Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 NICHOLAS B. STRALEY MELISSA R. LEE
2 COLUMBIA LEGAL SERVICES Institutions Project
3 101 Yesler Way, Suite 300 Seattle, WA 98104
4 (206) 464-0838

5

6

7

8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

9 TERESA FARRIS; WARDELL

10

BRAXTON; GIOVANNI KINSEY; GUADELUPE MONTEJANO;

11

THOMAS EDDINGTON; PAUL McVAY; FRANK MURILLO;

12

RICHARD VINSON, and all other people who are similarly situated;

CLASS ACTION
No.
COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

13

Plaintiffs,

14

v.

15

16

FRANKLIN COUNTY, SHERIFF RICHARD LATHIM, and CAPTAIN

17 RICK LONG;

18

Defendants.

19

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 1

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

I. PRELIMINARY STATEMENT

2

1.1 Conditions at the Franklin County Jail in Pasco, Washington (“Jail”)

3 violate the constitutional rights of the people incarcerated there. Jail administrators

4 (“Defendants”) have ordered, authorized or condoned each of the following illegal

5 actions:

6

(a) chaining inmates to fixed objects for days on end;

7

(b) holding inmates in restraint chairs for many hours without

8

adequate cause or supervision;

9

(c) pepper spraying inmates without adequate cause or supervision;

10

(d) locking all inmates in their cells for a minimum of 23 hours a

11

day;

12

(e) denying inmates regular outdoor recreation;

13

(f) completely denying all inmates visitation with friends and

14

family and severely limiting all contact between inmates and

15

their families; and

16

(g) disciplining inmates without providing any procedural

17

protections.

18

1.2 The Defendants lock all inmates in their cells for at least twenty three

19 hours per day, with no programming, religious services, and only very rare

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 2

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 opportunity to breathe fresh air or see the sun. Rather than provide inmates with

2 disciplinary procedures, due process or adequate exercise, the Defendants

3 indiscriminately utilize restraint chairs, shackles, long-term isolation, and pepper

4 spray in an attempt to maintain order and to punish inmates.

5

1.3 The Defendants’ actions have caused inmates physical, emotional and

6 psychological injuries and deprived them of contact with their families. One

7 inmate recently died at the Jail and others have seriously injured themselves as a

8 result of the Defendants’ horrendous actions.

9

1.4 The Defendants’ actions violate the First, Eighth and Fourteenth

10 Amendment protections afforded the people incarcerated at the Jail. The

11 Defendants will continue to violate the rights of all inmates absent injunctive and

12 declaratory relief as requested below.

13

1.5 Inmates at the Jail have therefore brought this class action lawsuit

14 against the Jail administrators to stop the Jail’s widespread unconstitutional

15 practices.

16

II. PARTIES

17 A. PLAINTIFFS

18

2.1 Plaintiff Richard Vinson is an inmate who has been incarcerated at the

19 Jail since July 18, 2014.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 3

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

2.2 Plaintiff Teresa Farris is a pre-trial inmate who has been incarcerated

2 at the Jail since March 23, 2014.

3

2.3 Plaintiff Wardell Braxton is a pre-trial inmate who has been

4 incarcerated at the Jail since January 3, 2014.

5

2.4 Plaintiff Thomas Eddington is a pre-trial inmate who has been

6 incarcerated at the Jail since May 26, 2014.

7

2.5 Plaintiff Giovanni Kinsey is a pre-trial inmate who has been

8 incarcerated at the Jail since June 2, 2014.

9

2.6 Plaintiff Paul McVay is a pre-trial inmate who has been incarcerated

10 at the Jail since December 12, 2013.

11

2.7 Plaintiff Guadalupe Montejano is a pre-trial inmate who has been

12 incarcerated at the Jail since January 3, 2014.

13

2.8 Plaintiff Frank Murillo is a pre-trial inmate who has been incarcerated

14 at the Jail since April 30, 2014.

15 B. DEFENDANTS

16

2.9 Defendant Franklin County is a political subdivision of the State of

17 Washington. It operates the Franklin County Corrections Center (“Jail”) in which it

18 incarcerates people who have been charged with crimes and are awaiting trial (pre-

19 trial inmates) and people who have been convicted of crimes and are serving

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 4

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 criminal sentences (post-conviction inmates).

2

2.10 The Jail is located at 1016 N. 4th, Pasco, Franklin County, Washington

3 99301.

4

2.11 As the Jail operator, Defendant Franklin County is responsible for the

5 health, safety, and treatment of inmates detained in the facility and for the Jail’s

6 staffing and operations.

7

2.12 Franklin County is responsible and liable for the actions of all Jail

8 employees.

9

2.13 As detailed below Defendant Franklin County has failed to properly

10 train or supervise Franklin County employees and failed to properly promulgate

11 policies and standards to ensure that the Jail is operated in a constitutional manner.

12 2.14

Franklin County has delegated authority for the operation and

13 management of the Jail to the Franklin County Sheriff’s Office.

14

2.15 Defendant Richard Lathim is the Sheriff of Franklin County.

15

2.16 He administers the Franklin County Sheriff’s office which includes

16 several different divisions, including the Corrections Division.

17

2.17 The Corrections Division is responsible for operating the Jail.

18

2.18 Defendant Lathim is the Franklin County employee ultimately

19 responsible for the health, safety, and treatment of inmates detained in the Jail and

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 5

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 for ensuring the Jail’s safe and lawful operations.

2

2.19 He has delegated day to day operations of the Jail to his subordinate

3 Defendant Rick Long.

4

2.20 Defendant Lathim is regularly on-site at the Jail.

5

2.21 The material facts set out below are all known to Defendant Lathim

6 and all actions described were taken or continue to be taken by Jail staff at his

7 explicit direction and/or with his knowledge and consent.

8

2.22 In addition as detailed below Defendant Lathim has failed to properly

9 train or supervise Franklin County Sheriff’s Department employees and failed to

10 properly promulgate policies and standards to ensure that the Jail is operated in a

11 constitutional manner.

12

2.23 He is sued in his official capacity.

13

2.24 The Correction Division employs a number of correctional officers

14 and other staff in order to operate the Jail.

15

2.25 Defendant Captain Rick Long is the Corrections Division and the

16 Jail’s chief administrator.

17

2.26 As chief administrator of the Jail, Defendant Long immediately

18 supervises all Jail employees and creates and administers Jail policies, procedures

19 and standards.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 6

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

2.27 He is responsible for the health, safety, and treatment of inmates

2 detained in the facility and for the Jail’s staffing and operation.

3

2.28 As the chief Jail administrator, Defendant Long is responsible and

4 liable for the actions of all Jail employees.

5

2.29 Defendant Long is physically present at the Jail on a daily basis and

6 oversees its day to day operations.

7

2.30 The material facts set out below are all known to Defendant Long and

8 all actions described were taken or continue to be taken by Jail staff at his explicit

9 direction and/or with his knowledge and consent.

10

2.31 In addition as detailed below Defendant Long has failed to properly

11 train or supervise Corrections Division employees and failed to properly

12 promulgate policies and standards to ensure that the Jail is operated in a

13 constitutional manner.

14

2.32 He is sued in his official capacity.

15

III. JURISDICTION AND VENUE

16

3.1 This Court has jurisdiction over the federal claims presented in this

17 action pursuant 28 U.S.C. § 1331 (federal question) and 42 U.S.C. § 1983 (civil

18 rights). Declaratory relief is authorized by 28 U.S.C. §§ 2201 - 2202.

19

3.2 Venue is proper in this judicial district under 28 U.S.C. § 1391(b)

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 7

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 because all of the events that support the allegations occurred in this judicial

2 district and because the Plaintiffs are incarcerated in this judicial district.

3

IV. CLASS ACTION ALLEGATIONS

4

4.1 Plaintiffs named above bring this action on their own behalves and

5 pursuant to Rule 23(a) and 23(b) (2) of the Federal Rules of Civil Procedure, on

6 behalf of a class of similarly situated persons.

7

4.2 The proposed class is defined as:

8

All people who are currently incarcerated in the Franklin

County Corrections Center and all people who will be

9

incarcerated there in the future.

10

4.3 The Plaintiffs bring all claims asserted below on behalf of themselves

11 and all members of the class.

12

4.4 The Plaintiff class is so numerous that joinder is impracticable. Upon

13 information and belief, the Jail houses more than 180 men and women per night.

14

4.5 There are questions of law common to the plaintiff class including:

15

(a) Whether the Defendants require, authorize and/or condone the

16

unreasonable, unconstitutional use of force against people

17

incarcerated at the Jail;

18

(b) Whether the Defendants require, authorize and/or condone the

19

unreasonable, unconstitutional use of restraints against people

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 8

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

incarcerated at the Jail;

2

(c) Whether the Defendants require, authorize and/or condone the

3

unreasonable, unconstitutional isolation of people incarcerated

4

at the Jail in inhumane and barbaric conditions;

5

(d) Whether the Defendants require, authorize and/or condone the

6

unreasonable, unconstitutional lockdown of people incarcerated

7

at the Jail in their cells for 23 hours or more per day;

8

(e) Whether the Defendants require, authorize and/or condone the

9

unreasonable, unconstitutional denial of access to the out of

10

doors to people incarcerated at the Jail;

11

(f) Whether the Defendants require, authorize and/or condone the

12

unreasonable, unconstitutional denial of contact between people

13

incarcerated in the Jail and their families and friends; and

14

(g) Whether the Defendants require, authorize and/or condone the

15

unreasonable, unconstitutional conditions to which people

16

incarcerated in the Jail are subject.

17

4.6 The Defendants have acted and refused to act on grounds generally

18 applicable to the class, thereby making appropriate class-wide injunctive and

19 declaratory relief.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 9

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

V. FACTS

2

5.1 The Jail was originally built to house 105 inmates, but has held up to

3 239 people per night. The average daily population is 196.

4

5.2 The Jail population fluctuates, but on average male inmates make up

5 approximately 87 percent of the Jail daily population.

6

5.3 People are booked into the Jail and other people are released from the

7 Jail every day.

8

5.4 Some people awaiting trial remain in the Jail for many months.

9

5.5 Other people live in the Jail while serving criminal sentences of less

10 than a year or serving out violations of community custody or other conditions of

11 their criminal sentences.

12

5.6 The Jail is currently undergoing an expansion and remodel.

13

5.7 The remodeling of the Jail will not resolve the unconstitutional

14 conditions described below.

15 A. IMPROPER USE OF FORCE AND RESTRAINTS

16

5.8 Rather than meet their constitutional obligations to run a humane jail,

17 the Defendants authorize and supervise the regular and inappropriate use of force

18 and restraints by Jail staff against inmates.

19

5.9 A jail’s use of force against inmates is constitutional only in limited

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 10

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 circumstances involving self-defense, protection of others, protection of property,

2 and to prevent escapes.

3

5.10 Jail staff may use physical force only as a last resort.

4

5.11 A jail’s use of restraints is constitutional only in limited circumstances

5 and only as long as is necessary to address an immediate threat of harm to people

6 or property.

7

5.12 Any use of force or restraints must be done in accordance with

8 specific, written policies, procedures and standards.

9

5.13 A jail may not use physical force or restraints to punish inmates.

10

5.14 The Defendants’ actions regularly violate these constitutional

11 limitations.

12

5.15 At the Defendants’ instructions and with their consent, Jail staff

13 regularly:

14

(a) chain inmates to fixed objects for long periods of time;

15

(b) strap inmates into a restraint chair without proper supervision or

16

training;

17

(c) Otherwise restrain inmates without proper supervision or

18

training;

19

(d) pepper sprays inmates without proper supervision or training;

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 11

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

and

2

(e) lock inmates into segregation or isolation without proper

3

supervision or training and in deplorable and inhumane

4

conditions

5

5.16 Jail staff under the Defendants’ direct supervision use force and

6 restraints against inmates, many of whom suffer from medical or mental health

7 conditions that are exacerbated by the inappropriate conduct.

8

5.17 The Defendants have explicitly authorized Jail staff to use chains,

9 pepper spray, the restraint chair, and segregation or isolation, against or on inmates

10 in an unreasonable and unconstitutional manner or have consented to such use.

11

5.18 The Defendants have not promulgated written policies, procedures or

12 standards that govern the Jail staff’s use of restraints, pepper spray, or segregation

13 or isolation, against or on inmates.

14

5.19 Upon information and belief, the Defendants have not properly trained

15 Jail staff on the use of restraints, pepper spray, or segregation or isolation, against

16 or on inmates.

17

5.20 The Defendants have failed to properly supervise Jail staff and so Jail

18 staff has used restraints, pepper spray, and segregation or isolation, against or on

19 inmates in an unreasonable and unconstitutional manner.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 12

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.21 Because the Defendants have no written policies, procedures or

2 standards, and have not trained or properly supervised Jail staff, the staff will

3 continue to use unreasonable, unconstitutional levels of force and restraints against

4 people incarcerated at the Jail into the future, absent court action enjoining

5 Defendants’ conduct.

6

5.22 As a result of the Defendants’ unconstitutional conduct, plaintiffs and

7 members of the class have suffered physical, mental and emotional injuries and

8 pain and suffering. Plaintiffs and members of the class will continue to suffer such

9 injuries in the future absent court action enjoining Defendants’ conduct.

10 B. FACTS ABOUT CHAINS, SHACKLES AND THE RESTRAINT

CHAIR 11

5.23 A jail may not use restraints that cause physical injury or pain to

12 inmates or as a form of punishment.
13

5.24 As detailed below, the Defendants have done so.

14

5.25 The Defendants use the restraint chair and shackles to punish inmates.

15 5.26 The restraint chair is a device into which an inmate is strapped at the
16 hands, legs and chest.
17

5.27 Once strapped in, the inmate is completely immobilized and unable to

18

feed himself, obtain water to drink, or use a bathroom without the intervention of

19 Jail staff.
20

CLASS ACTION COMPL. FOR INJ. 21 AND DECL. RELIEF -- 13

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.28 Unless Jail staff provide the inmate with water and food and allow the

2 inmate out of the restraint chair to use the bathroom, the inmate will have no

3 access to food or water, and will be forced to urinate or defecate upon himself.

4

5.29 At times, Jail staff also place a hood over an inmate’s head while the

5 inmate is immobilized in the restraint chair.

6

5.30 Inmates confined to the restraint chair must be closely evaluated prior

7 to being restrained to identify medical or mental health conditions that would

8 render use of the chair inhumane and pose a serious risk of harm.

9

5.31 Inmates confined to the restraint chair must be closely monitored

10 while restrained to the chair to ensure that the use of the restraint chair does not

11 exacerbate or create medical or mental health conditions.

12

5.32 Inmates should not be restrained in a restraint chair for more than a

13 short period of time.

14

5.33 Inmates held in restraint chairs must be given periodic breaks during

15 which they can stretch out their legs, arms and backs, and use the restroom.

16

5.34 Only inmates who constitute an immediate danger to themselves or

17 others should be restrained in the chair.

18

5.35 Inmates must be removed from the chair as soon as they no longer

19 constitute a threat to themselves or others.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 14

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.36 Inmates must be removed from the chair immediately upon the

2 cessation of the behavior that caused them to be placed in the chair.

3

5.37 The restraint chair should only be used as a last resort, and should not

4 be used when any other less restrictive means to protect the inmate or others is

5 available.

6

5.38 The restraint chair may only be used at the direction and supervision

7 of a qualified medical professional who has evaluated the person to be restrained in

8 the chair and determined that it is the only appropriate means to protect the

9 individual or others under the circumstances.

10

5.39 A qualified, medical professional must authorize any prolonged

11 restraint of a person in the chair following direct observation of the individual

12 being restrained.

13

5.40 The same qualified, medical professional must reauthorize use on a

14 periodic basis throughout the duration of the person’s restraint.

15

5.41 Jail staff must constantly monitor and observe the person restrained in

16 the chair to ensure that the person is not suffering pain or injury because of the

17 restraints.

18

5.42 Use of the restraint chair without proper medical supervision and for a

19 prolonged period of time can cause serious medical complications and injure the

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 15

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 person restrained in the chair.

2

5.43 Unfortunately, the Defendants utilize the restraint chair in inhumane

3 ways.

4

5.44 Jail staff do not place the restraint chair in a private area with direct

5 supervision.

6

5.45 Instead, the Defendants have authorized Jail staff to use the restraint

7 chair in the Booking area of the Jail, one of the most well-traveled areas of the Jail.

8

5.46 Inmates, correctional officers, other staff, construction workers, police

9 officers and other people are present in the Booking area of the Jail throughout the

10 day and night.

11

5.47 Any inmate who is being transported to court or leaving the Jail

12 travels through the Booking Area.

13

5.48 Inmates meet with their attorneys in the Booking Area.

14

5.49 Construction workers work in and around the Booking Area

15 throughout the day.

16

5.50 People who have been arrested and brought to the Jail are processed in

17 the Booking Area within feet of the person being restrained.

18

5.51 Every person who enters the Booking Area sees the person restrained

19 in the restraint chair.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 16

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.52 The Defendants’ practice is to strap the inmate down in the restraint

2 chair and turn the restraint chair to a wall so that the inmate stares at only the wall.

3

5.53 Jail staff restrain inmates in the restraint chair for hours or days on

4 end, often in nothing but their underwear or naked.

5

5.54 It is not uncommon for people in the restraint chair to urinate or

6 defecate upon themselves.

7

5.55 It is not uncommon for people in the restraint chair to beg to be

8 released from the chair.

9

5.56 During this entire period, the person restrained is seen and heard by

10 anyone within the Booking Area.

11

5.57 People held in the restraint chair in the Booking Area are subject to

12 on-going and public humiliation in the most heavily trafficked area of the Jail.

13

5.58 Qualified medical professionals do not monitor the person restrained

14 in the chair or perform evaluations of the person prior to being placed in the chair.

15

5.59 Qualified medical professionals do not authorize the initial use of the

16 restraint chair and do not authorize on-going use of the restraint chair.

17

5.60 Jail staff do not provide regular bathroom breaks and do not

18 periodically allow inmates out of the restraint chair to stretch and move around.

19

5.61 The Defendants have directed Jail staff to utilize the restraint chair in

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 17

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 this manner or approved of the use of the chair in this manner.

2

5.62 The Defendants have not promulgated any written standards by which

3 Jail staff can appropriately measure the use of the restraint chair or determine the

4 conditions under which is warranted.

5

5.63 The Defendants have not promulgated written policies or procedures

6 regarding the restraint chair that ensure that inmates are properly cared for while

7 restrained and only restrained for an appropriate period of time.

8

5.64 The Defendants have not trained Jail staff on the appropriate use of

9 the restraint chair.

10

5.65 The Defendants have restrained Plaintiffs McVay, Montejano, Kinsey,

11 and Vinson in the restraint chair on a number of occasions during the Spring and

12 Summer of 2014 for many hours without cause and without properly monitoring

13 the men.

14

5.66 Jail staff placed Plaintiff Richard Vinson in the restraint chair after he

15 engaged in self-harm and has kept him there for a number of days.

16

5.67 Mr. Vinson was placed in the restraint chair on or before July 31,

17 2014.

18

5.68 As of the filing of this lawsuit on August 2, 2014, Mr. Vinson

19 remained in the restraint chair.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 18

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.69 Michael Campbell was booked into the Franklin County Jail.

2

5.70 A few days later, on July 12, 2014, Jail staff found Mr. Campbell dead

3 in his cell.

4

5.71 Defendants report that he died from a brain injury caused by an

5 alcohol-induced seizure and fall.

6

5.72 Mr. Campbell had been held in the restraint chair for a period of time

7 between his booking and his death.

8

5.73 On two occasions, the Defendants held Mr. McVay in the restraint

9 chair for 20 hours or more at a time.

10

5.74 On at least one occasion, Mr. McVay was forced to urinate on himself

11 because the Defendants did not provide him with access to a bathroom.

12

5.75 Mr. Montejano was restrained in the chair on a number of occasions,

13 once for more than 12 hours.

14

5.76 Jail staff placed Plaintiff Giovanni Kinsey in the restraint chair for

15 hours on at least two occasions without justification and without proper

16 monitoring.

17

5.77 Mr. Kinsey was forced to urinate upon himself because Jail staff

18 refused to allow him regular bathroom breaks.

19

5.78 Plaintiffs McVay, Montejano and Kinsey were restrained in the

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 19

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 restraint chair with metal handcuffs and ankle shackles.

2

5.79 The metal handcuffs and ankle shackles chafed the men’s wrists and

3 ankles causing blistering and pain.

4

5.80 No medical personnel evaluated the men prior to or during any of

5 their time in the restraint chair to determine whether the use of the restraint chair

6 was medically appropriate.

7

5.81 The men were restrained in the restraint chair far beyond any

8 reasonable time and far beyond any time necessary to ensure that the men were not

9 a danger to themselves or others.

10

5.82 The Defendants regularly strap other inmates into the restraint chair

11 for long periods of time without cause and without proper supervision or medical

12 monitoring.

13

5.83 Jail staff regularly use the restraint chair against inmates who pose no

14 risk to themselves or others.

15

5.84 Jail staff regularly use the restraint chair against inmates when other

16 less restrictive alternatives exist.

17

5.85 Jail staff regularly use the restraint chair against inmates with mental

18 illness without providing proper mental health care or keeping them in a more

19 appropriate therapeutic setting.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 20

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.86 Jail staff, at the Defendants’ direction or with their approval, regularly

2 chain inmates to fixed objects for long periods of time and in a manner that causes

3 physical and psychological injury to inmates.

4

5.87 It is never appropriate to chain any person to a fixed object for any

5 period of time.

6

5.88 There is always an appropriate, less restrictive alternative to chaining

7 people to a fixed object.

8

5.89 Chaining inmates with mental illness to fixed objects is particularly

9 barbaric.

10

5.90 Jail staff, at the Defendants’ direction or with their approval, chain

11 inmates to fixed objects for days on end without medical evaluation or monitoring.

12

5.91 Jail staff, at the Defendants’ direction or with their approval, regularly

13 chain people to a fence or cage in the Booking Area of the Jail.

14

5.92 Jail staff, at the Defendants’ direction or with their approval, leave

15 these inmates chained to the fence or cage for hours or days on end.

16

5.93 Inmates chained to the fence are forced to sleep on the floor of the

17 Booking Area.

18

5.94 Upon information and belief, many of the inmates Jail staff chain up

19 in the Booking Area suffer from serious mental health conditions.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 21

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.95 Many of the inmates Jail staff, chain up in the Booking Area, at the

2 Defendants’ direction or with their approval, are suffering from suicidal thoughts.

3

5.96 Jail staff, at the Defendants’ direction or with their approval, chain

4 these inmates up rather than provide them appropriate mental health care or hold

5 them in an appropriate therapeutic setting.

6

5.97 Jail staff, at the Defendants’ direction or with their approval, chained

7 Plaintiff Richard Vinson to the fence for at least a week in July 2014.

8

5.98 Jail staff used metal cuffs to shackle Mr. Vinson’s right ankle to the

9 fence by a short metal chain.

10

5.99 Mr. Vinson remained on the floor shackled in this way for a number

11 of days and nights.

12

5.100 Mr. Vinson is currently incarcerated in the Franklin County Jail

13 because he owes legal financial obligations and for violations of his low level

14 criminal sentences.

15

5.101 Mr. Vinson suffers from severe mental illness.

16

5.102 After a week of being chained to the fence in the Booking Area and

17 sleeping on the floor in view of anyone who entered Booking, Mr. Vinson bit off

18 his left pinky.

19

5.103 Jail staff transported him to the hospital and returned him to the

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 22

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 Booking Area floor the same night.

2

5.104 Upon returning to the Jail, Jail staff, at the Defendants’ direction or

3 with their approval, chained Mr. Vinson’s right ankle and right wrist to the fence

4 with metal cuffs.

5

5.105 Sometime later, Mr. Vinson bit off another finger on his left hand.

6 Jail staff, at the Defendants’ direction or with their approval, then chained Mr.

7 Vinson into a chair where he has remained ever since.

8

5.106 During the same period of time in July 2014, Jail staff, at the

9 Defendants’ direction or with their approval, chained a woman to the fence for four

10 days with a metal cuff around her left ankle.

11

5.107 She repeatedly assured staff that she was not suicidal and wanted to be

12 released from the fence.

13

5.108 Jail staff refused to release her.

14

5.109 Four days later a mental health specialist finally spoke with her briefly

15 and immediately sent her back to her cell.

16

5.110 Jail staff, at the Defendants’ direction or with their approval, regularly

17 chain other inmates to the fence in Booking by their legs or arms using metal cuffs

18 for prolonged periods of time.

19

5.111 This prolonged shackling causes injuries to wrists and ankles that

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 23

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 worsen the longer the Defendants keep the people chained.

2

5.112 Jail staff, at the Defendants’ direction or with their approval, also

3 regularly chain inmates to fixed objects with metal cuffs and shackles in other parts

4 of the Jail.

5

5.113 The Defendants have chained Plaintiffs McVay, Montejano and

6 Kinsey to fixed objects with shackles and chains.

7

5.114 Jail staff, at the Defendants’ direction or with their approval, chained

8 up Mr. Kinsey in a holding cell for three days during the Spring of 2014.

9

5.115 Jail staff, at the Defendants’ direction or with their approval, lay Mr.

10 Kinsey upon a slab in the holding cell and stretched his arms out above his head.

11

5.116 The Jail staff attached metal hand cuffs to Mr. Kinsey’s wrists and

12 chained the handcuffs to a bracket installed on the wall of the holding cell.

13

5.117 The Jail staff also placed Mr. Kinsey in ankle shackles and chained

14 these shackles to another bracket installed on the opposite wall of the cell.

15

5.118 Mr. Kinsey was chained in this position for at least three days.

16

5.119 Jail staff, at the Defendants’ direction or with their approval, similarly

17 chained Mr. McVay for a number of hours in a holding cell in the Jail in February

18 2014.

19

5.120 During the Spring of 2014, Jail staff, at the Defendants’ direction or

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 24

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 with their approval, shackled Plaintiffs McVay and Montejano and at least one

2 other man in four point restraints in their cells.

3

5.121 These restraints included metal handcuffs and ankle shackles attached

4 by a chain around the waist.

5

5.122 Mr. Montejano and the other man remained in their cells in these

6 shackles for four and one half days without being released.

7

5.123 Jail staff, at the Defendants’ direction or with their approval, confined

8 Mr. McVay for over 20 hours in the restraint chair and additional time shackled in

9 his cell during this period of time.

10

5.124 On or around June 2, 2014, Jail staff, at the Defendants’ direction or

11 with their approval, bolted steel plates with a metal ring to the floors of Mr.

12 Montejano’s and Mr. McVay’s cells.

13

5.125 Jail staff, at the Defendants’ direction or with their approval, placed

14 each man in ankle shackles that were attached by chain to two pairs of metal

15 handcuffs.

16

5.126 Jail staff, at the Defendants’ direction or with their approval, then

17 attached this device to the steel plates bolted to the cell floors with a cable.

18

5.127 Both men broke the cable cord but remained handcuffed and in ankle

19 shackles.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 25

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.128 Jail staff replaced the cable cord with a large chain and padlock the

2 next day and the Plaintiffs were again restrained.

3

5.129 While in mechanical restraints and shackled to the floor, Plaintiffs had

4 serious difficulty standing up or laying down.

5

5.130 The extended periods of shackling caused injury to each man and

6 exacerbated physical conditions.

7

5.131 The long-term use of metal handcuffs and ankles shackles caused

8 blisters, sores and open wounds to the men’s wrists and ankles.

9

5.132 The injuries to their wrists and ankles worsened over the hours and

10 days in which the men were shackled.

11

5.133 Except as noted, no medical staff visited any of the people chained to

12 fixed objects described above.

13

5.134 No qualified medical professional conducted any kind of medical or

14 mental health evaluation of any of the people chained up as described above.

15

5.135 The Defendants did not provide on-going medical or mental health

16 monitoring to any of the people during the period in which they were chained up as

17 described above.

18

5.136 The Defendants’ chaining has caused the named Plaintiffs and all

19 people subject to these barbaric, medieval actions physical injuries and pain and

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 26

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 suffering.

2

5.137 The Defendants will continue to direct, authorize or consent to the

3 chaining of people incarcerated at the Jail in the future absent court action.

4 C. FACTS ABOUT USE OF PEPPER SPRAY

5

5.138 The Defendants authorize or condone the use of pepper spray to

6 punish inmates.

7

5.139 Pepper spray, also known as OC spray, OC gas or capsicum spray, is a

8 chemical agent that attacks the eyes, throat and nasal passages and causes severe

9 pain, blindness, uncontrollable coughing and can in some cases permanently injure

10 someone sprayed or cause death.

11

5.140 Repeated exposure to OC spray can cause permanent injury.

12

5.141 The risk of death increases if individuals suffering from asthma, on

13 drugs, or subject to restraining techniques that restrict breathing passages are

14 sprayed.

15

5.142 Jail Staff carry pepper spray on them at all times when on duty in the

16 Jail.

17

5.143 Upon information and belief, the Defendants have not ensured that all

18 Jail Staff are properly trained in the appropriate use of pepper spray or the proper

19 means by which people who have been sprayed must be decontaminated.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 27

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.144 Jail staff, at the Defendants’ direction or with their approval, pepper

2 sprayed Plaintiffs McVay and Montejano on a number of occasions during the

3 Spring of 2014.

4

5.145 On number of occasions, Jail staff either opened Mr. McVay’s cell

5 door and sprayed pepper spray directly into his eyes, nose and mouth without

6 sufficient cause or warning, or sprayed him with pepper spray though cracks in his

7 door or through the cuffport in his cell door without sufficient cause or warning.

8

5.146 On a number occasions, Jail staff opened Mr. Montejano’s cell door

9 and sprayed pepper spray directly into his eyes, nose and mouth without sufficient

10 cause or warning or sprayed him through cracks in his cell door or through the

11 cuffport in his cell door, even though he posed no immediate danger to himself or

12 others.

13

5.147 Jail staff, at the Defendants’ direction or with their approval, has

14 pepper sprayed other members of the class in similar ways and in similar

15 circumstances.

16

5.148 Jail staff pepper sprayed these people without guidance from any

17 written policy, procedure or standard of use and without sufficient training.

18

5.149 Jail staff did not properly decontaminate either Mr. McVay, Mr.

19 Montejano, or the other people who were sprayed after any of these pepper

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 28

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 spraying incidents.

2

5.150 Jail staff did not provide Mr. McVay, Mr. Montejano or the other

3 people with appropriate medical treatment or evaluation after any of these pepper

4 spraying incidents.

5

5.151 Each of these pepper spraying incidents caused the people sprayed

6 severe pain and suffering.

7

5.152 The Defendants directed Jail staff to utilize pepper spray in the

8 manner described above, or after becoming aware that Jail staff were utilizing

9 pepper spray in the manner described above and took no action to better train or

10 supervise Jail staff on the use of pepper spray.

11

5.153 Jail staff will continue to use pepper spray against people incarcerated

12 at the Jail without cause, without proper training or supervision, without adequate

13 written policies, procedures or standards absent court intervention.

14 D. FACTS ABOUT SEGREGATION AND ISOLATION

15

5.154 The Defendants also punish inmates by placing them in isolation and

16 segregation.

17

5.155 The Defendants then subject inmates in segregation to demeaning and

18 inhumane conditions.

19

5.156 The Defendants have designated G Tank in the Jail as the segregation

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 29

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 unit of the Jail. Inmates and Jail staff call G Tank “the Hole.”

2

5.157 Jail Staff, at the Defendants’ direction or with their approval, place

3 inmates in G-Tank who Jail Staff perceive to have violated Jail.

4

5.158 The people in G-Tank are housed in cells by themselves, without a

5 cellmate.

6

5.159 The Defendants allow the people housed in G-Tank out of their cells

7 for only one hour and only on Mondays, Wednesdays and Fridays.

8

5.160 Otherwise the people in G-Tank are locked alone in their cells.

9

5.161 The Defendants punish inmates in G-Tank by denying them clothing,

10 mattresses and blankets.

11

5.162 The Defendants denied Plaintiffs McVay and Montejano clothing, a

12 blanket or a mattress for many weeks during the Spring and Summer of 2014.

13

5.163 By seizing their mattresses, blankets and clothes, the Defendants

14 forced Mr. McVay and Mr. Montejano to sleep directly upon concrete slabs in their

15 cells and without any protection from the cold temperatures in their cells.

16

5.164 Plaintiff McVay injured his shoulder as a result of sleeping on the

17 concrete slab with no mattress.

18

5.165 Plaintiff Montejano suffered severe back pain as a result of sleeping

19 on the concrete slab.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 30

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.166 The lights in Mr. McVay and Mr. Montejano’s isolation cells do not

2 work.

3

5.167 The Defendants have refused to repair the lights.

4

5.168 Because of the lack of lights in the cells the men remain in the dark

5 for hours on end.

6

5.169 As a result of the lack of lighting in his cell, Plaintiff Montejano

7 tripped over the metal shackle plate the Jail staff, at the Defendants’ direction or

8 with their approval, installed in his cell and injured his knee.

9

5.170 The Defendants disconnected running water to Mr. Montejano and

10 Mr. McVay’s cells during the Spring of 2014. The Defendants did not restore

11 water to the cells until July 29, 2014.

12

5.171 The lack of running water required Mr. Montejano and Mr. McVay to

13 sit in their cells in the presence of their own bodily waste for long periods of time.

14

5.172 The cell block in which the men live periodically floods, sending raw

15 sewage into the men’s cells.

16

5.173 Jail staff, at the Defendants’ direction or with their approval, fail to

17 promptly clean up the cells after these floods.

18

5.174 The Defendants refused to provide Mr. Montejano and Mr. McVay

19 cleaning supplies to clean their cells for many months.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 31

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.175 The Defendants finally allowed Mr. McVay and Montejano to mop

2 out their cells for the first time at the end of July, 2014.

3

5.176 The Defendants forced the Plaintiffs to live in filthy and unsanitary

4 conditions because the Defendants deprived them of the supplies necessary to

5 maintain minimally sanitary cells.

6

5.177 The Defendants treat other inmates in a similar fashion and will

7 continue to do so in the future absent court action.

8

5.178 Jail staff, at the Defendants’ direction or with their approval, placed

9 Plaintiff Frank Murillo in isolation and segregation and subjected him to the

10 conditions in G-Tank for a number of days in July 2014.

11

5.179 Jail staff, at the Defendants’ direction or with their approval, placed

12 Plaintiff Giovanni Kinsey in isolation and segregation and subjected him to the

13 conditions in G-Tank for number of days in June 2014.

14

5.180 Jail staff, at the Defendants’ direction or with their approval, have

15 placed other people in isolation and segregation and subjected them to the

16 conditions in G-Tank in the recent past.

17

5.181 Jail staff, at the Defendants’ direction or with their approval, will

18 continue to place other people in isolation and segregation and subject them to the

19 conditions in G-Tank in the future absent court intervention.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 32

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.182 The Defendants also segregate and isolate people in other areas of the

2 Jail.

3

5.183 Jail staff, at the Defendants’ direction or with their approval, forced

4 Plaintiff Teresa Farris to live in a cell by herself for a number of days on twenty

5 three hour lockdown.

6

5.184 Ms. Farris suffers from mental illnesses which make her extremely

7 afraid of being alone.

8

5.185 During the period of time in which Defendants’ isolated her in her cell

9 by herself, Ms. Farris became seriously depressed and had thoughts of suicide.

10

5.186 She repeated asked Jail staff to move her into a cell with another

11 person.

12

5.187 Jail staff ignored or refused her repeated requests.

13

5.188 Finally, a jail staff person took pity upon her and allowed her to move

14 into a cell with another person.

15

5.189 Jail staff, at the Defendants’ direction or with their approval, also

16 placed Plaintiff Wardell Braxton into segregation for a period of time while he was

17 housed in another pod in the Jail.

18

5.190 Any person at the Jail may be placed into segregation or isolation for

19 any actual or perceived violation of unstated and unclear Jail rules or policies.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 33

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.191 The Defendants threaten people incarcerated at the Jail with

2 segregation for even slight alleged transgressions.

3 E. DENIAL OF DUE PROCESS

4

5.192 Furthermore, the Defendants have isolated and segregated people and

5 have deprived them of other privileges or disciplined them in other ways without

6 providing them with notice or an opportunity to be heard by an impartial

7 decisionmaker.

8

5.193 The Defendants have not articulated uniform and consistent standards

9 that govern the discipline of inmates, or, to the extent that such standards exist, the

10 Defendants have authorized Jail staff to ignore and violate such standards when

11 imposing discipline upon inmates.

12

5.194 The Defendants regularly punish inmates by placing them in isolation

13 or segregation without cause and without providing them any due process prior to

14 placing them in isolation or segregation.

15

5.195 Jails may not discipline pre-trial inmates without providing them due

16 process of law.

17

5.196 Franklin County has passed an ordinance requiring that the Defendant

18 provide procedural protections before imposing any discipline upon people

19 incarcerated at the Jail.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 34

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.197 The ordinance allows the Defendants to discipline inmates by

2 isolating or segregating them, but requires the Defendants to provide specific

3 procedural protections before doing so.

4

5.198 The ordinance requires the Defendants to provide any inmate subject

5 to discipline for a violation of Jail rules, notice of the infraction, a hearing before a

6 panel of neutral decision-makers, a written decision and the opportunity to appeal

7 an unfavorable decision to Jail management.

8

5.199 The ordinance limits the use of segregation or isolation to no more

9 than 15 days for any one violation, and no more than thirty days for all violations

10 arising out of one incident.

11

5.200 This Franklin County ordinance tracks the procedural protections

12 afforded to pre-trial inmates by the Due Process Clause of the Fourteenth

13 Amendment to the United States Constitution.

14

5.201 The Defendants regularly violate the Constitution and Franklin

15 County’s ordinance by imposing isolation or segregation and other forms of

16 discipline against inmates without providing any procedural protections.

17

5.202 The Defendants do not provide inmates with any type of handbook,

18 rule book or written guidance regarding the rules, policies and procedures of the

19 facility when they enter the Jail or at any point thereafter.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 35

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.203 The Defendants have not posted copies of the facility’s rules, policies

2 and procedures anywhere in the Jail that is readily accessible to all inmates.

3

5.204 Nonetheless, the Jail staff, at the Defendants’ authorization and

4 supervision, often discipline inmates by segregating or isolating them or by taking

5 other adverse actions against them for unknown and arbitrary reasons.

6

5.205 The Defendants placed Plaintiff Wardell Braxton in isolation as

7 punishment for an alleged violation of Jail rules.

8

5.206 The Defendants did not provide Mr. Braxton anything in writing

9 regarding Jail rules before placing him in segregation.

10

5.207 The Defendants did not provide Mr. Braxton with notice of his

11 infraction or with a hearing prior to placing him in isolation.

12

5.208 The Defendants did not inform Mr. Braxton how long he could expect

13 to remain in segregation.

14

5.209 Mr. Braxton remained in isolation for days before the Defendants

15 released him without explanation.

16

5.210 The Defendants have held Plaintiff McVay in segregation in squalor

17 in G-Tank since February 28, 2014.

18

5.211 The Defendants did not provide him with written notice of the basis

19 for his isolation prior to placing him in segregation.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 36

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.212 The Defendants did not provide him with a hearing prior to placing

2 him in segregation or at any subsequent time.

3

5.213 The Defendants have failed to inform Mr. McVay how long he can

4 expect to remain in segregation.

5

5.214 The Defendants have held Mr. Montejano in segregation in squalor in

6 G-Tank for many months.

7

5.215 The Defendants did not provide him with written notice of the basis

8 for his isolation prior to placing him in segregation.

9

5.216 The Defendants did not provide him with a hearing prior to placing

10 him in segregation or at any subsequent time.

11

5.217 The Defendants have failed to inform Mr. Montejano how long he can

12 expect to remain in isolation and segregation.

13

5.218 The Defendants placed Plaintiffs Murillo and Kinsey into segregation

14 in G-Tank, without notice or an opportunity to be heard and without providing

15 them clear standards or rules by which they could judge their conduct.

16

5.219 The Defendants have placed other inmates in segregation without

17 cause, without providing any procedural protections and without providing inmates

18 notice of applicable Jail rules and the consequences of violating those rules.

19

5.220 Jail staff have taken away the out of cell time from all of the

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 37

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 Plaintiffs, including Plaintiffs Farris and Eddington, at one point or another during

2 their incarceration, without notice and without an opportunity for a hearing to

3 contest the discipline.

4

5.221 Jail staff has done so to many other people incarcerated at the Franklin

5 County Jail as well.

6

5.222 The Defendants will continue to discipline people incarcerated in the

7 Jail without providing any procedural protections in the future absent court action.

8 F. JAIL-WIDE 23 HOUR LOCKDOWN

9

5.223 The Defendants have ordered the permanent lockdown of most people

10 incarcerated at the Jail.

11

5.224 Most inmates incarcerated in the Jail are locked in their cells for at

12 least 23 hours a day.

13

5.225 Defendants allow the people in the G-Tank segregation cells out of

14 their cells for only one hour on Mondays, Wednesdays and Fridays.

15

5.226 A few people with jobs within the Jail are allowed out of their cells

16 more often.

17

5.227 With the exception of the segregation cells in G-Tank, in which

18 people are confined alone, people in other pods generally share cells with one to

19 three other inmates.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 38

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.228 However, even in other pods it is not uncommon for the Defendants to

2 house individuals alone in cells.

3

5.229 If housed with others, the people in each cell conduct all of their

4 intimate activities in close proximity to and in direct view of all of the other people

5 in the cell during all of their 23 hours locked down.

6

5.230 Plaintiffs have very few activities that they can pursue while locked in

7 their cells 23 or more hours a day.

8

5.231 The Defendants do not provide any type of programming to people

9 incarcerated in the Jail.

10

5.232 The Defendants do not provide any religious services to people

11 incarcerated in the Jail.

12

5.233 The Defendants do not provide any education services, therapeutic

13 groups or athletic recreation to people incarcerated in the Jail.

14

5.234 There is no law library or other type of library.

15

5.234 Cells do not have radios or televisions.

16

5.235 Nor do the dayrooms into which people are released on their hour out.

17

5.236 The Defendants release the inmates from one cell at a time into the

18 day room in each cell block and then only for an hour.

19

5.237 During their one hour out a day, people are expected to shower,

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 39

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 exercise and use the telephone.

2

5.238 All of these activities occur within the pod dayroom to which a few

3 individual cells are attached.

4

5.239 With few exceptions, everyone incarcerated at the Jail is on lockdown

5 at least twenty three hours a day, without regard to their individual criminal

6 charges or their past conduct while incarcerated.

7

5.240 The Defendants have no individualized, objective classification

8 system by which they identify the appropriate level of security and housing

9 assignment for each individual person depending on the individual characteristics

10 of each person.

11

5.241 Decisions regarding housing assignments and security levels are

12 arbitrary and ad hoc.

13

5.242 Inmates are placed in isolation without cause and without regard to

14 actual security needs of the Jail.

15

5.243An appropriate, objective, individualized classification system would

16 eliminate any need for a jail-wide, twenty three hour lockdown.

17

5.244 By locking most people in their cells for at least twenty three hours

18 per day, the Defendants have exacerbated many people’s existing mental health

19 conditions and caused all people incarcerated in the Jail physical, emotional and

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 40

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 psychological injuries.

2

5.245 The Defendants will continue to subject all members of the class to at

3 least 23 hour lockdown absent court intervention.

4 G. DENIAL OF OUTDOOR RECREATION

5

5.246 When inmates have their one hour out of cell time they are generally

6 only allowed into the day room of the pod to which their cell is attached.

7

5.247 The day rooms are not open to the outdoors.

8

5.248 The Jail has two small, concrete recreation pens.

9

5.249 The small pens are surrounded by tall concrete walls that have no

10 windows in them.

11

5.250 The roofs of the pens are open to the air.

12

5.251 The pens are empty. There are no benches, tables, or exercise

13 equipment in either of the pens.

14

5.252 The Jail does not allow people to take any kind of exercise or athletic

15 equipment into the pens with them and does not provide any such equipment to

16 them.

17

5.253 Even though these small pens exist, Defendants rarely allow any

18 inmates access to these pens.

19

5.254 Plaintiff Eddington has not been outside for a number of weeks and

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 41

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 only twice since he was booked into the Jail on May 26, 2014.

2

5.255 Similarly, Plaintiff Farris has only been outside on a couple of

3 occasions since March 23, 2014.

4

5.256 Plaintiffs McVay and Montejano have only been outside one time

5 during the entire time they have been incarcerated at the Franklin County Jail.

6

5.257 All inmates should have access to regular outside exercise and

7 recreation.

8

5.258 Many inmates have gone months at a time without ever breathing

9 fresh air or feeling the warmth of the sun.

10

5.259 Defendants denial of adequate outdoor exercise, sunlight and open air

11 and has caused the Plaintiffs and members of the class physical and psychological

12 harm.

13 H. DENIAL OF CONTACT WITH FAMILY

14

5.260 The Defendants through a series of steps have significantly and

15 unnecessarily limited inmates’ contact with their children, wives, husbands,

16 mothers, fathers, and other loved ones.

17

5.261 The Defendants have done this by prohibiting all face to face visits,

18 limiting mail to only two post cards per week, and restricting access to the

19 telephone.

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 42

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

5.262 The Defendants’ policies have seriously damaged inmates’

2 relationships with their family members.

3

5.263 The Defendants prohibit all face to face visitation between inmates

4 and their family or friends.

5

5.264 The Defendants have completely denied inmates face to face visits for

6 many months.

7

5.265 Because of Defendants’ policy, no person incarcerated at the Jail has

8 had a visit from family since February 2014.

9

5.266 The denial of face to face visits is particularly difficult for young

10 children and parents of young children.

11

5.267 Face to face contact is essential to maintain strong connections

12 between children and their parents.

13

5.268 Plaintiff Frank Murillo’s child was two months old when Mr. Murillo

14 was incarcerated at the Jail.

15

5.269 Mr. Murillo’s grandmother is currently visiting the Tri-Cities from out

16 of state.

17

5.270 Mr. Murillo has not seen his grandmother in a number of years.

18

5.271 Because of the Defendants’ policy, Mr. Murillo has had no contact

19 with his child for several months and will not be able to see his grandmother

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 43

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 during her visit to the area.

2

5.272 Similarly, Plaintiff Teresa Farris, who suffers from severe depression,

3 cannot receive visits from her sister or other family members.

4

5.273 The Defendants have unreasonably interfered with these relationships

5 by prohibiting all face to face visits.

6

5.274 In addition to denying all face to face contact, the Defendants prohibit

7 all non-legal mail, except for postcards.

8

5.275 The postcard-only policy prohibits inmates from receiving any written

9 communication from family of friends, except for postcards.

10

5.276 The postcard-only policy severely hampers inmates and their families

11 from sharing important, intimate information.

12

5.277 The Defendants limit indigent inmates to two post cards per week.

13

5.278 The Defendants will not deliver letters, pictures, children’s report

14 cards, drawings, medical records or other important documents sent to Plaintiffs

15 from their families if they are delivered in envelopes.

16

5.279 Any such items are either returned to the sender or held by the Jail.

17

5.280 The Defendants do not notify inmates about withheld mail and do not

18 deliver withheld mail to inmates.

19

5.281 Defendants also limit contact between people incarcerated in the jail

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 44

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 and their families by charging exorbitant rates for telephone calls.

2

5.282 Defendants charge $5.00 for every ten minutes of phone time.

3

5.283 Because of the huge charges, many people incarcerated in the Jail

4 cannot afford to call family members and family members cannot afford to accept

5 collect calls from inmates.

6

5.284 On their own, each of these policies severely and unreasonably limits

7 the ability of people to communicate with their families.

8

5.285 Together, the Defendants’ policies make it extremely difficult for

9 inmates to maintain contact with their children, parents, spouses, siblings, and

10 other loved ones.

11

5.286 Defendants’ unreasonable interference with familial relationships has

12 injured every Plaintiff and every member of the Plaintiff class.

13

5.287 No legitimate penological interests justify any of the Defendants’

14 illegal actions described above.

15

VI. CLAIMS FOR RELIEF

16

6.1 Based upon the facts alleged above, the plaintiffs make the following

17 claims for relief on behalf of themselves and all other similarly situated people:

18 FIRST CLAIM FOR RELIEF – VIOLATION OF DUE PROCESS CLAUSE

19

6.2 The Defendants Franklin County, Sheriff Richard Lathim and Captain

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 45

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1 Rick Long have acted under color of state law and violated rights secured to the

2 plaintiffs and members of the plaintiff class by the Due Process Clause of the

3 Fourteenth Amendment to the United States Constitution, which are actionable

4 pursuant to 42 U.S.C. § 1983, as follows:

5

(a) The Defendants have subjected the Plaintiffs and members of

6

the Plaintiff class to discipline without uniform and consistent

7

standards and without providing them notice or a hearing before

8

an impartial decision maker.

9

(b) The Defendants have punished the plaintiffs and members of

10

the plaintiff class or threatened to punish them by:

11

(i) Chaining them to fixed objects for long periods of time;

12

(ii) Restraining them in a restraint chair for long periods of

13

time without cause and without adequate monitoring;

14

(iii) Otherwise restraining them for long periods of time

15

without cause and without adequate monitoring;

16

(iv) Pepper spraying them without cause and by then failing

17

to provide them with adequate medical care or

18

decontaminating them;

19

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 46

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

(v) Isolating them alone in a cell without cause and without

2

appropriate supervision or monitoring;

3

(vi) Subjecting members in segregation to inhumane,

4

degrading and deplorable living conditions;

5

(vii) Locking all members of the class in their cells for a

6

minimum of twenty three hours a day without regard to

7

the individual member’s medical or mental health

8

condition and without any process by which to determine

9

the actual security needs of the institution or the

10

appropriate classification of individual members;

11

(viii) Barring them access to fresh air and outdoor recreation;

12

(ix) Confining them in a Jail in which all of the conditions

13

described above singly and collectively cause

14

unreasonable, unnecessary and wanton physical,

15

emotional and psychological injury to each plaintiff and

16

to every other member of the Plaintiff class;

17

(x) Failing to properly train staff in order to avoid staff

18

acting in the illegal and unconstitutional ways described

19

above;

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 47

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

(xi) Failing to properly supervise Jail staff in order to ensure

2

that staff act in legal and constitutional ways while

3

employed at the Jail; and

4

(xii) Failing to promulgate uniform and consistent policies,

5

procedures and standards so as to ensure that the Jail staff

6

operate the Jail in lawful manner.

7

SECOND CLAIM FOR RELIEF – VIOLATION OF

8

EIGHTH AMENDMENT

9

6.3 The Defendants Franklin County, Sheriff Richard Lathim and Captain

10 Rick Long have acted under color of state law and violated rights secured to the

11 plaintiffs and members of the plaintiff class by the Eighth Amendment to the

12 United States Constitution, which prohibits cruel and unusual punishment, which

13 are actionable pursuant to 42 U.S.C. § 1983, as follows:

14

(a) The Defendants have been deliberately indifferent to the

15

Plaintiffs’ health and safety by:

16

(i) Chaining them to fixed objects for long periods of time;

17

(ii) Restraining them in a restraint chair for long periods of

18

time without cause and without adequate monitoring;

19

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 48

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

(iii) Otherwise restraining them for long periods of time

2

without cause and without adequate monitoring;

3

(iv) Pepper spraying them without cause and by then failing

4

to provide them with adequate medical care or

5

decontaminating them;

6

(v) Isolating them alone in a cell without cause and without

7

supervision or monitoring;

8

(vi) Subjecting members in segregation to inhumane,

9

degrading and deplorable living conditions;

10

(vii) Locking all members of the class in their cells for a

11

minimum of twenty three hours a day without regard to

12

the individual member’s medical or mental health

13

condition and without any process by which to determine

14

the actual security needs of the institution or the

15

appropriate classification of individual members;

16

(viii) Barring them access to fresh air and outdoor recreation;

17

(ix) Confining them in a Jail in which all of the conditions

18

described above singly and collectively cause

19

unreasonable, unnecessary and wanton physical,

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 49

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

emotional and psychological injury to each plaintiff and

2

to every other member of the Plaintiff class;

3

(x) Failing to properly train staff in order to avoid Staff

4

acting in the illegal and unconstitutional ways described

5

above;

6

(xi) Failing to properly supervise Jail staff in order to ensure

7

that staff act in legal and constitutional ways while

8

employed at the Jail; and

9

(xii) Failing to promulgate uniform and consistent policies,

10

procedures and standards so as to ensure that the Jail staff

11

operate the Jail in lawful manner; govern the operations

12

of the Jail and procedures.

13

THIRD CLAIM FOR RELIEF – VIOLATION OF FIRST AMENDMENT

14

RIGHT OF ASSOCIATION

15

6.4 The Defendants Franklin County, Sheriff Richard Lathim and Captain

16 Rick Long have acted under color of state law and violated rights secured to the

17 plaintiffs and members of the plaintiff class by the First Amendment to the United

18 States Constitution, which are actionable pursuant to 42 U.S.C. § 1983, as follows:

19

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 50

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

(a) Barring the Plaintiffs or members of the Plaintiff class from

2

face to face visits with their family members and friends.

3

(b) Barring the Plaintiffs or members of the Plaintiff class from

4

sending or receiving mail to or from family members and

5

friends, with the exception of post cards.

6

(c) Barring the Plaintiffs and members of the Plaintiff class access

7

to affordable telephone services.

8

(d) Imposing these policies upon the Plaintiffs and the members of

9

the Plaintiff class which individually and collectively severely,

10

unreasonably and unnecessarily limits contact between people

11

incarcerated at the Jail and their family members and friends.

12

VII. PRAYER FOR RELIEF

13

The Plaintiffs respectfully request that this Court:

14

7.1 Certify this action as a class action.

15

7.2 Issue a declaratory judgment, pursuant to 28 U.S.C. § 2201, declaring

16 that:

17

(a) The Defendants have violated the rights secured the Plaintiffs

18

and the members of the Plaintiff class by the Eighth

19

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 51

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

Amendment and the Due Process Clause of the Fourteenth

2

Amendment to the United States Constitution by:

3

(b) disciplining the Plaintiffs and members of the Plaintiff class

4

without uniform and consistent standards and without providing

5

them notice or a hearing before an impartial decision maker.

6

(c) punishing the Plaintiffs and members of the Plaintiff class by

7

ordering, approving or condoning of the following actions by

8

Jail staff:

9

(i) Chaining them to fixed objects for long periods of time;

10

(ii) Holding them in a restraint chair for long periods of time

11

without cause and without adequate monitoring;

12

(iii) Otherwise restraining them for long periods of time

13

without cause and without adequate monitoring;

14

(iv) Pepper spraying them without cause and then denying

15

them adequate medical care and refusing to properly

16

decontaminate them;

17

(v) Isolating them alone in a cell without cause and without

18

appropriate supervision or monitoring;

19

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 52

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

(vi) Subjecting members in segregation to inhumane,

2

degrading and deplorable living conditions;

3

(vii) Locking them in their cells for a minimum of twenty

4

three hours a day without regard to the individual

5

member’s medical or mental health condition and

6

without any process by which to determine the actual

7

security needs of the institution or the appropriate

8

classification of individual members;

9

(viii) Barring them access to fresh air and outdoor recreation;

10

(ix) Confining them in a Jail in which all of the conditions

11

described above singly and collectively cause

12

unreasonable, unnecessary and wanton physical,

13

emotional and psychological injury to each plaintiff and

14

to every other member of the Plaintiff class;

15

(x) Failing to properly train staff in order to avoid staff

16

acting in the illegal and unconstitutional ways described

17

above;

18

(xi) Failing to properly supervise Jail staff in order to ensure

19

that staff act in legal and constitutional ways while

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 53

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

employed at the Jail;

2

(xii) Failing to promulgate uniform and consistent policies,

3

procedures and standards so as to ensure that the Jail staff

4

operate the Jail in a lawful manner;

5

(xiii) The Defendants have violated rights secured the

6

Plaintiffs and the members of the Plaintiff class by the

7

First Amendment of the United States Constitution by:

8

(xiv) Barring the Plaintiffs or members of the Plaintiff class

9

from face to face visits with their family members and

10

friends;

11

(xv) Barring the Plaintiffs or members of the Plaintiff class

12

from sending or receiving mail to or from family

13

members or friends, with the exception of post cards.

14

(xvi) Barring the Plaintiffs and members of the Plaintiff class

15

access to affordable telephone services.

16

(xvii) Imposing these policies upon the Plaintiffs and the

17

members of the Plaintiff class which individually and

18

collectively severely, unreasonably and unnecessarily

19

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 54

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

limits contact between people incarcerated at the Jail

2

and their family members.

3

7.3 Preliminarily and permanently enjoin the Defendants, their agents,

4 employees, and all persons acting in concert with them from:

5

(a) Disciplining any person incarcerated at the inmate without

6

proper notice and an opportunity for a hearing before an

7

impartial decision-maker and without complying with the

8

requirements of applicable statutes, laws or ordinances;

9

(b) Chaining any inmate to any fixed object for any reason and for

10

any length of time and using any restraints or chains without

11

uniform and consistent policies and procedures, without on-

12

going and appropriate medical evaluation and supervision and

13

without appropriate documentation, for an unreasonable period

14

of time or in a manner that causes physical or psychological

15

pain or injury;

16

(c) Restraining any inmate in a restraint chair without uniform and

17

consistent policies and procedures, without on-going and

18

appropriate medical evaluation and supervision, without

19

appropriate documentation, for unreasonable period of time or

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 55

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

in a manner that causes physical or psychological pain or

2

injury.

3

(d) Pepper spraying inmates without cause and without uniform

4

and consistent policies and procedures, without on-going and

5

appropriate medical evaluation and supervision, and without

6

appropriate documentation.

7

(e) Utilizing any other type of physical force against inmates

8

without cause and without uniform and consistent policies and

9

procedures, without on-going and appropriate medical

10

evaluation and supervision and without appropriate

11

documentation.

12

(f) Segregating or isolating any inmate without cause and without

13

uniform and consistent policies and procedures, without on-

14

going and appropriate medical evaluation and supervision, and

15

without appropriate documentation and for an unreasonable

16

period of time.

17

(g) Barring any inmate regular access to the out of doors;

18

(h) Locking any inmate in a cell alone or with other inmates for

19

long periods of time without regard to the inmate’s medical or

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 56

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

mental health condition and irrespective of the inmate’s conduct

2

or security classification;

3

(i) Barring any inmate regular visitation with family and friends;

4

(j) Barring any inmate from mailing or receiving mail other than

5

post cards;

6

(k) Barring any inmate access to affordable telephone services; and

7

(l) Subjecting any inmate to inhumane, degrading and deplorable

8

living conditions.

9

7.4 Appoint a Special Master pursuant to Fed. R. Civ. Pro. 53 to oversee

10 the Defendants’ compliance with any orders the Court will issue in the future.

11 Order the Defendants to provide all appropriate and necessary funds to compensate

12 the Special Master for his or her duties.

13

7.5 Award Plaintiffs’ reasonable attorneys’ fees and costs pursuant to 42

14 U.S.C. § 1988 and any other applicable statute or court rule.

15

7.6 Award Plaintiffs and members of the Plaintiff class such other and

16 further relief as justice may require.

17

18

19

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 57

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

Case 4:14-cv-05083-SAB Document 1 Filed 08/02/14

1

Respectfully submitted this 2nd day of August, 2014.

2 COLUMBIA LEGAL SERVICES
3

4 ____________ Nicholas
5 Colum
6 101
7 Seattle, (206)
8 (206) Nick.Stral
9

________________________ B. Straley, WSBA #25963 Attorney for Plaintiffs bia Legal Services Institutions Project Yesler Way, Suite 300 WA 98104 464-5933 – phone 382-3386 – fax ey@Columbialegal.org

10 ____________
11 Melissa
12 Colum
13 101 Seattle,
14 (206) (206)
15 Melissa.Lee@Colum

________________________ R. Lee, WSBA #38808 Attorney for Plaintiffs bia Legal Services Institutions Project Yesler Way, Suite 300 WA 98104 464-5933 – phone 382-3386 – fax
bialegal.org

16

17

18

19

20 CLASS ACTION COMPL. FOR INJ.
21 AND DECL. RELIEF -- 58

Columbia Legal Services Institutions Project
101 Yesler Way, #300 Seattle, WA 98104
Phone: (206) 464-0838 Fax: (206) 328-3386

 
 Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1

THE HONORABLE STANLEY A. BASTIAN

2 NICHOLAS B. STRALEY

MELISSA R. LEE 3 ANDRA KRANZLER

4 COLUMBIA LEGAL SERVICES Institutions Project
5 101 Yesler Way, Suite 300

6 Seattle, WA 98104 (206) 464-0838
7

8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

9 TERESA FARRIS; WARDELL
10 BRAXTON; GIAVONNI KINSEY;

CLASS ACTION

11 GUADELUPE MONTEJANO; THOMAS EDDINGTON; PAUL
12 McVAY; FRANK MURILLO;

No. 4:14-cv-05083-SAB FIRST AMENDED COMPLAINT

13

RICHARD VINSON, and all other people who are similarly situated;

FOR INJUNCTIVE AND DECLARATORY RELIEF

14

15

Plaintiffs,

16

v.

17
18 FRANKLIN COUNTY, SHERIFF RICHARD LATHIM, and CAPTAIN
19 RICK LONG;

20

Defendants.

21

22

I. PRELIMINARY STATEMENT

23 1.1 Conditions at the Franklin County Jail in Pasco, Washington (“Jail”)

24

25 violate the constitutional rights of the people incarcerated there. Jail administrators

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 1

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1 (“Defendants”) have ordered, authorized or condoned each of the following illegal

2 actions:

3

(a) chaining inmates to fixed objects for extended periods up to

4 days on end;
5

6

(b) holding inmates in restraint chairs for many hours without

7

adequate cause or supervision;

8

(c) pepper spraying inmates without adequate cause or supervision;

9

(d) locking all inmates in their cells for a minimum of 23 hours a 10

11

day;

12

(e) denying inmates regular outdoor exercise;

13

(f) completely denying all inmates visitation with friends and

14

15

family and severely limiting all contact between inmates and

16

their families; and

17

(g) disciplining inmates, seizing property and denying good time

18 without providing any procedural protections.
19

20

1.2 The Defendants lock all inmates in their cells for at least twenty three

21 hours per day, with no programming, religious services, and only very rare

22 opportunity to breathe fresh air or see the sun. Rather than provide inmates with

23 disciplinary procedures, due process or adequate exercise, the Defendants
24

25 indiscriminately utilize restraint chairs, shackles, long-term isolation, and pepper

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 2

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1 spray in an attempt to maintain order and to punish inmates.

2

1.3 The Defendants’ actions have caused inmates physical, emotional and

3 psychological injuries and deprived them of contact with their families. 4
1.4 The Defendants’ actions violate the First, Eighth and Fourteenth 5 6 Amendments to the United States Constitution and Article I sections 3, 4, 5 and 14

7 of the Washington Constitution, as well as Defendants’ duty to keep inmates at the

8 Jail in health and safety. The Defendants will continue to violate the rights of all
9 inmates absent injunctive and declaratory relief as requested below.
10

11

1.5 Inmates at the Jail have therefore brought this class action lawsuit

12 against the Jail administrators to stop the Jail’s widespread unconstitutional

13 practices. 14
15

II. PARTIES

16 A. PLAINTIFFS

17

2.1 Plaintiff Teresa Farris is a pre-trial inmate who has been incarcerated

18 at the Jail since March 23, 2014.
19

20

2.2 Plaintiff Wardell Braxton is a pre-trial inmate who has been

21 incarcerated at the Jail since January 3, 2014.

22

2.3 Plaintiff Thomas Eddington is a pre-trial inmate who has been

23 incarcerated at the Jail since May 26, 2014.
24

25

2.4 Plaintiff Giavonni Kinsey is a pre-trial inmate who has been

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 3

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1 incarcerated at the Jail since June 2, 2014.

2

2.5 Plaintiff Paul McVay is a pre-trial inmate who has been incarcerated

3 at the Jail since December 12, 2013. 4
2.6 Plaintiff Guadelupe Montejano is a pre-trial inmate who has been 5 6 incarcerated at the Jail since January 3, 2014.

7

2.7 Plaintiff Frank Murillo is a pre-trial inmate who has been incarcerated

8 at the Jail since April 30, 2014. 9
2.8 Plaintiff Richard Vinson is an inmate who has been incarcerated at the 10
11 Jail since July 18, 2014 except for a period of time during which he was

12 hospitalized at Eastern State Hospital.

13 B. DEFENDANTS

14

15

2.9 Defendant

Franklin County is a political subdivision of the State of

16 Washington. It operates the Franklin County Corrections Center (“Jail”) in which it

17 incarcerates people who have been charged with crimes and are awaiting trial (pre-

18 trial inmates) and people who have been convicted of crimes and are serving
19
20 criminal sentences (post-conviction inmates).

21

2.10 The Jail is located at 1016 N. 4th, Pasco, Franklin County, Washington

22 99301.

23 2.11 As the Jail operator, Defendant Franklin County is responsible for the
24

25 health, safety, and treatment of inmates detained in the facility and for the Jail’s

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 4

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1 staffing and operations.

2

2.12 Franklin County is responsible and liable for the actions of all Jail

3 employees. 4
2.13 As detailed below Defendant Franklin County has failed to properly 5 6 train or supervise Franklin County employees and failed to properly promulgate

7 policies and standards to ensure that the Jail is operated in a constitutional manner.

8 2.14

Franklin County has delegated authority for the operation and

9

management of the Jail to the Franklin County Sheriff’s Office. 10

11

2.15 Defendant Richard Lathim is the Sheriff of Franklin County.

12

2.16 Defendant Lathim administers the Franklin County Sheriff’s office

13 which includes several different divisions, including the Corrections Division.

14

15

2.17 The Corrections Division is responsible for operating the Jail.

16

2.18 Defendant Lathim is the Franklin County employee ultimately

17 responsible for the health, safety, and treatment of inmates detained in the Jail and

18 for ensuring the Jail’s safe and lawful operations.
19

20

2.19 Defendant Lathim has delegated day to day operations of the Jail to

21 his subordinate Defendant Rick Long.

22

2.20 Defendant Lathim is regularly on-site at the Jail.

23 2.21 The material facts set out below are known to Defendant Lathim and
24

25 all actions described were taken or continue to be taken by Jail staff at his explicit

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 5

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1 direction and/or with his knowledge and consent.

2

2.22 In addition, as detailed below, Defendant Lathim has failed to

3 properly train or supervise Franklin County Sheriff’s Department employees and 4
failed to properly promulgate policies and standards to ensure that the Jail is 5 6 operated in a constitutional manner.

7

2.23 Defendant Lathim is sued in his official capacity.

8

2.24 The Corrections Division employs a number of correctional officers

9

and other staff to operate the Jail. 10

11

2.25 Defendant Captain Rick Long is head of the Corrections Division and

12 the Jail’s chief administrator.

13

2.26 As chief administrator of the Jail, Defendant Long immediately

14

15 supervises all Jail employees and creates and administers Jail policies, procedures

16 and standards.

17

2.27 Defendant Long is responsible for the health, safety, and treatment of

18 inmates detained in the facility and for the Jail’s staffing and operation.
19

20

2.28 As the chief Jail administrator, Defendant Long is responsible and

21 liable for the actions of all Jail employees.

22

2.29 Defendant Long is physically present at the Jail on a regular basis and

23 oversees its day to day operations.
24

25

2.30 The material facts set out below are known to Defendant Long and all

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 6

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1 actions described were taken or continue to be taken by Jail staff at his explicit

2 direction and/or with his knowledge and consent.

3

2.31 In addition, as detailed below, Defendant Long has failed to properly

4 train or supervise Corrections Division employees and failed to properly
5

6 promulgate policies and standards to ensure that the Jail is operated in a

7 constitutional manner.

8

2.32 Defendant Long is sued in his official capacity.

9

III. JURISDICTION AND VENUE 10

11

3.1 This Court has jurisdiction over the federal claims presented in this

12 action pursuant to 28 U.S.C. § 1331 (federal question) and 42 U.S.C. § 1983 (civil
13 rights). Declaratory relief is authorized by 28 U.S.C. §§ 2201 - 2202. This Court 14 15 has supplemental jurisdiction over the state law claims presented in this action

16 pursuant to 28 U.S.C. § 1367.

17

3.2 Venue is proper in this judicial district under 28 U.S.C. § 1391(b)

18 because all of the events that support the allegations occurred in this judicial
19

20 district and because the Plaintiffs are incarcerated in this judicial district.

21

IV. CLASS ACTION ALLEGATIONS

22

4.1 Plaintiffs named above bring this action on their own behalves and

23 pursuant to Rule 23(a) and 23(b) (2) of the Federal Rules of Civil Procedure, on
24

25 behalf of a class of similarly situated persons.
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 7

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1

4.2 The proposed class is defined as:

2

All people who are currently incarcerated in the Franklin

County Corrections Center and all people who will be

3

incarcerated there in the future.

4 4.3 The Plaintiffs bring all claims asserted below on behalf of themselves
5

6 and all members of the class.

7

4.4 The Plaintiff class is so numerous that joinder is impracticable. The

8 Jail houses, on average, more than 180 men and women per day.
9 4.5 There are questions of law common to the Plaintiff class including:
10

11

(a) Whether the Defendants require, authorize and/or condone the

12

unreasonable, unconstitutional use of force against people

13

incarcerated at the Jail;

14

15

(b) Whether the Defendants require, authorize and/or condone the

16

unreasonable, unconstitutional use of restraints against people

17

incarcerated at the Jail;

18 (c) Whether the Defendants require, authorize and/or condone the
19

20

unreasonable, unconstitutional isolation of people incarcerated

21

at the Jail in inhumane and barbaric conditions;

22

(d) Whether the Defendants require, authorize and/or condone the

23 unreasonable, unconstitutional lockdown of people incarcerated
24

25

at the Jail in their cells for 23 hours or more per day;

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COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1

(e) Whether the Defendants require, authorize and/or condone the

2

unreasonable, unconstitutional denial of access to the out of

3

doors to people incarcerated at the Jail;

4 (f) Whether the Defendants require, authorize and/or condone the
5

6

imposition of discipline, the seizure of property or the denial of

7

good time without due process of law to inmates incarcerated at

8

the Jail;

9

(g) Whether the Defendants require, authorize and/or condone the 10

11

unreasonable, unconstitutional denial of contact between people

12

incarcerated in the Jail and their families and friends; and

13

(h) Whether the Defendants otherwise require, authorize and/or

14

15

condone unreasonable, unconstitutional conditions to which

16

people incarcerated in the Jail are subject.

17

4.6 The claims of the named Plaintiffs are typical of the claims or

18 defenses of the class.
19

20

4.7 The named Plaintiffs are represented by experienced class counsel and

21 will fairly and adequately protect the interests of the class.

22

4.8 The Defendants have acted and refused to act on grounds generally

23 applicable to the class, thereby making appropriate class-wide injunctive and
24

25 declaratory relief.
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 9

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1

V. FACTS

2

5.1 The Jail was originally built to house 105 inmates, but has held up to

3 239 people per night. 4
5.2 The Jail population fluctuates, but on average male inmates make up 5 6 approximately 87 percent of the Jail daily population.

7

5.3 People are booked into the Jail and other people are released from the

8 Jail every day.
9 5.4 Some people awaiting trial remain in the Jail for many months.
10

11

5.5 Other people live in the Jail while serving criminal sentences or

12 serving out violations of community custody or other conditions of their criminal

13 sentences.

14

15

5.6 The Jail is currently undergoing an expansion and remodel.

16

5.7 The remodeling of the Jail will not resolve the unconstitutional

17 conditions described below.

18 A. IMPROPER USE OF FORCE AND RESTRAINTS
19

20

5.8 The Defendants authorize and supervise the regular and inappropriate

21 use of force and restraints by Jail staff against inmates.

22

5.9 A jail’s use of force against inmates is constitutional only in limited

23 circumstances involving self-defense, protection of others, protection of property,
24

25 and to prevent escapes.
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 10

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1

5.10 Jail staff may use physical force only as a last resort.

2

5.11 A jail’s use of restraints is constitutional only in limited circumstances

3 and only as long as is necessary to address an immediate threat of harm to people

4 or property.
5

6

5.12 Any use of force or restraints must be done in accordance with

7 specific, written policies, procedures and standards.

8

5.13 A jail may not use physical force or restraints to punish inmates.

9

5.14 The Defendants’ actions regularly violate these constitutional 10

11 limitations.

12

5.15 At the Defendants’ instructions and with their consent, Jail staff

13 regularly:

14

15

(a) chain inmates to fixed objects for long periods of time;

16

(b) strap inmates into a restraint chair without adequate cause,

17

proper supervision or training;

18 (c) otherwise restrain inmates without adequate cause, proper
19

20

supervision or training;

21

(d) pepper spray inmates without adequate cause, proper

22

supervision or training; and

23 (e) lock inmates into segregation or isolation without adequate
24

25

cause, proper supervision or training and in deplorable and

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COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1

inhumane conditions.

2

5.16 Jail staff under the Defendants’ direct supervision use force and

3 restraints against inmates, many of whom suffer from medical or mental health

4 conditions that are exacerbated by the inappropriate conduct.

5

6

5.17 The Defendants have explicitly authorized Jail staff to use chains,

7 pepper spray, the restraint chair, and segregation or isolation, against or on inmates

8 in an unreasonable and unconstitutional manner or have consented to such use.
9 5.18 The Defendants have not promulgated adequate written policies,
10 11 procedures or standards that govern the Jail staff’s use of restraints, pepper spray,

12 or segregation or isolation, against or on inmates.

13

5.19 Upon information and belief, the Defendants have not properly trained

14 Jail staff on the use of restraints, pepper spray, or segregation or isolation, against
15

16 or on inmates.

17

5.20 The Defendants have failed to properly supervise Jail staff and so Jail

18 staff has used restraints, pepper spray, and segregation or isolation, against or on
19 inmates in an unreasonable and unconstitutional manner.
20

21

5.21 Because the Defendants have not promulgated adequate written

22 policies, procedures or standards, and have not trained or properly supervised Jail

23 staff, the staff will continue to use unreasonable, unconstitutional levels of force

24

25 and restraints against people incarcerated at the Jail into the future, absent court

FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 12

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1 action enjoining Defendants’ conduct.

2

5.22 As a result of the Defendants’ unconstitutional conduct, Plaintiffs and

3 members of the class have suffered physical, mental and emotional injuries and 4
pain and suffering. Plaintiffs and members of the class will continue to suffer such 5 6 injuries in the future absent court action enjoining Defendants’ conduct.

7 B. FACTS ABOUT CHAINS, SHACKLES AND THE RESTRAINT

8

CHAIR

9

5.23 A jail may not use restraints that cause physical injury or pain to

10 inmates or as a form of punishment.

11 5.24 The Defendants use a restraint chair and shackles to punish inmates.
12

13

5.25 A restraint chair is a device into which an inmate is strapped at the

14 hands, legs and chest.

15

5.26 Once strapped into the restraint chair, the inmate is completely

16 immobilized and unable to feed himself, obtain water to drink, or use a bathroom
17

18 without the intervention of Jail staff.

19

5.27 Unless Jail staff provide the inmate with water and food and allow the

20 inmate out of the restraint chair to use the bathroom, the inmate will have no 21 22 access to food or water, and will be forced to urinate or defecate upon himself.

23

5.28 At times, Jail staff also place a hood over an inmate’s head while the

24 inmate is immobilized in the restraint chair.
25
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 13

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1

5.29 At times, Jail staff has placed a motorcycle helmet over an inmate’s

2 head while the inmate is immobilized in the restraint chair.

3

5.30 Inmates confined to a restraint chair must be closely evaluated by

4 qualified professionals prior to being restrained to identify medical or mental
5

6 health conditions that would render use of the chair inhumane and pose a serious

7 risk of harm.

8

5.31 Inmates confined to a restraint chair must be closely monitored while

9

restrained to the chair to ensure that the use of the restraint chair does not 10

11 exacerbate or create medical or mental health conditions.

12

5.32 Inmates should not be restrained in a restraint chair for more than a

13 short period of time.

14

15

5.33 Inmates held in a restraint chair must be given periodic breaks during

16 which they can stretch out their legs, arms and backs, and use the restroom.

17

5.34 Only inmates who constitute an immediate danger to themselves or

18 others may be restrained in a restraint chair.
19

20

5.35 Inmates must be removed from a restraint chair as soon as they no

21 longer constitute a threat to themselves or others.

22

5.36 Inmates must be removed from a restraint chair immediately upon the

23 cessation of the behavior that caused them to be placed in the chair.
24

25

5.37 A restraint chair should only be used as a last resort, and should not be

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COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1 used when any other less restrictive means to protect the inmate or others is

2 available.

3

5.38 A restraint chair may only be used at the direction and supervision of

4 a qualified medical professional who has evaluated the person to be restrained in
5

6 the chair and determined that it is the only appropriate means to protect the

7 individual or others under the circumstances.

8

5.39 A qualified medical professional must authorize any prolonged

9

restraint of a person in the chair following direct observation of the individual 10

11 being restrained.

12

5.40 The same or similarly qualified, medical professional must

13 reauthorize use of a restraint chair on a periodic basis throughout the duration of 14 15 the person’s restraint.

16

5.41 Jail staff must constantly monitor and observe the person restrained in

17 a restraint chair to ensure that the person is not suffering pain or injury because of

18 the restraints.
19

20

5.42 Use of a restraint chair without proper medical supervision and for a

21 prolonged period of time can cause serious medical complications and injure the

22 person restrained in the chair.

23 5.43 Jail staff do not place the restraint chair in a private area with
24

25 adequate or direct supervision.
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COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1

5.44 Instead, as of the filing of this lawsuit, the Defendants have authorized

2 Jail staff to use the restraint chair in the Booking Area of the Jail, one of the most

3 well-traveled areas of the Jail. 4
5.45 Inm ates, correctional officers, staff members, construction workers, 5 6 police officers and other people are present in the Booking Area of the Jail

7 throughout the day and night.

8

5.46 Any inmate who is being transported to court or leaving the Jail

9

travels through the Booking Area. 10

11

5.47 Inmates meet with their attorneys in the Booking Area.

12

5.48 Construction workers work in and around the Booking Area

13 throughout the day.

14

15

5.49 People who have been arrested and brought to the Jail are processed in

16 the Booking Area within feet of the person being restrained.

17

5.50 Every person who enters the Booking Area sees the person restrained

18 in the restraint chair.
19

20

5.51 The Defendants’ practice is to strap the inmate down in the restraint

21 chair and turn the restraint chair to a wall so that the inmate stares at only the wall.

22

5.52 Jail staff restrain inmates in the restraint chair for hours or days on

23 end, often in nothing but their underwear or naked.
24

25

5.53 People in the restraint chair sometimes urinate or defecate upon

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COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1 themselves.

2

5.54 People in the restraint chair sometimes beg to be released from the

3 chair. 4
5.55 People held in the restraint chair in the Booking Area are subject to 5 6 on-going and public humiliation in the most heavily trafficked area of the Jail.

7

5.56 Qualified medical professionals do not monitor the person restrained

8 in the chair or perform evaluations of the person before being restrained in the
9 chair.
10

11

5.57 Qualified medical professionals do not authorize the initial use of the

12 restraint chair and do not authorize on-going use of the restraint chair.

13

5.58 Inmates in the restraint chair have been denied regular bathroom

14

15 breaks and been forced to remain in the chair for many hours without being able to

16 move their limbs or get out of the chair and move around.

17

5.59 The Defendants have directed Jail staff to utilize the restraint chair in

18 this manner or have approved of the use of the chair in this manner.
19

20

5.60 The Defendants have not promulgated adequate written standards by

21 which Jail staff can appropriately measure the use of the restraint chair or

22 determine the conditions under which it is warranted.

23 5.61 The Defendants have not promulgated adequate written policies or
24

25 procedures regarding the restraint chair that ensure that inmates are properly cared

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COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1 for while restrained and only restrained for an appropriate period of time.

2

5.62 The Defendants have not trained Jail staff on the appropriate use of

3 the restraint chair. 4
5.63 The Defendants have restrained Plaintiffs McVay, Montejano, Kinsey, 5 6 and Vinson in the restraint chair on a number of occasions during the Spring and

7 Summer of 2014 for many hours without adequate cause and without proper

8 monitoring. 9
5.64 Jail staff placed Plaintiff Vinson in the restraint chair after he engaged 10
11 in self-harm and kept him there for a number of days.

12

5.65 Mr. Vinson was placed in the restraint chair on or before July 31,

13 2014.

14

15

5.66 As of the filing of this lawsuit on August 2, 2014, Mr. Vinson

16 remained in the restraint chair.

17

5.67 Since returning from Eastern State Hospital, Mr. Vinson has been

18 chained to a concrete structure at the Jail for long periods of time.
19

20

5.68 Mitchell Campbell was booked into the Franklin County Jail.

21

5.69 A few days later, on July 12, 2014, Mr. Campbell was found dead in

22 his cell.

23 5.70 Defendants report that he died from a brain injury caused by an
24

25 alcohol-induced seizure and fall.
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COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1

5.71 Mr. Campbell had been held in the restraint chair for a period of time

2 between his booking and his death.

3

5.72 On two occasions, the Defendants held Plaintiff McVay in the

4 restraint chair for 20 hours or more at a time.
5

6

5.73 On at least one occasion, Mr. McVay was forced to urinate on himself

7 because the Defendants did not provide him with timely access to a bathroom.

8

5.74 Plaintiff Montejano was restrained in the chair on a number of

9

occasions, once for more than 12 hours. 10

11

5.75 Jail staff placed Plaintiff Giavonni Kinsey in the restraint chair for

12 hours on at least two occasions without justification and without proper

13 monitoring.

14

15

5.76 Mr. Kinsey was forced to urinate upon himself because Jail staff

16 refused to allow him regular bathroom breaks.

17

5.77 Plaintiffs McVay, Montejano, Kinsey and Vinson were restrained in

18 metal handcuffs and ankle shackles while also restrained in the chair by restraint
19

20 chair straps.

21

5.78 The metal handcuffs and ankle shackles chafed the men’s wrists and

22 ankles causing blistering and pain.

23 5.79 No medical personnel evaluated the men prior to or during any of
24

25 their time in the restraint chair to determine whether the use of the restraint chair

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COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1 was medically appropriate.

2

5.80 The men were restrained in the restraint chair far beyond any

3 reasonable time and far beyond any time necessary to ensure that the men were not

4 a danger to themselves or others.
5

6

5.81 The Defendants regularly strap other inmates into the restraint chair

7 for long periods of time without adequate cause and without proper supervision or

8 medical monitoring, for a longer duration than necessary, and when other less
9 restrictive alternatives exist.
10

11

5.82 Jail staff regularly use the restraint chair against inmates who pose no

12 risk to themselves or others.

13

5.83 Jail staff regularly use the restraint chair against inmates when other

14

15 less restrictive alternatives exist.

16

5.84 Jail staff regularly use the restraint chair against inmates with mental

17 illness or medical conditions without providing proper mental health care or

18 keeping them in a more appropriate therapeutic setting.
19

20

5.85 Jail staff, at the Defendants’ direction or with their approval, regularly

21 chain inmates to fixed objects for long periods of time and in a manner that causes

22 physical and psychological injury to inmates.

23 5.86 It is never appropriate to chain any person to a fixed object for longer
24

25 than a brief period.
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1

5.87 There is always an appropriate, less restrictive alternative to chaining

2 people to a fixed object for longer than a brief period.

3

5.88 Chaining inmates with mental illness to fixed objects for long periods

4 of time is particularly cruel.
5

6

5.89 Jail staff, at the Defendants’ direction or with their approval, chain

7 inmates to fixed objects for hours or days on end without proper medical

8 evaluation or monitoring. 9
5.90 Jail staff, at the Defendants’ direction or with their approval, have 10
11 regularly chained people to a fence, cage or other fixed object in the Booking Area

12 of the Jail.

13

5.91 Jail staff, at the Defendants’ direction or with their approval leave

14

15 these inmates chained to the fence or cage for hours or days on end.

16

5.92 Inmates chained to the fence are forced to sleep on a thin mat on the

17 floor of the Booking Area.
18 5.93 Upon information and belief, many of the inmates Jail staff chain up
19 20 in the Booking Area suffer from serious mental health conditions.

21

5.94 Many of the inmates Jail staff chain up in the Booking Area, at the

22 Defendants’ direction or with their approval, are suffering from suicidal thoughts.

23 5.95 Jail staff, at the Defendants’ direction or with their approval, chain
24

25 these inmates up rather than provide them appropriate mental health care or hold

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1 them in an appropriate therapeutic setting.

2

5.96 Jail staff, at the Defendants’ direction or with their approval, chained

3 Plaintiff Vinson to the fence for at least a week in July 2014. 4
5.97 Jail staff used metal cuffs to shackle Mr. Vinson’s right ankle to the 5 6 fence by a short metal chain.

7

5.98 Mr. Vinson remained on a mat on the floor shackled in this way for a

8 number of days and nights. 9
5.99 Mr. Vinson is currently incarcerated in the Franklin County Jail for 10
11 driving a vehicle with a suspended license and for unpaid legal financial

12 obligations.

13

5.100 On information and belief, Mr. Vinson suffers from severe mental

14

15 illness.

16

5.101 After a week of being chained to the fence in the Booking Area and

17 sleeping on the floor in view of anyone who entered the Booking Area, Mr. Vinson

18 bit off his left pinky.
19

20

5.102 Jail staff transported Mr. Vinson to the hospital and returned him to

21 the Booking Area floor the same night.

22

5.103 Upon Mr. Vinson’s return to the Jail, Jail staff, at the Defendants’

23 direction or with their approval, chained Mr. Vinson’s right ankle and right wrist to
24

25 the fence with metal cuffs.
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1

5.104 Sometime later, Mr. Vinson injured another finger on his left hand.

2 Jail staff, at the Defendants’ direction or with their approval, then chained Mr.

3 Vinson into a chair. 4
5.105 Also in July 2014, Jail staff, at the Defendants’ direction or with their 5 6 approval, chained a woman to the fence for four days with a metal cuff around her

7 left ankle wearing only a suicide smock.

8

5.106 The woman repeatedly assured staff that she was not suicidal and

9

wanted to be released from the fence. 10

11

5.107 Jail staff refused to release the woman from the fence.

12

5.108 Four days after the woman was chained, a mental health specialist

13 finally spoke with her briefly and immediately sent her back to her cell.

14

15

5.109 Jail staff, at the Defendants’ direction or with their approval, have

16 regularly chained other inmates to a fence, cage or other fixed object by their legs

17 or arms using metal cuffs for prolonged periods of time.
18 5.110 This prolonged shackling causes injuries to wrists and ankles that
19 20 worsen the longer the Defendants keep the people chained.

21

5.111 Jail staff, at the Defendants’ direction or with their approval, also

22 regularly chain inmates to fixed objects with metal cuffs and shackles in other parts

23 of the Jail.
24

25

5.112 The Defendants have chained Plaintiffs McVay, Montejano and

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1 Kinsey to fixed objects with shackles and chains.

2

5.113 Jail staff, at the Defendants’ direction or with their approval, chained

3 up Mr. Kinsey in a holding cell for three days during the spring of 2014. 4
5.114 Jail staff, at the Defendants’ direction or with their approval, lay Mr. 5 6 Kinsey upon a slab in the holding cell and stretched his arms out above his head.

7

5.115 The Jail staff attached metal hand cuffs to Mr. Kinsey’s wrists and

8 chained the handcuffs to a bracket installed on the wall of the holding cell. 9
5.116 The Jail staff also placed Mr. Kinsey in ankle shackles and chained 10
11 these shackles to another bracket installed on the opposite wall of the cell.

12

5.117 Mr. Kinsey was chained in this position for at least three days.

13

5.118 Jail staff, at the Defendants’ direction or with their approval, chained

14

15 Mr. McVay in a similar manner for several hours in a holding cell in the Jail in

16 February 2014.

17

5.119 During the spring of 2014, Jail staff, at the Defendants’ direction or

18 with their approval, shackled Plaintiffs McVay and Montejano and at least one
19

20 other man in four point restraints in their cells.

21

5.120 The restraints used to hold Mr. McVay, Mr. Montejano and the third

22 man included metal handcuffs and ankle shackles attached by a chain around the

23 waist.
24

25

5.121 Mr. Montejano and the third man remained in their cells in these

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1 shackles for a number of days without being released.

2

5.122 While Mr. Montejano and the other man were chained up in their

3 cells, Jail staff, at the Defendants’ direction or with their approval, confined Mr. 4
McVay for over 20 hours in the restraint chair and additional time shackled in his 5 6 cell.

7

5.123 On or around June 2, 2014, Jail staff, at the Defendants’ direction or

8 with their approval, bolted steel plates with a metal ring to the floors of Mr.
9 Montejano’s and Mr. McVay’s cells.
10

11

5.124 Jail staff, at the Defendants’ direction or with their approval, placed

12 each man in ankle shackles that were attached by chain to two pairs of metal

13 handcuffs.

14

15

5.125 Jail staff, at the Defendants’ direction or with their approval, then

16 attached this device to the steel plates bolted to the cell floors with a cable.

17

5.126 Both men broke the cable cord but remained handcuffed and in ankle

18 shackles.
19

20

5.127 Jail staff replaced the cable cord with a large chain and padlock the

21 next day and these Plaintiffs were again restrained.

22

5.128 While in mechanical restraints and shackled to the floor, these

23 Plaintiffs had serious difficulty standing up or laying down.
24

25

5.129 The extended periods of shackling caused injury to each man and

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1 exacerbated physical conditions.

2

5.130 The long-term use of metal handcuffs and ankle shackles caused

3 blisters, sores and open wounds to the men’s wrists and ankles. 4
5.131 The injuries to their wrists and ankles worsened over the hours and 5 6 days in which the men were shackled.

7

5.132 No qualified medical professional conducted a proper medical or

8 mental health evaluation of any of the people chained up as described above before
9 the individuals were so restrained.
10

11

5.133 The Defendants did not provide on-going medical or mental health

12 monitoring to any of the people during the period in which they were chained up as

13 described above.

14

15

5.134 The Defendants’ chaining has caused the named Plaintiffs and all

16 people subject to these chaining practices imposed by Jail staff physical injuries

17 and pain and suffering.
18 5.135 The Defendants will continue to direct, authorize or consent to the
19 20 chaining of people incarcerated at the Jail in the future absent court action.

21 C. FACTS ABOUT USE OF PEPPER SPRAY

22

5.136 The Defendants authorize or condone the use of pepper spray to

23 punish inmates.
24

25

5.137 Pepper spray, also known as OC spray, OC gas or capsicum spray, is a

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1 chemical agent that attacks the eyes, throat and nasal passages and causes severe

2 pain, blindness, uncontrollable coughing, and can in some cases permanently injure

3 someone sprayed or cause death.

4 5.138 Repeated exposure to OC spray can cause permanent injury.
5

6

5.139 The risk of death increases if individuals suffering from asthma, on

7 drugs, or subject to restraining techniques that restrict breathing passages are

8 sprayed.
9 5.140 Jail Staff carry pepper spray when on duty in the Jail.
10

11

5.141 Upon information and belief, the Defendants have not ensured that all

12 Jail Staff are properly trained in the appropriate use of pepper spray or the proper

13 means by which people who have been sprayed must be decontaminated.

14

15

5.142 Jail staff, at the Defendants’ direction or with their approval, pepper

16 sprayed Plaintiffs McVay and Montejano on several occasions during the spring of

17 2014.
18 5.143 On number of occasions, Jail staff either opened Mr. McVay’s cell
19 20 door and sprayed pepper spray directly into his eyes, nose and mouth without

21 sufficient cause or warning, or sprayed him with pepper spray though cracks in his

22 door or through the cuffport in his cell door without sufficient cause or warning.

23 5.144 On a number of occasions, Jail staff opened Mr. Montejano’s cell
24

25 door and sprayed pepper spray directly into his eyes, nose and mouth without

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1 sufficient cause or warning or sprayed him through cracks in his cell door or

2 through the cuffport in his cell door, even though he posed no immediate danger to

3 himself or others. 4
5.145 Jail staff, at the Defendants’ direction or with their approval, has 5 6 pepper sprayed other members of the class in similar ways and in similar

7 circumstances.

8

5.146 Jail staff pepper sprayed these people without guidance from adequate

9

written policies, procedures or standards of use and without sufficient training. 10

11

5.147 Jail staff did not properly decontaminate Mr. McVay, Mr. Montejano,

12 or the other people who were sprayed after these pepper spraying incidents.

13

5.148 Jail staff did not provide Mr. McVay, Mr. Montejano or the other

14

15 people sprayed with appropriate medical treatment or evaluation after these pepper

16 spraying incidents.

17

5.149 Each of these pepper spraying incidents caused the people sprayed

18 severe pain and suffering.
19

20

5.150 The Defendants directed Jail staff to utilize pepper spray in the

21 manner described above, or after becoming aware that Jail staff were utilizing

22 pepper spray in the manner described above, took no action to better train or

23 supervise Jail staff on the proper use of pepper spray.
24

25

5.151 Jail staff will continue to use pepper spray against people incarcerated

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1 at the Jail without cause, without proper training or supervision, without adequate

2 written policies, procedures or standards absent court intervention.

3 D. FACTS ABOUT SEGREGATION AND ISOLATION 4
5.152 The Defendants also punish inmates by placing them in isolation and 5 6 segregation.

7

5.153 The Defendants then subject inmates in segregation to demeaning and

8 inhumane conditions. 9
5.154 By policy, the Defendants have designated A and G Tanks in the Jail 10
11 as the segregation units of the Jail. Inmates and Jail staff call the segregation units

12 “the Hole.”

13

5.155 Jail Staff, at the Defendants’ direction or with their approval, place

14

15 inmates into segregation who Jail staff perceive to have violated Jail rules. These

16 inmates are not provided any hearing or process before being placed in

17 segregation.
18 5.156 The people in segregation units are housed in cells by themselves,
19 20 without a cellmate.

21

5.157 By written policy, the Defendants allow inmates in segregation out of

22 their cells for only one hour and only three days per week.

23 5.158 At all other times the people in segregation are locked alone in their
24

25 cells.
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1

5.159 The Defendants sometimes punish inmates in segregation by denying

2 them clothing, mattresses and blankets.

3

5.160 The Defendants denied Plaintiffs McVay and Montejano clothing, a

4 blanket or a mattress for many weeks during the spring and summer of 2014 while
5

6 they were housed in G-Tank.

7

5.161 By seizing their mattresses, blankets and clothes, the Defendants

8 forced Mr. McVay and Mr. Montejano to sleep directly upon concrete slabs in their
9 cells and without any protection from the cold temperatures in their cells.
10

11

5.162 The Defendants have denied other inmates in segregation mattresses,

12 blankets and clothes.

13

5.163 Plaintiff McVay injured his shoulder as a result of sleeping on the

14

15 concrete slab with no mattress.

16

5.164 Plaintiff Montejano suffered severe back pain as a result of sleeping

17 on the concrete slab.
18 5.165 Until early August 2014, the lights in Mr. McVay and Mr.
19 20 Montejano’s G-Tank isolation cells did not work and had not worked for many

21 weeks.

22

5.166 The Defendants refused to repair the lights.

23 5.167 Because of the lack of lights in the cells the men remained in the dark
24

25 for hours on end, for a number of weeks in 2014.

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1

5.168 As a result of the lack of lighting in his cell, Plaintiff Montejano

2 tripped over the metal shackle plate the Jail staff, at the Defendants’ direction or

3 with their approval, installed in his cell, and injured his knee. 4
5.169 The Defendants disconnected running water to Mr. Montejano and 5 6 Mr. McVay’s G-Tank cells during the spring of 2014. The Defendants did not

7 restore water to the cells until July 29, 2014.

8

5.170 The lack of running water required Mr. Montejano and Mr. McVay to

9

sit in their cells in the presence of their own bodily waste for long periods of time. 10

11

5.171 G-Tank periodically floods, sending raw sewage into the cells.

12

5.172 Jail staff, at the Defendants’ direction or with their approval, fail to

13 promptly clean up the G-Tank cells after these floods.

14

15

5.173 The Defendants refused to provide Mr. Montejano and Mr. McVay

16 cleaning supplies to clean their G-Tank cells for many months.

17

5.174 The Defendants finally allowed Mr. McVay and Montejano to mop

18 out their cells for the first time at the end of July, 2014.
19

20

5.175 The Defendants forced Mr. McVay and Montejano to live in filthy

21 and unsanitary conditions because the Defendants deprived them of the supplies

22 necessary to maintain minimally sanitary cells.

23 5.176 The Defendants treat other inmates in a similar fashion and will
24

25 continue to do so in the future absent court action.

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1

5.177 Jail staff, at the Defendants’ direction or with their approval, placed

2 Plaintiff Murillo in isolation and segregation and subjected him to the conditions in

3 G-Tank for a number of days in July 2014 without notice or an opportunity for a

4 hearing.
5

6

5.178 Jail staff, at the Defendants’ direction or with their approval, placed

7 Plaintiff Kinsey in isolation and segregation and subjected him to the conditions in

8 G-Tank for number of days in June 2014 without notice or an opportunity for a
9 hearing.
10

11

5.179 Jail staff, at the Defendants’ direction or with their approval, have

12 placed other people in isolation and segregation and subjected them to the

13 conditions in G-Tank in the recent past without notice or an opportunity for a 14 15 hearing.

16

5.180 After the filing of this lawsuit, the Defendants moved Mr. McVay and

17 Mr. Montejano out of G Tank into another unit.
18 5.181 Nothing bars the Defendants from subjecting the Plaintiffs or other
19 20 inmates to the conditions in G-Tank or conditions similar to those described above

21 as having existed in G-Tank in the future.

22

5.182 Jail staff, at the Defendants’ direction or with their approval, continue

23 to hold other people in segregation. Nothing prohibits the Defendants from
24

25 subjecting other people to the conditions in G-Tank or conditions similar to those

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1 described above as having existed in G-Tank in the future absent court

2 intervention.

3

5.183 The Defendants also segregate and isolate people in other areas of the

4 Jail.
5

6

5.184 Jail staff, at the Defendants’ direction or with their approval, forced

7 Plaintiff Farris to live in a cell by herself for a number of days on twenty three hour

8 lockdown. 9
5.185 Ms. Farris suffers from mental illnesses which make her extremely 10
11 afraid of being alone.

12

5.186 During the period of time in which Defendants isolated her in her cell

13 by herself, Ms. Farris became seriously depressed and had thoughts of suicide.

14

15

5.187 Ms. Farris repeatedly asked Jail staff to move her into a cell with

16 another person.

17

5.188 Jail staff ignored or refused Ms. Farris’ repeated requests.

18 5.189 Finally, a jail staff person took pity upon Ms. Farris and allowed her
19

20 to move into a cell with another person.

21

5.190 Jail staff, at the Defendants’ direction or with their approval, also

22 placed Plaintiff Wardell Braxton into segregation for a period of time while he was

23 housed in another pod in the Jail.
24

25

5.191 Any person at the Jail may be placed into segregation or isolation for

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1 any actual or perceived violation of unstated and unclear Jail rules or policies.

2 These actions by Defendants and Jail Staff are taken without any hearing or

3 process. 4
5.192 The Defendants threaten people incarcerated at the Jail with 5 6 segregation for even slight alleged transgressions.

7 E. DENIAL OF DUE PROCESS

8

5.193 The Defendants have isolated and segregated people, have seized their

9

property, taken away good time, deprived them of privileges, or disciplined them 10

11 in other ways without providing them with notice or an opportunity to be heard by

12 an impartial decision maker.

13

5.194 The Defendants have not articulated uniform and consistent standards

14

15 that govern the discipline of inmates, or, to the extent that such standards exist, the

16 Defendants have authorized Jail staff to ignore and violate such standards when

17 imposing discipline upon inmates.
18 5.195 The Defendants do not provide inmates with any type of handbook,
19 20 rule book or written guidance regarding the rules, policies and procedures of the

21 facility when they enter the Jail or at any point thereafter.

22

5.196 The Defendants have not posted copies of the facility’s rules, policies

23 and procedures anywhere in the Jail that is readily accessible to all inmates.
24

25

5.197 The Jail staff, at the Defendants’ direction and with their consent,

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1 often discipline inmates by segregating or isolating them or by taking other adverse

2 actions against them without notice or any hearing and for unknown and arbitrary

3 reasons. 4
5.198 The Jail staff, at the Defendants’ direction and with their consent, 5 6 seize funds held in the jail financial accounts on behalf of Plaintiffs or members of

7 the class for perceived rules violations or alleged property damage without notice

8 or any hearing before an impartial decision maker and for unknown and arbitrary
9 reasons.
10

11

5.199 The Defendants have promulgated a good time policy that allows the

12 jail staff to take good time from the Plaintiffs and members of the class without

13 notice or any hearing before an impartial decision maker.

14

15

5.200 As a result of Defendants’ unlawful actions, the Plaintiffs and

16 members of the class have been placed in segregation, lost funds held in jail

17 accounts, lost good time credits, and/or suffered other serious deprivations.
18 5.201 The Defendants regularly punish inmates by placing them in isolation
19 20 or segregation without cause and without providing them any due process prior to

21 placing them in isolation or segregation.

22

5.202 Jails may not discipline pre-trial inmates without providing them due

23 process of law.
24

25

5.203 Jails may not seize funds held in inmate accounts without providing

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1 them due process of law.

2

5.204 Jails may not deny or take away good time from inmates without

3 providing them with due process of law. 4
5.205 Franklin County has enacted an ordinance requiring that the 5 6 Defendants provide procedural protections before imposing discipline upon people

7 incarcerated at the Jail, Franklin County Resolution Number 96-073,

8

5.206 The ordinance allows the Defendants to discipline inmates under

9

certain circumstances, but requires the Defendants to provide specific procedural 10

11 protections before doing so.

12

5.207 The ordinance requires the Defendants to provide any inmate subject

13 to discipline for a violation of Jail rules, notice of the infraction, a hearing before a 14 15 panel of neutral decision-makers, a written decision and the opportunity to appeal

16 an unfavorable decision to Jail management.

17

5.208 The ordinance limits the use of segregation or isolation to no more

18 than 15 days for any one violation, and no more than thirty days for all violations
19

20 arising out of one incident.

21

5.209 This Franklin County ordinance requires the procedural protections

22 afforded to pre-trial inmates by the Due Process Clause of the Fourteenth

23 Amendment to the United States Constitution.
24

25

5.210 The Defendants regularly violate the Constitution and Franklin

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1 County’s ordinance by imposing isolation or segregation and other forms of

2 discipline against inmates without providing any of the procedural protections

3 specifically required by the ordinance.

4 5.211
5

The Jail maintains financial accounts for inmates from which inmates

6 can pay for telephone calls, medical appointments, and items ordered from the Jail

7 commissary.

8

5.212 The Defendants have deducted funds from these inmate accounts

9

when the Jail charges inmates with the cost of replacement of items the Defendants 10

11 allege inmates have damaged.

12

5.213 The Defendants deduct these funds from inmate accounts without

13 providing the inmates notice of these charges, the reason for the charges, or 14 15 providing them with a hearing before an impartial decision maker before doing so.

16 5.214

The Defendants have deducted funds from the accounts of Plaintiffs

17 Kinsey, Montejano, and McVay, and from the accounts of other members of the

18 Plaintiff class’s accounts.
19

20

5.215 The Defendants did not provide adequate notice or an opportunity for

21 a hearing before an impartial decision maker before deducting these funds.

22

5.216 Defendants by their own policy grant inmates good time credit for

23 time served in Franklin County Jail as follows:
24

25

Good Time - Sole discretion of the Jail Administration:

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1

Straight Good time will be given; subject to good behavior at the rate of one day for every five, for sentenced prisoners, trustee good time is one for

2

three. The only exception will be when specifically denied by order of the

judge. Certain crimes according to state criteria can receive a maximum of

3

10%.

4 Franklin County Jail Policy Number 917.
5

6

5.217 If the Defendants seize an inmate’s good time credits the inmate will

7 remain incarcerated at the Jail for a longer period of time than if he had not had his

8 good time credits taken from him. 9
5.218 Defendants by policy authorize the loss of good time credits as 10
11 follows:

12

Loss of Good Time

13

Inmates may have the standard Good Time for this facility taken by a

14

Corrections Sergeant or inmate worker officer (trustee officer) upon

15

approval of the Captain or Lieutenant.

16

Good Time removal is reserved for inmates who have displayed a high

disregard for facilities rules, violent behavior, escape or attempted escape

17

from custody as examples.

18

An inmate may file an appeal or grievance of the removal of Good Time by

19

the "KITE" system.

20

The inmate appeal or grievance will be reviewed by the Corrections Captain.

21

The Captain will make the final ruling on an inmate appeal or grievance.

22 Franklin County Jail Policy No. 914.

23 5.219 On its face, Franklin County policy does not provide for appropriate
24

25 notice or an opportunity for a hearing before the loss of good time.

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1

5.220 The Franklin County policy therefore violates constitutional due

2 process requirements on its face.

3

5.221 Moreover, in practice the Defendants deprive inmates of earned good

4 time credits or condone the loss of such credits without providing notice or an
5

6 opportunity for a hearing.

7

5.222 The Plaintiffs and the members of the class have had earned good

8 time credits taken from them or are likely to lose good time credits in the future
9 without notice or an opportunity for a hearing.
10

11

5.223 The Defendants placed Plaintiff Braxton in isolation as punishment

12 for an alleged violation of Jail rules.

13

5.224 The Defendants did not provide Mr. Braxton anything in writing

14

15 regarding Jail rules before placing him in segregation.

16

5.225 The Defendants did not provide Mr. Braxton with notice of his

17 infraction or with a hearing prior to placing him in isolation.
18 5.226 The Defendants did not inform Mr. Braxton how long he could expect
19 20 to remain in segregation.

21

5.227 Mr. Braxton remained in isolation for days before the Defendants

22 released him without explanation.

23 5.228 As of the filing of this lawsuit, the Defendants had held Plaintiff
24

25 McVay in segregation in squalor in G-Tank since February 28, 2014.

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1

5.229 In response to Mr. McVay’s requests to be moved to a different cell or

2 pod or be released from segregation, Defendant Long informed Mr. McVay that he

3 would remain in squalor in G-Tank as long as he remained at the Jail. 4
5.230 After the filing of this lawsuit, the defendants moved Mr. McVay into 5 6 a different cell in a different pod. However, Mr. McVay remains in segregation.

7

5.231 The Defendants did not provide Mr. McVay with written notice of the

8 basis for his isolation prior to placing him in segregation. 9
5.232 The Defendants did not provide Mr. McVay with a hearing prior to 10
11 placing him in segregation or at any subsequent time.

12

5.233 The Defendants have informed Mr. McVay that he can expect to

13 remain in isolation and segregation during his entire term at the Jail.

14

15

5.234 As of the filing of this lawsuit, the Defendants had held Plaintiff

16 Montejano in segregation in squalor in G-Tank for many months.

17

5.235 In response to Mr. Montejano’s requests to be moved to a different

18 cell or pod or be released from segregation, Defendant Long informed Mr.
19

20 Montejano that he would remain in squalor in G-Tank as long as he remained at

21 the Jail.

22

5.236 After the filing of this lawsuit, the Defendants moved Mr. Montejano

23 into a different cell in a different pod. However, Mr. Montejano remains in
24

25 segregation.
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1

5.237 The Defendants did not provide Mr. Montejano with written notice of

2 the basis for his isolation prior to placing him in segregation.

3

5.238 The Defendants did not provide Mr. Montejano with a hearing prior to

4 placing him in segregation or at any subsequent time.
5

6

5.239 The Defendants have informed Mr. Montejano that he can expect to

7 remain in isolation and segregation during his entire term at the Jail.

8

5.240 The Defendants placed Plaintiffs Murillo and Kinsey into segregation

9

in G-Tank without notice or an opportunity to be heard and without providing them 10

11 clear standards or rules by which they could judge their conduct.

12

5.241 The Defendants have placed other inmates in segregation without

13 adequate cause, without providing any procedural protections, and without 14 15 providing inmates notice of applicable Jail rules and the consequences of violating

16 those rules.

17

5.242 Jail staff have taken away the out of cell time from all of the

18 Plaintiffs, including Plaintiffs Farris and Eddington, at one point or another during
19

20 their incarceration, without notice and without an opportunity for a hearing to

21 contest the discipline.

22

5.243 The denial of out of cell time constitutes discipline under Franklin

23 County’s written policies.
24

25

5.244 The Defendants have denied the Plaintiffs and other members of the

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1 class out of cell time without adequate cause, without providing any procedural

2 protections, and without providing inmates notice of applicable Jail rules and the

3 consequences of violating those rules. 4
5.245 Jail staff has denied or taken away other necessities of life or 5 6 important privileges from the Plaintiffs and other members of the class without any

7 notice, hearing or other process as well.

8

5.246 The Defendants will continue to discipline people by segregating

9

them, taking their good time, seizing their funds and by depriving them of other 10

11 essential items while incarcerated in the Jail without providing any procedural

12 protections in the future absent court action.

13 F. 14
15

JAIL-WIDE LOCKDOWN 5.247 The Defendants have ordered the permanent lockdown of most people

16 incarcerated at the Jail.

17

5.248 Most inmates incarcerated in the Jail are locked in their cells for at

18 least 23 hours a day.
19

20

5.249 By policy, defendants allow the people in segregation cells out of their

21 cells for only one hour, three days a week.

22

5.250 A few people with jobs within the Jail are allowed out of their cells

23 more often.
24

25

5.251 With the exception of the segregation cells, in which people are

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1 confined alone, people in other pods generally share cells with one to three other

2 inmates.

3

5.252 However, even in non-segregation cells it is not uncommon for the

4 Defendants to house individuals alone.
5

6

5.253 If housed with others, the people in each cell conduct all of their

7 intimate activities in close proximity to and in direct view of all of the other people

8 in the cell during all of their 23 hours locked down. 9
5.254 Plaintiffs and members of the class have very few activities that they 10
11 can pursue while locked in their cells 23 or more hours a day.

12

5.255 The Defendants do not provide any type of programming to people

13 incarcerated in the Jail.

14

15

5.256 The Defendants do not provide any religious services to people

16 incarcerated in the Jail.

17

5.257 The Defendants do not provide any education services, therapeutic

18 groups or athletic recreation to people incarcerated in the Jail.
19

20

5.258 There is no law library or other type of library at the Jail.

21

5.259 Cells at the Jail do not have radios or televisions.

22

5.260 The dayrooms into which people are released on their hour out do not

23 have radios and televisions.
24

25

5.261 The Defendants release the inmates from one cell at a time into the

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Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1 day room in each cell block and then only for an hour a day.

2

5.262 During their one hour out a day, inmates are expected to shower,

3 exercise and use the telephone. 4
5.263 All of these activities occur within the pod dayroom to which a few 5 6 individual cells are attached.

7

5.264 With few exceptions, everyone incarcerated at the Jail is on lockdown

8 at least twenty three hours a day, without regard to their individual criminal
9 charges or their past conduct while incarcerated.
10

11

5.265 The Defendants have no individualized, objective classification

12 system at the Jail by which they identify the appropriate level of security and

13 housing assignment for each individual person depending on the individual 14 15 characteristics of each person.

16

5.266 Decisions regarding housing assignments and security levels at the

17 Jail are arbitrary and ad hoc.
18 5.267 Inmates are placed in isolation without cause and without regard to
19 20 actual security needs of the Jail.

21

5.268 An appropriate, objective, individualized classification system would

22 eliminate any need for a jail-wide, twenty three hour lockdown.

23 5.269 By locking most people in their cells for at least twenty three hours
24

25 per day, the Defendants have exacerbated many people’s existing mental health

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Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1 conditions and caused all people incarcerated in the Jail physical, emotional and

2 psychological injuries.

3

5.270 The Defendants will continue to subject all members of the class to at

4 least twenty three hour lockdown absent court intervention.
5

6 G. DENIAL OF OUTDOOR EXERCISE

7

5.271 When inmates have their one hour out of cell time they are generally

8 only allowed into the day room of the pod to which their cell is attached.
9 5.272 The day rooms are not open to the outdoors.
10

11

5.273 The Jail has two small, concrete recreation pens.

12

5.274 The small pens are surrounded by tall concrete walls that have no

13 windows in them.

14

15

5.275 The roofs of the pens are open to the air.

16

5.276 The pens are empty. There are no benches, tables, or exercise

17 equipment in either of the pens.
18 5.277 The Jail does not allow people to take any kind of exercise or athletic
19 20 equipment into the pens with them and does not provide any such equipment to

21 them.

22

5.278 Even though these small pens exist, Defendants rarely allow any

23 inmates access to these pens.
24

25

5.279 Plaintiff Eddington had not been outside for a number of weeks and

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Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1 only twice since he was booked into the Jail on May 26, 2014 until the initiation of

2 this lawsuit.

3

5.280 Similarly, Plaintiff Farris has only been outside on a couple of

4 occasions since March 23, 2014.
5

6

5.281 Until the filing of this lawsuit, Plaintiffs McVay and Montejano had

7 only been outside one time during the entire time they have been incarcerated at

8 the Franklin County Jail. 9
5.282 All inmates should have access to regular outside exercise and 10
11 recreation.

12

5.283 Many inmates have gone months at a time without ever breathing

13 fresh air or feeling the warmth of the sun.

14

15

5.284 Defendants denial of adequate outdoor exercise, sunlight and open air

16 has caused the Plaintiffs and members of the class physical and psychological

17 harm.
18 2.285 To the extent that the Defendants have begun providing outdoor
19 20 exercise on a regular basis to inmates after the filing of this lawsuit, there is

21 nothing prohibiting them from again barring outdoor exercise in the future.

22 H. DENIAL OF CONTACT WITH FAMILY

23 5.286 The Defendants through a series of steps have significantly and
24

25 unnecessarily limited inmates’ contact with their children, wives, husbands,

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Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1 mothers, fathers, and other loved ones.

2

5.287 The Defendants have done this by prohibiting all face to face visits,

3 limiting mail to only two post cards per week, and restricting access to the

4 telephone.
5

6

5.288 The Defendants’ policies have seriously damaged inmates’

7 relationships with their family members.

8

5.289 The Defendants have completely denied inmates face to face visits for

9

many months. 10

11

5.290 Because of Defendants’ policy, no person incarcerated at the Jail has

12 had a visit from family since February 2014.

13

5.291 The denial of face to face visits is particularly difficult for young

14

15 children and parents of young children.

16

5.292 Face to face contact is essential to maintain strong connections

17 between children and their parents.
18 5.293 Plaintiff Murillo’s child was two months old when Mr. Murillo was
19 20 incarcerated at the Jail.

21

5.294 Mr. Murillo’s grandmother is currently visiting the Tri-Cities from out

22 of state.

23 5.295 Mr. Murillo has not seen his grandmother in a number of years.
24

25

5.296 Because of the Defendants’ policy, Mr. Murillo has had no contact

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Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1 with his child for several months and will not be able to see his grandmother

2 during her visit to the area.

3

5.297 Similarly, Plaintiff Farris, who suffers from severe depression, cannot

4 receive visits from her sister or other family members.
5

6

5.298 The Defendants have unreasonably interfered with Plaintiffs’

7 relationships by prohibiting all face to face visits.

8

5.299 In addition to denying all face to face contact, the Defendants prohibit

9

all non-legal mail, except for postcards. 10

11

5.300 The postcard-only policy prohibits inmates from receiving any written

12 communication from family or friends, except for postcards.

13

5.301 The postcard-only policy severely hampers inmates and their families

14

15 from sharing important, intimate information.

16

5.302 The Defendants limit indigent inmates to two post cards per week.

17

5.303 The Defendants will not deliver letters, pictures, children’s report

18 cards, drawings, medical records or other important documents sent to inmates
19

20 from their families if they are delivered in envelopes.

21

5.304 Any such items are either returned to the sender or held by the Jail.

22

5.305 The Defendants do not notify inmates about withheld mail and do not

23 deliver withheld mail to inmates.
24

25

5.306 Defendants also limit contact between people incarcerated in the jail

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Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1 and their families by charging exorbitant rates for telephone calls.

2

5.307 Defendants charge $5.00 for every ten minutes of phone time.

3

5.308 Because of the huge charges, many people incarcerated in the Jail

4 cannot afford to call family members and family members cannot afford to accept
5

6 collect calls from inmates.

7

5.309 On their own, each of these policies severely and unreasonably limits

8 the ability of people to communicate with their families. 9
5.310 Together, the Defendants’ policies make it extremely difficult for 10
11 inmates to maintain contact with their children, parents, spouses, siblings, and

12 other loved ones.

13

5.311 Defendants’ unreasonable interference with familial relationships has

14

15 injured every Plaintiff and every member of the Plaintiff class.

16

5.312 No legitimate penological interests justify any of the Defendants’

17 illegal actions described above.

18 I.
19

DELIBERATE INDIFFERENCE

20

5.313 The Defendants’ actions, customs, policies and practices set out in

21 paragraphs 5.1 – 5.312 above constitute deliberate indifference to the safety,

22 wellbeing, health, mental health, and constitutional rights of the Plaintiffs and the

23 Plaintiff class.
24

25

5.314 The actions, customs, conditions, policies and practices set out in

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1 paragraphs 5.1-5.312 above singly and collectively cause unreasonable,

2 unnecessary and wanton infliction of pain and physical, emotional and

3 psychological injury to each Plaintiff and to every other member of the Plaintiff

4 class.
5

6

VI. CLAIMS FOR RELIEF

7

6.1 Based upon the facts alleged above, the Plaintiffs make the following

8 claims for relief on behalf of themselves and all other similarly situated people.

9

FIRST CLAIM FOR RELIEF – DENIAL OF PROCEDURAL AND

10

SUBSTANTIVE DUE PROCESS

11 6.2 The Defendants Franklin County, Sheriff Richard Lathim and Captain
12

13 Rick Long have acted under color of state law and violated rights secured to the

14 Plaintiffs and members of the Plaintiff class by the Due Process Clause of the

15 Fourteenth Amendment to the United States Constitution, which are actionable 16
pursuant to 42 U.S.C. § 1983 and by Article I section 3 of Washington’s 17
18 Constitution, as follows:

19

(a) The Defendants have subjected Plaintiffs and members of the

20

Plaintiff class to discipline, by segregating or isolating them,

21

22

seizing their funds, denying them good time credit, and by

23

depriving them of other necessities, or by requiring, authorizing

24

or condoning such actions by Jail staff, without uniform and

25
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1

consistent standards and without providing the Plaintiffs and

2

the Plaintiff class with adequate notice or hearing before an

3

impartial decision maker.

4 (b) The Defendants have punished Plaintiffs and members of the
5

6

Plaintiff class or threatened to punish them by requiring,

7

authorizing or condoning the following actions:

8

(i) chaining them to fixed objects for long periods of time;

9

(ii) restraining them in a restraint chair for long periods of 10

11

time without adequate cause and without adequate

12

monitoring;

13

(iii) otherwise restraining them for long periods of time

14

15

without cause and without adequate monitoring;

16

(iv) pepper spraying them without adequate cause and by

17

then failing to provide them with adequate medical care

18 or decontaminating them;
19

20

(v) isolating them alone in a cell without adequate cause and

21

without appropriate supervision or monitoring;

22

(vi) subjecting members in segregation to inhumane,

23 degrading and deplorable living conditions;
24

25
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 51

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1

(vii) locking all members of the class in their cells for a

2

minimum of twenty three hours a day without regard to

3

the individual member’s medical or mental health

4 condition and without any process by which to determine
5

6

the actual security needs of the institution or the

7

appropriate classification of individual members;

8

(viii) barring them from access to fresh air and outdoor

9

exercise; 10

11

(ix) confining them in a Jail in which all of the conditions

12

described above singly and collectively cause

13

unreasonable, unnecessary and wanton physical,

14

15

emotional and psychological injury to each Plaintiff and

16

to every other member of the Plaintiff class;

17

(x) failing to properly train Jail staff in order to ensure that

18 staff act in compliance with the State and Federal
19

20

Constitutions;

21

(xi) failing to properly supervise Jail staff in order to ensure

22

that staff act in compliance with the State and Federal

23 Constitutions; and
24

25
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 52

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Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1

(xii) failing to promulgate uniform and consistent policies,

2

procedures and standards so as to ensure that the Jail staff

3

operate the Jail in compliance with the State and Federal

4 Constitutions.
5

6

SECOND CLAIM FOR RELIEF – IMPOSITION OF CRUEL AND

UNUSUAL PUNISHMENT

7

8

6.3 The Defendants Franklin County, Sheriff Richard Lathim and Captain

9 Rick Long have acted under color of state law and violated rights secured to the

10 Plaintiffs and members of the Plaintiff class by the Eighth Amendment to the 11
United States Constitution, which prohibits cruel and unusual punishment, which 12 13 are actionable pursuant to 42 U.S.C. § 1983, and by Article I section 14 of

14 Washington’s Constitution which prohibits cruel punishment, as follows:

15

(a) The Defendants have been deliberately indifferent to the

16 Plaintiffs’ health and safety by:
17

18

(i) chaining them to fixed objects for long periods of time;

19

(ii) restraining them in a restraint chair for long periods of

20

time without adequate cause and without adequate

21

22

monitoring;

23

(iii) otherwise restraining them for long periods of time

24

without adequate cause and without adequate monitoring;

25
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 53

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Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1

(iv) pepper spraying them without adequate cause and by

2

then failing to provide them with adequate medical care

3

or decontaminating them;

4 (v) isolating them alone in a cell without cause and without
5

6

appropriate supervision or monitoring;

7

(vi) subjecting members in segregation to inhumane,

8

degrading and deplorable living conditions;

9

(vii) locking all members of the class in their cells for a 10

11

minimum of twenty three hours a day without regard to

12

the individual member’s medical or mental health

13

condition and without any process by which to determine

14

15

the actual security needs of the institution or the

16

appropriate classification of individual members;

17

(viii) barring them from access to fresh air and outdoor

18 exercise;
19

20

(ix) confining them in a Jail in which all of the conditions

21

described above singly and collectively cause

22

unreasonable, unnecessary and wanton physical,

23 emotional and psychological injury to each Plaintiff and
24

25

to every other member of the Plaintiff class;

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1

(x) failing to properly train Jail staff in order to ensure that

2

staff act in compliance with the State and Federal

3

Constitutions;

4 (xi) failing to properly supervise Jail staff in order to ensure
5

6

that staff act in compliance with the State and Federal

7

Constitutions; and

8

(xii) failing to promulgate uniform and consistent policies,

9

procedures and standards so as to ensure that the Jail staff 10

11

operate the Jail in compliance with the State and Federal

12

Constitutions.

13

THIRD CLAIM FOR RELIEF - VIOLATION OF DUTY TO KEEP

14

PLAINTIFFS AND CLASS IN HEALTH AND SAFETY

15 6.4 The Defendants Franklin County, Sheriff Richard Lathim and Captain Rick 16
Long have acted under color of state law and violated the state law duty to keep 17
18 Plaintiffs in health and safety. The Defendants have a special relationship with

19 inmates in Franklin County, which arises when a person is arrested and

20 imprisoned. As a result of this special relationship, the Defendants have a duty to 21 22 keep inmates incarcerated at the Jail in health and safety. The Defendants have

23 violated this duty as follows.

24

25
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 55

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1

(a) The Defendants have breached their duty to keep the Plaintiffs

2

and the members of the Plaintiff class in health and safety by

3

failing to ensure that Jail staff did not:

4 (i) chain them to fixed objects for long periods of time;
5

6

(ii) restrain them in a restraint chair for long periods of time

7

without adequate cause and without adequate monitoring;

8

(iii) otherwise restrain them for long periods of time without

9

adequate cause and without adequate monitoring; 10

11

(iv) pepper spray them without adequate cause and then fail

12

to provide them with adequate medical care or

13

decontaminate them;

14

15

(v) isolate them alone in a cell without adequate cause and

16

without supervision or monitoring;

17

(vi) subject class members in segregation to inhumane,

18 degrading and deplorable living conditions;
19

20

(vii) lock all members of the class in their cells for a minimum

21

of twenty three hours a day without regard to the

22

individual member’s medical or mental health condition

23 and without any process by which to determine the actual
24

25
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 56

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Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1

security needs of the institution or the appropriate

2

classification of individual members.

3

(viii) hold them in a Jail in which all of the conditions

4 described above singly and collectively cause
5

6

unreasonable, unnecessary and wanton physical,

7

emotional and psychological injury to each Plaintiff and

8

to every other member of the Plaintiff class;

9

(b) The Defendants also violated their duty to the Plaintiffs and the 10

11

members of the Plaintiff class by:

12

(i) failing to properly train Jail staff in order to avoid staff

13

acting in the illegal and unconstitutional ways described

14

15

above;

16

(ii) failing to properly supervise Jail staff in order to ensure

17

that staff act in legal and constitutional ways while

18 employed at the Jail; and
19

20

(iii) failing to promulgate uniform and consistent policies,

21

procedures and standards to ensure that the Jail staff

22

operates the Jail in a lawful manner.

23

24

25
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 57

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101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

Case 4:14-cv-05083-SAB Document 21 Filed 08/29/14

1

FOURTH CLAIM FOR RELIEF – VIOLATION OF RIGHTS OF FREE SPEECH AND FAMILIAL ASSOCIATION

2

6.5 The Defendants Franklin County, Sheriff Richard Lathim and Captain 3

4 Rick Long have acted under color of state law and violated rights secured to the

5 Plaintiffs and members of the Plaintiff class by the First and Fourteenth
6 Amendments to the United States Constitution, which are actionable pursuant to 42
7 8 U.S.C. § 1983, and by Article I section 3, Article I section 4 and Article I section 5

9 of Washington’s Constitution which prohibit deprivations without due process of

10 law and protect the right to assembly, familial associations and free speech, as

11 follows:
12

13

(a) barring the Plaintiffs or members of the Plaintiff class from face

14

to face visits with their family members and friends;

15

(b) barring the Plaintiffs or members of the Plaintiff class from

16 sending or receiving mail to or from family members and
17

18

friends, with the exception of post cards;

19

(c) barring the Plaintiffs and members of the Plaintiff class from

20

access to affordable telephone services; and

21

22

(d) imposing these policies upon the Plaintiffs and the members of

23

the Plaintiff class which, individually and collectively, severely,

24

unreasonably and unnecessarily limit contact between people

25
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 58

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1

incarcerated at the Jail and their family members and friends.

2

VII. PRAYER FOR RELIEF

3

The Plaintiffs respectfully request that this Court:

4 7.1 Certify this action as a class action.
5

6

7.2 Adjudge and declare that the actions, customs, conditions, policies,

7 and practices described in this Complaint violate the rights of the Plaintiffs and the

8 class they seek to represent under the State and Federal Constitutions and other
9 applicable laws.
10

11

7.3 Preliminarily and permanently enjoin the Defendants, their agents,

12 employees, and all persons acting in concert with them from subjecting the
13 Plaintiffs and the class they seek to represent to the actions, customs, conditions, 14 15 policies, and practices described in this Complaint.

16

7.4 Appoint a Special Master pursuant to Fed. R. Civ. Pro. 53 to oversee

17 the Defendants’ compliance with any orders the Court will issue in the future.
18 Order the Defendants to provide all appropriate and necessary funds to compensate
19 20 the Special Master for his or her duties.

21

7.5 Retain jurisdiction of this case until such time as the Defendants have

22 fully complied with all orders of the Court or Special Master, and there is

23 reasonable assurance that the Defendants will continue to comply in the future with
24

25 these orders.
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 59

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1

7.6 Award Plaintiffs’ reasonable attorneys’ fees and costs pursuant to 42

2 U.S.C. § 1988 and any other applicable statute or court rule.

3

7.7 Award Plaintiffs and members of the Plaintiff class such other and

4 further relief as justice may require.
5

6

Respectfully submitted this 29th day of August, 2014.

7

8

9

101

Seattle,

10

(206)

11

(206)

COLUMBIA LEGAL SERVICES Institutions Project
Yesler Way, Suite 300 WA 98104
464-5933 – phone 382-3386 – fax

12

ATTORNEYS

FOR PLAINTIFFS

13

14

15

Nicholas

16

Nick.Stral

/s/ NICHOLAS B. STRALEY B. Straley, WSBA #25963
Attorney for Plaintiffs ey@Columbialegal.org

17

18

/s/

Melissa

19

20

Melissa.Lee@Colum

MELISSA R. LEE R. Lee, WSBA #38808
Attorney for Plaintiffs bialegal.org

21

22

Andra

23 Andra.Kranzler@Colum
24

/s/ ANDRA KRANZLER Kranzler, WSBA #44098
Attorney for Plaintiffs bialegal.org

25
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 60

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101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

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1

Certificate of Service

2 I hereby certify that on August 29, 2014, I electronically filed the foregoing
3
4 with the Clerk of the Court using the CM/ECF system, which will send notification

5 of such filing to the following:

6 W. Dale Kamerrer 7 dkamerrer@lldkb.com

8 John E. Justice 9 jjustice@lldkb.com

10 Law, Lyman, Daniel, Kamerrer & Bogdovanich, P.S.

11

P.O. Box 11880 Olympia, WA 98508-1880

12 (360) 754-3480

13

(360 357-3511 fax Attorneys for Defendants

14

15

16 NICHOLAS

17

Of

/s/ NICHOLAS B. STRALEY B. STRALEY, WSBA #25963
Attorneys for Plaintiffs

18

Colum

bia Legal Services

19

Institutions Project

101

20

Seattle,

Yesler Way, Suite 300 WA 98104

21

(206)

(206)

464-0838 – phone 464-0856 – fax

22

nick.straley@columbialegal.org

23

24

25
FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF– Page 61

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101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

 
 Case 4:14-cv-05083-SAB Document 6 Filed 08/05/14

1

2

3

4

5

6

7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF WASHINGTON

9

10 TERESA FARRIS; WARDELL

11 BRAXTON; GIOVANNI KINSEY;

NO. CV-14-05083-SAB

12 GUADELUPE MONTEJANO; THOMAS

13 EDDINGTON; PAUL McVAY; FRANK

14 MURILLO; RICHARD VINSON, and all ORDER DENYING

15 other people who are similarly situated, PLAINTIFFS’ MOTION FOR

16

Plaintiffs,

TEMPORARY RESTRAINING

17

v.

ORDER

18 FRANKLIN COUNTY, SHERIFF

19 RICHARD LATHI and CAPTAIN RICK

20 LONG,

21

Defendants.

22

23

Before the Court is plaintiffs’ Motion for a Temporary Restraining Order,

24 ECF No. 4. Specifically, plaintiffs request a temporary restraining order (TRO)

25 barring the Franklin County Jail from chaining prisoners to fixed objects for any

26 period of time and for any reason. Plaintiffs also request that the Franklin County

27 Jail be ordered to immediately place Mr. Richard Vinson in an appropriate

28

ORDER DENYING THE PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER ~ 1

Case 4:14-cv-05083-SAB Document 6 Filed 08/05/14

1 therapeutic setting. Unfortunately, at present, there is no proof in the record of

2 service on defendants.

3

Under Federal Rule of Civil Procedure 65, a TRO may be issued without

4 notice to the adverse party or its counsel only if: “(A) specific facts in an affidavit

5 or a verified complaint clearly show that immediate and irreparable injury, loss, or

6 damage will result to the movant before the adverse party can be heard in

7 opposition; and (B) the movant's attorney certifies in writing any efforts made to

8 give notice and the reasons why it should not be required.” Fed.R.Civ.P. 65(b)(1).

9 Although the restrictions imposed under Rule 65 are stringent, they “reflect the

10 fact that our entire jurisprudence runs counter to the notion of court action taken

11 before reasonable notice and an opportunity to be heard has been granted both

12 sides of a dispute.” See Granny Goose Foods, Inc. v. Brotherhood of Teamsters &

13 Auto Truck Drivers, 415 U.S. 423, 438–439 (1974). Accordingly, there are “very

14 few circumstances justifying the issuance of an ex parte TRO.” Reno Air Racing

15 Ass'n Inc. v. McCord, 452 F.3d 1126, 1131 (9th Cir.2006) (courts have recognized

16 a “very narrow band of cases in which ex parte orders are proper”). For example,

17 notice may be excused where it “is impossible either because the identity of the

18 adverse party is unknown or because a known party cannot be located in time for a

19 hearing.” Id. Or, notice may not be required where providing “notice to the

20 defendant would render fruitless the further prosecution of the action” because the

21 adverse party is likely to destroy evidence. Id. Additionally, a temporary

22 restraining order is generally restricted to its underlying purpose of preserving the

23 status quo and preventing irreparable harm just so long as is necessary to hold a

24 hearing, and no longer. Brown Jordan Int'l, Inc. v. Mind's Eye Interiors, Inc., 236

25 F. Supp. 2d 1152 (D. Haw. 2002).

26

Plaintiffs allege that the Franklin County Jail regularly engages in the

27 practice of punitive shackling of inmates to fixed objects for days on end, and that

28 the jail shackles inmates who are on suicide watch to a fence located in the jail’s

ORDER DENYING THE PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER ~ 2

Case 4:14-cv-05083-SAB Document 6 Filed 08/05/14

1 booking area wearing only a smock. Plaintiffs also allege that inmates are denied

2 access to mental health care. Although these allegations are troubling, the record

3 before the Court does not warrant a TRO. The use of shackles by jails does not

4 necessarily violate an inmate’s civil rights. See generally Spain v. Procunier, 600

5 F.2d 189 (9th Cir. 1979), Anderson v. County of Kern, 45 F.3d 1310 (9th Cir.

6 1995). Defendants have not yet responded to the allegations and may not have

7 been served with a copy of either the Complaint or the Motion for Temporary

8 Restraining Order. Additionally, the record has no admissible evidence regarding

9 the medical condition of any of the named plaintiffs, the reasons why shackles

10 were used by the jail, how long such shackles were used, viable alternatives, the

11 behavioral records regarding the plaintiffs, expert testimony regarding standard

12 jail practices, or whether the plaintiffs have exhausted available administrative

13 remedies or grievances, if any.

14

Plaintiffs’ Motion for a Temporary Restraining Order is denied because they

15 have failed to make an adequate showing, supported by admissible evidence, of

16 immediate irreparable harm. See Fed.R.Civ.P. 65(b). Furthermore, because the

17 plaintiffs seek to alter rather than preserve the status quo, a TRO is an

18 inappropriate remedy.

19

Accordingly, IT IS HEREBY ORDERED:

20

1. Plaintiffs’ Motion to Expedite, ECF No. 5, is GRANTED.

21

2. Plaintiffs’ Motion for a Temporary Restraining Order Re: Restraints,

22

ECF No. 4, is DENIED.

23

3. Plaintiffs are directed to properly serve the Defendants.

24

4. Plaintiffs’ counsel are directed to meet and confer with counsel for

25 defendants, and then to contact the courtroom deputy to schedule a hearing for

26 plaintiffs’ motion for a preliminary injunction if desired.

27 //

28 //

ORDER DENYING THE PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER ~ 3

Case 4:14-cv-05083-SAB Document 6 Filed 08/05/14

1

IT IS SO ORDERED. The District Court Executive is hereby directed to

2 file this Order and provide copies to counsel.

3

4

DATED this 5th day of August, 2014.

5

6

7

8

9

STANLEY A. BASTIAN United States District Judge

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER DENYING THE PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER ~ 4

 
 Farris v. Franklin County

2014 WL 4410859 Only the Westlaw citation is currently available.
United States District Court, E.D. Washington.
Teresa FARRIS; Wardell Braxton; Giovanni Kinsey; Guadelupe Montejano; Thomas
Eddington; Paul McVay; Frank Murillo; Richard Vinson, and all other people who are similarly situated, Plaintiffs, v.
FRANKLIN COUNTY, Sheriff Richard Lathi and Captain Rick Long, Defendants.
No. 4:14–CV–05083–SAB. | Signed Sept. 8, 2014.
Attorneys and Law Firms
Melissa R. Lee, Andra Kranzler, Nicholas B. Straley, Columbia Legal Services, Seattle, WA, for Plaintiffs.
John Edward Justice, William Dale Kamerrer, Law Lyman Daniel Kamerrer & Bogdanovich PS, Tumwater, WA, for Defendants.
ORDER DENYING PLAINTIFFS’ MOTION FOR RECONSIDERATION RE: TRO
STANLEY A. BASTIAN, District Judge.
*1 Before the Court is the plaintiffs’ Motion for Reconsideration of the Court’s Order Denying Plaintiffs’ Motion for a Temporary Restraining Order, ECF No. 10. The motion was heard without oral argument.
Previously, the plaintiffs alleged that the Franklin County jail regularly engaged in unconstitutional practices such as denying inmates access to mental health care, confining inmates to solitary confinement for lengthy and unhealthy periods of time, shackling inmates to fixed objects for days on end, and shackling inmates on suicide watch to a fence located in the jail booking area wearing only a smock. The plaintiffs requested a temporary restraining order barring those practices. This Court denied the request for several reasons including, the lack of service of process or reasonable notice to the defendants, the lack of a response from the defendants, and the lack of admissible evidence of immediate and

irreparable harm. This Court invited the parties to schedule a hearing for a preliminary injunction, but instead the plaintiffs filed this motion for reconsideration.
“[A] motion for reconsideration should not be granted, absent highly unusual circumstances, unless the district court is presented with newly discovered evidence, committed clear error, or if there is an intervening change in the controlling law.” Kona Enterprises, Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir.2000) (quoting 389 Orange Street Partners v. Arnold, 179 F.3d 656, 665 (9th Cir.1999)). It is considered an “extraordinary remedy, to be used sparingly in the interests of finality and conservation of judicial resources.” Id. A motion under Rule 59(e) “may not be used to raise arguments or present evidence for the first time when they could reasonably have been raised earlier in the litigation.” Id. (emphasis in original).
Here, the plaintiffs have not presented newly discovered evidence, or argued there is an intervening change in the controlling law. Instead, the plaintiffs suggest the Court committed clear error. Moreover, the plaintiffs’ Motion for Reconsideration is more narrowly focused than the original motion for temporary restraining order because the plaintiffs now seek to enjoin only the alleged practice of shackling inmates to fixed objects with metal restraints. The defendants have responded with evidence that a temporary restraining order is not necessary because no inmates are currently chained to fixed objects and the need to use such restraints has been substantially reduced because the jail was recently renovated. Consequently, the plaintiffs have not met the standard for a motion for reconsideration, nor have they met the standard for the issuance of a temporary restraining order.
A temporary restraining order “should be restricted to serving [its] underlying purpose of preserving the status quo and preventing irreparable harm just so long as is necessary to hold a hearing, and no longer.” Granny Goose Foods, Inc. v. Bhd. of Teamsters & Auto Truck Drivers, 415 U.S. 423, 438–439, 94 S.Ct. 1113, 39 L.Ed.2d 435 (1974). Federal Rule of Civil Procedure 65 governs temporary restraining orders and requires that a motion for such an order include specific facts in an affidavit or a verified complaint that clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition. Fed. R. Civ.P. 65(b). Injunctive relief is an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief. Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 22, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). Accordingly,
1

Farris v. Franklin County
there are “very few circumstances justifying the issuance of an ex parte TRO.” Reno Air Racing Ass’n Inc. v. McCord, 452 F.3d 1126, 1131 (9th Cir.2006).
*2 The plaintiffs’ motion for reconsideration is denied because there is no evidence of immediate and irreparable injury and a restraining order is not required to preserve the status quo. The allegations made by the plaintiffs are serious and concerning, but they remain unproven. Additionally, many of the allegations have either been explained or denied by the defendants. The written record before the Court does not provide the necessary evidence or legal justification for either a temporary restraining order or a preliminary injunction. This dispute, and the serious issues raised by the plaintiffs, cannot and should not be resolved based only on a written record and without a full hearing on the merits.
Accordingly, IT IS HEREBY ORDERED:
1. Plaintiffs’ Motion for Reconsideration of the Court’s
	  

Order Denying Plaintiffs’ Motion for a Temporary Restraining Order, ECF No. 10, is DENIED.
2. Plaintiffs are granted leave to file a motion for preliminary injunction only if they have evidence that an inmate has been chained to a fixed object for an unreasonable period of time, or if they have evidence of immediate and irreparable harm. Otherwise, the issues raised by the plaintiffs in the Amended Complaint must be resolved after a full hearing on the merits.
3. A telephonic scheduling conference will be set after the defendants file their Answer to Plaintiffs’ Amended Complaint.
IT IS SO ORDERED. The District Court Executive is hereby directed to file this Order and provide copies to counsel.
	  
	   	  

2

 
 Case 4:14-cv-05083-SAB ECF No. 89 filed 02/12/16 PageID.947 Page 1 of 6

1

THE HONORABLE STANLEY A. BASTIAN

2 NICHOLAS B. STRALEY MELISSA R. LEE
3 RHONA TAYLOR COLUMBIA LEGAL SERVICES
4 Institutions Project 101 Yesler Way, Suite 300
5 Seattle, WA 98104 (206) 464-0838
6 DAVID R. CARLSON
7 ANNA C. GUY DISABILITY RIGHTS WASHINGTON
8 315 Fifth Avenue South, Suite 850 Seattle, WA 98104
9 (206) 324-1521

10

UNITED STATES DISTRICT COURT

11

EASTERN DISTRICT OF WASHINGTON

12 TERESA FARRIS, et al.,

CLASS ACTION

13

Plaintiffs,

No. 4:14-cv-05083-SAB

14

v.

15 FRANKLIN COUNTY et al.,

JOINT STATUS REPORT AND MOTION FOR STAY OF PROCEEDINGS

16

Defendants.

March 14, 2016 at 6:30 p.m.

Without Oral Argument

17

18

19

Plaintiffs and Defendants (hereinafter the “Parties”) submit this joint status

20 report and request that this Honorable Court stay further proceedings pursuant to

21 JOINT STATUS REPORT AND MOTION
TO STAY PROCEEDINGS – Page 1

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

Case 4:14-cv-05083-SAB ECF No. 89 filed 02/12/16 PageID.948 Page 2 of 6

1 E.D.L.R. 7.1. As discussed herein, the Parties have resolved this matter through

2 settlement. Accordingly, the Parties jointly move the Court to stay litigation in this

3 matter. The Parties submit the following in support of their motion:

4

1. The Parties filed a joint motion for referral to a magistrate judge for

5 settlement conference on December 8, 2015.

6

2. On December 15, 2015, Defendants submitted a motion to extend

7 their deadline for expert reports from December 31, 2015 to January 31, 2016.

8 Plaintiffs agreed with the motion.

9

3. On December 16, 2015, this Court granted the Parties’ request and

10 referred this matter to United States Magistrate Judge John T. Rodgers. The Court

11 also granted Defendants’ motion to extend the time for defense expert reports to

12 January 31, 2016.

13

4. On December 8, 2016, United States Magistrate Judge Rodgers

14 ordered the settlement conference to begin February 4, 2016.

15

5. Defendants submitted a motion to extend their deadline for two

16 defense expert reports from January 31, 2016 to February 29, 2016. Plaintiffs did

17 not object.

18

6. On January 25, 2016, this Court granted Defendants’ motion to extend

19 their expert report deadline to February 29, 2016.

20

21 JOINT STATUS REPORT AND MOTION
TO STAY PROCEEDINGS – Page 2

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

Case 4:14-cv-05083-SAB ECF No. 89 filed 02/12/16 PageID.949 Page 3 of 6

1

7. The Parties participated in a settlement conference on February 4 and

2 5, 2016.

3

8. On February 5, 2016, the Parties reached a settlement. As a result, United

4 States Magistrate Judge Rodgers entered the Parties’ confirmation of reaching an

5 agreement on the record.

6

The Parties have conferred and created a plan related to a joint motion for

7 approval of settlement agreement and stay of proceedings.

8

Preliminary Approval of Settlement Agreement and Class Certification. The

9 Parties will file a motion for preliminary approval of the Settlement Agreement on

10 or before February 29, 2016. Both Parties have signed a Settlement Agreement.

11 However, the Parties would like to file a joint motion for class certification with

12 the motion for preliminary approval of the Settlement Agreement and need

13 additional time to prepare their motion.

14

Suspension of Defendants’ Expert Reports. As a result of settlement,

15 Defendants do not anticipate the need to file the remaining defense expert reports

16 due on February 29, 2016. The Parties agree that the Defendants’ filing of

17 remaining expert reports should be suspended.

18

For all the reasons aforementioned, the Parties respectfully request that this

19 Court grant their motion to stay proceedings in this matter.

20

21 JOINT STATUS REPORT AND MOTION
TO STAY PROCEEDINGS – Page 3

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

Case 4:14-cv-05083-SAB ECF No. 89 filed 02/12/16 PageID.950 Page 4 of 6

1

Respectfully submitted this 12th day of February, 2016.

2

ATTORNEYS FOR PLAINTIFFS

COLUMBIA LEGAL SERVICES

3

/s/ RHONA TAYLOR

4

Rhona Taylor, WSBA #48408

Nicholas B. Straley, WSBA #25963

5

Melissa R. Lee, WSBA #38808

Attorneys for Plaintiffs

6

Rhona.Taylor@Columbialegal.org

Columbia Legal Services

7

Institutions Project

101 Yesler Way, Suite 300

8

Seattle, WA 98104

(206) 464-0838 – phone

9

(206) 382-3386 – fax

10

DISABILITY RIGHTS WASHINGTON

11

/s/ DAVID R. CARLSON

David R. Carlson, WSBA #35767

12

Anna C. Guy, WSBA #48154

davidc@dr-wa.org

13

Disability Rights Washington

315 Fifth Avenue South, Suite 850

14

Seattle, WA 98104

(206) 324-1521 – phone

15

(206) 957-0729 – fax

16

ATTORNEYS FOR DEFENDANTS

LAW, LYMAN, DANIEL, KAMERRER &

17

BOGDANOVICH, P.S.

18

/s/ W. DALE KAMERRER

19

W. Dale Kamerrer, WSBA 8218

John E. Justice, WSBA 23042

20

dkamerrer@lldkb.com

21 JOINT STATUS REPORT AND MOTION
TO STAY PROCEEDINGS – Page 4

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

Case 4:14-cv-05083-SAB ECF No. 89 filed 02/12/16 PageID.951 Page 5 of 6

1

Law, Lyman, Daniel, Kamerrer &

Bogdanovich, P.S.

2

P.O. Box 11880

Olympia, WA 98508-1880

3

(360) 754-3480

(360 357-3511 fax

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21 JOINT STATUS REPORT AND MOTION
TO STAY PROCEEDINGS – Page 5

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

Case 4:14-cv-05083-SAB ECF No. 89 filed 02/12/16 PageID.952 Page 6 of 6

1

Certificate of Service

2 I hereby certify that on February 12, 2016, I electronically filed the
3 foregoing with the Clerk of the Court using the CM/ECF system, which will send
4 notification of such filing to the following:
5 W. Dale Kamerrer
6 dkamerrer@lldkb.com
7 John E. Justice jjustice@lldkb.com
8 Law, Lyman, Daniel, Kamerrer & Bogdanovich, P.S.
9 P.O. Box 11880 Olympia, WA 98508-1880
10 (360) 754-3480 (360) 357-3511 fax
11 Attorneys for Defendants

12

13

/s/ RHONA TAYLOR

RHONA TAYLOR, WSBA #48408

14

Of Attorneys for Plaintiffs

15

Columbia Legal Services

Institutions Project

16

101 Yesler Way, Suite 300

Seattle, WA 98104

17

(206) 464-0838 – phone

(206) 464-0856 – fax

18

rhona.taylor@columbialegal.org

19

20

21 JOINT STATUS REPORT AND MOTION
TO STAY PROCEEDINGS – Page 6

COLUMBIA LEGAL SERVICES Institutions Project
101 Yesler Way, Suite 300 Seattle, WA 98104 (206) 464-0838

 
 Case 4:14-cv-05083-SAB ECF No. 90 filed 03/16/16 PageID.955 Page 1 of 2

1

2

3

4

5

6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8

9 TERESA FARRIS, et al.,

10

Plaintiffs,

NO. 4:14-cv-5083-SAB

11

v.

12 FRANKLIN COUNTY, et al.,

ORDER GRANTING MOTION

13

Defendants.

FOR STAY OF PROCEEDINGS

14

15

Before the Court is the parties’ Joint Status Report and Motion for Stay of

16 Proceedings. ECF No. 89. The parties inform the Court they have reached a

17 settlement. The parties indicate they will be filing a joint motion for class

18 certification and a joint motion for preliminary approval of a settlement agreement.

19 Because the parties have reached a settlement, they request a stay of proceedings

20 in this matter and the suspension of Defendants’ filing of expert reports. The Court

21 finds good cause to grant the motion. The above-captioned case is stayed until

22 further notice.

23

Accordingly, IT IS ORDERED:

24 1. Parties’ Joint Status Report and Motion for Stay of Proceedings, ECF No.

25

89, is GRANTED.

26 2. The parties shall file a motion for class certification, a motion for approval

27

of a settlement agreement, or a joint status report within sixty days.

28 3. The above-captioned matter is STAYED until further notice.

ORDER GRANTING MOTION FOR STAY OF PROCEEDINGS # 1

Case 4:14-cv-05083-SAB ECF No. 90 filed 03/16/16 PageID.956 Page 2 of 2

1

IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

2 this Order, mark the above-captioned case STAYED, and provide copies to

3 counsel.

4

DATED this 16th day of March 2016.

5

6

7

8

9

10

Stanley A. Bastian

11

United States District Judge

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER GRANTING MOTION FOR STAY OF PROCEEDINGS # 2

 
 Case 4:14-cv-05083-SAB ECF No. 94 filed 04/28/16 PageID.1049 Page 1 of 9

1

2

3

4

5

6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8

9 TERESA FARRIS, et al.,

10

Plaintiffs,

NO. 4:14-cv-5083-SAB

11

v.

12 FRANKLIN COUNTY, et al.,

ORDER GRANTING CLASS

13

Defendants.

CERTIFICATION AND

14

PRELIMINARY APPROVAL OF

15

CLASS SETTLEMENT

16

17

Before the Court is Plaintiffs’ Motion for Class Certification, Preliminary

18 Approval of Proposed Class Action Settlement, And Approval of Notice to Class.

19 ECF No. 91. The Defendants do not oppose entry of this Order.

20

The Court, having considered the Motion, the declarations filed in support

21 of the Motion, the Settlement Agreement with its exhibits, and all other matters

22 properly before the Court, makes the following findings of facts, conclusions of

23 law and enters the orders set out below.

24 CERTIFICATION OF PLAINTIFF CLASS

25

1) Every night, the Franklin County Corrections Center (“the Jail”)

26 houses over 180 men and women serving out criminal sentences or awaiting trial.

27 Men and women enter and leave the Jail every day. The Proposed Plaintiff Class

28 ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY

APPROVAL OF CLASS SETTLEMENT # 1

Case 4:14-cv-05083-SAB ECF No. 94 filed 04/28/16 PageID.1050 Page 2 of 9

1 includes a large, but unknown number of people who will be incarcerated at the

2 Jail in the future during the term of the Settlement Agreement.

3

2) The Plaintiff Class is so numerous that joinder of all members of the

4 Plaintiff Class is impracticable.

5

3) The Plaintiff Class shares many common questions of law and fact.

6

4) The proposed Class Representatives for the Plaintiff Class are Teresa

7 Farris; Wardell Braxton; Giavonni Kinsey; Guadalupe Montejano; Thomas

8 Eddington; Paul McVay; Frank Murillo; and Richard Vinson. The Class

9 Representative’s claims are typical of the claims of the members of the Plaintiff

10 Class.

11

5) The Proposed Class Representatives and their counsel have fairly and

12 adequately represented and protected the interests of the Plaintiff Class and will

13 continue to do so.

14

6) The Class Representatives have no conflict of interests with other Class

15 Members or the Plaintiff Class as a whole, and should be appointed Class

16 Representatives for the Plaintiff Class.

17

7) Columbia Legal Services and its attorneys are qualified, competent

18 counsel with sufficient resources, have fairly and adequately represented the

19 interests of the Plaintiff Class and will continue to do so.

20

8) The Defendants’ alleged acts or omissions which are at issue in this

21 litigation apply generally to the Plaintiff Class and to the Class Representatives, so

22 that final injunctive relief or corresponding declaratory relief is appropriate with

23 respect to the Plaintiff Class as a whole.

24

9) Class Certification pursuant to Fed. R. Civ. Pro. 23(b)(2) is therefore

25 warranted.

26

27

28 ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY

APPROVAL OF CLASS SETTLEMENT # 2

Case 4:14-cv-05083-SAB ECF No. 94 filed 04/28/16 PageID.1051 Page 3 of 9

1

Based upon the foregoing findings of fact and conclusions of law, the Court

2 hereby enters the following order regarding certification of the proposed Plaintiff

3 Class.

4

10) The Court certifies the proposed Plaintiff Class pursuant to Federal

5 Rule of Civil Procedure 23(b)(2).

6

11) The Plaintiff Class shall be defined as: All individuals who are now,

7 or in the future will be, detained in the Franklin County Correctional Center

8 during the term of the parties’ Settlement Agreement.

9

12) Teresa Farris; Wardell Braxton; Giavonni Kinsey; Guadalupe

10 Montejano; Thomas Eddington; Paul McVay; Frank Murillo; and Richard Vinson

11 are appointed Class Representatives for the Plaintiff Class.

12

13) Columbia Legal Services, Nicholas B. Straley, Melissa Lee, and

13 Rhona Taylor are appointed to represent the Plaintiff Class as class counsel.

14 PRELIMINARY APPROVAL OF SETTLEMENT

15

14) Federal Rule of Civil Procedure 23(e) requires the Court to review the

16 parties’ proposed settlement agreement and approve it.

17

15) At this stage of the proceedings, the Court must initially consider

18 whether to grant preliminary approval of the settlement as a first step toward final

19 approval.

20

16) In granting preliminary approval, the Court considers whether the

21 Settlement Agreement appears to be the product of serious, informed, non-

22 collusive negotiations; has no obvious deficiencies; does not grant preferential

23 treatment to class representatives, and falls within the range of possible approval.

24

17) The Court finds that the Settlement Agreement was the result of

25 informed, non-collusive, protracted, and arm’s length negotiations between

26 competent counsel assisted by United States Magistrate Judge James P. Hutton

27 (ret.) and United States Magistrate Judge John T. Rodgers, that it falls within the

28 ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY

APPROVAL OF CLASS SETTLEMENT # 3

Case 4:14-cv-05083-SAB ECF No. 94 filed 04/28/16 PageID.1052 Page 4 of 9

1 range of reasonableness, that the Class Representatives will receive no preferential

2 treatment, and that it treats all Class Members fairly.

3

18) The Settlement Agreement appears on its face to be fair, adequate,

4 and reasonable.

5

Based upon the foregoing findings of fact and conclusions of law, the Court

6 hereby enters the following order regarding preliminary approval of the settlement.

7

19) Preliminary approval of the parties’ Settlement Agreement is granted,

8 and its terms are conditionally approved, subject to final approval at the Final

9 Approval Hearing.

10 APPROVAL OF NOTICE TO PLAINTIFF CLASS, METHOD OF

11 DISSEMINATION, OBJECTIONS OF CLASS MEMBERS AND FINAL

12 APPROVAL HEARING

13 20) Federal Rule of Civil Procedure 23(e) requires the Court to “direct

14 notice in a reasonable manner to all class members” before considering whether to

15 finally approve the parties’ Settlement Agreement.

16

21) Rule 23(e) also requires that the Court give all Class Members an

17 opportunity to object to the proposed settlement before the Court considers

18 whether to finally approve the settlement.

19 22) The Court may only grant final approval to the parties’ settlement if it

20 finds that the settlement is “fair, reasonable, and adequate.”

21 Fed. R. Civ. P. 23(e)(2).

22

23) The content of the proposed Class Action Notice Of Settlement To

23 All Individuals Held At The Franklin County Corrections Center (“Class Notice”)

24 attached as Exhibit 2 and of the shorter one page Notice attached as Exhibit 3

25 (One Page Notice) to the Plaintiffs’ motion and the method of dissemination they

26 propose meet the requirements of due process and Federal Rules of Civil

27

28 ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY

APPROVAL OF CLASS SETTLEMENT # 4

Case 4:14-cv-05083-SAB ECF No. 94 filed 04/28/16 PageID.1053 Page 5 of 9

1 Procedure 23(c)(2) and 23(e)(1), are reasonable and the best notice that is

2 practicable under the circumstances.

3

Based upon the foregoing findings of fact and conclusions of law, the Court

4 hereby enters the following order regarding Class Member notification.

5

24) The Court approves the Class Notice that the Plaintiffs attached as

6 Exhibit 2 to their motion.

7

25) The Court also approves the One Page Notice attached as Exhibit 3 to

8 their motion.

9

26) Both notices shall be translated into Spanish.

10

27) The Court approves the method of dissemination of the two Notices

11 proposed by the Plaintiffs in their motion.

12

28) On a date specific within the next thirty (30) days, the Defendants

13 shall deliver an English and Spanish version of the One Page Notice to all persons

14 then incarcerated at the Jail.

15

29) On that same date and thereafter, the Defendants shall provide any

16 person who is booked into the Jail the One Page Notice.

17

30) On that same date and thereafter, the Defendants shall conspicuously

18 post a copy of the English and Spanish versions of the Class Notice throughout the

19 Jail, including in each housing block, in the infirmary, in the Booking area, in the

20 public visiting area of the Jail, and in the public area of the Jail’s administrative

21 offices.

22

31) The Defendants and Plaintiffs’ counsel shall both place a link to a

23 copy of the English and Spanish versions of the Class Notice and a link to the

24 Settlement Agreement on their respective web sites no later than thirty (30) days

25 after entry of this order.

26

32) The Defendants shall provide a copy of the One Page Notice or Class

27 Notice to any person who requests one.

28 ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY

APPROVAL OF CLASS SETTLEMENT # 5

Case 4:14-cv-05083-SAB ECF No. 94 filed 04/28/16 PageID.1054 Page 6 of 9

1

33) By June 1, 2016, the Defendants shall have mutually agreed upon

2 English and Spanish versions of the Class Notice published in the Tri-City Herald

3 newspaper on at least three separate days.

4

34) The Defendants shall provide all people incarcerated at the Jail any

5 member of the public reasonable access to the parties’ Settlement Agreement and

6 an opportunity to review it.

7

35) Any Class Member who wishes to object to the fairness,

8 reasonableness, or adequacy of the Settlement Agreement must send a written

9 statement setting forth his or her objection(s) by first-class mail, postage prepaid,

10 to the Court and the attorneys for the parties.

11

36) To be considered, the objection must be in writing and must include

12 the following information: (a) the name of the case, Farris v. Franklin County,

13 Case No. 4: 14-cv-05083-SAB; (b) the objecting Class Member’s name, Franklin

14 County inmate number, expected release date from Franklin County Jail, home or

15 contact address and telephone number; (c) a sentence stating that the objecting

16 Class Member is a member of the Class; (d) the reasons why the Class Member

17 objects; and (e) any evidence and legal authority the Class Member wishes to

18 bring to the Court’s attention in support of his or her objection(s). .

19

37) Objections must be mailed to the Court at U.S. District Court, P.O.

20 Box 2706, Yakima, WA 98907 or 25 South 3rd St. Room 201, Yakima, WA

21 98901, and postmarked no later than June 20, 2016. Copies of all objections must

22 also be mailed to each of the following no later than June 20, 2016:

23 Plaintiffs’ Counsel:

24

Nick Straley, Columbia Legal Services, 101 Yesler Way, Ste. 300, Seattle,

25

WA 98104.

26

27

28 ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY

APPROVAL OF CLASS SETTLEMENT # 6

Case 4:14-cv-05083-SAB ECF No. 94 filed 04/28/16 PageID.1055 Page 7 of 9

1 Defendants’ Counsel:

2

W. Dale Kamerrer, Law, Lyman, Daniel Kamerrer & Bogdanovich, P.S.,

3

P.O. Box 11880, Olympia, WA 98508.

4

38) Any member of the Plaintiff Class who fails to object in writing as

5 described above by the deadline shall waive and forfeit any and all rights he or she

6 may have to object to final approval of the Settlement Agreement.

7

39) Any Class Member may raise an objection either on his or her own or

8 through an attorney hired at the Class Member’s own expense. A Class Member’s

9 hiring of an attorney shall not extend any of the deadlines set forth in this Order. If

10 a Class Member hires an attorney other than Class Counsel to represent him or her,

11 the attorney must file and serve a notice of appearance, no later than June 20,

12 2016.

13

40) Any Class Member or attorney, other than the parties’ counsel,

14 intending to appear and speak at the Final Approval Hearing must send a notice of

15 their intention to do so by first-class mail, postage prepaid, to the Court and the

16 Parties’ counsel postmarked no later than June 20, 2016. Any Class Member or

17 attorney, other than the Parties’ counsel, who fails to provide the notice of his or

18 her intention to appear and speak will not be allowed to speak at the Final

19 Approval Hearing.

20

41) It is not necessary for any Class Member who objects as described

21 above to appear at the Final Approval Hearing. The Court will consider any

22 properly made objection before making a decision regarding whether to finally

23 approve the Settlement.

24

42) Class Counsel shall file a motion for final approval of the settlement

25 and a response to any proper objections no later than July 13, 2016.

26

43) The Final Approval Hearing will be held at 12:45 p.m. on

27 Wednesday, July 20, 2016 at the United States Courthouse for the Eastern District

28 ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY

APPROVAL OF CLASS SETTLEMENT # 7

Case 4:14-cv-05083-SAB ECF No. 94 filed 04/28/16 PageID.1056 Page 8 of 9

1 of Washington in Richland, Washington located at 825 Jadwin Avenue, Richland,

2 WA 99352.

3

4 CASE SCHEDULE

5

44) The Court also sets the following deadlines:

6

7

Event

Timing or Deadline

8 1. 9 10 11
2. 12 13 14 15 16 3. 17 18 19 4.

Deadline for posting Notice of Proposed Class Action Settlement throughout the Jail and hand delivery of notice to all current inmates. Deadline for Defendants’ and Plaintiffs’ counsel to post a copy of the Notice of Proposed Class Action Settlement and a copy of the parties’ Settlement Agreement on their respective web sites. Deadline for publication of Notice of Proposed Class Action Settlement in English and Spanish on three separate dates in the TriCities Herald. Deadline for filing objections

Not later than thirty (30) days after entry of this Order.
Not later than thirty (30) days after the entry of this Order.
Wednesday, June 1, 2016
Monday, June 20, 2016

20 5.
21

Deadline for attorneys representing objectors to serve

Monday, June 20, 2016

22

and file notices of appearance.

23 6.

Deadline for objectors or their attorneys to serve and file notice

Monday, June 20, 2016

24

of intent to appear and speak at

25

Final Approval Hearing.

7. Deadline for Class Counsel to file Wednesday, July 13, 2016

26

Plaintiffs’ motion for final

27

approval and response to any

objections or opposition

28

ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY

APPROVAL OF CLASS SETTLEMENT # 8

Case 4:14-cv-05083-SAB ECF No. 94 filed 04/28/16 PageID.1057 Page 9 of 9

1

Event

Timing or Deadline

2

memorandum filed by any

3

objector.

4 8.
5

Final Approval Hearing in United 12:45 p.m., July 20, 2016. States Courthouse in Richland,

6 9.
7

Washington.

Deadline for Class Counsel to file Not later than thirty days after

motion for award of attorneys’

final approval of the settlement

8

fees and costs.

by the Court.

9

10.

Deadline for Appointment of Monitor.

Not later than thirty days after final approval of the settlement

10

by the Court.

11

12 Accordingly, it is HEREBY ORDERED:

13 Plaintiffs’ Motion for Class Certification, Preliminary Approval of

14 Proposed Class Action Settlement, and Approval of Notice to Class, ECF No. 91,

15 is GRANTED.

16

IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

17 this Order and to provide copies to counsel.

18 DATED this 28th day of April 2016.

19

20

21

22

23

24

Stanley A. Bastian

25

United States District Judge

26

27

28 ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY

APPROVAL OF CLASS SETTLEMENT # 9

 
 Case 4:14-cv-05083-SAB ECF No. 106 filed 07/21/16 PageID.1107 Page 1 of 5

1

2

3

4

5

6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8

9 TERESA FARRIS, et al.,

10

Plaintiffs,

NO. 4:14-cv-5083-SAB

11

v.

12 FRANKLIN COUNTY, et al.,

ORDER GRANTING

13

Defendants.

APPROVAL OF CLASS

14

SETTLEMENT

15

16

On July 20, 2016, the Court held a Fed. R. Civ. P. 23(e) fairness hearing

17 considering final approval of the Class Settlement. Plaintiffs were represented by

18 Rhona Taylor. Defendants were represented by Dale Kamerrer. Previously, this

19 Court granted preliminary approval of the settlement, certified the class, and

20 ordered notice. ECF No. 98.

21

The Court has reviewed both parties’ filings regarding the Motion for Final

22 Approval of Class Action Settlement, ECF No. 99, considered the oral

23 presentations made by counsel, and is fully informed. No objections from any

24 class member were received by any party. In deciding whether to grant final

25 approval of the class action settlement, this Court considered the following

26 factors:

27

(1) the strength of the plaintiff's case; (2) the risk, expense,

complexity, and likely duration of further litigation; (3) the risk of

28

maintaining class action status throughout the trial; (4) the amount

ORDER GRANTING APPROVAL OF CLASS SETTLEMENT # 1

Case 4:14-cv-05083-SAB ECF No. 106 filed 07/21/16 PageID.1108 Page 2 of 5

1

offered in settlement; (5) the extent of discovery completed and the

2

stage of the proceedings; (6) the experience and views of counsel; (7)

the presence of a governmental participant; and (8) the reaction of the

3

class members of the proposed settlement.

4

5 Churchill Village, L.L.C. v. General Electric, 361 F.3d 566, 575 (9th Cir. 2004).

6 The Court is satisfied the terms and conditions set forth in the Settlement

7 Agreement were the result of good faith, arm’s length settlement negotiations

8 between competent and experienced counsel for both Plaintiffs and Defendants.

9 The Court approves the Settlement Agreement in full with three minor

10 modifications indicated in ¶ 8 below.

11 Accordingly, it is HEREBY ORDERED:

12 1. Plaintiffs’ Motion for Final Approval of Class Action Settlement, ECF No.

13

99, is GRANTED.

14 2. For purposes of this litigation, the Court has subject matter and personal

15

jurisdiction over the parties, including all class members.

16 3. The Parties have provided adequate notice to the plaintiff class in a manner

17

consistent with this Court’s April 28, 2016 Order Granting Class

18

Certification and Preliminary Approval of Class Settlement, ECF No. 94, as

19

amended by the Order Amending Order Granting Class Certification and

20

Preliminary Approval of Class Certification, ECF No. 98, filed on June 22,

21

2016. The notice, as implemented, met the requirements of due process and

22

was reasonable under the circumstances. The notice was reasonably

23

calculated under the circumstances to apprise class members of the

24

pendency of the action, the terms of the Settlement Agreement, and their

25

right to appear and/or object to the settlement. Further, the notice was

26

reasonable and constituted due, adequate, and sufficient notice to all

27

persons entitled to receive notice.

28

ORDER GRANTING APPROVAL OF CLASS SETTLEMENT # 2

Case 4:14-cv-05083-SAB ECF No. 106 filed 07/21/16 PageID.1109 Page 3 of 5

1 4. The Court has determined that a full opportunity has been provided to the

2

class members to object to the terms of the settlement and otherwise

3

participate in the Fairness Hearing. No class member filed or served an

4

objection to the settlement and no class member chose to participate in the

5

Fairness Hearing.

6 5. The Court has carefully considered all the papers, evidence, and arguments

7

before it and has made its independent judgments that: (a) plaintiffs and

8

class members face significant risks if this litigation were to proceed; (b)

9

the possibility of a greater ultimate result is speculative and any such result

10

would only occur after considerable delay; (c) the terms of the Settlement

11

Agreement, as amended by this Order in ¶8, provide substantial and

12

meaningful benefits to the class; (d) the settlement is the product of

13

meaningful investigation into the facts and circumstances surrounding the

14

defendants’ policies and practices related to their operation of the Franklin

15

County Correctional Center; (e) the settlement complies with the Prison

16

Litigation Reform Act provision, 18 U.S.C. § 2626(a)(1)(A); (f) the

17

settlement negotiations were extensive, at arm’s length with the assistance

18

of United States Magistrate Judges James P. Hutton (ret.) and John T.

19

Rodgers and without any collusion; (g) the reaction by the class has been in

20

favor of the settlement; and (h) experienced class counsel support the

21

settlement.

22 6. Accordingly, having considered the foregoing; the costs, risks, and delays

23

of continued litigation versus the benefits provided by the settlement; and

24

based on this Court’s knowledge of this litigation, the Court finds and

25

concludes that the settlement is in the best interests of the class and is fair,

26

reasonable, and adequate as to all class members. The Court therefore

27

enters judgment in accordance with the Settlement Agreement.

28

ORDER GRANTING APPROVAL OF CLASS SETTLEMENT # 3

Case 4:14-cv-05083-SAB ECF No. 106 filed 07/21/16 PageID.1110 Page 4 of 5

1 7. The representative plaintiffs and the plaintiff class have not sought

2

monetary damages in this action. The defendants have denied, and continue

3

to deny liability for the allegations in the complaints. The Court finds that

4

none of the representative plaintiffs nor any of the plaintiff class are barred

5

from seeking monetary damages in any other appropriate action involving

6

any of the defendants or any other third parties regarding the same facts,

7

transactions or occurrences alleged in this case and based upon the same or

8

similar causes of action. If such claims are made in a different action by

9

any representative plaintiff or member of the plaintiff class, neither the

10

plaintiff nor the defendant in any such action should be subject to claim or

11

issue preclusion related to liability or damages or should be barred from

12

asserting any allegation, claim, damage, or defense.

13 8. The settlement and the terms of the Settlement Agreement are granted

14

final approval with the following modifications:

15

a. The monitor, as described in Part B of the Settlement

16

Agreement, shall be in place, by stipulation filed with this Court,

17

within thirty days of the date of this Order.

18

b. If a stipulation cannot be reached within thirty days, the parties

19

shall schedule a hearing with the Court within forty days of this

20

Order.

21

c. The parties shall file a written agreement with the monitor

22

concerning the monitor’s roles and responsibilities within thirty

23

days of the selection of a monitor. The Court shall review the

24

monitor agreement and provide its approval.

25 9. The Parties are hereby directed to proceed with and complete

26

implementation of the settlement agreement, as modified by ¶ 8 of this

27

Order.

28

ORDER GRANTING APPROVAL OF CLASS SETTLEMENT # 4

Case 4:14-cv-05083-SAB ECF No. 106 filed 07/21/16 PageID.1111 Page 5 of 5

1 10. All parties are bound by this Order and Judgment and by the Settlement

2

Agreement, as modified by ¶8 of this Order.

3 11. Without affecting the finality of this Order and Judgment, the Court retains

4

continuing and exclusive jurisdiction over the parties and their counsel,

5

including all class members and their counsel, with respect to the

6

execution, administration, and enforcement of the Settlement Agreement

7

and this Order, including the entry of any additional orders as may be

8

necessary and appropriate relating to any and all issues including appeals.

9

The Court will monitor this Settlement Agreement very closely and,

10

absent unusual and unexpected circumstances, will not grant requests

11

to extend the deadlines or alter the obligations to which the parties

12

have agreed.

13 IT IS SO ORDERED. The District Court Clerk is hereby directed to enter

14 this Order, enter judgment, and to provide copies to counsel.

15

DATED this 21st day of July 2016.

16

17

18

19

20
Stanley A. Bastian
21
United States District Judge
22

23

24

25

26

27

28

ORDER GRANTING APPROVAL OF CLASS SETTLEMENT # 5

 
 Case 4:14-cv-05083-SAB ECF No. 136 filed 12/13/16 PageID.1379 Page 1 of 3

1

2

3

4

5

6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8

9 TERESA FARRIS; WARDELL

No. 4:14-cv-05083-SAB

10 BRAXTON; GIOVANNI KINSEY;

11 GUADELUPE MONTEJANO; THOMAS ORDER GRANTING JOINT

12 EDDINGTON; PAUL McVAY; FRANK MOTION TO AWARD

13 MURILLO; RICHARD VINSON, and all PLAINTIFFS’ ATTORNEYS’

14 other people who are similarly situated, FEES AND COSTS

15

Plaintiffs,

16

v.

17 FRANKLIN COUNTY, SHERIFF

18 RICHARD LATHI and CAPTAIN RICK

19 LONG,

20

Defendants.

21

Before the Court is the Parties’ Joint Motion to Award Plaintiffs’ Attorneys’

22 Fees and Costs, ECF No. 120. The parties jointly ask that the Court enter an order

23 awarding Plaintiffs their reasonable fees and costs in the total amount of

24 $399,942.66, in addition to the amount previously awarded for Plaintiffs’ statutory

25 costs of $615.00. ECF No. 120. On November 1, 2016, the Court ordered the

26 parties to file documentation in support of the reasonableness of their request to

27 award Plaintiffs’ attorneys’ fees. ECF No. 126. The parties have since filed, and

28 ORDER GRANTING JOINT MOTION TO AWARD PLAINTIFF’S ATTORNEYS’ FEES AND COSTS + 1

Case 4:14-cv-05083-SAB ECF No. 136 filed 12/13/16 PageID.1380 Page 2 of 3

1 the Court has reviewed, that supporting documentation. ECF Nos. 130, 131, 132,

2 133, 134, 135.

3

The Court has an “independent obligation to ensure that the award, like the

4 settlement itself, is reasonable, even if the parties have agreed to the amount.” In

5 re Bluetooth Headset Prod. Liab. Litig., 654 F.3d 935, 941 (9th Cir. 2011). In a

6 class action, the Court utilizes the lodestar method in determining the fee amount.

7 Id. This method involves “multiplying the number of hours the prevailing party

8 reasonably expended on the litigation by the hourly rate.” Staton v. Boeing Co.,

9 327 F.3d 938, 965 (9th Cir. 2003) (quoting Morales v. City of San Rafael, 96 F.3d

10 359, 363 (9th Cir. 1996)). “The resulting figure may be adjusted upward or

11 downward to account for several factors including the quality of the

12 representation, the benefit obtained for the class, the complexity and novelty of the

13 issues presented, and the risk of nonpayment.” Hanlon v. Chrysler Corp., 150 F.3d

14 1011, 1029 (9th Cir. 1998) (citing Kerr v. Screen Extras Guild, Inc., 526 F.2d 67,

15 70 (9th Cir. 1975)).

16

Having reviewed the documentation in support of the parties’ Motion to

17 Award Plaintiffs’ Attorneys’ Fees and Costs, ECF No. 120, the Court finds that

18 the proposed award of $399,942.66 is fair and reasonable, and complies with the

19 requirements of the Prison Litigation Reform Act, 42 U.S.C. § 1997e(d). Thus, the

20 Court finds good cause to grant the motion and award Plaintiffs their reasonable

21 attorneys’ fees and costs.

22

Accordingly, IT IS HEREBY ORDERED:

23

1. The Parties’ Joint Motion to Award Plaintiffs’ Attorneys’ Fees and

24 Costs, ECF No. 120, is GRANTED.

25

2. Plaintiffs are awarded $399,942.66 to compensate them for reasonable

26 attorneys’ fees and costs. This figure is in addition to the statutory costs of

27 $615.00 previously awarded by the Court.

28 ORDER GRANTING JOINT MOTION TO AWARD PLAINTIFF’S ATTORNEYS’ FEES AND COSTS + 2

Case 4:14-cv-05083-SAB ECF No. 136 filed 12/13/16 PageID.1381 Page 3 of 3

1

3. The District Court Executive is directed to enter judgment in favor of

2 Plaintiff and against Defendants in the amount of $399,942.66.

3

IT IS SO ORDERED. The Clerk of Court is directed to enter this Order

4 and forward copies to counsel.

5

DATED this 13th day of December, 2016.

6

7

8

9

10

11

Stanley A. Bastian

12

United States District Judge

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 ORDER GRANTING JOINT MOTION TO AWARD PLAINTIFF’S ATTORNEYS’ FEES AND COSTS + 3

 
 Case 4:14-cv-05083-SAB ECF No. 50 filed 04/02/15 PageID.684 Page 1 of 14

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 Case 4:14-cv-05083-SAB ECF No. 91 filed 03/28/16 PageID.957 Page 1 of 26

1

THE HONORABLE STANLEY A. BASTIAN

NICHOLAS B. STRALEY

2 MELISSA R. LEE

RHONA TAYLOR

3 COLUMBIA LEGAL SERVICES

Institutions Project

4 101 Yesler Way, Suite 300

Seattle, WA 98104

5 (206) 464-0838

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF WASHINGTON

7 TERESA FARRIS, et al.,

CLASS ACTION

8

Plaintiffs,

No. 4:14-cv-05083-SAB

9

v.

10 FRANKLIN COUNTY, et al.;

11

Defendants.

12

13

PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION, PRELIMINARY APPROVAL OF PROPOSED CLASS ACTION SETTLEMENT, AND APPROVAL OF NOTICE TO CLASS
Friday, April 29, 2016, 6:30 p.m. Without Oral Argument

14
15 I.
16 II.
17
18
19
20

TABLE OF CONTENTS
INTRODUCTION AND RELIEF REQUESTED
RELEVANT FACTS
A. Procedural Background
B. The Settlement Agreement (1) Benefits of Settlement to Class (2) Term of agreement, class certification, monitoring, dispute resolution and attorneys’ fees and costs.

Page 3
3
3
5 5
8

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 1

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1 IV.
2 3 4 5 6 7 8 9 10 11

ARGUMENT
A. The Court Must Follow Certain Procedures When Considering Whether To Approve A Settlement Reached In A Putative Class Action Lawsuit.
B. The Parties Agree That The Court Should Certify This Case As A Class Action Pursuant To Fed. R. Civ. P. 23(a) & 23(b)(2). (1) The Class is large enough to support class certification. (2) The Class shares many common questions of fact and law. (3) The Representative Plaintiffs have claims that are typical of the Class as a whole. (4) The Representative Plaintiffs will fairly and adequately protect the interests of the Class. (5) The Court should certify this case pursuant to Fed. R. Civ. P. 23(b)(2) and designate Columbia Legal Services as class counsel.

Page 10
10
11 12 13 14 14
15

12

C. The Court Should Also Grant Preliminary Approval To The

Parties’ Settlement.

16

13

(1) The settlement is the result of protracted, arm’s length,

informed negotiations.

16

14

(2) The settlement is well “within the range of possible

approval.”`

17

15

(3) The settlement has no obvious deficiencies.

18

(4) The approval of the settlement by Franklin County

16

officials weighs heavily in favor of its reasonableness. 19

17

D. The Court Should Direct The Defendants To Provide Notice

To The Class As Requested By The Plaintiffs.

20

18

E. The Fairness Hearing, Deadlines, Procedures and Briefing

19

Schedule

24

20 V. CONCLUSION

25

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 2

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1

I. INTRODUCTION AND RELIEF REQUESTED

2

The Parties have reached a settlement of this lawsuit challenging conditions

3 in the Franklin County Correctional Center (“the Jail”). The Plaintiffs therefore

4 ask the Court to grant preliminary approval of the settlement pursuant to Fed. R.

5 Civ. P. 23(e), certify a settlement class of all people who will be incarcerated at

6 the Jail in the next three years and order that the Defendants serve the two class

7 notice of settlement attached as Exhibit 2 and Exhibit 3 to this motion upon 8 Plaintiff Class members in the manner described below.1

9

II. RELEVANT FACTS

10 A. Procedural Background.

11

The eight representative plaintiffs, people then incarcerated at the Franklin

12 County Jail, filed this action against the Defendants in August 2014 and alleged a

13 variety of illegal conditions there. See Dkt. #66-2 (Plaintiffs’ Second Amended

14 Complaint). These allegations included claims related to the Jail’s use of restraints

15 and chemical spray, isolation of inmates, denial of procedural due process,

16 inadequate medical and mental health care, denial of out of cell time and other

17 problems. The Plaintiffs requested class certification in their initial and amended

18 1 Plaintiffs’ counsel has shared this motion and proposed order with Defendants’ counsel and received feedback from Mr. Kamerrer. Defendants do not join this
19 motion, but have no objections to the entry of the order at this time. Defendants may file a response to the motion to provide the Court with their views if they
20 deem it necessary after filing.

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 3

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1 complaints. See Dkt #1 at 8-9 (Plaintiffs’ Original Complaint); Dkt #21at 7-9

2 (Plaintiffs’ First Amended Complaint); Dkt. #66-2 at 10-13 (Plaintiffs’ Second

3 Amended Complaint). Disability Rights Washington, a state-wide non-profit

4 organization that represents the interests of disabled Washingtonians, is also a

5 plaintiff in this action. Dkt. #66-2 at 5-6.

6

The Plaintiffs originally sued then Franklin County Sheriff Richard Lathim

7 and his Jail administrator, Captain Rick Long, in their official capacities. Dkt. #1

8 at 4-7. Sheriff Lathim lost the subsequent election and was replaced as Franklin

9 County Sheriff by current defendant, James Raymond, in January 2015. Sheriff

10 Raymond appointed Commander Stephen Sultemeier as the new Jail

11 administrator. Sheriff Raymond and Commander Sultemeier continue to oversee

12 the management and daily operations of the Jail. Dkt #66-2 at 6-10. The

13 Defendants have denied and continue to deny the Plaintiffs’ allegations.

14

Before filing suit, Plaintiffs’ counsel conducted a number of interviews with

15 people incarcerated at the Franklin County Jail and sought and received

16 documents under Washington’s Public Records Act from the Jail. See Declaration

17 of Nicholas B. Straley at 4, ¶ 19. After filing the case, the parties engaged in

18 extensive additional discovery. Plaintiffs’ counsel received and reviewed tens of

19 thousands of pages of written discovery, conducted a number of depositions and

20 retained three nationally recognized, corrections experts. Id. at 4, ¶ 21; 6 ¶¶ 29-30.

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 4

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1

The parties initially attempted to reach a settlement of this action in April

2 2015 during two days of mediation in Yakima with Magistrate Judge Hutton’s

3 assistance. Id. at 5-6, ¶ 28. They were unsuccessful at that time.

4

The Plaintiffs conducted additional discovery following the parties’

5 unsuccessful initial mediation effort. The Plaintiffs’ three experts and one of the

6 Defendants’ experts issued expert reports regarding the Jail’s operations and

7 conditions at the Jail. Id. at 6, ¶¶ 30-31. Those reports all indicated that there

8 continue to be serious problems at the Jail. Id.

9

The parties returned to mediation in February 2016 and with Magistrate

10 Judge Rodgers’ assistance reached a settlement after two more days of mediation.

11 Id. at 7, ¶¶ 33-35. The settlement agreement the parties have executed is attached

12 as Exhibit 1 to this motion. Id. at 7, ¶ 35. All of the defendants and the Franklin

13 County Board of Commissioners have approved the Settlement Agreement. Id. at

14 7, ¶ 37.

15

B. The Settlement Agreement

16

(1) Benefits of Settlement to Class.

17

The Defendants have agreed to provide extensive prospective, non-

18 monetary relief enforceable by members of the Class as part of the Settlement

19

20

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 5

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1 Agreement. See Settlement Agreement attached as Exhibit 1 (“S.A.”).

2

Specifically, the Defendants have agreed to do the following:

3

 Hire an additional 11 correctional staff and 2 administrative staff

4

over the next two years. Id. at 6-7, ¶ (A)(11).

5

 Enter into a new contract for medical and mental health services at

6

the Jail with Lourdes Health Network or another provider. Id. at 7, ¶

7

(A)(13).

8

 Renovate and repair parts of the Jail to allow for more out of cell

9

time and to improve conditions in areas of the Jail. Id. at 7, ¶ (A)(12).

10

 Draft and implement a host of new policies and procedures in a range

11

of different operational areas. Id. at 6-10, ¶¶ (A)(10), (A)(14) &

12

(A)(16) & Appendix A to S.A.2

13

 End general, jail-wide 23 hour lockdown and other practices in place

14

when the case was filed. Id. at 6-7, ¶ (A)(11).

15

 Train Jail staff on the new operations and policies and procedures. Id.

16

at 6-8, ¶¶ (A)(10) & (A)(14).

17

18 2 Appendix A to the parties’ Settlement Agreement is a list of the operational areas
19 in which the Defendants have agreed to draft and implement new policies and procedures and the applicable standard that they will use in creating each such
20 policy.

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 6

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1

 Allow an independent third party to monitor the Jail’s operations and

2

compliance with the terms of the settlement agreement over the next

3

three years. Id. at 10-13, ¶¶ (B)(1)-(B)(13).

4

The Defendants will draft policies and procedures that will conform to and

5 be consistent with jail accreditation standards created by the Washington

6 Association of Sheriffs and Police Chiefs. Their policies will also be guided by

7 relevant national correctional standards, including standards from the American

8 Correctional Association and the National Committee on Correctional Health

9 Care. S.A. at 8, ¶ (A)15 & Appendix A to S.A.

10

Because of the number of policies and procedures that must be drafted and

11 finalized, the parties have agreed that the Defendants will finalize policies on a

12 staggered timeline over the next year. Id. at 7-10, ¶¶ (A)(14) & (A)(16). Plaintiffs’

13 counsel will have an opportunity to review those drafts and provide input prior to

14 finalization and implementation. Id. at 7-8, ¶ (A)(14). The Defendants must

15 review the Plaintiffs’ suggestions and respond to them in writing. Id. Once they

16 are finalized, the Defendants will train staff regarding the new policies and

17 procedures. Id. at 6-8, ¶¶ (A)(10) & (A)(14).

18

The Defendants have also ended or agreed to end certain practices at the

19 Jail, including the use of four point restraints against inmates. The Jail will also be

20 phasing out the use of 23 hour lockdown as a general, jail-wide practice as they

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 7

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1 hire additional staff and remodel the Jail to meet the different operational needs. 2 Id. at 6-7, ¶¶ (A)(11) - (12).3

3

(2) Term of agreement, class certification, monitoring, dispute

resolution and attorneys’ fees and costs.

4 The parties have agreed that the Settlement Agreement will terminate three

5 years from the date that this Court grants final approval, provided the Defendants

6 are in compliance with its terms at that time. Id. at 4-5, ¶ (A)(6). The Court may

7 extend the term of the agreement if it believes that the Defendants have not

8 complied with its provisions. Id.

9 The parties have also agreed to the appointment of a corrections expert to

10 monitor the Defendants’ compliance with the Settlement Agreement over the next

11 three years. Id. at 10-13, ¶¶ (B)(1) - (13). The Defendants will pay a reasonable

12 amount to compensate the monitor for her time and expenses. Id. at 10-11, ¶

13 (B)(1). The Defendants will provide the monitor and Plaintiffs’ counsel with a set

14

15 3 The former Jail administration designed the Jail to keep all inmates locked in their cells, twenty three hours a day, irrespective of their classification, security
16 risk or behavior. All of the experts, including the Defendants’, agree that this policy and practice is inappropriate. The current administration is committed to
17 ending this practice, but must hire additional staff and make certain structural changes to the Jail before they can allow inmates out of their cells more frequently.
18 The Defendants have agreed to complete these tasks and eliminate jail-wide, 23 hour lockdown over the next 18 months. See S.A. at 6-7, ¶¶ (A)(11) - (12). The Jail
19 may continue to hold some inmates on 23 hour lockdown depending on the security needs of the Jail. New policies and procedures will govern the use of 23
20 hour lockdown in these more limited circumstances.

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 8

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1 of relevant reports and documents on a quarterly basis. Id. at 11-12, ¶ (B)(4) – (7).

2 In addition, the Monitor will tour the Jail at least twice and provide the Court and

3 the parties with at least two monitoring reports during the monitoring period. Id. at

4 13, ¶¶ (B)(9) – (12).

5

The Court has not yet certified a class. The parties agree that this case

6 should be certified as a class action pursuant to Fed. R. Civ. P. 23(a) and 23(b)(2).

7 Id. at 5, ¶ (A)(7). They ask the Court to certify a settlement class defined as: “All

8 individuals who are now, or in the future will be, detained in the Franklin County

9 Correctional Center during the term of the parties’ Settlement Agreement.” Id.

10 The parties agreed that the Court should determine the content of the notice of

11 settlement and the appropriate manner of service. Id. at 6, ¶ 9.

12

The Settlement Agreement also includes a dispute resolution mechanism.

13 Id. at 16-17, ¶¶ (H)(1) – (2). If the Plaintiffs believe that the Defendants have not

14 complied with the terms of the Settlement Agreement, they must first address

15 those concerns with the Defendants and seek a mutually agreeable resolution. Id.

16 at 16, ¶ (H)(1). If the parties cannot reach agreement, then the Plaintiffs may ask

17 this Court to review the dispute. Id. at 17, ¶ (H)(2).

18

The Defendants agree that the Plaintiffs are entitled to an award of their

19 reasonable attorneys’ fees and taxable costs pursuant to 42 U.S.C. §1988(b). Id. at

20 at 18-19, ¶¶ (K)(1) – (2). The Defendants have agreed that the Plaintiffs may seek

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 9

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1 the amounts that they paid to retain their three experts, provided the amount

2 sought for each is reasonable. Id. Class Counsel will file a separate request for

3 approval from the Court of an award of attorney’s fees and costs within 30 days

4 from the date the Court grants final approval of the settlement. Id.

5

Plaintiffs’ counsel believe that these promises address the significant issues

6 present in the Jail when the case was filed and those that the experts identified in

7 their reports. They further believe that the settlement is fair and adequate and in

8 the Plaintiff Class’s best interests. Straley Decl. at 8-10, ¶¶ 40-50.

9

IV. ARGUMENT

10 A. 11

The Court Must Follow Certain Procedures When Considering Whether To Approve A Settlement Reached In A Putative Class Action Lawsuit.

12

Fed R. Civ. Pro. 23(e) requires that the Court approve any settlement

13 reached between the parties.4 The settlement approval process involves two steps.

14

4 Fed. R. Civ. Pro(e) reads: 15 (e) Settlement, Voluntary Dismissal, or Compromise. The claims, issues, or

defenses of a certified class may be settled, voluntarily dismissed, or compromised 16 only with the court's approval. The following procedures apply to a proposed

settlement, voluntary dismissal, or compromise:

17

(1) The court must direct notice in a reasonable manner to all class members

who would be bound by the proposal.

18

(2) If the proposal would bind class members, the court may approve it only

after a hearing and on finding that it is fair, reasonable, and adequate.

19

(3) The parties seeking approval must file a statement identifying any

agreement made in connection with the proposal.

20

(4) If the class action was previously certified under Rule 23(b)(3), the court

may refuse to approve a settlement unless it affords a new opportunity to request

PLTS.’ MOT. FOR CLASS CERT. AND

COLUMBIA LEGAL SERVICES

PRELIM. APPROVAL – Page 10

Institutions Project 101 Yesler Way, Suite 300

Seattle, WA 98104

(206) 464-0838

Case 4:14-cv-05083-SAB ECF No. 91 filed 03/28/16 PageID.967 Page 11 of 26

1 Initially, the Court considers whether to grant preliminary approval to the

2 settlement and the type of notice that must be served upon class members. Fed. R.

3 Civ. Pro 23(e)(1). In this case where the putative class has not yet been certified,

4 the Court also considers class certification. Staton v. Boeing Co., 327 F.3d 938,

5 952 (9th Cir. 2003). After preliminary approval and following notice and an

6 opportunity for any class members to object, the Court holds a final approval

7 hearing at which it considers the proposed settlement in more detail and any

8 objections that it has received. Fed. R. Civ. P. 23(e)(3) & (e)(5). It must find that

9 the settlement is “fair, reasonable and adequate” in order to finally approve the

10 settlement. Fed. R. Civ. P. 23(e)(2).

11 B. The Parties Agree That The Court Should Certify This Case As A Class Action Pursuant To Fed. R. Civ. Pro 23(a) & 23(b)(2).
12 Since the Court has not yet certified the plaintiff class, it should do so as
13 part of the preliminary settlement approval process. Staton v. Boeing Co., 327
14 F.3d 938, 952 (9th Cir. 2003) (“[I]n the context of a case in which the parties
15 reach a settlement agreement prior to class certification, courts must peruse the
16 proposed compromise to ratify both the propriety of the certification and the
17

18 exclusion to individual class members who had an earlier opportunity to request

19

exclusion but did not do so. (5) Any class member may object to the proposal if it requires court

20

approval under this subdivision (e); the objection may be withdrawn only with the court's approval.

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1 fairness of the settlement.”) The Plaintiffs bear the burden of proving to the Court

2 that the certification requirements of Fed. R. Civ. P. 23 have been met “so that

3 absent members can fairly be bound by decisions of class representatives.”

4 Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 619-622 (1997).

5

Certification requires that the proposed class satisfy the numerosity,

6 commonality, typicality, and adequacy of representation requirements of Federal

7 Rule of Civil Procedure 23(a) and one of the three subsections under Rule 23(b).

8 Amchem Prods., Inc., 521 U.S. at. 614. The parties agree that this case meets these

9 criteria and that the Court should certify a class of all people who will be held in

10 the Jail during the term of the Settlement Agreement, pursuant to Fed. R. Civ. P.

11 23(b)(2). See S.A. at 5, ¶ (A)(7).

12

(1) The Class is large enough to support class certification.

13

Rule 23(a)(1) requires a class to be “so numerous that joinder of all

14 members is impracticable.” Roughly 190 men and women are detained at the

15 Franklin County Jail every night. See Straley Decl. at 2, ¶ 3. Men and women

16 enter and leave the Jail regularly. Id. at 3, ¶ 9. The proposed class also includes an

17 unknown but large number of people who will be incarcerated at the Jail in the

18 future.

19

Joinder is impracticable due to the large and unascertainable number of

20 class members. Cf. Jordan v. Los Angeles County, 660 F.2d 1311, 1319 (9th Cir.

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 12

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1 1982) (proposed class of at least 40 members presumptively satisfies the

2 numerosity requirement); also, Sueoka v. United States, 101 F. App'x 649, 653

3 (9th Cir. 2004) (“[b]ecause plaintiffs seek injunctive and declaratory relief, the

4 numerosity requirement is relaxed and plaintiffs may rely on the reasonable

5 inference arising from plaintiffs' other evidence that the number of unknown and

6 future members … is sufficient to make joinder impracticable.”).

7

(2) The Class shares many common questions of fact and law.

8

A class must share at least one common question of law or fact to support

9 class certification under Fed. R. Civ. Pro 23(a)(2). Blackie v. Barrack, 524 F.2d

10 891, 904 (9th Cir. 1975). In civil rights actions, “commonality is satisfied where

11 the lawsuit challenges a system-wide practice or policy that affects all of the

12 putative class members.” Hernandez v. County of Monterey, 305 F.R.D. 132, 153

13 (N.D. Cal. 2015).

14

The Plaintiffs raised a number of claims regarding the conditions at the Jail;

15 conditions under which all people detained there were held. See Dkt. #66-2

16 (Second Amended Complaint). The parties have agreed to resolve these claims

17 through this settlement. All people who are currently held at the Jail and all people

18 who will be held there in the future will benefit from the changes the Defendants

19 have committed to make. Commonality of law and fact is present.

20

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1

(3) The Representative Plaintiffs have claims that are typical of the

Class as a whole.

2

Under Fed. R. Civ. P. 23(a)(3) typicality is satisfied when claims of the

3

named plaintiffs are “typical of the claims or defenses of the class.” Fed. R. Civ.

4

P. 23(a)(3). The named plaintiffs were all incarcerated at the Jail when this case

5

was originally filed. See Dkt. #1 (Plaintiff’s Complaint). The Plaintiff’s Complaint

6

alleges that the named Plaintiffs suffered substantially similar conditions to those

7

all others at the Jail endured. See Dkt. #66-2. Though they are not currently

8

housed at the Jail, the eight named Plaintiffs have standing to represent the

9

proposed class and have claims typical of the class as a whole. See Gerstein v.

10

Pugh, 420 U.S. 103, 111 n. 11 (1975) (conviction does not moot claims of pre-

11

trial detainees who are class representatives when challenged actions are “capable

12

of repetition, yet evading review”); also, Wade v. Kirkland, 118 F.3d 667, 670

13

(9th Cir. 1997) (pretrial detainee has standing to assert class claims even after

14

release from jail because jail conditions claims are “inherently transitory”).

15

(4) The Representative Plaintiffs will fairly and adequately protect the

16

interests of the Class.

17

Representative plaintiffs satisfy the adequacy requirement if: “the named

18 plaintiffs and their counsel have [no] conflicts of interest with other class

19 members,” and if “the named plaintiffs and their counsel [will] prosecute the

20 action vigorously on behalf of the class.” Hanlon v. Chrysler Corp., 150 F.3d

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1 1011, 1020 (9th Cir. 1998).

2

The Representative Plaintiffs do not have any conflicts with the proposed

3 Class. They share the same claims derived from common questions of fact and

4 law. The named Plaintiffs and Class counsel have vigorously prosecuted this

5 action and as a result, the parties have reached a fair and adequate settlement. The

6 class representatives and class counsel have fairly and adequately represented the

7 interests of the class. The proposed Class satisfies the requirements of Fed. R.

8 Civ. P. 23(a).

9

(5) The Court should certify this case pursuant to Fed. R. Civ. P.

23(b)(2) and designate Columbia Legal Services as class counsel.

10 Certification is appropriate under Fed. R. Civ. P. 23(b)(2) when “the party

11 opposing the class has acted or refused to act on grounds that apply generally to

12 the class, so that final injunctive relief or corresponding declaratory relief is

13 appropriate respecting the class as a whole.” Fed. R. Civ. P. 23(b)(2). The

14 Plaintiffs sought only injunctive and declaratory relief in this action. The

15 Settlement Agreement commits the Defendants to making many changes to the

16 Jail’s operations, staffing and physical plant. See S.A. at 6-10, ¶¶ (A)(10) –

17 (A)(17). The relief the Plaintiffs’ sought and achieved justifies certification

18 pursuant to Fed. R. Civ. P. 23(b)(2).

19 This Court should also appoint Columbia Legal Services as Class counsel

20 pursuant to Federal Rule of Civil Procedure 23(g). Counsel at Columbia Legal

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1 Services have worked diligently and spent nearly two years investigating and

2 litigating this action to a successful conclusion. See Straley Decl. at 4-8, ¶¶ 18-39.

3 Plaintiffs’ counsel have significant legal experience in class action cases and are

4 knowledgeable about the applicable law. Id. at 2, ¶¶ 3-6; also, Declaration of

5 Rhona Taylor; Declaration of Melissa Lee. Columbia Legal Services has

6 dedicated extensive resources to this matter to date and is committed to doing so

7 during the monitoring period as well. See Straley Decl. at 2, ¶¶ 6 & 7-8, ¶38.

8 Proposed class counsel meets the requirements of Fed. R. Civ. P. 23(g). The Court

9 should grant class certification pursuant to Fed. R. Civ. P. 23(b)(2).

10 C. The Court Should Also Grant Preliminary Approval To The Parties’

Settlement.

11

Preliminary approval is appropriate if the settlement “(1) appears to be the

12

product of serious, informed, non-collusive negotiations; (2) has no obvious

13

deficiencies; (3) does not improperly grant preferential treatment to class

14

representatives or segments of the class; and (4) falls within the range of possible

15

approval.” Nen Thio v. Genji, LLC, 14 F. Supp. 3d 1324, 1333 (N.D. Cal. 2014).

16

A settlement reached after thorough discovery and following an arm’s length

17

negotiation between experienced counsel is entitled to a presumption of fairness.

18

Nat’l Rural Telecomm. Coop. v. DIRECTV, Inc., 221 F.R.D. 523, 528 (C.D. Cal.

19

2004); In re Orthopedic Bone Screw Prods. Liab. Litig., 176 F.R.D. 158, 184

20

(E.D. Pa. 1997) (“[s]ignificant weight should be attributed to the belief of

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1 experienced counsel that settlement is in the best interest of the class”) (internal

2 quotation marks and citation omitted). This settlement should be presumed to be

3 fair and the Court should grant preliminary approval.

4

(1) The settlement is the result of protracted, arm’s length, informed

negotiations.

5

The parties spent four days mediating this dispute over the course of six

6

months. Straley Decl. at 7, ¶¶ 33-36 & 5-6, ¶¶ 27-28. The Plaintiffs engaged in

7

significant discovery, including relevant depositions, and the retention of

8

corrections’ experts. Id. at 4-5, ¶21 & 6, ¶¶ 29-31. The experts’ opinions and the

9

facts developed through discovery provided the basis for the settlement. Id. at 7, ¶

10

32. The settlement provides for on-going monitoring by an independent third party

11

and for on-going engagement by Class counsel over the next three years. See S.A.

12

at 10-14, ¶¶ (H)(1) – (13). Class counsel is confident that the settlement is in the

13

best interests of the proposed Class and significantly remedies the many

14

deficiencies about which the Plaintiffs complained. Straley Decl. at 8-10, ¶¶ 40-

15

50. There was no collusion between the parties in reaching this agreement. The

16

settlement is the result of a thorough, well conducted investigation and a long,

17

detailed mediation process.

18

(2) The settlement is well “within the range of possible approval.”

19

In determining whether the proposed settlement is “within the range of

20

possible approval,” the Court should compare what the Plaintiffs could reasonably

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1 expect to achieve at trial with what they received through settlement. Vasquez v.

2 Coast Valley Roofing, Inc., 670 F. Supp. 2d 1114, 1125 (E.D. Cal. 2009) (“courts

3 primarily consider plaintiffs' expected recovery balanced against the value of the

4 settlement offer”).

5

The Plaintiffs have only sought injunctive and declaratory relief. The

6 Settlement Agreement ensures that the Jail will remedy the deficiencies that

7 prompted the Plaintiffs to bring this action. Compare S.A. with Dkt #66-2. The

8 settlement also provides for on-going monitoring, ensuing the Defendants’ on-

9 going compliance with the agreement’s terms. S.A. at 10-13, ¶¶ (H)(1) – (13). The

10 settlement achieves the outcome the Plaintiffs sought when they filed this action.

11

(3) The settlement has no obvious deficiencies.

12

At the preliminary approval stage, “the court is only concerned with

13 whether the proposed settlement discloses grounds to doubt its fairness or other

14 obvious deficiencies such as unduly preferential treatment of class representatives

15 or segments of the class, or excessive compensation of attorneys.” Alberto v.

16 GMRI, Inc., 252 F.R.D. 652, 666 (E.D. Cal. 2008). No such defects are present

17 here. The named plaintiffs will receive no monetary compensation from the

18 settlement. Any award of the Plaintiffs’ attorneys’ fees and costs will be

19 reasonable.

20

In a class action, a court must independently determine whether the

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1 attorneys’ fees and costs provision of a settlement, like the settlement itself, is

2 reasonable. In re Bluetooth Headset Products Liab. Litig., 654 F.3d 935, 941 (9th

3 Cir. 2011). Here the parties have agreed to allow the Court to determine the

4 amount of attorneys’ fees and costs to be awarded to the Plaintiffs. S.A. at 18-19,

5 ¶¶ (K)(1) – (2). Given that this case does not involve a monetary award to the

6 Plaintiff class from which Plaintiffs’ counsel will seek their fees and costs,

7 Plaintiffs’ counsel have no financial interest that may conflict with the interests of

8 the Plaintiff Class. Nonetheless, the Court will evaluate Plaintiffs’ motion for

9 attorneys’ fees and costs after notice is given to Class members and they have had

10 an opportunity to object to the settlement. The settlement contains no obvious

11 defects.

12 (4) The approval of the settlement by Franklin County officials weighs

13

heavily in favor of its reasonableness.

14

The presence of a governmental entity is an important consideration when

15 analyzing whether a settlement is fair, adequate and reasonable. Churchill Village

16 v. Gen. Elec., 361 F.3d 566, 575 (9th Cir.2004). Sheriff Raymond, an elected

17 Franklin County official, and the Franklin County Board of Commissioners have

18 all approved the settlement reached here. Straley Decl. at 7, ¶ 37. Their agreement

19 is an important factor demonstrating its reasonableness.

20

The settlement reached here does not involve collusion, involves no undue

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1 benefits to Plaintiffs’ counsel and most importantly significantly benefits all

2 members of the Plaintiff class. The Court should grant preliminary approval of the

3 settlement.

4 D.
5

The Court Should Direct The Defendants To Provide Notice To The Class As Requested By The Plaintiffs.

If the Court preliminarily approves the settlement, Fed. R. Civ. P. 23(e)(1) 6

requires it to “direct notice in a reasonable manner to all class members who 7

would be bound by the proposal” and give any class member the opportunity to 8

object to the settlement before final approval. Fed. R. Civ. P. 23(e)(1) & (e)(5). 9

“Notice is satisfactory if it generally describes the terms of the settlement in 10

sufficient detail to alert those with adverse viewpoints to investigate and to come 11

forward and be heard.” Churchill Village, 361 F.3d at 575. It should “fairly 12

apprise the prospective members of the class of the terms of the proposed 13

settlement and of the options that are open to them in connection with the 14

proceedings.” Spann v. J.C. Penney Corp., __ F.R.D. __, 2016 WL 297399, at *15 15

(C.D. Cal. Jan. 25, 2016) (citing Weinberger v. Kendrick, 698 F.2d 61, 70 (2d Cir. 16

1982)). This information should be conveyed “neutrally, simply, and 17

understandably.” Rodriguez v. W. Publ'g Corp., 563 F.3d 948, 962 (9th Cir. 18

2009). 19

In addition to being readable and informative, notice must also be delivered 20

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1 in a way that is reasonably calculated to reach all class members. The notice

2 process may “not systematically leave any group without notice.” Officers for

3 Justice v. Civil Serv. Comm'n of City & Cnty. of S.F., 688 F.2d 615, 624 (9th Cir.

4 1982) (citation omitted); see also, Dyer v. Wells Fargo Bank, N.A., 303 F.R.D.

5 326, 330 (N.D. Cal. 2014).

6

The Plaintiffs have attached a copy of the two notices that they ask the

7 Court to order served upon all Class members. See Exhibit 2 (Plaintiffs’ Proposed

8 Class Action Notice Of Settlement To All Individuals Held At The Franklin

9 County Corrections Center) (“Class Notice”) and Exhibit 3 (Plaintiffs’ Proposed

10 One Page Notice of Settlement) (“One Page Notice”).

11

The One Page Notice provides basic information about the settlement and

12 refers the reader to the longer, more detailed Class Notice that will be posted in

13 various conspicuous places throughout the Jail and on-line. The longer Class

14 Notice contains basic information about the case, about the settlement terms,

15 explains how class members can find out more about the case and the steps they

16 should take to object to the settlement. Id. The Defendants

17

Because of the large number of people housed at the Jail who speak Spanish

18 as their first language, both notices should be translated into Spanish and widely

19 available to any person who may require a Spanish version. The One Page Notice

20 will have an English version on one side of the page and a Spanish version on the

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1 other.

2

The Court should require the Defendants to hand deliver a copy of the One

3 Page Notice to each person housed in the Jail on a date certain following

4 preliminary approval and thereafter to every person admitted into the Jail and

5 provide a copy to any person who requests one. Plaintiffs ask the Court to require

6 the Defendants to post the English and Spanish versions of the Class Notice in a 7 conspicuous place in all of the Jail’s housing units, in the Jail’s booking area, 8 infirmary, public visiting area, and in the public area of the Jail’s administrative

9 offices and post a link to the notice and to the parties’ Settlement Agreement on

10 their website.

11

The Jail must also ensure that any person held in isolation is provided the

12 One Page Notice and is given access to the longer Class Notice. Finally, the Class

13 Notice should be published in the local newspaper, the Tri-City Herald, for a

14 reasonable period of time. The Jail must also provide all inmates with reasonable 15 access to the entire settlement agreement so that they can read it, if they wish.

16

The Plaintiffs’ proposed methods of providing notice are nearly identical to

17 those which courts have approved in similar circumstances. See e.g. Jones v.

18 Gusman, 296 F.R.D. 416, 467 (E.D. La. 2013) (notice of settlement of jail class 19 action provided to all inmates located in jail on specific day and posted in many

20 places throughout the Jail); Gaddis v. Campbell, 301 F. Supp. 2d 1310, 1314

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1 (M.D. Ala. 2004) (“notice was conspicuously posted on community bulletin

2 boards in every dormitory in every Corrections Department prison, as well as in

3 the law libraries and dining areas of each facility. The notice was also served

4 individually on each inmate in segregation”); Cody v. Hillard, 88 F. Supp. 2d

5 1049 (D.S.D. 2000) (notices were posted in each prison living area and were hand

6 delivered to segregated prisoners, notice was read to illiterate prisoners and

7 translated for those who did not speak English, copies of settlement agreement

8 were available in prison libraries and upon request); Austin v. Hopper, 15 F. Supp.

9 2d 1210, 1219 (M.D. Ala. 1998) (settlement notice posted on bulletin boards in all

10 prison dormitories, dining halls and law library and provided to individual inmates

11 who not likely to receive it in this manner); also, Simpao v. Gov't of Guam, 369 F.

12 App'x 837, 838 (9th Cir. 2010) (notice of class action settlement that included

13 publishing twice weekly for four weeks in two local newspapers of ”significant

14 general circulation” is appropriate); Mendoza v. Tucson Sch. Dist. No. 1, 623 F.2d

15 1338, 1351 (9th Cir. 1980) (notice of settlement published in English and Spanish

16 13 times in one week in two major local newspapers); Frlekin v. Apple Inc., 309

17 F.R.D. 518, 527 (N.D. Cal. 2015) (“[i]ndividual [class] notice [of settlement] by

18 regular mail plus newspaper notice is preferred by the Court”). The Court should

19 approve the notices in the form proposed by the Plaintiffs and order notice

20 provided as they request.

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1 E. The Fairness Hearing, Deadlines, Procedures and Briefing Schedule

2

The Parties also respectfully ask that the Court schedule a Final Approval

3 Hearing, and they propose the following sequence of events, deadlines, and

4 briefing schedule:

5

Event

Timing or Deadline

6 1. Deadline for posting Notice of

Not later than thirty (30) days

Proposed Class Action Settlement after Court’s preliminary

7

throughout the Jail and hand

approval of settlement.

delivery of notice to all current

8

inmates.

2. Deadline for Defendants and

Not later than thirty (30) days

9

Plaintiffs’ counsel to post a copy after Court’s preliminary

of the Notice of Proposed Class approval of settlement.

10

Action Settlement and a copy of

the parties’ Settlement Agreement

11

on their respective websites.

3. Deadline for publication of Notice Wednesday, June 1, 2016

12

of Proposed Class Action

Settlement in English and Spanish

13

on three separate dates in the Tri-

Cities Herald.

14 4. Deadline for filing objections

Monday, June 20, 2016.

15 5. Deadline for attorneys representing Monday, June 20, 2016.

objectors to serve and file notices

16

of appearance.

6. Deadline for objectors or their

Monday, June 20, 2016.

17

attorneys to serve and file notice of

intent to appear and speak at Final

18

Approval Hearing.

7. Deadline for Class Counsel to file Wednesday, July 13, 2016

19

Plaintiffs’ motion for final

approval and response to any

20

objections or opposition

memorandum filed by any

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1

Event

Timing or Deadline

2

objector.

3

8. Final Approval Hearing in United 1:30 p.m., July 20, 2016.

4

States Courthouse in Richland,

Washington.

5 9. Deadline for Class Counsel to file Not later than thirty days after

motion for award of attorneys’ fees the Court’s final approval of the

6

and costs.

settlement.

10. Deadline for Appointment of

Not later than thirty days after

7

Monitor.

the Court’s final approval of the

settlement.

8

9

V. CONCLUSION

10

For the foregoing reasons, Plaintiffs respectfully request that the Court enter

11 the proposed Preliminary Approval Order agreed to by the parties as Exhibit 1 to

12 the Settlement Agreement.

13

Respectfully submitted this 28th day of March, 2016.

ATTORNEYS FOR PLAINTIFFS 14

COLUMBIA LEGAL SERVICES 15

/s/ NICHOLAS B. STRALEY

16

Nicholas B. Straley, WSBA #25963

Melissa R. Lee, WSBA #38808

17

Rhona Taylor, WSBA #48408

Nick.Straley@Columbialegal.org

18

Columbia Legal Services

101 Yesler Way, Suite 300

19

Seattle, WA 98104

(206) 464-0838 – phone

20

(206) 382-3386 – fax

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1

CERTIFICATE OF SERVICE

2

I hereby certify that on March 28, 2016, I electronically filed the foregoing

3 with the Clerk of the Court using the CM/ECF system, which will send notification

4 of such filing to the following:

5 Law, Lyman, Daniel, Kamerrer & Bogdovanich, P.S. P.O. Box 11880
6 Olympia, WA 98508-1880 (360) 754-3480
7 (360 357-3511 fax Attorneys for Defendants
8 W. Dale Kamerrer
9 dkamerrer@lldkb.com

10 John E. Justice jjustice@lldkb.com
11 Disability Rights Washington
12 315 Fifth Avenue South, Suite 850 Seattle, WA 98104
13 (206) 324-1521 – phone (206) 957-0729 – fax
14 Attorneys for Plaintiffs

15 David R. Carlson davidc@dr-wa.org

16 Anna C. Guy
17 annag@dr-wa.org

18

DATED this 28th day of March, 2016.

19

/s/ NICHOLAS B. STRALEY

NICHOLAS B. STRALEY, WSBA #25963

20

Of Attorneys for Plaintiffs

PLTS.’ MOT. FOR CLASS CERT. AND PRELIM. APPROVAL – Page 26

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 Case 4:14-cv-05083-SAB ECF No. 176 filed 12/13/19 PageID.1611 Page 1 of 2

1

FILED IN THE

2

U.S. DISTRICT COURT EASTERN DISTRICT OF WASHINGTON

3

Dec 13, 2019

4

SEAN F. MCAVOY, CLERK

5

6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8

9 TERESA FARRIS, et al.,

No. 4:14-cv-05083-SAB

10

Plaintiffs,

11

v.

ORDER CLOSING CASE

12 FRANKLIN COUNTY, et al.,

13

Defendants.

14

15

16 On July 21, 2016, the Court granted the parties’ Motion for Final Approval
17 of Class Action Settlement, ECF No. 99, and approved the Class Action Settlement
18 Agreement, ECF No. 106. The Court retained continuing and exclusive jurisdiction
19 over the parties and their counsel in this matter in order to monitor implementation
20 of the Settlement Agreement. ECF No. 106. On July 31, 2019, a Status Report was
21 filed in this matter. ECF No. 172. The Status Report informed the Court that the
22 Settlement Agreement has been fulfilled and completed. Id. On November 22,
23 2019, this Court issued an Order to show cause, directing the Parties to address
24 whether the Court should enter an order of closure in this case. ECF No. 173.
25 Plaintiffs and Defendants both responded requesting the Court to enter an Order of
26 Closure, agreeing that the terms of the Settlement Agreement have been fulfilled
27 and completed. ECF Nos. 174, 175.
28

ORDER CLOSING CASE Ԅ 1

Case 4:14-cv-05083-SAB ECF No. 176 filed 12/13/19 PageID.1612 Page 2 of 2

1

Accordingly, IT IS HEREBY ORDERED:

2

1. The case is closed and DISMISSED with prejudice.

3

IT IS SO ORDERED. The District Court Executive is hereby directed to

4 file this Order, provide copies to counsel, and close the case file.

5

DATED this 13th day of December 2019.

6

7

8

9

10

11

Stanley A. Bastian

12

United States District Judge

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

ORDER CLOSING CASE Ԅ 2

 
 Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 1 of 19
STAYED,CLOSED,JURY,LC02,PROTO
Eastern District of Washington U.S. District Court (Richland) CIVIL DOCKET FOR CASE #: 4:14−cv−05083−SAB

Farris et al v. Franklin County et al Assigned to: Judge Stanley A Bastian Demand: $0 Cause: 42:1983 Prisoner Civil Rights
Plaintiff Teresa Farris

Date Filed: 08/02/2014 Date Terminated: 12/13/2019 Jury Demand: Defendant Nature of Suit: 555 Prisoner Petitions (Prison Condition) Jurisdiction: Federal Question
represented by Nicholas B Straley Columbia Legal Services − SEA 101 Yesler Way Suite 300−301 & 600 Seattle, WA 98104 206−464−0838 Fax: 206−382−3386 Email: nick.straley@columbialegal.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andra Kranzler Sheridan Law Firm 705 2nd Ave Suite 1200 Seattle, WA 98104 206−381−5949 Email: andra@sheridanlawfirm.com TERMINATED: 10/08/2014 ATTORNEY TO BE NOTICED
Madeline N Neighly The Council of State Governments Justice Center 22 Cortlandt St Floor 22 New York, NY 10007−3146 646−356−0054 TERMINATED: 11/02/2015 ATTORNEY TO BE NOTICED
Maria Diana Garcia Columbia Legal Services 418−F North Kellogg Kennewick, WA 99336 509−374−9855 Fax: 509−374−1366 Email: diana.garcia@columbialegal.org ATTORNEY TO BE NOTICED
Melissa R Lee Columbia Legal Services 101 Yesler Way Suite 300 Seattle, WA 98104 206−387−8612 Fax: 206−382−3386 Email: melissa.lee@columbialegal.org TERMINATED: 10/05/2016

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 2 of 19

Rhona Taylor Columbia Legal Services − SEA 101 Yesler Way Suite 300−301 & 600 Seattle, WA 98104 206−287−8613 TERMINATED: 08/11/2017 ATTORNEY TO BE NOTICED

Plaintiff Wardell Braxton

represented by Nicholas B Straley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andra Kranzler (See above for address) TERMINATED: 10/08/2014 ATTORNEY TO BE NOTICED

Madeline N Neighly (See above for address) TERMINATED: 11/02/2015 ATTORNEY TO BE NOTICED

Maria Diana Garcia (See above for address) ATTORNEY TO BE NOTICED

Melissa R Lee (See above for address) TERMINATED: 10/05/2016

Rhona Taylor (See above for address) TERMINATED: 08/11/2017 ATTORNEY TO BE NOTICED

Plaintiff Giovanni Kinsey

represented by Nicholas B Straley (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andra Kranzler (See above for address) TERMINATED: 10/08/2014 ATTORNEY TO BE NOTICED

Madeline N Neighly (See above for address) TERMINATED: 11/02/2015 ATTORNEY TO BE NOTICED

Maria Diana Garcia (See above for address) ATTORNEY TO BE NOTICED

Melissa R Lee (See above for address) TERMINATED: 10/05/2016

Rhona Taylor (See above for address)

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 3 of 19

TERMINATED: 08/11/2017 ATTORNEY TO BE NOTICED

Plaintiff Guadelupe Montejano

represented by Andra Kranzler (See above for address) TERMINATED: 10/08/2014 ATTORNEY TO BE NOTICED

Madeline N Neighly (See above for address) TERMINATED: 11/02/2015 ATTORNEY TO BE NOTICED

Maria Diana Garcia (See above for address) ATTORNEY TO BE NOTICED

Melissa R Lee (See above for address) TERMINATED: 10/05/2016

Rhona Taylor (See above for address) TERMINATED: 08/11/2017 ATTORNEY TO BE NOTICED

Nicholas B Straley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Thomas Eddington

represented by Andra Kranzler (See above for address) TERMINATED: 10/08/2014 ATTORNEY TO BE NOTICED

Madeline N Neighly (See above for address) TERMINATED: 11/02/2015 ATTORNEY TO BE NOTICED

Maria Diana Garcia (See above for address) ATTORNEY TO BE NOTICED

Melissa R Lee (See above for address) TERMINATED: 10/05/2016

Rhona Taylor (See above for address) TERMINATED: 08/11/2017 ATTORNEY TO BE NOTICED

Nicholas B Straley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Paul McVay

represented by Andra Kranzler (See above for address) TERMINATED: 10/08/2014

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 4 of 19

ATTORNEY TO BE NOTICED

Madeline N Neighly (See above for address) TERMINATED: 11/02/2015 ATTORNEY TO BE NOTICED

Maria Diana Garcia (See above for address) ATTORNEY TO BE NOTICED

Melissa R Lee (See above for address) TERMINATED: 10/05/2016

Rhona Taylor (See above for address) TERMINATED: 08/11/2017 ATTORNEY TO BE NOTICED

Nicholas B Straley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Frank Murillo

represented by Andra Kranzler (See above for address) TERMINATED: 10/08/2014 ATTORNEY TO BE NOTICED

Madeline N Neighly (See above for address) TERMINATED: 11/02/2015 ATTORNEY TO BE NOTICED

Maria Diana Garcia (See above for address) ATTORNEY TO BE NOTICED

Melissa R Lee (See above for address) TERMINATED: 10/05/2016

Rhona Taylor (See above for address) TERMINATED: 08/11/2017 ATTORNEY TO BE NOTICED

Nicholas B Straley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Richard Vinson

represented by Andra Kranzler (See above for address) TERMINATED: 10/08/2014 ATTORNEY TO BE NOTICED

Madeline N Neighly (See above for address) TERMINATED: 11/02/2015 ATTORNEY TO BE NOTICED

Maria Diana Garcia

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 5 of 19

(See above for address) ATTORNEY TO BE NOTICED

Melissa R Lee (See above for address) TERMINATED: 10/05/2016

Rhona Taylor (See above for address) TERMINATED: 08/11/2017 ATTORNEY TO BE NOTICED

Nicholas B Straley (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Disability Rights Washington

represented by Disability Rights Washington PRO SE

William Dale Kamerrer Law Lyman Daniel Kamerrer & Bogdanovich PS 2674 RW Johnson Blvd SW Tumwater, WA 98512 360−754−3480 Fax: 360−357−3511 Email: dkamerrer@lldkb.com TERMINATED: 04/05/2017 ATTORNEY TO BE NOTICED

V. Defendant Franklin County

represented by Jennifer Lynn Johnson Franklin County Prosecutor's Office 1016 N Fourth Avenue Pasco, WA 99301 509−545−3543 Fax: 509−545−2135 Email: JJohnson@co.franklin.wa.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Timothy E Dickerson Franklin County Prosecutor's Office 1016 N 4th Pasco, WA 99301 509−545−3543 Fax: 509−545−2135 Email: tdickerson@co.franklin.wa.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Edward Justice Law Lyman Daniel Kamerrer & Bogdanovich PS − Tumwater 2674 RW Johnson Blvd SW Tumwater, WA 98512 360−754−3480 Fax: 360−357−3511 Email: jjustice@lldkb.com TERMINATED: 10/19/2016

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 6 of 19

Defendant Richard Lathim TERMINATED: 08/17/2015
Defendant Captain Rick Long TERMINATED: 08/17/2015
Defendant Jim Raymond Franklin County Sheriff
Defendant Stephen Sultemeier Commander
Interested Party Phillip Stanley

William Dale Kamerrer (See above for address) TERMINATED: 04/05/2017 ATTORNEY TO BE NOTICED
represented by William Dale Kamerrer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Edward Justice (See above for address) TERMINATED: 10/19/2016
represented by William Dale Kamerrer (See above for address) TERMINATED: 04/05/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Edward Justice (See above for address) TERMINATED: 10/19/2016
represented by Jennifer Lynn Johnson (See above for address) ATTORNEY TO BE NOTICED
Timothy E Dickerson (See above for address) ATTORNEY TO BE NOTICED
William Dale Kamerrer (See above for address) TERMINATED: 04/05/2017 ATTORNEY TO BE NOTICED
represented by Jennifer Lynn Johnson (See above for address) ATTORNEY TO BE NOTICED
Timothy E Dickerson (See above for address) ATTORNEY TO BE NOTICED
William Dale Kamerrer (See above for address) TERMINATED: 04/05/2017 ATTORNEY TO BE NOTICED
represented by Phillip Stanley 5440 46th Avenue SW Seattle, WA 98136 206−726−6016 Email: ps2x@centurylink.net PRO SE

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 7 of 19

Interested Party Bob G Rupert also known as Robert Rupert
Interested Party Joseph McCabe
Interested Party Jeffrey M Owen

represented by Bob G Rupert 34355 MDOC−South Mississippi Correctional Institution PO BOX 1419 LEAKESVILLE, MS 39451 PRO SE
represented by Joseph McCabe FRANKLIN COUNTY CORRECTIONS 1016 N 4TH AVE PASCO, WA 99301 PRO SE
represented by Jeffrey M Owen FRANKLIN COUNTY CORRECTIONS B−22 1016 N 4TH AVE PASCO, WA 99301 PRO SE

Date Filed 08/02/2014
08/04/2014 08/04/2014 08/04/2014 08/04/2014
08/04/2014

# Docket Text
1 COMPLAINT for Injunctive and Declaratory Relief Against All Defendants against All Plaintiffs ( Filing fee $ 400; Receipt # 0980−1877712) Filed by Teresa Farris. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Franklin County, # 3 Summons Sheriff Richard Lathim, # 4 Summons Captain Rick Long, # 5 Plaintiffs' Motion for a Temporary Restraining Order Re: Restraints, # 6 Exhibit TRO Exhibit 1, # 7 Exhibit TRO Exhibit 1, Attachment A, # 8 Exhibit TRO Exhibit 1, Attachment B, # 9 Exhibit TRO Exhibit 1, Attachment C, # 10 Exhibit TRO Exhibit 1, Attachment D, # 11 Exhibit TRO Exhibit 2, # 12 Exhibit TRO Exhibit 3, # 13 Exhibit TRO Exhibit 4, # 14 Exhibit TRO Exhibit 5, # 15 Exhibit TRO Exhibit 5, Attachment A, # 16 Exhibit TRO Exhibit 5, Attachment B, # 17 Exhibit TRO Exhibit 5, Attachment C, # 18 Text of Proposed Order TRO Proposed Order)(Straley, Nicholas) (Entered: 08/02/2014)
Notice of Judge Assignment. Judge Stanley A Bastian assigned to case. (VR, Courtroom Deputy) (Entered: 08/04/2014)
2 Summons Issued as to Captain Rick Long, Franklin County, Richard Lathim. (Attachments: # 1 Lathim Summons, # 2 Long Summons)(VR, Courtroom Deputy) (Entered: 08/04/2014)
3 Praecipe filed by All Plaintiffs : Re 1 Complaint,,,. Description: Signed signature page added to the complaint.. (Attachments: # 1 Errata Corrected Class Action Complaint for Injunctive and Declaratory Relief)(Lee, Melissa) (Entered: 08/04/2014)
4 MOTION for Temporary Restraining Order re: Restraints by All Plaintiffs. Motion Hearing set for 9/3/2014 at 06:30 PM in Telephonic Argument before Judge Stanley A Bastian. (Attachments: # 1 Exhibit, # 2 Exhibit Ex. 1, Attachment A, # 3 Exhibit Ex. 1, Attachment B, # 4 Exhibit Ex. 1, Attachment C, # 5 Exhibit Ex. 1, Attachment D, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit Ex. 5, Attachment A, # 11 Exhibit Ex. 5, Attachment B, # 12 Exhibit Ex. 5, Attachment C, # 13 Text of Proposed Order)(Lee, Melissa) (Entered: 08/04/2014)
5 MOTION to Expedite HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER RE: RESTRAINTS by All Plaintiffs. Motion Hearing set for 8/11/2014 at 06:30 PM in Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Lee, Melissa) (Entered: 08/04/2014)

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 8 of 19

08/05/2014 08/06/2014 08/07/2014 08/08/2014
08/11/2014
08/11/2014 08/14/2014
08/18/2014 08/18/2014 08/18/2014 08/18/2014 08/25/2014 08/25/2014
08/29/2014
08/29/2014

6 ORDER DENYING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER − denying 4 Motion for TRO; and granting 5 Motion to Expedite. Signed by Judge Stanley A Bastian. (CC, Case Administrator) (Entered: 08/05/2014)
8 Summons Issued as to Franklin County Auditor, Matt Beaton. (CC, Case Administrator) (Entered: 08/06/2014)
9 Errata filed by All Plaintiffs : Re 4 MOTION for Temporary Restraining Order re: Restraints Corrected p. 2 to the Decl. of Nicholas B. Straley. (Straley, Nicholas) (Entered: 08/07/2014)
10 MOTION for Reconsideration of the Court's Order Denying Plaintiffs' Motion for a Temporary Restraining Order by All Plaintiffs. Motion Hearing set for 9/8/2014 at 06:30 PM in Yakima before Judge Stanley A Bastian. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 1, Attachment 1, # 3 Exhibit Ex. 1, Attachment 2, # 4 Exhibit Ex. 1, Attachment 3, # 5 Exhibit Ex. 1, Attachment 4, # 6 Text of Proposed Order)(Straley, Nicholas) (Entered: 08/08/2014)
11 NOTICE of Appearance by William Dale Kamerrer on behalf of Captain Rick Long, Franklin County, Richard Lathim (Attorney William Dale Kamerrer added to party Captain Rick Long(pty:dft), Attorney William Dale Kamerrer added to party Franklin County(pty:dft), Attorney William Dale Kamerrer added to party Richard Lathim(pty:dft))(Kamerrer, William) (Entered: 08/11/2014)
12 Errata filed by All Plaintiffs : Corrected Certificate of Service, p. 9 to Plaintiffs' Motion for Reconsideration. (Straley, Nicholas) (Entered: 08/11/2014)
13 NOTICE of Association of Counsel by John Edward Justice on behalf of Captain Rick Long, Franklin County, Richard Lathim (Attorney John Edward Justice added to party Captain Rick Long(pty:dft), Attorney John Edward Justice added to party Franklin County(pty:dft), Attorney John Edward Justice added to party Richard Lathim(pty:dft))(Justice, John) (Entered: 08/14/2014)
14 SUMMONS Returned Executed by All Plaintiffs re Franklin County. (Straley, Nicholas) (Entered: 08/18/2014)
15 SUMMONS Returned Executed by All Plaintiffs re Franklin County. (Straley, Nicholas) (Entered: 08/18/2014)
16 SUMMONS Returned Executed by All Plaintiffs re Richard Lathim. (Straley, Nicholas) (Entered: 08/18/2014)
17 SUMMONS Returned Executed by All Plaintiffs re Captain Rick Long. (Straley, Nicholas) (Entered: 08/18/2014)
18 RESPONSE to Motion re 10 MOTION for Reconsideration of the Court's Order Denying Plaintiffs' Motion for a Temporary Restraining Order filed by Captain Rick Long, Franklin County, Richard Lathim. (Kamerrer, William) (Entered: 08/25/2014)
19 SEALED DOCUMENT filed by Captain Rick Long, Franklin County, Richard Lathim. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Kamerrer, William) Modified on 1/12/2015 to seal document pursuant to Court's Order, ECF No. 42 (CV, Case Administrator). (Entered: 08/25/2014)
20 NOTICE of Appearance by Andra Kranzler on behalf of All Plaintiffs (Attorney Andra Kranzler added to party Wardell Braxton(pty:pla), Attorney Andra Kranzler added to party Thomas Eddington(pty:pla), Attorney Andra Kranzler added to party Teresa Farris(pty:pla), Attorney Andra Kranzler added to party Giovanni Kinsey(pty:pla), Attorney Andra Kranzler added to party Paul McVay(pty:pla), Attorney Andra Kranzler added to party Guadelupe Montejano(pty:pla), Attorney Andra Kranzler added to party Frank Murillo(pty:pla), Attorney Andra Kranzler added to party Richard Vinson(pty:pla))(Kranzler, Andra) (Entered: 08/29/2014)
21 First AMENDED COMPLAINT for Injunctive and Declaratory Relief against All Defendants. Filed by Giovanni Kinsey, Richard Vinson, Guadelupe Montejano, Paul McVay, Thomas Eddington, Teresa Farris, Frank Murillo, Wardell Braxton.(Straley, Nicholas) (Entered: 08/29/2014)

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 9 of 19

09/02/2014 09/08/2014 09/11/2014
09/11/2014 09/25/2014 09/29/2014 09/29/2014 10/08/2014 10/13/2014 10/20/2014 10/20/2014 10/21/2014 10/21/2014 11/05/2014 11/18/2014
11/24/2014

22 REPLY MEMORANDUM re 10 MOTION for Reconsideration of the Court's Order Denying Plaintiffs' Motion for a Temporary Restraining Order filed by All Plaintiffs. (Lee, Melissa) (Entered: 09/02/2014)
23 ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION RE: TRO − denying 10 Motion for Reconsideration. Signed by Judge Stanley A. Bastian. (CC, Case Administrator) (Entered: 09/08/2014)
24 MOTION Require Plaintiffs to Amend the First Amended Complaint to Comply with FRCP 8(a)(1) by Captain Rick Long, Franklin County, Richard Lathim. Motion Hearing set for 10/6/2014 at 06:30 PM in Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Kamerrer, William) (Entered: 09/11/2014)
25 DECLARATION by W. Dale Kamerrer in Support re 24 MOTION Require Plaintiffs to Amend the First Amended Complaint to Comply with FRCP 8(a)(1) filed by All Defendants. (Kamerrer, William) (Entered: 09/11/2014)
26 RESPONSE to Motion re 24 MOTION Require Plaintiffs to Amend the First Amended Complaint to Comply with FRCP 8(a)(1) filed by All Plaintiffs. (Straley, Nicholas) (Entered: 09/25/2014)
27 ORDER Denying 24 Defendants' Motion to Require Plaintiffs to Amend the First Amended Complaint. Defendants have 14 days to submit their Answer to the First Amended Complaint. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 09/29/2014)
28 REPLY MEMORANDUM re 24 MOTION Require Plaintiffs to Amend the First Amended Complaint to Comply with FRCP 8(a)(1) filed by All Defendants. (Kamerrer, William) (Entered: 09/29/2014)
29 NOTICE OF WITHDRAWAL OF COUNSEL by Andra Kranzler on behalf of Plaintiffs Wardell Braxton, Thomas Eddington, Teresa Farris, Giovanni Kinsey, Paul McVay, Guadelupe Montejano, Frank Murillo, Richard Vinson (Kranzler, Andra) (Entered: 10/08/2014)
30 ANSWER to Complaint with jury demand. by Captain Rick Long, Franklin County, Richard Lathim.(Kamerrer, William) (Entered: 10/13/2014)
31 NOTICE Clarifying Hearing time − By Court: The 10/22/14 telephonic Preliminary Injunction Hearing originally scheduled for 10:30 am is reset to 11:30 am − Text entry;no PDF document. (LMM, Courtroom Deputy) (Entered: 10/20/2014)
32 Docket Annotation − Re Filing Error: 31 NOTICE Clarifying Hearing time inadvertently filed in wrong case. No hearings currently scheduled in this case− By Court (LMM, Courtroom Deputy) (Entered: 10/20/2014)
33 SCHEDULING CONFERENCE NOTICE: Telephonic Scheduling Conference set for 11/19/2014 at 11:30 AM before Judge Stanley A Bastian. (Attachments: # 1 Consent to Magistrate)(LMM, Courtroom Deputy) (Entered: 10/21/2014)
34 Docketed in Wrong Case Letter from Paul McVay to Court Clerk dated 10/18/14 (SMP, Case Administrator) Modified on 10/22/2014 (SMP, Case Administrator). (Entered: 10/22/2014)
35 Joint Certificate Pursuant to LR 26.1 / LR 16.1 Filed by All Defendants and by All Plaintiffs. (Straley, Nicholas) (Entered: 11/05/2014)
36 NOTICE RESETTING TELEPHONIC SCHEDULING CONFERENCE − Text entry;no PDF document: The telephonic Scheduling Conference currently set for 11/19/14 is reset for 11/24/2014 at 1:30 PM before Judge Stanley A Bastian. Counsel shall call the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code 5083. (LMM, Courtroom Deputy) (Entered: 11/18/2014)
37 ORDER CONTINUING TELEPHONIC SCHEDULING CONFERENCE − Telephonic Scheduling Conference set for 5/6/2015 at 11:30 AM via Telephonic Argument before Judge Stanley A. Bastian. Signed by Judge Stanley A. Bastian. (CC, Case Administrator) (Entered: 11/24/2014)

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 10 of 19

11/24/2014 11/24/2014
12/23/2014
12/30/2014 01/12/2015 01/12/2015 01/21/2015 02/28/2015 03/02/2015 03/09/2015 03/10/2015
03/18/2015 04/02/2015
04/07/2015
04/09/2015

38 Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Scheduling Conference held on 11/24/2014. (Reported/Recorded by: Not Reported) (LMM, Courtroom Deputy) (Entered: 11/24/2014)
39 NOTICE of Hearing − Text entry;no PDF document. − By Court: Telephonic Scheduling Conference set for 5/6/2015 at 11:30 AM before Judge Stanley A Bastian. Counsel shall call the Court Conference Line: 1−888−636−3807;Access Code: 8839796; Security Code: 5083. (LMM, Courtroom Deputy) (Entered: 11/24/2014)
40 Joint MOTION for Protective Order Filed by All Defendants and by All Plaintiffs. Motion Hearing set for 1/23/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order)(Straley, Nicholas) (Entered: 12/23/2014)
41 STATUS REPORT by All Defendants. (Attachments: # 1 Text of Proposed Order)(Kamerrer, William) (Entered: 12/30/2014)
42 PROTECTIVE ORDER; granting 40 Joint MOTION for Protective Order. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 01/12/2015)
43 ORDER REFERRING CASE to Magistrate Judge James P. Hutton for Settlement Conference. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 01/12/2015)
44 ORDER Setting Settlement Conference: Settlement Conference set for 4/28/2015 and 4/30/2015 at 09:00 AM in Yakima before Magistrate Judge James P. Hutton. Signed by Magistrate Judge James P. Hutton. (CV, Case Administrator) (Entered: 01/21/2015)
45 Joint MOTION to Continue to File Joint Status Report by All Plaintiffs. Motion Hearing set for 3/30/2015 Without Oral Argument before Judge Stanley A Bastian. (Isley, Lori) (Entered: 02/28/2015)
46 ORDER Continuing Joint Status Report Deadline; granting 45 Motion to Continue Deadline. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 03/02/2015)
47 STATUS REPORT Filed by All Defendants and by All Plaintiffs. (Attachments: # 1 Supplement)(Lee, Melissa) (Entered: 03/09/2015)
48 NOTICE of Hearing − Text entry;no PDF document. − By Court: Discovery Hearing set for 3/18/2015 at 1:30 PM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code: 5083.(LMM, Courtroom Deputy) (Entered: 03/10/2015)
49 Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Discovery Hearing held on 3/18/2015. (Reported/Recorded by: Ronelle F. Corbey) (LMM, Courtroom Deputy) (Entered: 03/19/2015)
50 SUPPLEMENTAL COMPLAINT submitted by Allah and others not parties in this action (Attachments: # 1 Transmittal Envelope)(CV, Case Administrator) Modified on 4/9/2015 DOCUMENT STRICKEN PER ORDER, ECF NO. 52 (CV, Case Administrator). (Entered: 04/07/2015)
51 MOTION for Release from False Imprisonment and Slavery filed by Allah (not a party in this action). Motion Hearing set for 5/7/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Transmittal Envelope)(CV, Case Administrator) Modified on 4/9/2015 DOCUMENT STRICKEN PER ORDER, ECF NO. 52 (CV, Case Administrator). (Entered: 04/07/2015)
52 STANDING ORDER ON NON−PARTY FILINGS; striking 50 Supplemental Complaint and 51 MOTION for Release from False Imprisonment and Slavery. The District Court Clerk shall reject future filings in the above−captioned matter from any non−parties except motions to intervene in accordance with Fed. R. Civ. P. 24(c) or other filings explicitly allowed by court rules. The Clerk shall provide a copy of this order to any person whose filing is rejected. Signed by Judge Stanley A Bastian. (cc: non−party Allah 5% N.O.I w/ECF Nos. 50 and 51)(CV, Case Administrator) (Entered: 04/09/2015)

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 11 of 19

04/15/2015 04/20/2015 04/21/2015 05/01/2015
05/20/2015 05/20/2015
05/29/2015 06/01/2015 06/02/2015 06/03/2015 06/04/2015 06/15/2015 06/16/2015 07/10/2015
07/17/2015

53 Construed MOTION for Joinder of Parties filed by non−party Allah 5% N.O.I. Motion Hearing set for 5/15/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Transmittal Envelope)(CV, Case Administrator) (Entered: 04/20/2015)
54 Second CONSTRUED MOTION for Joinder of Parties filed by non−party Allah 5% N.O.I. Motion Hearing set for 5/20/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Transmittal Envelope)(CV, Case Administrator) (Entered: 04/20/2015)
55 ORDER Denying Allah, 5% N.O.I.'s Motion for Joinder 53 and 54 . District Court Clerk shall reject any additional filings from Allah, 5% N.O.I. in this case unless explicitly authorized by Federal or Local Rules, or an order from this Court. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 04/21/2015)
56 NOTICE RESETTING Hearing − Text entry;no PDF document. − By Court: Telephonic Scheduling Conference currently set for 5/6/15 is reset for 5/20/2015 at 11:30 AM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807;Access Code: 8839796; Security Code: 5083. (LMM, Courtroom Deputy) (Entered: 05/01/2015)
57 Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Status Conference held on 5/20/2015. (Reported/Recorded by: Not Reported) (LMM, Courtroom Deputy) (Entered: 05/20/2015)
58 SCHEDULING CONFERENCE NOTICE − Text entry;no PDF document: Telephonic Scheduling Conference set for 6/3/2015 at 1:30 PM in Spokane Courtroom 755, Teleconference before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code: 5083.(LMM, Courtroom Deputy) (Entered: 05/20/2015)
59 STATUS REPORT Filed by All Defendants and by All Plaintiffs. (Lee, Melissa) (Entered: 05/29/2015)
60 NOTICE by All Defendants of Defense Counsels' Conflict Schedule (Justice, John) (Entered: 06/01/2015)
61 NOTICE by All Defendants Defense Counsels' Amended Conflict Schedule (Justice, John) (Entered: 06/02/2015)
62 Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Scheduling Conference held on 6/3/2015. (Reported/Recorded by: Not Reported) (LMM, Courtroom Deputy) (Entered: 06/03/2015)
63 PUTATIVE CLASS ACTION SCHEDULING ORDER. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 06/04/2015)
64 Joint MOTION to Amend/Correct Putative Class Action Scheduling Order by all Defendants and by All Plaintiffs. Motion Hearing set for 7/17/2015 at 06:30 PM Chambers before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Lee, Melissa) (Entered: 06/15/2015)
65 AMENDED PUTATIVE CLASS ACTION SCHEDULING ORDER; granting 64 Motion to Amend Scheduling Order. All other dates set forth in the Scheduling Order 63 remain as set. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 06/16/2015)
66 MOTION to Amend/Correct First Amended Complaint by All Plaintiffs. Motion Hearing set for 8/10/2015 at 06:30 PM Chambers before Judge Stanley A Bastian. (Attachments: # 1 Affidavit Declaration of Counsel in Support, # 2 Exhibit Second Amended Complaint, # 3 Text of Proposed Order)(Lee, Melissa) (Entered: 07/10/2015)
67 NOTICE of Appearance by Rhona Taylor on behalf of All Plaintiffs (Attorney Rhona Taylor added to party Wardell Braxton(pty:pla), Attorney Rhona Taylor added to party Thomas Eddington(pty:pla), Attorney Rhona Taylor added to party Teresa Farris(pty:pla), Attorney Rhona Taylor added to party Giovanni Kinsey(pty:pla), Attorney Rhona Taylor added to party Paul McVay(pty:pla), Attorney Rhona Taylor added to party Guadelupe Montejano(pty:pla), Attorney Rhona Taylor added to party

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 12 of 19

07/17/2015
08/05/2015 08/17/2015 08/17/2015 11/02/2015 12/08/2015 12/11/2015 12/15/2015
12/15/2015 12/16/2015 12/16/2015 12/17/2015

Frank Murillo(pty:pla), Attorney Rhona Taylor added to party Richard Vinson(pty:pla))(Taylor, Rhona) (Entered: 07/17/2015)
68 NOTICE of Appearance by Madeline N Neighly on behalf of All Plaintiffs (Attorney Madeline N Neighly added to party Wardell Braxton(pty:pla), Attorney Madeline N Neighly added to party Thomas Eddington(pty:pla), Attorney Madeline N Neighly added to party Teresa Farris(pty:pla), Attorney Madeline N Neighly added to party Giovanni Kinsey(pty:pla), Attorney Madeline N Neighly added to party Paul McVay(pty:pla), Attorney Madeline N Neighly added to party Guadelupe Montejano(pty:pla), Attorney Madeline N Neighly added to party Frank Murillo(pty:pla), Attorney Madeline N Neighly added to party Richard Vinson(pty:pla))(Neighly, Madeline) (Entered: 07/17/2015)
69 Joint MOTION to Amend/Correct 65 Order on Motion to Amend/Correct by All Plaintiffs. Motion Hearing set for 8/12/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order proposed order granting joint motion to amend scheduling order, # 2 Affidavit declaration of counsel in support of joint motion to amend scheduling order)(Lee, Melissa) (Entered: 08/05/2015)
70 ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT AND TO AMEND PARTIES; Disability Rights Washington, Jim Raymond and Stephen Sultemeier added. Captain Rick Long and Richard Lathim terminated; granting 66 MOTION to Amend First Amended Complaint. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 08/17/2015)
71 SECOND AMENDED PUTATIVE CLASS ACTION SCHEDULING ORDER; granting 69 Motion to Amend Scheduling Order. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 08/17/2015)
72 NOTICE OF WITHDRAWAL OF COUNSEL by Madeline N Neighly on behalf of Plaintiffs Wardell Braxton, Thomas Eddington, Teresa Farris, Giovanni Kinsey, Paul McVay, Guadelupe Montejano, Frank Murillo, Richard Vinson (Neighly, Madeline) (Entered: 11/02/2015)
73 Joint MOTION Refer Case to Magistrate Judge for Settlement Conference by all Defendants and by All Plaintiffs. Motion Hearing set for 1/8/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Lee, Melissa) (Entered: 12/08/2015)
74 NOTICE of Hearing − Text entry;no PDF document. − By Court: Telephonic Status Conference set for 12/15/2015 at 3:30 PM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code: 5083.(LMM, Courtroom Deputy) (Entered: 12/11/2015)
75 Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Motion Hearing held on 12/15/2015 re 73 Joint MOTION Refer Case to Magistrate Judge for Settlement Conference by all Defendants and filed by Teresa Farris, Frank Murillo, Richard Vinson, Wardell Braxton, Thomas Eddington, Guadelupe Montejano, Paul McVay, Giovanni Kinsey. (Reported/Recorded by: Not Reported) (LMM, Courtroom Deputy) (Entered: 12/15/2015)
76 MOTION for Extension of Time to Complete Discovery by All Defendants. Motion Hearing set for 12/15/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Kamerrer, William) (Entered: 12/15/2015)
77 ORDER REFERRING CASE to Magistrate Judge John T. Rodgers for Settlement Conference; granting 73 Joint Motion for Referral to Magistrate Judge for Settlement Conference. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 12/16/2015)
78 ORDER Granting 76 Agreed Motion to Extend Time for Defense Experts' Reports. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 12/16/2015)
79 SCHEDULING CONFERENCE NOTICE − Text entry; no PDF document: Telephonic Scheduling Conference set for 12/18/2015 at 10:00 AM before Magistrate Judge John T. Rodgers. Counsel shall be prepared to discuss possible dates for a settlement conference. Counsel are directed to initiate the call to Magistrate

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 13 of 19

12/18/2015 12/18/2015
12/28/2015 01/12/2016 01/14/2016
01/15/2016 01/15/2016 01/25/2016 02/04/2016 02/05/2016 02/12/2016 03/16/2016 03/28/2016
04/20/2016

Judge Rodgers at (888) 363−4749 Access Code: 6822266.(MO, Courtroom Deputy) (Entered: 12/17/2015)
80 Minute Entry for TELEPHONIC proceedings held before Magistrate Judge John T. Rodgers: Scheduling Conference held on 12/18/2015. (Reported/Recorded by: Not Reported) (MO, Courtroom Deputy) (Entered: 12/18/2015)
81 ORDER Setting Settlement Conference: Confidential written offer of settlement ddl 1/11/16. Confidential In camera submission ddl 1/21/16. SEE attached PDF of Order. Settlement Conference set for 2/4/2016 09:00 AM in Richland before Judge Stanley A Bastian. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 12/18/2015)
Set/Reset Deadlines/Hearings: Pursuant to ECF No. 81, Settlement Conference reset for 2/4/2016 at 9:00 AM in Richland Courtroom 189 before Magistrate Judge John T. Rodgers. (LMM, Courtroom Deputy) (Entered: 12/28/2015)
82 NOTICE: Pursuant to ECF No. 81, the Settlement Conference set for 2/4/2016 at 9:00 AM, shall take place in Room G55, U.S. Courthouse and Federal Building, 825 Jadwin Avenue, Richland, Washington, before Magistrate Judge John T. Rodgers. (KR, Judicial Assistant) (Entered: 01/12/2016)
83 Joint MOTION for Leave to File Excess Pages by all Defendants and by Wardell Braxton, Thomas Eddington, Teresa Farris, Giovanni Kinsey, Paul McVay, Guadelupe Montejano, Frank Murillo, Richard Vinson. Motion Hearing set for 2/16/2016 Without Oral Argument before Magistrate Judge John T. Rodgers. (Attachments: # 1 Text of Proposed Order)(Lee, Melissa) (Entered: 01/14/2016)
84 ORDER Denying 83 Joint Motion for Extension of Page Limit for Mediation Letter. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 01/15/2016)
85 Joint MOTION for Extension of Time to Complete Discovery by All Defendants. Motion Hearing set for 1/15/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Kamerrer, William) (Entered: 01/15/2016)
86 ORDER Granting 85 Agreed Motion to Extend Time for Defense Experts' Reports. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 01/25/2016)
87 Minute Entry for proceedings held before Magistrate Judge John T. Rodgers: Settlement Conference held on 2/4/2016. (Reported/Recorded by: Not Reported) (CV, Case Administrator) (Entered: 02/08/2016)
88 Minute Entry for proceedings held before Magistrate Judge John T. Rodgers: Settlement Conference − Day 2 held on 2/5/2016. (Reported/Recorded by: Kimberly Allen) (CV, Case Administrator) (Entered: 02/08/2016)
89 Joint MOTION to Stay and Joint Status Report by all Defendants and by All Plaintiffs. Motion Hearing set for 3/14/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Lee, Melissa) (Entered: 02/12/2016)
90 ORDER Granting 89 Motion for Stay of Proceedings. The parties shall file a motion for class certification, a motion for approval of a settlement agreement, or a joint status report within sixty days. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 03/16/2016)
91 MOTION to Certify Class , for Preliminary Approval of Proposed Class Action Settlement, and Approval of Notice to Class by All Plaintiffs. Motion Hearing set for 4/29/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Affidavit of Counsel Straley, # 5 Affidavit of Counsel Lee, # 6 Affidavit of Counsel Taylor, # 7 Text of Proposed Order)(Lee, Melissa) (Entered: 03/28/2016)
92 RESPONSE to Motion re 91 MOTION to Certify Class , for Preliminary Approval of Proposed Class Action Settlement, and Approval of Notice to Class filed by Disability Rights Washington, Franklin County, Jim Raymond, Stephen Sultemeier. (Kamerrer,

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04/27/2016 04/28/2016
06/15/2016 06/20/2016 06/21/2016 06/22/2016 07/08/2016 07/15/2016 07/15/2016 07/15/2016 07/18/2016 07/19/2016 07/20/2016

William) (Entered: 04/20/2016)
93 REPLY MEMORANDUM re 91 MOTION to Certify Class , for Preliminary Approval of Proposed Class Action Settlement, and Approval of Notice to Class filed by All Plaintiffs. (Lee, Melissa) (Entered: 04/27/2016)
94 ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF CLASS SETTLEMENT; granting 91 MOTION to Certify Class and for Preliminary Approval of Proposed Class Action Settlement, and Approval of Notice to Class. Final Approval Hearing set for 7/20/2016 at 12:45 PM in Richland Courtroom 189 before Judge Stanley A Bastian. Signed by Judge Stanley A Bastian. (CV, Case Administrator). This Order was AMENDED. See ECF No. 98 . Modified on 6/22/2016 (PL, Case Administrator). (Entered: 04/28/2016)
95 NOTICE of Hearing − Text entry;no PDF document. − By Court: Telephonic Status Conference set for 6/21/2016 at 3:15 PM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code: 5083.(LMM, Courtroom Deputy) (Entered: 06/15/2016)
96 STATUS REPORT filed jointly by all Defendants and by All Plaintiffs. (Lee, Melissa) (Entered: 06/20/2016)
97 Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Status Conference held on 6/21/2016. (Reported/Recorded by: Dorene Boyle) (LMM, Courtroom Deputy) (Entered: 06/21/2016)
98 ORDER AMENDING 94 Order Granting Class Certification and Preliminary Approval of Class Settlement. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 06/22/2016)
99 MOTION for Settlement Requesting Final Approval of Class Action Settlement by All Plaintiffs. Motion Hearing set for 8/8/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Approval of Class Action Settlement)(Lee, Melissa) (Entered: 07/08/2016)
100 RESPONSE to Motion re 99 MOTION for Settlement Requesting Final Approval of Class Action Settlement filed by Franklin County, Jim Raymond, Stephen Sultemeier. Motion Hearing set for 7/20/2016 at 12:45 PM Richland Courtroom 189 before Judge Stanley A Bastian. (Attachments: # 1 Certificate of Service)(Kamerrer, William) (Entered: 07/15/2016)
101 DECLARATION by Sheriff Jim Raymond in Support re 99 MOTION for Settlement Requesting Final Approval of Class Action Settlement in Support of Defendants' Response to Motion for Final Approval of Settlement filed by Franklin County, Jim Raymond, Stephen Sultemeier. (Kamerrer, William) (Entered: 07/15/2016)
102 DECLARATION by Commander Stephen Sultemeier in Support re 99 MOTION for Settlement Requesting Final Approval of Class Action Settlement in Support of Defendants' Response to Motion for Final Approval of Settlement filed by Franklin County, Jim Raymond, Stephen Sultemeier. (Kamerrer, William) (Entered: 07/15/2016)
103 REPLY MEMORANDUM re 99 MOTION for Settlement Requesting Final Approval of Class Action Settlement filed by All Plaintiffs. (Lee, Melissa) (Entered: 07/18/2016)
104 NOTICE RESETTING Hearing on Motion − By Court − Text entry;no PDF document. Oral Argument Requested re 99 MOTION for Settlement Requesting Final Approval of Class Action Settlement : Motion Hearing reset for 7/20/2016 at 1:30 PM Yakima Courtroom 203 before Judge Stanley A Bastian. (LMM, Courtroom Deputy) (Entered: 07/19/2016)
105 Minute Entry for proceedings held before Judge Stanley A Bastian: Motion Hearing held on 7/20/2016 re 99 MOTION for Settlement Requesting Final Approval of Class Action Settlement filed by Teresa Farris, Frank Murillo, Richard Vinson, Wardell Braxton, Thomas Eddington, Guadelupe Montejano, Paul McVay, Giovanni Kinsey. (Reported/Recorded by: Lynette F. Walters) (LMM, Courtroom Deputy) (Entered:

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 15 of 19

07/21/2016 07/21/2016
08/04/2016 08/08/2016

07/20/2016)
106 ORDER Granting Approval of Class Settlement; granting 99 Motion for Final Approval of Class Action Settlement. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 07/21/2016)
107 JUDGMENT in favor of Frank Murillo, Giovanni Kinsey, Guadelupe Montejano, Paul McVay, Richard Vinson, Teresa Farris, Thomas Eddington, and Wardell Braxton; against Captain Rick Long, Disability Rights Washington, Franklin County, Jim Raymond, Richard Lathim, and Stephen Sultemeier. (CC, Case Administrator) (Entered: 07/26/2016)
108 PROPOSED BILL OF COSTS by All Plaintiffs. (Attachments: # 1 Statement of Notice)(Lee, Melissa) (Entered: 08/04/2016)
109 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing. Proceedings held on July 20, 2016, in Yakima before Judge Stanley A. Bastian. Page Numbers: 1−27

Parties have seven (7) business days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.

Information regarding the policy can be found on the court website at www.waed.uscourts.gov/sites/default/files/transcript_policy_notice_20130215.pdf.

To purchase a copy of the transcript contact Court Reporter/Transcriber Lynette Walters at 509−573−6613 or Lynette_Walters@waed.uscourts.gov

08/22/2016 08/25/2016
08/30/2016 09/06/2016
09/06/2016 09/06/2016 09/06/2016

. Redaction Request due 8/29/2016. Redacted Transcript Deadline set for 9/8/2016. Release of Transcript Restriction set for 11/7/2016. (Walters, Lynette) (Entered: 08/08/2016)
110 NOTICE by All Plaintiffs and All Defendants Regarding Plaintiffs' Attorneys' Fees and Costs (Lee, Melissa) (Entered: 08/22/2016)
111 NOTICE of Hearing − Text entry;no PDF document. − By Court: Telephonic Status Conference set for 9/8/2016 at 11:00 AM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code: 5083.(LMM, Courtroom Deputy) (Entered: 08/25/2016)
112 Costs Taxed in amount of $615.00 against Defendants (JW, Operations Clk) (Entered: 08/30/2016)
113 MOTION Appointment of Phillip Stanley as Settlement Agreement Monitor by Franklin County, Jim Raymond, Stephen Sultemeier. Motion Hearing set for 9/8/2016 Without Oral Argument before Judge Stanley A Bastian. (Kamerrer, William) (Entered: 09/06/2016)
114 DECLARATION by Phillip Stanley in Support re 113 MOTION Appointment of Phillip Stanley as Settlement Agreement Monitor filed by Franklin County, Jim Raymond, Stephen Sultemeier. (Kamerrer, William) (Entered: 09/06/2016)
115 DECLARATION by W. Dale Kamerrer in Support re 113 MOTION Appointment of Phillip Stanley as Settlement Agreement Monitor filed by Franklin County, Jim Raymond, Stephen Sultemeier. (Kamerrer, William) (Entered: 09/06/2016)
116 MOTION to Appoint Custodian for Appointment of Monitor and Memorandum in Support by All Plaintiffs. Motion Hearing set for 9/8/2016 at 11:00 AM Richland Courtroom 189 Teleconference before Judge Stanley A Bastian. (Attachments: # 1 Exhibit Attachment A − Eldon Vail CV, # 2 Exhibit Attachment B − Phil Stanley CV,

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 16 of 19

09/08/2016
09/13/2016 10/05/2016 10/05/2016 10/05/2016 10/12/2016 10/18/2016 10/19/2016 10/27/2016 11/01/2016 11/28/2016 11/30/2016
12/02/2016

# 3 Affidavit Declaration of Rhona Taylor in support)(Lee, Melissa) (Entered: 09/06/2016)
117 Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Motion Hearing held on 9/8/2016 re 113 MOTION Appointment of Phillip Stanley as Settlement Agreement Monitor filed by Jim Raymond, Franklin County, Stephen Sultemeier, 116 MOTION to Appoint Custodian for Appointment of Monitor and Memorandum in Support filed by Teresa Farris, Frank Murillo, Richard Vinson, Wardell Braxton, Thomas Eddington, Guadelupe Montejano, Paul McVay, Giovanni Kinsey. (Reported/Recorded by: Kimberly Allen) (LMM, Courtroom Deputy) (Entered: 09/09/2016)
118 ORDER APPOINTING PHILLIP STANLEY AS SETTLEMENT AGREEMENT MONITOR − granting 113 Motion ; and denying 116 Motion to Appoint Custodian. Signed by Judge Stanley A Bastian. (CC, Case Administrator) (Entered: 09/13/2016)
119 NOTICE OF WITHDRAWAL OF COUNSEL by Melissa R Lee on behalf of Plaintiffs Wardell Braxton, Thomas Eddington, Teresa Farris, Giovanni Kinsey, Paul McVay, Guadelupe Montejano, Frank Murillo, Richard Vinson, Interested Party Phillip Stanley (Lee, Melissa) (Entered: 10/05/2016)
120 Joint MOTION for Attorney Fees filed by all Defendants and by All Plaintiffs. Motion Hearing set for 11/7/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiffs' Attorneys' Fees and Costs)(Taylor, Rhona) (Entered: 10/05/2016)
121 Joint MOTION to Amend/Correct 106 Order on Motion for Settlement filed by all Defendants and by All Plaintiffs. Motion Hearing set for 11/7/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order Proposed Order Amending July 22 Order in Part)(Taylor, Rhona) (Entered: 10/05/2016)
122 ORDER Granting 121 Parties' Joint Motion to Amend Scheduling Order. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 10/12/2016)
123 NOTICE of Appearance by Timothy E Dickerson on behalf of All Defendants (Attorney Timothy E Dickerson added to party Franklin County(pty:dft), Attorney Timothy E Dickerson added to party Jim Raymond(pty:dft), Attorney Timothy E Dickerson added to party Stephen Sultemeier(pty:dft))(Dickerson, Timothy) (Entered: 10/18/2016)
124 NOTICE OF WITHDRAWAL OF COUNSEL by John Edward Justice on behalf of Defendants Disability Rights Washington, Franklin County, Jim Raymond, Stephen Sultemeier (Justice, John) (Entered: 10/19/2016)
125 MOTION approve agreement on settlement monitor's scope of work by All Plaintiffs. Motion Hearing set for 11/28/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Taylor, Rhona) (Entered: 10/27/2016)
126 ORDER RE PLAINTIFF'S ATTORNEYS' FEES AND COSTS signed by Judge Stanley A. Bastian. (CC, Case Administrator) (Entered: 11/01/2016)
127 ORDER APPROVING AGREEMENT ON SETTLEMENT MONITOR'S ROLE AND RESPONSIBILITIES − granting 125 Motion. Signed by Judge Stanley A. Bastian. (CC, Case Administrator) (Entered: 11/28/2016)
128 Stipulated MOTION to Continue for week date to file documentatoin in support of joint motion for attorneys fees and costs by All Plaintiffs. Motion Hearing set for 12/30/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order Proposed order granting motion for week extension on filing documentation in support of motion for atorneys fees and costs)(Straley, Nicholas) (Entered: 11/30/2016)
129 ORDER GRANTING STIPULATED MOTION FOR EXTENSION OF TIME Re: 128 Motion to Continue. Signed by Judge Stanley A Bastian. (AY, Case Administrator) (Entered: 12/02/2016)

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 17 of 19

12/08/2016 12/08/2016 12/08/2016 12/08/2016 12/08/2016 12/08/2016 12/13/2016 01/20/2017
01/23/2017 04/05/2017 04/10/2017
06/15/2017
06/15/2017 06/21/2017
06/22/2017

130 MEMORANDUM in Support re 120 Joint MOTION for Attorney Fees filed by all Defendants and filed by All Plaintiffs. (Straley, Nicholas) (Entered: 12/08/2016)
131 DECLARATION by Nicholas B. Straley in Support re 120 Joint MOTION for Attorney Fees filed by all Defendants and filed by All Plaintiffs. (Attachments: # 1 Exhibit Exhibit 1 to Straley Declaration, # 2 Exhibit 2 − 4 to Straley Declaration)(Straley, Nicholas) (Entered: 12/08/2016)
132 DECLARATION by David Carlson in Support re 120 Joint MOTION for Attorney Fees filed by all Defendants and filed by All Plaintiffs. (Straley, Nicholas) (Entered: 12/08/2016)
133 DECLARATION by Rhona Taylor in Support re 120 Joint MOTION for Attorney Fees filed by all Defendants and filed by All Plaintiffs. (Straley, Nicholas) (Entered: 12/08/2016)
134 DECLARATION by Melissa R. Lee in Support re 120 Joint MOTION for Attorney Fees filed by all Defendants and filed by All Plaintiffs. (Straley, Nicholas) (Entered: 12/08/2016)
135 DECLARATION by NICHOLAS B. STRALEY − EXHIBIT 5 in Support re 120 Joint MOTION for Attorney Fees filed by all Defendants and filed by All Plaintiffs. (Straley, Nicholas) (Entered: 12/08/2016)
136 ORDER GRANTING JOINT MOTION TO AWARD PLAINTIFF'S ATTORNEYS' FEES AND COSTS − granting 120 Motion for Attorney Fees. Signed by Judge Stanley A. Bastian. (CC, Case Administrator) (Entered: 12/13/2016)
137 NOTICE of Hearing − Text entry;no PDF document. − By Court: Telephonic Status Conference set for 1/23/2017 at 2:30 PM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code: 5083. (LMM, Courtroom Deputy) (Entered: 01/20/2017)
138 Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Status Conference held on 1/23/2017. (Reported/Recorded by: Lynette F. Walters) (LMM, Courtroom Deputy) (Entered: 01/23/2017)
139 NOTICE OF WITHDRAWAL OF COUNSEL by William Dale Kamerrer on behalf of Defendants Disability Rights Washington, Franklin County, Jim Raymond, Stephen Sultemeier (Kamerrer, William) (Entered: 04/05/2017)
140 NOTICE of Appearance by Jennifer Lynn Johnson on behalf of All Defendants (Attorney Jennifer Lynn Johnson added to party Franklin County(pty:dft), Attorney Jennifer Lynn Johnson added to party Jim Raymond(pty:dft), Attorney Jennifer Lynn Johnson added to party Stephen Sultemeier(pty:dft))(Johnson, Jennifer) (Entered: 04/10/2017)
141 MOTION PURSUANT TO HEALTH CARE: 8TH AMENDMENT by Bob G Rupert. Motion Hearing set for 7/17/2017 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Letters, # 2 Transmittal Envelope)(TR, Case Administrator) (Additional attachment(s) added on 6/22/2017: # 3 Signed signature page of Motion, # 4 Letter enclosing signature page, # 5 Transmittal envelope with signature page) (TR, Case Administrator). (Entered: 06/15/2017)
142 ORDER DIRECTING PLAINTIFF'S COUNSEL TO RESPOND re 141 MOTION PURSUANT TO HEALTH CARE: 8TH AMENDMENT filed by Bob G Rupert. Signed by Judge Stanley A Bastian. (TR, Case Administrator) (Entered: 06/15/2017)
143 AMENDED MOTION PURSUANT TO HEALTH CARE: 8TH AMENDMENT re ECF No. 141 MOTION PURSUANT TO HEALTH CARE: 8TH AMENDMENT by Bob G Rupert. Motion Hearing set for 7/21/2017 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Letter, # 2 Transmittal Envelope)(TR, Case Administrator) (Entered: 06/22/2017)
144 Letter from Bob G. Rupert to Court Clerk dated 6/19/2017. (Attachments: # 1 Transmittal Envelope) (TR, Case Administrator) (Entered: 06/22/2017)

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 18 of 19

06/26/2017 06/28/2017 07/05/2017 07/06/2017 07/07/2017
07/17/2017 07/18/2017
07/21/2017 08/08/2017
08/09/2017 08/11/2017
08/16/2017 09/08/2017 09/12/2017 09/19/2017 10/03/2017 10/03/2017 10/24/2017

145 Letter from Bob G. Rupert to Executive/Clerk dated June 21, 2017. (Attachments: # 1 Transmittal Envelope) (TR, Case Administrator) (Entered: 06/26/2017)
146 Letter from Bob G. Rupert to Executive Clerk dated June 22, 2017 (Attachments: # 1 Transmittal Envelope) (TR, Case Administrator) (Entered: 06/28/2017)
148 Notice Re 8th Amendment Health Care filed by Joseph McCabe. (Attachments: # 1 Letter, # 2 Transmittal Envelope) (TR, Case Administrator) (Entered: 07/07/2017)
147 Extension of Time for Medical Records Collection Process filed by Bob G. Rupert. (Attachments: # 1 Transmittal Envelope) (TR, Case Administrator) (Entered: 07/06/2017)
149 RESPONSE to Motion re 143 MOTION PURSUANT TO HEALTH CARE: 8TH AMENDMENT re 141 MOTION PURSUANT TO HEALTH CARE: 8TH AMENDMENT, 141 MOTION PURSUANT TO HEALTH CARE: 8TH AMENDMENT filed by All Plaintiffs. (Straley, Nicholas) (Entered: 07/07/2017)
150 Notice − Independent Medical Records Examiner/Physican filed by Bob G. Rupert. (Attachments: # 1 Transmittal Envelope) (TR, Case Administrator) (Entered: 07/17/2017)
151 ORDER DENYING ROBERT RUPERT'S MOTION PURSUANT TO HEALTH CARE: 8TH AMENDMENT; ECF No. 141 ; and denying ECF No. 143 Amended Motion Pursuant to Health Care: 8th Amendment filed by Bob Rupert. Signed by Judge Stanley A Bastian. (TR, Case Administrator) (Entered: 07/18/2017)
152 Letter from Robert Rupert to Judge Bastian dated 07/19/17. (Attachments: # 1 Letter to Mr. Straley, # 2 Transmittal Envelope) (PL, Case Administrator) (Entered: 07/21/2017)
154 NOTICE OF WITHDRAWAL OF COUNSEL by Anna C Guy on behalf of Plaintiffs Wardell Braxton, Disability Rights Washington, Thomas Eddington, Teresa Farris, Giovanni Kinsey, Paul McVay, Guadelupe Montejano, Frank Murillo, Richard Vinson (Guy, Anna) (Entered: 08/08/2017)
155 Letter from Robert (Bob) G Rupert to Hon Judge Bastian dated 8/6/2017 (Attachments: # 1 Transmittal Envelope) (TR, Case Administrator) (Entered: 08/09/2017)
156 NOTICE OF WITHDRAWAL OF COUNSEL by Rhona Taylor on behalf of Plaintiffs Wardell Braxton, Disability Rights Washington, Thomas Eddington, Teresa Farris, Giovanni Kinsey, Paul McVay, Interested Party Joseph McCabe (Taylor, Rhona) (Entered: 08/11/2017)
157 Notice Re 8th Amendment Health Care filed by Jeffrey M Owen. (Attachments: # 1 Letter, # 2 Transmittal Envelope) (TR, Case Administrator) (Entered: 08/16/2017)
158 NOTICE re Qualified M/H Examiner / Monitor by Bob G Rupert. (Attachments: # 1 Transmittal Envelope)(TR, Case Administrator) (Entered: 09/08/2017)
159 Letter re ECF No. 158 from Clerk of Court to Bob G Rupert dated 9/12/2017, enclosing a copy of ECF No. 151 and a Civil Rights Complaint packet. (TR, Case Administrator) (Entered: 09/12/2017)
160 Mail sent to Bob G Rupert, Franklin County Corrections M−21, 1016 N. 4th Avenue, Pasco, WA 99301, re ECF No. 159 was returned as undeliverable: Return to Sender − Not in Custody. (TR, Case Administrator) (Entered: 09/19/2017)
161 Letter from Jeffrey Owen to Judge Bastian received 10/3/2017 (Attachments: # 1 Copy of Notice, ECF No. 157 # 2 Envelope) (TR, Case Administrator) (Entered: 10/03/2017)
162 Letter re ECF Nos. 157 and 161 from Clerk of Court to Jeffrey M. Owen dated October 3, 2017, enclosing a Civil Rights Complaint packet. (TR, Case Administrator) (Entered: 10/03/2017)
163 NOTICE OF WITHDRAWAL OF COUNSEL by Jennifer Lynn Johnson on behalf of Defendant Franklin County (Johnson, Jennifer) (Entered: 10/24/2017)

Case: 4:14-cv-5083 As of: 05/26/2020 08:13 PM PDT 19 of 19

12/14/2017 03/18/2019
04/18/2019
05/02/2019
05/21/2019 05/23/2019 07/31/2019 11/22/2019 11/25/2019 11/25/2019 12/13/2019 12/23/2019

164 Letter from Bob G Rupert to Honorable Bastian dated 12/10/2017. (Attachments: # 1 Envelope) (TR, Case Administrator) (Entered: 12/14/2017)
167 NOTICE OF TELEPHONIC STATUS CONFERENCE− Text entry;no PDF document. − By Court: A Telephonic Status Conference has been set for April 25, 2019 at 11:30 a.m. via Teleconference before Judge Stanley A Bastian. Participants should call the Court Conference Line: 1−888−636−3807 / Access code: 8839796 (no security code) five minutes before the hearing begins. (EC, Courtroom Deputy) Notice sent to Mr. Stanley via USPS on 3/18/2019 (EC, Courtroom Deputy). (Entered: 03/18/2019)
168 NOTICE OF RESCHEDULED TELEPHONIC STATUS CONFERENCE − Text entry; no PDF document. − By Court: The Telephonic Status Conference set for 04/25/2019 at 11:30 a.m. has been rescheduled for 5/21/2019 at 1:30 p.m. via Teleconference before Judge Stanley A Bastian. Participants should call the Court Conference Line: 1−888−636−3807 / Access code: 8839796 (no security code) five minutes before the hearing begins. (EC, Courtroom Deputy) (EC, Courtroom Deputy) (Entered: 04/18/2019)
169 NOTICE of Appearance by Maria Diana Garcia on behalf of All Plaintiffs (Attorney Maria Diana Garcia added to party Wardell Braxton(pty:pla), Attorney Maria Diana Garcia added to party Thomas Eddington(pty:pla), Attorney Maria Diana Garcia added to party Teresa Farris(pty:pla), Attorney Maria Diana Garcia added to party Giovanni Kinsey(pty:pla), Attorney Maria Diana Garcia added to party Paul McVay(pty:pla), Attorney Maria Diana Garcia added to party Guadelupe Montejano(pty:pla), Attorney Maria Diana Garcia added to party Frank Murillo(pty:pla), Attorney Maria Diana Garcia added to party Richard Vinson(pty:pla))(Garcia, Maria) (Entered: 05/02/2019)
170 Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Status Conference held on 5/21/2019. (Reported/Recorded by: None) (ES, Courtroom Deputy) (Entered: 05/21/2019)
171 STATUS REPORT Filed by All Defendants and by All Plaintiffs. (Garcia, Maria) (Entered: 05/23/2019)
172 STATUS REPORT Jointly Filed by All Defendants and by All Plaintiffs. (Garcia, Maria) (Entered: 07/31/2019)
173 ORDER TO SHOW CAUSE − Show Cause Response due by 12/2/2019. Signed by Judge Stanley A Bastian. (TR, Case Administrator) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) (Entered: 11/22/2019)
174 First MOTION for Order to Show Cause Response by Franklin County. Motion Hearing set for 12/2/2019 Without Oral Argument before Judge Stanley A Bastian. (Johnson, Jennifer) (Entered: 11/25/2019)
175 RESPONSE TO ORDER TO SHOW CAUSE by All Plaintiffs. (Garcia, Maria) (Entered: 11/25/2019)
176 ORDER CLOSING CASE − DISMISSED WITH PREJUDICE. FILE CLOSED. Signed by Judge Stanley A Bastian. (AN, Courtroom Deputy) (Service of Notice on parties not registered as users of the Court CM/ECF system accomplished via USPS mail.) (Entered: 12/13/2019)
177 Mail sent to Joseph McCabe, Franklin County Corrections, 1016 N 4th Ave, Pasco, WA 99301 was returned as undeliverable − Return to Sender Not in Custody re ECF No. 176. (TR, Case Administrator) (Entered: 12/23/2019)