 29, 1997

Oct. 29, 1997

1323

Proof of service of: pldgs. #1321 and 1322 (ECH) Modified on 01/08/1998 (Entered: 10/31/1997)

Oct. 29, 1997

Oct. 29, 1997

1324

MOTION For The Taking Of Judicial Notice (ECH) Modified on 01/08/1998 (Entered: 11/28/1997)

Nov. 25, 1997

Nov. 25, 1997

1325

Notice of hearing setting motion For The Taking Of Judicial Notice [1323-1] (w/o oral argument 4:30 12/8/97 ) (ECH) Modified on 01/08/1998 (Entered: 11/28/1997)

Nov. 25, 1997

Nov. 25, 1997

1325

ORDER by Chief Judge Wm. Fremming Nielsen (An Order of Contempt against John Demos was entered 8/26/91 in Case No. CS-91-0027-JBH which prohibits Mr. Demos from initiating any civil actions in the USDC-EDWA; This Court considers the motions filed by Mr. Demos in the instant case an attempt on his part to initiate civil actions in the USDC-EDWA, ... Accordingly, the following motions filed by John R. Demos are stricken: striking motion to intervene as an original party plaintiff [1307-1], striking motion For Party Plaintiff Intervention To "Enforce" The Terms Of The Injunction [1317-1], striking motion For Judicial Notice Of The Denial Of Adequate Mental Health Treatment At The Washington State Penitentiary [1318-1], striking motion For Order To Compel Defendants To Comply With The Terms Of The Injunction [1321-1], striking motion For The Taking Of Judicial Notice [1324-1] : Case mgmt ddl set 4/3/98 by which date pltf's counsel shall respond to the Objections entered by Class members; defts shall then respond to pltf's submission no later than 4/17/98; the Court shall schedule a hearing if one is deemed necessary (cc: all counsel) (LE) (Entered: 03/03/1998)

March 3, 1998

March 3, 1998

1326

Response by plaintiffs to objections to proposed settlement (PW) (Entered: 04/02/1998)

April 2, 1998

April 2, 1998

1327

Response by defendants to plaintiffs' response to objections to proposed settlement [1326-1] (LE) (Entered: 04/17/1998)

April 17, 1998

April 17, 1998

1328

Affidavit of Tanna Wood regarding response (LE) (Entered: 04/17/1998)

April 17, 1998

April 17, 1998

1329

Proof of service by defendants of: #1327-#1328 (LE) (Entered: 04/17/1998)

April 17, 1998

April 17, 1998

Pink slip routed ; Telephone status conf set 3:30 10/26/98 Spokane, WA (FmrEmp) (Entered: 10/16/1998)

Oct. 16, 1998

Oct. 16, 1998

MINUTES: TELE STAT CONF Hrg Location: S/WFN; Topper Baker court reporter; court to review case law and proceed accordingly regarding settlement agreement (LE) (Entered: 10/27/1998)

Oct. 26, 1998

Oct. 26, 1998

1330

Amended Response by plaintiffs [1326-1] to Proposed Settlement (LE) (Entered: 11/16/1998)

Nov. 16, 1998

Nov. 16, 1998

1334

ORDER by Chief Judge Wm. Fremming Nielsen approving the parties' Proposed Settlement of this matter styled "Memorandum of Understanding" [1298-1]; the parties have until 6/14/99 to simultaneously submitproposed FFCL for the court to consider before vacating the permanent injunction; parties have until 7/12/99 to submit simultaneous responses to the parties' proposed FFCL; the court will take the matter under advisement (cc: all counsel) (LE) (Entered: 05/13/1999)

May 11, 1999

May 11, 1999

1335

Proposed Findings of fact and conclusions of law by plaintiffs (LE) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

1336

Proposed Findings of fact and conclusions of law by defendants (LE) (Entered: 06/14/1999)

June 14, 1999

June 14, 1999

1337

Response by plaintiff to dfts' proposed findings of fact [1336-1] (LE) (Entered: 07/12/1999)

July 12, 1999

July 12, 1999

1338

Response by defendants to pltfs' proposed findings of fact [1335-1] (LE) (Entered: 07/12/1999)

July 12, 1999

July 12, 1999

1339

Affidavit of Fact Pursuant to 28 USC 1746 (signed by John Demos and other WSP Inmates) (LE) (Entered: 07/14/1999)

July 14, 1999

July 14, 1999

1340

Affidavit Pursuant to 28 USC 1746 signed by John Demos and other WSP Inmates (LE) (Entered: 07/14/1999)

July 14, 1999

July 14, 1999

1341

Affidavit Pursuant to 28 USC 636 signed by John Demos and other WSP Inmates (LE) (Entered: 07/14/1999)

July 14, 1999

July 14, 1999

1342

Proof of service by John Demos and other WSP Inmates of: #1339-#1341 (LE) (Entered: 07/14/1999)

July 14, 1999

July 14, 1999

1343

CIVIL RIGHTS COMPLAINT BY PRISONER (John Robert Demos) Fee-status: Receipt #: (LE) (Entered: 08/19/1999)

Aug. 19, 1999

Aug. 19, 1999

1344

FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER by Chief Judge Wm. Fremming Nielsen: the parties' proposed settlement of this matter styled "Memorandum of Understanding" Ct.Rec.1298 is APPROVED and incorporated by reference and the permanent injunction in this matter is TERMINATED and this matter is DISMISSED WITH PREJUDICE; the Court retains jurisdiction for the limited purpose of adjudicating any remaining attorney fees and costs issues; the parties shall submit a joint stmt addressing the status of these issues by 9/17/99; DCE directed to RECLOSE THIS FILE terminating case COB: 167-88 (cc: all counsel) (LE) (Entered: 08/19/1999)

Aug. 19, 1999

Aug. 19, 1999

1345

Joint Statement by plaintiff, defendant pursuant to Court's Order of 8/19/99 (LE) (Entered: 09/17/1999)

Sept. 17, 1999

Sept. 17, 1999

1346

ORDER by Chief Judge Wm. Fremming Nielsen Case mgmt ddl set 12/1/99 to file mtn or request for fees or costs by any party in this matter DCE directed to RECLOSE this file (cc: all counsel) (LE) (Entered: 09/21/1999)

Sept. 21, 1999

Sept. 21, 1999

1347

PROPOSED RECEIVED Stipulation and Order Re Request for Attorney Fees submitted by plaintiff, defendant (LE) (Entered: 12/01/1999)

Dec. 1, 1999

Dec. 1, 1999

1349

PROPOSED RECEIVED Stipulation and Order re: Attorney Fees (KH) (Entered: 12/22/1999)

Dec. 22, 1999

Dec. 22, 1999

1350

Stipulation and ORDER Re Attorney Fees by Chief Judge Wm. Fremming Nielsen: per stipulation, w/in 30 days of this Order dfts shall pay to pltfs' counsel $45,000.00 in attorney fees and $1,409.06 in costs in full and final settlement of all pltfs' claims for atty fees and costs in this action (cc: all counsel) (LE) (Entered: 01/03/2000)

Jan. 3, 2000

Jan. 3, 2000

1351

Ex Parte MOTION for Evidence by James S. Vaccaro (w/proposed order and afdt of mailing on USDC attached) (LE) (Entered: 03/01/2000)

Feb. 22, 2000

Feb. 22, 2000

1352

ORDER by Chief Judge Wm. Fremming Nielsen denying motion for Evidence [1351-1] (cc: all counsel, James S. Vaccaro at WSP) (LE) (Entered: 03/27/2000)

March 27, 2000

March 27, 2000

1353

Pr Se MOTION to joinder third party plaintiff no hearing set (LE) (Entered: 07/24/2000)

July 21, 2000

July 21, 2000

1354

Letter to court by James S. Vaccaro (LE) (Entered: 07/26/2000)

July 26, 2000

July 26, 2000

1355

ORDER by Chief Judge Wm. Fremming Nielsen denying as moot Vaccaro's ex parte motion to joinder third party plaintiff [1353-1] (cc: all counsel, Mr. Vaccaro) (LE) (Entered: 08/28/2000)

Aug. 28, 2000

Aug. 28, 2000

Case Details

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 12, 1979

Closing Date: 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates at the Washington State Penitentiary

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Washington State Department of Corrections, 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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Issues

General:

Administrative segregation

Classification / placement

Education

Food service / nutrition / hydration

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Type of Facility:

Government-run