Case: Augustine v. Washington Department of Corrections

19-2-05337-34 | Washington state trial court

Filed Date: Oct. 29, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 29, 2019, former inmates of Clallam Bay Corrections Center (CCBC) filed this lawsuit in Washington State Superior Court for Thurston County. The plaintiffs sued the Washington Department of Corrections (WDOC), and top WDOC officials, including the WDOC’s secretary, WDOC’s assistant secretary of the Prisons division, the Superintendent of CCBC, and the Superintendent of Washington State Penitentiary. They claimed that their Washington State Constitutional rights had been violated. The…

On October 29, 2019, former inmates of Clallam Bay Corrections Center (CCBC) filed this lawsuit in Washington State Superior Court for Thurston County. The plaintiffs sued the Washington Department of Corrections (WDOC), and top WDOC officials, including the WDOC’s secretary, WDOC’s assistant secretary of the Prisons division, the Superintendent of CCBC, and the Superintendent of Washington State Penitentiary. They claimed that their Washington State Constitutional rights had been violated. The plaintiffs, represented by Columbia Legal Services, sought declaratory relief, injunctive relief, restitution for plaintiff’s injuries, and attorney’s fees.

The plaintiffs claimed that after initiating a food strike at CCBC on October 7, 2019, they were retaliated against in cruel fashion by WDOC. Specifically, they claimed that they were transferred to Washington State Penitentiary in retaliation and subjected to solitary confinement since October 9, 2019. The plaintiffs claimed this violates Washington State Constitutional rights of due process, equal protection, cruel punishment, and a duty to maintain health, safety and welfare. The plaintiffs amended their complaint on November 15, 2019. As of February 2020, this case is ongoing.

Summary Authors

Carter Powers Beggs (2/27/2020)

People


Judge(s)
Attorney for Plaintiff

Allen, Nicholas B. (Washington)

Chung, Janet (California)

Grigg, Meredith Ellen (Washington)

Attorney for Defendant

Faber, Katherine (Washington)

Feulner, Timothy J. (Washington)

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Documents in the Clearinghouse

Document

19-2-05337-34

Docket

Feb. 25, 2020

Feb. 25, 2020

Docket

19-2-05337-34

Complaint for Injunctive and Declaratory Relief

Oct. 29, 2019

Oct. 29, 2019

Complaint

Docket

Last updated April 18, 2024, 4:01 p.m.

ECF Number Description Date Link Date / Link

Case Information Cover Sheet

Oct. 29, 2019

Oct. 29, 2019

Summons

Oct. 29, 2019

Oct. 29, 2019

Complaint

Oct. 29, 2019

Oct. 29, 2019

Notice of Assignment

Oct. 29, 2019

Oct. 29, 2019

Notice of Appearance and Certificate of Servce

Nov. 4, 2019

Nov. 4, 2019

Affidavit Declaration Certificate Confirmation of Service

Nov. 4, 2019

Nov. 4, 2019

Affidavit Declaration Certificate Confirmation of Service

Nov. 4, 2019

Nov. 4, 2019

Affidavit Declaration Certificate Confirmation of Service

Nov. 4, 2019

Nov. 4, 2019

Amended Complaint First

Nov. 15, 2019

Nov. 15, 2019

Answer

Dec. 2, 2019

Dec. 2, 2019

Affidavit Declaration Certificate Confirmation of Service

Feb. 4, 2020

Feb. 4, 2020

Response Scheduling Questionnaire

Feb. 14, 2020

Feb. 14, 2020

Response Scheduling Questionnaire

Feb. 25, 2020

Feb. 25, 2020

Assignment for Trial Setting

Feb. 28, 2020

Feb. 28, 2020

Notice of Withdrawal of Attorney

March 4, 2020

March 4, 2020

Notice of Appearance

March 4, 2020

March 4, 2020

Order Setting Case Schedule

March 5, 2020

March 5, 2020

Ex Parte Action With Order

March 5, 2020

March 5, 2020

Affidavit Declaration Certificate Confirmation of Service

March 5, 2020

March 5, 2020

Notice of Hearing Joint Motion for Admendment to Case Scheduling Order

Sept. 15, 2020

Sept. 15, 2020

Proposed Order Findings

Sept. 15, 2020

Sept. 15, 2020

Declaration Affidavit Plaintiffs' Counsel

Sept. 15, 2020

Sept. 15, 2020

Affidavit Declaration Certificate Confirmation of Service

Sept. 15, 2020

Sept. 15, 2020

Notice of Hearing Stricken

Sept. 22, 2020

Sept. 22, 2020

Affidavit Declaration Certificate Confirmation of Service

Sept. 22, 2020

Sept. 22, 2020

Order Striking Trial Date and Scheduling New Trial Setting Date

Sept. 22, 2020

Sept. 22, 2020

Ex Parte Action With Order

Sept. 22, 2020

Sept. 22, 2020

Motion Hearing Joint Motion for Admendment to Case Scheduling Order

Sept. 25, 2020

Sept. 25, 2020

Affidavit Declaration Certificate Confirmation of Service

Sept. 30, 2020

Sept. 30, 2020

Response Scheduling Questionnaire - Plaintiff's

Oct. 8, 2020

Oct. 8, 2020

Response Scheduling Questionnaire

Oct. 14, 2020

Oct. 14, 2020

Assignment for Trial Setting

Oct. 16, 2020

Oct. 16, 2020

Pre-Trial Conference

Jan. 8, 2021

Jan. 8, 2021

Notice of Withdrawal of Attorney

Jan. 8, 2021

Jan. 8, 2021

Non-Jury Trial

Feb. 1, 2021

Feb. 1, 2021

Order Setting Case Schedule

Feb. 22, 2021

Feb. 22, 2021

Affidavit Declaration Certificate Confirmation of Service

Feb. 22, 2021

Feb. 22, 2021

Declaration Affidavit of Kevin Walker

July 21, 2021

July 21, 2021

Declaration Affidavit of Dominga Soliz

July 21, 2021

July 21, 2021

Declaration Affidavit of Counsel

July 21, 2021

July 21, 2021

Motion for Summary Judgment Defendants'

July 21, 2021

July 21, 2021

Proposed Order Findings

July 21, 2021

July 21, 2021

Notice of Hearing Motion for Summary Judgment; Continued to September 17, 2021

July 21, 2021

July 21, 2021

Notice of Hearing Motion for Summary Judgment

July 26, 2021

July 26, 2021

Response

Sept. 3, 2021

Sept. 3, 2021

Affidavit Declaration Certificate Confirmation of Service

Sept. 3, 2021

Sept. 3, 2021

Declaration Affidavit Yobachi Frazier

Sept. 3, 2021

Sept. 3, 2021

Declaration Affidavit Cory Zaharko

Sept. 3, 2021

Sept. 3, 2021

Declaration Affidavit George Augustine

Sept. 3, 2021

Sept. 3, 2021

Declaration Affidavit Luis Cruz

Sept. 3, 2021

Sept. 3, 2021

Declaration Affidavit Felix Sitthivong

Sept. 3, 2021

Sept. 3, 2021

Declaration Affidavit Jason Roberts

Sept. 3, 2021

Sept. 3, 2021

Declaration Affidavit Jason Roberts

Sept. 3, 2021

Sept. 3, 2021

Proposed Order Findings

Sept. 7, 2021

Sept. 7, 2021

Declaration Affidavit of Counsel

Sept. 9, 2021

Sept. 9, 2021

Proposed Order Findings

Sept. 9, 2021

Sept. 9, 2021

Motion Defendant's to Strike

Sept. 9, 2021

Sept. 9, 2021

Notice of Hearing Defendant's Motion to Strike

Sept. 9, 2021

Sept. 9, 2021

Reply

Sept. 10, 2021

Sept. 10, 2021

Order Regarding Scheduled Civil Motion

Sept. 13, 2021

Sept. 13, 2021

Affidavit Declaration Certificate Confirmation of Service

Sept. 13, 2021

Sept. 13, 2021

Affidavit Declaration Certificate Confirmation of Service

Sept. 14, 2021

Sept. 14, 2021

Proposed Order Findings

Sept. 14, 2021

Sept. 14, 2021

Declaration Affidavit of Counsel Nicholas Straley

Sept. 14, 2021

Sept. 14, 2021

Response Plaintiff's to Motion to Strike

Sept. 14, 2021

Sept. 14, 2021

Reply Defendants' to Plaintiff's Response to Motion to Strike

Sept. 15, 2021

Sept. 15, 2021

Declaration Affidavit of Counsel in Support

Sept. 15, 2021

Sept. 15, 2021

Summary Judgment Parties Appearing Via Zoom at 10:30 a.m.

Sept. 17, 2021

Sept. 17, 2021

Motion Hearing Defendant's to Strike - Parties Appearing Via Zoom at 10:30 a.m.

Sept. 17, 2021

Sept. 17, 2021

Declaration Affidavit of Kimonti Carter

Sept. 17, 2021

Sept. 17, 2021

Summary Judgment Hearing

Sept. 17, 2021

Sept. 17, 2021

Proposed Order Findings

Oct. 5, 2021

Oct. 5, 2021

Order Granting Summary Judgment

Oct. 7, 2021

Oct. 7, 2021

Case Resolution Summary Judgment

Oct. 7, 2021

Oct. 7, 2021

Pre-Trial Conference

May 13, 2022

May 13, 2022

Jury Trial 10 Days

June 13, 2022

June 13, 2022

Financial Information

Case Details

State / Territory: Washington

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Oct. 29, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmates of Clallam Bay Correctional Center

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Columbia Legal Services (formerly Evergreen)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Washington Department of Corrections, State

Secretary of the Washington Department of Corrections, State

Assistant Secretary of Washington Department of Corrections, State

Superintendent of Clallam Bay Corrections Center, State

Superintendent of Washington State Penitentiary, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Solitary confinement/Supermax (conditions or process)

Type of Facility:

Government-run