On October 20, 2017, four minor plaintiffs, represented by their parents or guardians, filed a class action lawsuit against King County and the Kent School District in the U.S. District Court for the Western District of Washington under 42 U.S.C. § 1983 and state law. The plaintiffs, represented by Columbia Legal Services, alleged that King County has violated the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400), by holding children in solitary confinement at King County’s Maleng Regional Justice Center. They sought injunctive and declaratory relief to end King County’s solitary confinement policy.

The plaintiffs alleged that King County denied these children, who had not yet been convicted of any crimes, meaningful social interaction and education by holding them in isolation cells for weeks or months on end. These children were given only a few minutes of face-to-face educational instruction and denied access to reading or writing materials. The plaintiffs alleged that these deprivations could cause trauma, depression, anxiety, as well as permanent interference with a child’s psychological and social development. The vast majority of children affected by King County’s actions were children of color and many suffered from mental illness.

The plaintiffs amended the complaint on October 23, 2017 to add additional named plaintiffs and an additional claim of discrimination.

The plaintiffs sought to certify a class of all children currently incarcerated at the RJC and all such children who would be held there in the future. Besides declaratory judgment, they also sought to preliminarily and permanently enjoin the defendant from carrying out the allegedly unlawful policies and practices. In addition, the plaintiffs asked the court to issue declaratory and injunctive relief on behalf of a subclass of such children who have disabilities, as defined by the Individuals with Disabilities Education Act, and were in need of special education and related services.

The parties quickly began settlement negotiations. On August 20, 2018, the court granted plaintiffs’ motion to approve a settlement agreement. Under the terms of the proposed settlement, the plaintiffs would receive $240,000 from King County and $25,000 from the Kent School District. King County agreed that the solitary confinement of juveniles was banned in all King County detention facilities, except when necessary to prevent physical harm to others, and that any use of solitary confinement would be discussed at a daily meeting. The parties also agreed to appoint a monitor to review alternatives to solitary confinement, and issue quarterly monitor's reports.

The settlement was set to expire on January 31, 2022 if defendant complied with all terms.

Sichun Liu - 06/10/2020


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