Orndorff v. Jefferson Co. JC-WA-002-001

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

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AT TACOMA

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(fv-02-5096^ 11 SHAWN ORNDORFF, on behalf of himself and all others similarly situated,

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Plaintiff, 13

COMPLAINT—CLASS ACTION

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16 JEFFERSON COUNTY, PETER PICC1NI, 17 CARLA SCHUCK, and STEVE RICHMOND,

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Defendants

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I. INTRODUCTION

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1. This is a class action brought to remedy unconstitutional and unlawful policies,

23 practices, and conditions of confinement at the Jefferson County Jail in Port Hadlock, 24 Washington 25

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C 2 05096 #00000001

COMPLAINT - 1

AMERICAN CIVIL LIBERTIES UNION
OF WASHINGTON
705 Second Avenue, Suite 300 Seattle, Washington 98104-1799
(206) 624-2184

1

II. JURISDICTION

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2 Jurisdiction This court has personal jurisdiction over defendants, who reside in

3 the Western District of Washington Federal subject matter jurisdiction is invoked under 28
4 U S C § 1331 (federal question) and § 1343 (civil rights) 5
3 Venue Venue is proper in the Western District of Washington under 28 U S C
§ 1391 (b) because all defendants reside in this district and because a substantial part of the 7
events and omissions giving rise to plaintiffs' claims occurred in this district 8
III. PARTIES

4 Plaintiff Shawn Orndorff is currently incarcerated in the Jefferson County Jail

He is serving a sentence on one charge, and is also a pretrial detainee awaiting trial on another

12 charge.

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5 Defendant Jefferson County is a governmental entity, chartered under the laws of

14 the state of Washington, which operates the Jefferson County Jail

•"••->

6. Defendant Peter G. Piccini is the Sheriff of Jefferson County and operates,

16 administers, and supervises the Jefferson County Sheriffs Department and Jefferson County Jail
17 He is sued in his official capacity
18 7 Defendant Carla Schuck is the Jefferson County Superintendent of Corrections
19 and operates, administers, and supervises the Jefferson County Jail She is sued m her official

capacity

8 Defendant Steve Richmond is the senior sergeant and highest ranking correctional

23 officer at the Jefferson County Jail He is sued in his official capacity

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9. Defendants Piccini, Schuck, and Richmond have policy-making authority

25 regarding the operations of the Jefferson County Jail.

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COMPLAINT — 2

AMERICAN CIVIL LIBERTIES UNION
OF WASHINGTON
^ 5 Second Avenue, Suite 300 Seattle, Washington 98104-1799
(206) 624-2184

1

IV. FACTUAL ALLEGATIONS

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10 Health Care Defendants'current system of providing health care to prisoners at

the Jefferson County Jail falls so far below acceptable standards as to constitute cruel and 4 unusual punishment Defendants' prisoner health care program is disorganized, lacks sufficient 5 staff, and fails to meet a community standard of care Health care staff are not available to

pnsoners when they need health care, and medical decisions are often left corrections officers 7
who lack medical training 8
11 The Jail has no salaried health care staff Sick call is held only once per week by

a nurse, regardless of the needs of the pnsoners Pnsoners who request sick call are often not

seen by the visiting nurse During the rest of the week, when the nurse is not available,

12 untrained Jail staff make medical decisions for the prisoners

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12 The Jail routinely denies needed medication, especially psychiatric medication

14 Prisoners with pre-existing prescriptions are placed on lower dosages or different drugs in the

15 discretion of untrained Jail staff The medications are not distributed according to the schedule

required by the prescription Jail staff frequently deny medication to prisoners altogether, often
17 using the withholding of medication as threats or punishment
18 13 Prisoners have suffered avoidable seizures, panic attacks, and other serious
19 medical problems as a result of the Jail's unilateral decisions to deny medication
20 14 The Jail's record-keeping regarding health care is inadequate, interfenng with
proper case management and follow-up care Medication is not carefully inventoried.

15. Pnsoners experience difficulty in obtaining visits to sick call Sick call forms are

24 available only upon request, and are sometimes denied The Jail is short-staffed, so corrections

25 officers rarely take prisoners to the hospital, even when the prisoner's condition is serious

26

COMPLAINT — 3

AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON
^ Second Avenue, Suite 300 Seattle, Washington 98104-1799
(206) 624-2184

1

16 Prisoners are denied access to prompt treatment of painful dental conditions,

2 including abscesses

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17 Access to mental health care is particularly inadequate The Jail has no mental

4 health care provider available and instead, prisoners are told they must wait for an assessment by

5 Jefferson County Mental Health before they are provided mental health care and/or psychiatric
6 medication This is the policy even if a prisoner has a pre-existing psychiatric diagnosis from
7 her or his private physician outside of the Jail The problem is exacerbated by the fact that
8 Jefferson County Mental Health has a backlog of assessments
9 18 The serious inadequacies of the health care systems at the Jail are longstanding
and are known to defendants Defendants' failure to remedy these serious inadequacies

12 constitutes deliberate indifference to the serious health care needs of the prisoners

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19 Environmental Health and Safety The physical plant, climate controls, and other

14 factors affecting the physical environment of the Jail are inadequate, unsanitary, and pose a

15 danger to the plaintiffs

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20 In many units, prisoners are forced to sleep on the floor for days due to

17 overcrowding.

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21 The plumbing capacity is insufficient to handle the number of prisoners m the

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Jail, leading to overflowing toilets and lack of access to showers During lockdowns, prisoners
20 often have no access to running water The drains in the floor of the housing areas have backed
21 up with overflowing sewage Strong sewage odors permeate areas of the Jail at times,

particularly in the summer

22 Climate control is inadequate, often leading to extreme cold conditions in the

25 winter and extreme hot conditions in the summer In some cells, prisoners can see their breath in 26 the winter The Jail does not provide adequate blankets or cold-weather clothing

COMPLAINT — 4

AMERICAN Crvit LIBERTIES UNION
OF WASHINGTON
^ 5 Second Avenue, Suite 300 Seattle, Washington 98104-1799
(206) 624-2184

1

23 Prisoners are not provided basic hygiene supplies, such as toilet paper and

2 feminine hygiene products Prisoners are forced to use makeshift replacements, such as pages

3 from telephone books, towels, or paper bags

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24. Laundry is frequently not done, forcing prisoners to wear dirty clothes, sometimes

for weeks

25 The "crisis cell" is particularly unsanitary and unsafe The crisis cell is a small 7
room into which prisoners who are deemed a threat to themselves and/or to others are placed

The prisoner in the crisis cell is supposed to be observed regularly to ensure he or she does not

become injured, but this is not done There is no toilet in the crisis cell, only a grate in the floor

1 1 The grate is flushable only from the outside, and corrections personnel often go for hours, or even days, without flushing it. The prisoner in the crisis cell cannot easily be seen by corrections
12 personnel, j eopardizmg the prisoner's safety In March 2001, a prisoner died while in the crisis
13
14 cell

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26 The senous inadequacies of the environmental health and safety systems at the

16 Jail have been longstanding and known to defendants Defendants' failure to remedy these

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x/

serious inadequacies constitutes deliberate indifference to the health and safety of the prisoners

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27 Access to Courts Defendants have an affirmative constitutional obligation to

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provide prisoners with adequate access to the courts, which they have failed to do Defendants

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do not provide access to a law library or persons trained in the law, other than providing 21
assigned counsel for indigent prisoners in criminal matters Legal mail is improperly handled

Defendants often block access even to assigned counsel by, among other things, locking down

2 A prisoners during business hours so they cannot telephone their attorneys, not permitting assigned 25 counsel to enter the Jail to meet with their clients, interfering with prisoners1 access to the county

26 law library, and failing to transport prisoners to court proceedings

COMPLAINT — 5

AMERICAN CIVIL LIBERTIES UNION
OF WASHINGTON
^ Second Avenue, Suite 300 Seattle, Washington 98104-1799
(206) 624-2184

1

28 The serious inadequacies of the prisoners' access to the courts have been

2 longstanding and known to defendants, Defendants' failure to remedy these serious inadequacies

3 constitutes deliberate indifference to the prisoners' right to access to the courts

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29 Inadequate Staffing Although the average daily population at the Jefferson

5 County Jail is in excess of 46, and often exceeds 60, there is usually only one corrections officer

6 on duty, leading to dangerous conditions. Because of inadequate supervision and heightened
7 tension due to overcrowding, fights break out among prisoners, and corrections staff do not
8 intervene or otherwise prevent fights In fact, some corrections officers have purposefully put
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prisoners with known hostilities together in the same tank, resulting in assaults 10

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30 The serious inadequacies of staffing at the Jail have been longstanding and known

12 to defendants. Defendants' failure to remedy these serious inadequacies constitutes deliberate

13 indifference to the health and safety of the pnsoners

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31 Access to Reading Materials The Jail contains no library The only reading

15 materials available to plaintiffs are a few old, outdated books of the defendants' choosing. By

16 Jail policy, plaintiffs are not permitted to receive subscriptions of newspapers or magazines, and

17 are not permitted to order books This policy is not reasonably related to any legitimate
18 penological objective, and violates plaintiffs' rights under the First and Fourteenth Amendments 19
V. PLAINTIFF'S EXPERIENCE 20
32 Plaintiff Orndorff was booked into the Jail in December 2001 He has also been 21 22 incarcerated in the Jail on earlier occasions. He has suffered from the unconstitutional policies
23 and practices of the Jail to at least the same extent as other pnsoners

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33 During these recent winter months, he has experienced extreme cold in the cells

25 where he is required to sleep The single thin blanket provided by the Jail is insufficient to

26 provide warmth, and requests for additional blankets are denied The prison jumpsuit issued to

COMPLAINT -- 6

AMERICAN CIVIL LIBERTIES UNION
OF WASHINGTON
705 Second Avenue, Suite 300 Seattle, Washington 98104-1799
(206) 624-2184

1 prisoners is thin and insufficient to ward off the cold Orndorff has been forced to create

2 makeshift hot water bottles from old shampoo containers to help keep warm at night

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34 Orndorff has been kept in a cell without running water When the cell door is

4 locked at night or during daytime lockdowns, there is no way to wash his hands after using the

5 toilet

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35 Orndorff has not received clean laundry and linens on the schedule promised in

7 the prisoner handbook
8 36 Orndorff suffers from previously diagnosed psychiatric conditions for which his
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physician has prescribed medication for depression and sleep disorders When first booked into 10

11 the Jail, Orndorff was denied these medications despite his repeated requests Sick call requests

12 have also been denied In response to Orndorff s grievances, Jail personnel told him that the Jail

13 had contacted his physician, who agreed that he should go off the medication His physician

14 denies ever being contacted by the Jail, and denies that Orndorff may safely be removed from the

15 medication

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37 After this episode of denied medication, the Jail began to issue Orndorff his

17 medication, but not on the schedule prescribed by the physician and indicated on the label of the

18 bottle from the pharmacy One medication must be taken once daily at night to deal with sleep
19 disorder, and the other must be taken once daily in the morning to avoid interference with the
20 evening medication The Jail issues both medications nightly, despite this schedule. Following
21 the instructions of the physician and pharmacist, Orndorff saved his antidepressant pill given to
22 him at night and swallowed it in the morning On February 14, 2002 Jail staff found Orndorff s
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24 single saved pill, issued him an infraction for stockpiling medication and possessing contraband,

25 and placed him in solitary confinement for ten days

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COMPLAINT -- 7

AMERICAN CIVIL LIBERTIES UNION
OF WASHINGTON
705 Second Avenue, Suite 300 Seattle, Washington 98104-1799
(206) 624-2184

38 Orndorff has been subjected to retaliation for submitting grievances and asserting
2 his rights In late January or early February, residents of two cellblocks were ordered to go into
3 the outdoor recreation area while it was snowing, while staff investigated suspicions that some
4 prisoners (other than Orndorff) had tampered with a smoke detector Many of the prisoners did
not have shoes, and none had coats. After half an hour outdoors, Orndorff pressed the call
button to ask the guards to allow them to return An officer told Orndorff that Orndorff "did not 7
run the jail," that he complained too much, and threatened that Orndorff would soon be subjected to an infraction in response to his complaints The infraction for stockpiling medication 9 followed shortly thereafter On another occasion, Defendant Richmond moved Orndorff from
the general population to an empty cellblock (a form of solitary confinement) and stated that
"this is what you get for writing to the ACLU " Richmond has frequently crumpled up
Orndorff s grievance and kite forms and returned them without response On another occasion, a
14 third guard threatened Orndorff, saying "I'll get you in the end" In January, a fourth guard
15 informed Orndorff and others in his cellblock that an unscheduled lockdown was going into
16 effect due to the inmates sending grievances and kites In order to put pressure on Orndorff to
stop filing internal grievances, the Jail's commissary privileges were revoked for a week in mid18
January, and Jail staff told other prisoners that Orndorff s alleged misbehavior (by asserting his 19
rights and writing grievances) was the cause 20
3 9 Orndorff is denied outside magazine and newspaper subscriptions or books 21
When he was placed in solitary confinement, he was not allowed to take in a Bible 40. Orndorff has been denied access to indoor and outdoor recreation time.
41 Orndorff has been denied access to the Jefferson County Law Library despite
25 requests from him and his counsel for such access
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rniMPT ATMT s CUMI'LAIN 1 -- 8

AMERICAN CIVIL LIBERTIES UNION
OF WASHINGTON
705 Second Avenue, Suite 300 ^ ^ W a s h m g t o n 98104.1799
(206) 624-2184

1

42 The Jail has no separate, unmorntored telephone line for attorney calls, so

2 Orndorff like other inmates has been forced to use telephones m public areas of the Jail for

3 attorney calls, even though those calls may be overheard by other prisoners and are subject to

4 monitoring by Jail staff His ability to use the telephone service that does exist is limited by the

Jail's lockdown schedule and solitary confinement rules

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VI. CLASS ACTION ALLEGATIONS

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43 Identification of Class Plaintiffs seek to maintain this action as a class action and

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ask the Court to certify a class of all persons who are now, or who will in the future be,

_ incarcerated at the Jefferson County Jail

44 Class-wide Relief Fed. R Civ P 22>(b)(2) Defendants have acted or refused to 12 a c t o n grounds generally applicable to the class as a whole. Class-wide declaratory and

13 injunctive relief is therefore appropriate

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45 Numerosity Fed R Civ P 23faid) The class is so numerous that joinder of all

members is impracticable The average reported daily population of the Jefferson County Jail

for 1999 was 46, but the population sometimes exceeds 60 The size of the class will necessarily
17 increase as more people are booked into the Jail Prisoners are frequently released and
18 transferred to other facilities, while new prisoners enter the Jail, making the membership of the
19 class too fluid to permit joinder of all members
20 46 Commonality Fed R Civ P 23(a)(2) There are questions of law and fact
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common to all members of the class, including the facts regarding defendants' operation of the

Jail, and whether these facts establish constitutional violations The common factual questions

24 include whether the Jail provides adequate health care to class members; whether the

25 environmental health and safety conditions of the Jail place class members at risk, whether the

26 Jail has failed to provide Plaintiffs adequate access to courts, whether the Jail is inadequately
AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON
705 Second Avenue, Suite 300

(206) 624-2184

1 staffed, whether the Jail has failed to provide Plaintiffs with access to reading matenals, and so

2 on The common legal questions include whether the conditions as proved at trial violate the

3 rights of prisoners, and what sort of declaratory and mjunctive will remedy the violation

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47 Typicality Fed R Civ P 23(a)(3) The claims of the representative plaintiff are

typical of those of the class All prisoners at the Jail are either pretnal detainees or sentenced
6 prisoners, as is plaintiff All class members are subject to unconstitutional conditions of
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confinement described in this Complaint All class members will continue to be subject to such
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conditions absent the requested relief
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48 Adequacy Fed. R. Civ P 23(aW) The class representative will adequately and
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fairly protect the interests of the class, because he is subjected to the conditions challenged by
11 12 the class as a whole He has no interests in this matter that are antagonistic to other class 13 members The class will represented by counsel from the American Civil Liberties Union of
14 Washington and the National Prison Project of the American Civil Liberties Union These
15 organizations have pursued similar litigation on behalf of prisoner classes around the nation and
16 in Washington, including suits involving the county jails of King and Pierce Counties, and
17 prisons of the Washington Department of Corrections Undersigned counsel have prior
18 experience with civil rights, class action, and prison conditions litigation 19
VII. CAUSES OF ACTION 20
49 Defendants have full knowledge of the conditions set forth in this Complaint, and
each defendant participates in maintaining those conditions The conditions described in this

23 Complaint constitute an official policy of Jefferson County The conditions set forth in this 24 Complaint are causing irreparable harm to the plaintiff class and will persist unless the Court 25 grants injunctive relief 26

COMPLAINT - 10

AMERICAN CIVIL LIBERTIES UNION
OF WASHINGTON
7 0 5 Sec01^ Avenue, Suite 300 Seattle, Washington 98104-1799
(206) 624-2184

50 First Cause of Action Health Care As a proximate result of the acts and

2 omissions of the defendants and of defendants' deliberate indifference, the named plaintiff and 3 the class he represents have been, are being, and will be in the future subjected to actual harm 4 and a pervasive risk of harm from the lack of constitutionally adequate medical, dental, and

mental health care, in violation of the Eighth and Fourteenth Amendments to the U S

Constitution

51 Second Cause of Action Environmental Health and Safety As a proximate
8 result of the acts and omissions of the defendants and of defendants' dehberate indifference, the
9
named plaintiff and the class he represents have been, are being, and will be in the future

subjected to actual harm and a pervasive risk of harm from assaults and physical injuries in

12 violation of their rights to be protected from physical violence and harm, inadequate 13 environmental health and sanitation, and other unlawful conditions, all in violation of the Eighth

14 and Fourteenth Amendments to the U S Constitution

15

52 Third Cause of Action' Access to Courts As a proximate result of the acts and

16 omissions of the defendants and of defendants' dehberate indifference, the named plaintiff and

17 the class he represents have been, are being, and will be in the future be subjected to
18 constitutionally inadequate access to the courts in violation of the First, Sixth, and Fourteenth
19 Amendments to the U S Constitution
20 53 Fourth Cause of Action First Amendment. As a proximate result of the acts and
21 omissions of the defendants and of defendants' deliberate indifference, the named plaintiff and
22 the class he represents have been, are being, and will be in the future denied access to books,

24 magazines, newspapers, and other reading materials, in violation of the First and Fourteenth 25 Amendments to the U S Constitution

26

AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON
705 Second Avenue, Suite 300 W a s h m g t o n 98104.1799
(206) 624-2184

1

VIII. REQUEST FOR RELIEF

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WHEREFORE, plaintiffs pray for the following relief.

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A Certification of this action as a class action,

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B Declaratory judgment holding that defendants' acts and omissions as alleged

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herein are unconstitutional and illegal,

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C An order permanently enjommg defendants, their employees, subordinates,
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agents, and all others acting in concert with them from subjecting plaintiffs to the conditions set
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forth m this Complaint,
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D Costs and reasonable attorney fees pursuant to 42 U S C § 1988 and other

11 applicable law, and

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E Such other and further relief as the Court deems just and proper

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DATED t h i s~"&^ . dayv of

, 2002

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AMERICAN CIVIL LIBERTIES UNION

OF WASHINGTON

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By

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Aaron H Caplan

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NATIONAL PRISON PROJECT OF THE AMERICAN CIVIL LIBERTIES UNION

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By.

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David C Fathi

(Practice Limited to tne Federal Courts)

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Attorneys for Plaintiff

COMPLAINT-12

AMERICAN CIVIL LIBERTIES UNION
OF WASHINGTON
705 Second Avenue, Suite 300 Seattle, Washington 98104-1799
(206) 624-2184

 
 .¯ * •»*

U2-CV-O5<I96-(>RD

THE IIONOTt ABLE RONALD B. LEIGHTON 2

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

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AT TACOMA

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11 SHAWN ORMDORFF, on behalf of himself and all others similarly situated.
12

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Plaintiff,

J4

15

v.

No. 02-5096 RBL
ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING LITIGATION

16 JEFFERSON COUNTY, PETER PICCINI, 17 CARLA SCHUCK, and STEVE RICHMOND,

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Defendants.

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This matter, having been considered by the Honorable Ronald D. Leightt>n, IJnited States

21 District Judge, the parties having stipulated to the entry of this Order, notice to class members

22 having been issued, and all comments from class members having been considered by the Court,

23 the Court approves and enters the following ORDER: 24

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ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING LITIGATION -– 1 Case No. 02^5096 RBL
Orndorff v. Jefferson County

A M E K J C A N C I V I L LIBERTIES Ü>7ON
OF WASHINGTON
705 Second Avenue, Su¡lc 300 Seattle, Washington 98104-1799
(206)62.4-2184

JC-WA-002-003

r

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1. This matter was filed on behalf of named plaintiff Shawn Omdoriï¯ and the

2 members of the proposed class against defendant¦ä Jeff¢rsoil County, Peter Piccinì, Carla Schuck,

3 and Sieve Richmond.

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2. The plaintiff class consists o£, "All persons who arc now, or who will in the future

5 be, incarcerated at the Jefferson County Jail.** This class was certified by United Slates District

6 Court Judge Robert J. Bryan on September 3, 2002.

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3. This Order is based upon a fair, reasonable, and adequate Settlement Agreement,

K attached to this Order as Hxhibil I and incorporated by reference herein in its entirety. This
r\
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Settlement Agreement sufficiently protects the class in accordance with Fed. R. C¡v. P. 23(e).
110V 1 1 The court finds that the relief set forth in the Settlctncnt Agreement is narrowly drawn, extends

12 no further than necessary to correct violations of federal rights, arjd is the least intrusive means

13 necessary to correct violations of federal rights. Therefore, this Court approves the Settlement

14 Agreement.

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4, In accordance with the terms and conditions of the Settlement Agr¢ement

16 attached to this Order as Exhibit 1, plaintiffs' Complaint is dismissed with prejudice.

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5. As set forth in Exhibit 1, ihc Settlement Agreement may be enforced by an

18 appropriate motion in this Court.

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6. This Stipulation and Order of Dismissal shal 1 noi b¢ construed or deemed as an

20 admission by any party, person, or entity of any liability or violations of any law by the
T 1
¿i defendants or any other person or entity, and this agreement may not be used as evidence in any 22

2.1

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ORDER APPROVlMG SETTLEMENT AGREEMENT AND DISMISSING LITIGATION - 2 r`~„« xi„ m •CIÌÛ<; D m CaSC NO. 02-5Uy& Ki¿L

AMERICAN CIVIL LIBERTIES UNION
Olf WASHr\r;TiJis

705 Second Avenue, Suite 300

,.

ñmnji m m

Scaülii, Washington 98104-1799

(206)624-2184

1

1 proceeding other than tor the sole and limited purpose of enforcing the Settlement Agreement

2 The parties enter into this Settlement Agreement for purposes of settling the disputed contentions

3 and controversies arising in this action.

4

DATED this <s??A¾ay of L l,sL4^jyi-2003.

5
r.

^ ¾ y ? > (L `L

United States District Judge `

Presented by: 8

0 AMERICAN CTVIL LIBERTIES UNION OF WASHINGTON

10 Bv

//s//

It

Aaron 11. Caplan

12 NATIONAL PRISON PROJECT OF THE

13

AMERICAN CIVIL LIBERTIES UNION David C Falhi

14

Attorney tor Plaintiffs 15

16 CARNEY BADLEY SPF.LLMAN, P.S.

Bv

f/s/¡

17 David W. Silke

18 Jon A. Payne

19 Attorneys for Defendants

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21

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23

24

25

26

ORDER APPROVING SETTLRM ËNT AGREEMENT AND DISMISSING LITIGATION -– 3
í¯`·!«e N n 09-SH0ri RT¾Ï
v<i¡»c INU. u z .5y^o IKOL·

AMERICAN Crvn. LIBERTIES UNION
OFWASUINGTON ¯705 S c C 0 I K t Avenue, SLUIU 300 Seattle, Washingloo 98104-1799
(206) 624-21?4

1

THE HONORABLE RONALD B. LEIGHTON

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3 4

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

9

AT TACOMA

10 SHAWN ORNDORFF, on behalf of himself and others similarly situated,
11 Plaintiff,
12
vs. 13
JEFFERSON COUNTY, PETER PICCINI, 14 CARLA SCHUCK, and STEVE
RICHMOND,
15 Defendants.
16

NO. 02-5096 (RJD) RDL SETTLEMENT AGREEMENT

17 Plaintiff Shawn Orndorff, on behalf of himself and the class of individuals he represents,
18
through attorneys David C. Fathi and Aaron H. Caplan, and Defendants Jefferson County, Mike 19

20

21
SETTLEMENT AGREEMENT - 1 CV02-5096

CARNEY BADLEY SPELLMAN

LAW OFFICES A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE, #5800 SEATTLE, WA 98104-5017
FAX (206)467-8215 TEL (206) 622-8020

WCR001 0033 i:R>fi44O4 9/8/03

1 Brasfield and Steve Richmond,1 through their attorneys David W. Silke and Jon A. Payne, based

2 upon consideration and the mutual promises contained herein, and as a mutual decision to

3 resolve the above-captioned matter without further litigation, hereby agree as follows:

4

1. The parties hereby agree that the attached Stipulation and Order of Dismissal

5 shall be entered, subject to the approval of the Court and notice to the class members.

6

2. The parties agree that this Settlement Agreement, together with the Stipulation

and Order of Dismissal to which it is attached, are entered to resolve and settle all claims for

declaratory relief, injunctive relief, attorneys' fees, and costs, that were set forth in the

Complaint that was filed February 25, 2002 under this cause number.

10

3. This Settlement Agreement shall not be construed as an admission by any party,

11 person, or entity regarding liability or violation of any law by defendants, or any other person or

12 entity, and this Settlement Agreement may not be used as evidence in any proceeding other than

13 for the sole and limited purpose of enforcing this Settlement Agreement. The parties enter into

14 this Settlement Agreement for purposes of settling the disputed contentions and controversies

15 arising from this action. The parties stipulate, based upon the entire record, that the relief set forth

16 in this agreement is narrowly drawn, extends no further than necessary to correct violations of

17 federal rights, and is the least intrusive means necessary to correct violations of federal rights.

18

19

20 1 Current Sheriff Mike Brasfield and Jail Superintendent Steve Richmond did not hold these positions
21 at the time of the alleged acts contained in the Complaint.

SETTLEMENT AGREEMENT - 2 CV02-5096

CARNEY
BADLEY SPELLMAN

LAW OFFICES

A raorassI0NA™¤; ™

™

SEATT™,

TEL (206) 622-R020

WCR00I ÜO33 cfU644O4 9/8/03

1

4.

Definitions:

2

a. Defendants: Defendants are defined as Jefferson County, the Jefferson

County Jail ("Jail"), Mike Brasfield, Steve Richmond, and all of their successors, assigns,

commissioners, supervisors, officers, agents, employees, and insurers.

b.

Plaintiffs: Plaintiffs are defined as Shawn Orndorff and the class of "all

persons who are now, or who will in the future be, incarcerated at the Jefferson County Jail," as

certified by United States District Court Judge Robert J. Bryan in the instant matter on

September 3, 2002.

c. Execution Date: The execution date of this Settlement Agreement, as

10 referred to below, shall be date on which the Court enters an order of final approval of the
n settlement under Ted. R. Civ. P. 23(c).

12

Agreements bv Defendants

13

5. a. Defendants agree to comply with the terms of this Settlement Agreement

14 for 36 months, beginning on the date of execution of this Settlement Agreement. At the

15 expiration of the 36-month enforcement period, this Settlement Agreement shall automatically

16 terminate, unless extended under Paragraph 7(a).

17

b.

On or before 6 months from the execution date of this Settlement

18 Agreement, Jefferson County shall have drafted, adopted and implemented the necessary policies

19 and procedures to ensure compliance with the requirements of this Settlement Agreement, as

20

21
SETTLEMENT AGREEMENT - 3
„ , , „ , rr×r\r
CV02-5096

CARNEY BADLEY
SPELLMAN

LAW OFFICES A ™OFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE. »58OO
SEATTLE, WAQSKM-SOH
FAX (206)467-8215 TEL (206) 622-8020

WCR00! 0033 cfO644O4 9/8/03

1 provided in paragraphs 6(c)-(jj) below. Copies of policies will be provided to counsel for

2 plaintiffs upon adoption.

3

c. Jefferson County agrees to seek accreditation for the Jaü`s system for

delivery of medical services to inmates from the National Commission on Correctional Health

Care ("NCCHC") or other accrediting organization upon mutual agreement with the ACLU,

within 12 months of the execution date of this agreement. The Jail will adopt and implement

health care policies and procedures that would allow accreditation to be granted.

d. Jefferson County agrees to maintain a temperature in all inmate areas of

the Jail of between 60° and 80° Fahrenheit. For 36 months following the execution date of this

10 agreement, either the Jefferson County Health Department or a mutually agreed upon 11 independent contractor paid for by Jefferson Cuuiily shall lest the temperature within all inmate 12 areas of the Jail four times per year to verify that all temperatures are within the mandated range. 13 Temperature checks will be performed in the months of February, May, August, and November 14 on dates chosen without advance notice to jail staff. Defendants shall provide the results of the 15 tests to counsel for Plaintiffs.

16

e. Defendants will ensure that a sufficient supply of toilet paper and sanitary

17 napkins are maintained at the Jail. Such hygiene supplies will be delivered to inmates when

18 needed, even if the need arises sooner than, or in addition to, the Jail's ordinary distribution

19 schedule. Toilet paper and sanitary napkins will not be withheld as discipline for inmate

20 21

SETTLEMENT AGREEMENT - 4
,~,w™ r ™ ,
CV02-5096

v,j"v.rvi-<L· * BADLEY
«/·WÍ-I*-.*
SPELLMAN

LAW OFFICES A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE, #5800
SEATTLE, WA98!O4-5on
FAX(2O6)467-g2!5 TEL (206) 622-8020

WCR001 0033 cfD644O4 9,¾/03

1 behavior. However, Defendants reserve the right to discipline inmates for stockpiling or abusing

2 toilet paper or sanitary napkins.

3

f. Inmates shall be offered a clean towel on a daily basis. Clean uniforms

will be offered twice per week. Permanently stained uniforms will be discarded.

g. Inmates in cells with exterior walls shall be entitled, upon request, to

receive up to two blankets in addition to the blankets that are issued when the inmate is booked

into the Jail.

h. Inmates may receive long underwear from outside retail vendors, provided

that the long underwear is sent directly to the inmate from the manufacturer or retailer in an

10 unopened, factory-sealed package.

11

i. The Jail will offer recreation to each inmate, other than those inmates in

12 the holding or crisis cells, for at least one hour per day, seven days per week, of which no less 13 than four days per week are outdoor recreation. The Jail reserves the right to withhold indoor or

14 outdoor recreation for safety or security purposes, documented by an incident report. "Safety or 15 security purposes" shall include, but not be limited to, withholding recreation from inmates who: 16 1) have previously committed infractions during indoor or outdoor recreation and have received, 17 after suitable procedures, a sanction of denial of recreation, which sanction may not exceed one 18 week of denial; or 2) pose an increased threat of harm to themselves, others, or property if they 19 are allowed to participate in indoor or outdoor recreation. A written record will be kept of the 20 recreation periods given in the Jail's general log book. Any instances where indoor or outdoor

21

SETTLEMENT AGREEMENT - 5 CV02-5096
i
WCROOI 0033 efO644O4 9/8/03

CARNEY
BADLEY SPELLMAN

LAW OFFICES
^*ROFESSIONALSERVICECORPORATION
™l^^ff FAX (20(5) 467-8215 TEL (206) 622-8020

1 recreation is withheld shall be logged in the Jail's log book, which shall state the reason for

2 withholding the indoor or outdoor recreation.

3

j . Toilets, hot water faucets, and showers that are not functioning will be

evaluated by a representative of Jefferson County Department of Public Works within one

business day of jail staff receiving notification of the malfunction. Business days are Monday

through Friday. During any period of time when either the toilet or the hot water in an inmate's

cell is not functioning, the Jail will take the necessary steps to ensure that the affected inmate has

access to a functioning toilet and hot water. Inmates will not be housed in cells with

malfunctioning toilets unless a cell with a functioning toilet is not available.

10

k. The Jail will adopt policies and procedures to ensure that the drainage

11 pipes in Üie Jail arc kepi moist to prevent odors in the Jail.

12

1.

An inmate who has spent at least five consecutive days assigned to a

13 portable bunk (also referred to as a "boat") will be reassigned to a regular bed, unless the inmate

14 requests continued assignment to the portable bunk.

15

m. The Jail and/or the Jefferson County Department of Public Works will

16 develop and adhere to a preventative maintenance program for maintenance of the Jail's heating,

17 ventilation and air conditioning ("HVAC") system.

18

n. The Jail will provide some form of personal property storage unit for each

19 inmate.

20

21

SETTLEMENT AGREEMENT - 6

_ ._

.

CV02-5096

\-/VT\a-<IE,l BADLEY
SPELLMAN

LAWOFFICES
A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE,#5800
SEATTLE, wA98iw-5
FAX (206) 467-8215 TEL (206) 622-8020

WCR001 OO33 ert)644O4 9/8'03

1

o. The Jail will prepare and maintain fire preparedness plans and will

2 implement and perform fire drills at least once per year.

3

p. The Jail's crisis cell will not be used as discipline for infractions or

misbehavior, unless both of the Jail's segregation cells are occupied, in which case an inmate

assigned to segregation may be assigned to the crisis cell for no more than 24 hours per 72 hour

period. The crisis cell may be used to house: 1) inmates who show evidence of being a risk of

harm to themselves, to others, or to Jail property in the form of property destruction or intentional

flooding; 2) inmates who require medical or psychiatric supervision; or 3) inmates who are

intoxicated.

10

q. The Jail will maintain a separate crisis cell log, which will document the

11 lime uf entry to and exit íïum the crisis cell fui any leas>un, and a iccoid uf a corrections officer

12 directly observing the crisis cell occupant in person and not by video monitoring at least every 15

13 minutes during crisis placement. Further, during the entire course of an inmate's stay in the crisis

14 cell, the Jail will keep with the crisis cell log a sheet indicating the reasons for placing the inmate

15 in the crisis cell. Upon the inmate's transfer from the crisis cell, the sheets will be placed in a

16 central file of crisis log materials. The Jail may also place the sheets in the inmate's general

17 and/or medical file.

18

r.

A corrections officer's decision to place an inmate in the crisis cell must

19 be reviewed by a supervising officer by the end of the supervising officer's first shift following

20 the inmate's placement in the crisis cell. If the inmate is placed in the crisis cell by the Jail

21
SETTLEMENT AGREEMENT - 7 CV02-5096

CARNL·Y BADLEY SPELLMAN

LAW OFFICES
SMHF?HAV^IUJ SEATTLE^WA 98104*5017
FAX (20M 467-8215 TEL (206) 622-8020

WCRO<)I 0033 cfT)644O4 9'8/03

1 superintendent, review will be by the undersheriff or sheriff The Jail will develop and implement

2 a policy to determine when an inmate should be released from the crisis cell. The supervisor will

3 be notified when the inmate is released from the crisis cell.

4

s. Jefferson County Mental Health will be called at the time an inmate is

5 placed in the crisis cell for mental health reasons. The Jail's health care professional will be

called at the time an inmate is placed in the crisis cell for medical reasons. Inmates will not be

placed in the crisis cell in the nude. If a determination is made that the inmate's clothing should

be removed in order to protect the inmate's safety, to prevent property destruction, or to facilitate

clothing exchange, the inmate will be provided with a suicide smock or other suitable clothing.

10

t.

Grievance forms, medical request forms, and regular request forms will

11 be made available in each cell block day room. The forms will be replenished as needed. The 12 medical request form will be amended to provide space for the inmates to describe their current

13 symptoms.

14

u.

The Jail will respond in writing to all written grievances within seven days

15 of receipt by Jail staff. Jail staff will not retaliate against or deny privileges to any inmate for 16 writing grievances, contacting counsel, or complaining to any person about Jail conditions based 17 solely on the fact that the inmate has complained about Jail conditions. However, this paragraph 18 does not limit the Jail's ability to discipline inmates for violations of the Jail's Policies and

19 Procedures. 20 21
SETTLEMENT AGREEMENT - 8 C^ ,V,„0„2-50„9ns6

CARNEY BADLEY
SPELLMAN

LAW OFFICES A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE. *S8OO
SEATTLE, wA9sio4-5
FAX (206)467-8215
TEL (206) 622-8020

WCK(>OI 0033 eli)644O4 9/8/03

v. The reasons for, and a description of, all disciplinary action will be

recorded in writing. Copies of documentation pertaining to the disciplinary action will be placed

in a central disciplinary file, in addition to any other file locations. The term "disciplinary action"

means denial of privileges, lockdown, infractions, or segregation in response to misbehavior, but

does not include verbal reprimands or instructions that are not accompanied by punishment or

loss of privileges.

7

w. The Jail will develop and implement an objective inmate classification

system.

9

x. All altercations between inmates involving the use or threat of violence of

10 which Jail staff are aware shall be documented. Inmates threatening fights with each other will be

11 separated, unless either ihe correclions officer ur the inmates themselves aie able to resolve the

12 issue between the inmates.

13

y. All use of force by Jail staff, including application of restraints, shall be

14 documented in an incident report. Copies of the incident report will be kept in a central incident

15 report file and in the individual inmate's file.

16

z. The Jail shall keep accurate records of the good time credits applied for

17 and awarded pursuant to its written Policies and Procedures, and reports of good time credits shall

18 be made available to inmates weekly upon request. No good time credits will be revoked without

19 notice to the inmate and an opportunity for a hearing.

20

21

SETTLEMENT AGREEMENT - 9

_, -

_

CV02-5096

L-AKrSL·Y BADLEY
SPELLMAN

LAW OFFICES A WOFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE. #5800
SEATTLE. wA98iM-5on
FAX (206) 467-8215 TEL (206) C22-8O2()

WCR()OI 0033 e(T)644O4 9/S/03

1

aa. The Jail will keep accurate computerized records of inmate commissary

2 accounts. Such records will be made available to the inmates weekly upon request.

3

bb. All current Jail staff will attend professionalism training from an outside

provider within one year of the execution date of this agreement. The content and provider of the

training will be of the Jail's choosing, so long as the training is offered by or approved by the

National Institute of Corrections, the American Correctional Association, the Washington

Association of Sheriffs and Police Chiefs, a similar nationally accredited corrections organization,

or as otherwise agreed between the parties to this Settlement Agreement. Thereafter, all new

hires will undergo the same training. A refresher course will be attended at least every five years

10 by staff with continuous service for five years.

11

cc. There will be a m¡riiinurn of two cunecüoiial staff budgeted by the County

12 and scheduled by the Jail for duty at all times. County employees operating the dispatch desk are

13 not considered correctional officers for purposes of this paragraph.

14

dd. The Jail's ban on outside reading material shall be rescinded as of the

15 execution date of this agreement. It its place, the Jail may implement content-based prohibitions

16 with regard to literature received by inmates, so long as those policies do not infringe upon those

17 First Amendment rights retained by the relevant party. Books may be limited to those shipped 18 directly from the publisher or retailer and received unopened at the Jail. The Jail will incur no 19 liability for failure to forward incoming mail, publications, or books to inmates who have been 20 released from the Jail.

21

SETTLEMENT AGREEMENT - 10 CV02-5096

LAK¡NL·Y B ADLEY
SPELLMAN

LAW OFFICES A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE. #5800
SEATTLE, wA98iw.5on
FAX (206)467-8215 TEL (206) 622-8020

WCR001 0033 e(`O644O4 9/S/O3

1

ee. The Jail's ban on printouts from the Internet is rescinded. The Jail may

2 impose a limit on the number of pages of internet printouts per day an inmate may receive by

mail, as long as the limit is not less than ten pages per inmate per day. Incoming Internet

materials shall be subject to review by Jail staff pursuant to the Jail's content-based restrictions,

and such documents may be withheld by the Jail on this basis, so long as those policies do not

infringe upon those First Amendment rights retained by the relevant party.

ff. Mail may not be withheld, delayed, or denied as a disciplinary device.

The Jail may withhold mail to prevent violation of a protective order, violation of a noncontact

order, or other criminal conduct. All deliverable mail shall be given to inmates within two

10 business days of receipt by the Jail.

11

gg. Upon request, inmates will be allowed to make confidential phone calls to

12 counsel on an unmonitored phone outside the hearing of Jail staff and other inmates. If requested,

13 inmates shall be afforded at least two attorney calls per day and may receive calls from their

14 attorney within two hours of requesting an opportunity to receive a call from their attorney.

15

hh. Jail staff will not read outbound or inbound legal mail. Incoming

16 envelopes marked "legal mail" may be opened by Jail staff and inspected for contraband only in

17 the presence of the recipient. Nothing contained in this paragraph, however, shall preclude the

18 Jail from taking the necessary steps to ascertain whether an item purporting to be legal mail is 19 actually legal mail. 20

21

SETTLEMENT AGREEMENT - 11 „ ,„ ,„„
CV02-5096

CARNEY BAD LEY
SPELLMAN

LAW OFFICES
A PROFESSIONAL SERVICE CORPORATION 700 FIFTH AVENUE. «8OO SEATTLE, WA9SIÜ4-5 FAX (206)467-8215 TEL (206) Ö22-8O2O

WCKOOI 0033 e(O644O4 9'8/03

1

ii. The Jail will not have scheduled daily lockdown periods during daytime

2 hours. The Jail may impose daytime lockdowns if necessary for security reasons, with any

3 security lockdowns documented in an incident report.

4

j j . Defendants will make payment to the "American Civil Liberties Union of

5 Washington Foundation" in the amount of S82,500.00 within ten days of the execution date of

this agreement. Such payment shall be in full settlement of any and all attorneys' fees and costs

incurred by plaintiff Shawn Orndorff and/or the class as of the execution date.

Settlement Agreement bv Plaintiffs

6. Plaintiffs agree that, upon this Court's approval of the Settlement Agreement,

10 plaintiffs' Complaint under the above cause number shall be dismissed with prejudice pursuant to

11 the Stipulation and Order of Dismissal.

12

Mutual Settlement Agreement bv Defendants and Plaintiffs

13

7.

a. An independent monitor or monitors, mutually agreed upon by the parties

14 and paid for by the County, will make periodic visits to the Jail and shall have full access to

15 inmates, records, and facilities. The monitor will make the first of such visits on a date

16 approximately one year after the date of execution of this Settlement Agreement. Thereafter, the 17 monitor shall visit and evaluate the Jail's compliance with this agreement two times per year until 18 36 months have elapsed from the execution date of this agreement. Counsel for Plaintiffs and

19 Defendants shall use their best good-faith efforts to agree to a monitor or monitors at reasonable

20 cost to the County. In the event the parties are .unable to agree on monitor(s), they will submit

21

S E T T L E M E N T A G R E E M E N T - 12
_ , .„„ , „ „ ,
CV02-5096

CARNEY
BADLEY
SPELLMAN

LAwomcs
A PROFESSIONAL SERVCE CORPORATION
700 FIFTH AVENUE, #5800
SEATTLE, WA9RIO4-5OI7
FAX (206)467-6215
TEL (206) 622-8020

WCR001 0033 e(D644O4 9/8/03

1 their nominations in a motion to the federal court or to a mutually agreed upon outside arbiter.

2 The approximate schedule for monitoring shall be as follows:

3

Visit/Report

Time

4

(1) 1 year after execution of the agreement;

5

(2) 1.5 years after execution of the agreement;

6

(3) 2 years after execution of the agreement;

7

(4) 2.5 years after execution of the agreement;

(5) 3 years after execution of the agreement.

The monitoring shall be broken down into two main categories, entitled "Facilities/Operations"

10 and "Medical." If the Jail is found to be in full compliance in either of these areas for two

11 üuiii>cculivc iiiuiiil<ji¡ng periods, the inuiiiluriiig fur thai category i>hall terminate. If the monitor

12 for either category does not report substantial compliance on the last monitor visit scheduled

13 above, the duration of the agreement will be extended and additional monitor visits scheduled on

14 six-month intervals, until such time as the monitor reports substantial compliance. Under no

15 circumstances will the agreement be extended more than an additional two years past the

16 originally scheduled termination date.

17

b. Plaintiffs must attempt to resolve any and all disputes concerning the

18 Defendants' continuing compliance with this Settlement Agreement through the following

19 dispute resolution process. Plaintiffs shall inform counsel for Defendants in writing of any

20 alleged substantial non-compliance. If the issues are not resolved at that stage, counsel for

21
SETTLEMENT AGREEMENT - 13
CV02-5096

CARi\EY BADLEY
SPELLMAN

LAW OFFICES
A PROFESSIONAL SERVICE CORPORATION
'‰S**
FAX(2O6)467-S2I5 TEL (206) 622-8020

WCRO0] 0033 eíT)644O4 9/8/03

Plaintiffs and counsel for Defendants shall meet and confer in good faith to try to resolve any

differences. If the issues are not resolved at that stage, the parties and their counsel must attempt

to resolve the issues at mediation using a mutually acceptable mediator. If the dispute is not

resolved at mediation, Plaintiffs' counsel may file a motion in this Court. This Settlement

Agreement does not require Plaintiffs to exhaust the Jefferson County Jail's administrative

grievance process prior to attempting to resolve any disputes through the alternative dispute

resolution process described in this Settlement Agreement.

c. The prevailing party in any motion to enforce this agreement shall be

entitled to recover attorneys' fees and costs consistent with applicable law and the Prison 10 Litigation Reform Act. Otherwise, each party shall bear its own costs and attorneys' fees

11 regarding this Settlement Agi cement. Nothing in this Settlement Agieeiiienl precludes the use of

12 any other type of alternative dispute resolution process that the parties agree to use to resolve

13 disputes. 14

d. This document is not a Consent Decree, but it is an agreement that is

15 enforceable through the remedies specified herein. None of the provisions contained in this 16 Settlement Agi¯eement should be construed as creating or extinguishing any statutory rights or 17 federal constitutional interests. In the event a federal court rules it is without jurisdiction to 18 enforce this Agreement, the parties may seek enforcement, including specific performance, in 19 Washington state courts under applicable law. 20

21
SETTLEMENT AGREEMENT - 14 CV02-5096

CARNEY BAD LEY SPELLMAN

LAW o>-i-.c-3
A PROFESSIONAL ¾RVICE ™¦£°E^«'°OO
^1^1^ FAX (206)467-8215 TEL (206) 622-8020

WCR001 0033 u·ro644O4 9/S/O3

e. Class counsel will have full access to inmates, records, and facilities upon

24 hours notice to the Jail.

f. This Settlement Agreement constitutes the final written expression of all

of the terms of settlement and is a complete and exclusive statement of those terms. No other

agreements, oral or written, bind the parties.

g. This agreement may be modified at any time by a written and signed

document executed by mutual agreement of plaintiffs' and defendants' counsel. To give the

provisions contained herein an opportunity to be implemented and evaluated, the parties agree not

to challenge this agreement for a period of three years from the execution date.

10

h. The undersigned hereby acknowledge that the terms of this Settlement

11 Agreement have been completely read, wholly understood, and voluntarily accepted for the

12 purpose of making a full, final and binding compromise, adjustment and settlement of any and all

13 claims, disputed or otherwise, that are asserted in the Complaint.

14

i.

This Settlement Agreement may be signed in counterpart originals and

15 may be delivered by facsimile with originals to follow. Defendant Jefferson County certifies that

16 Dan Titterness has authority to bind the County to the terms of this Agreement.

17

For Defendants:

18

JEFFERSON COUNTY

19

•\

By:

20

Dan Tittemess

Dated:

SETTLEMENT AGREEMENT-15

„,,.,

„„,

CV02-5096

CARNEY BADLEY
SPELLMAN

LAW OFFICES
A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE, #5800
SEATTLE, WA98IO4-MI7 FAX (206)467-8215 TEL (206) 622-8020

WCK00I 0033 dü644O4 9/8/03

1

2 By S//* Sheriff Mike Bra*6ejd`
3 Dated: 7/ šPfi>~¿
4 For Plaintiffs:
5

6 NATIONAL PRISON PROJEC
7 AMERICAN O#TL LIBE

8

9 By David C¯. Fathi

10

Attorneys for Plaintiffs

Dated: J / O ?

11

FTHE ION

12 ! AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON
13

14 By

Aaron H. Caplan

j

15

Attorneys for Plajntiffs

Dated: ¶ 16

17 For Plaintiffs: 18

19

Shawn Omdorff

20 Dated: † - i

21
SETTLEMENT AGREEMENT - 16 CV02-5096

CARNEY BADLEY SPELLMAN

LAW OFFICES A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE. «58OO SEATTLE, WAS81O4-5017
FAX (2Ü6) 467-8215 TEL (206) 622-8020

WC`KOOI 0033 clU(>·l4O4 8.'29/03

Approved as to form:

CARNEY BADLEY SPELLMAN, P.S.

3

By

4

David W. Silke

Jon A. Payne

5

Attorneys for Defendants

Dated: (0 ' ? ¯ * % 6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

SETTLEMENT AGREEMENT - 17

WCR(K)l UO33 crt)b44O4 9/8/03

CARNEY BADLEY
CnrtllVJíV
SPELLMAN

LAWOFF,CES
A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE, «58OO
SEATTLE, WA <K 104.5017
TAX (206)467-8215 TEL (206) 622-8020

 
 Omdorff v. Jefferson Co. JC-WA-002-002

1

THE HONORABLE RONALD B. LEIGHTON

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

9

AT TACOMA

10 SHAWN ORNDORPF, on behalf of himself and others similarly situated,
11 Plaintiff,
12
vs. 13
JEFFERSON COUNTY, PETER PICCINI, 14 CARLA SCHUCK, and STEVE
RICHMOND, 15
Defendants. 16

NO. 02-5096 (RJD) RDL SETTLEMENT AGREEMENT

17 Plaintiff Shawn Omdorff, on behalf of himself and the class of individuals he represents,
18
through attorneys David C. Fathi and Aaron H. Caplan, and Defendants Jefferson Count)', Mike 19

20 21
SETTLEMENT AGREEMENT - 1 CV02-5096

CARNEY BADLEY SPELLMAN

LAW OFFICES A PROFESSIONAL SERVICE CORPORATION
700 FIFTII AVEN'UL. #5800 SEATTLE, WA 98104-5017
FAX (206)467-5215 TEL (206) 622-8020

WCR00I 0033 cft)ft4404 9/8/03

1 Brasfield and Steve Richmond,1 through their attorneys David W. Silke and Jon A. Payne, based

2 upon consideration and the mutual promises contained herein, and as a mutual decision to

3 resolve the above-captioned matter without further litigation, hereby agree as follows:

4

1. The parties hereby agree that the attached Stipulation and Order of Dismissal

5 shall be entered, subject to the approval of the Court and notice to the class members.

6

2. The parties agree that this Settlement Agreement, together with the Stipulation

7 and Order of Dismissal to which it is attached, are entered to resolve and settle all claims for

8 declaratory relief, injunctive relief, attorneys' fees, and costs, that were set forth in the

9 Complaint that was filed February 25,2002 under this cause number.

10

3. This Settlement Agreement shall not be construed as an admission by any party,

11 person, or entity regarding liability or violation of any law by defendants or any other person or

12 entity, and this Settlement Agreement may not be used as evidence in any proceeding other than

13 for the sole and limited purpose of enforcing this Settlement Agreement. The parties enter into

14 this Settlement Agreement for purposes of settling the disputed contentions and controversies

15 arising from this action. The parties stipulate, based upon the entire record, that the relief set forth 16 in this agreement is narrowly drawn, extends no further than necessary to correct violations of 17 federal rights, and is the least intrusive means necessary to correct violations of federal rights.

18

19

20 1 Current Sheriff Mike Brasfield and Jail Superintendent Steve Richmond did not hold these positions 21 at the time of the alleged acts contained in the Complaint.

SETTLEMENT AGREEMENT - 2 CV02-5096

CARNEY BADLEY SPELLMAN

LAW OFFICES A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE. t!$HOO SEATTLE, WA 98104-5017
FAX (206)467-82!5 TEL (2()f>) 622-8020

WCR.00I 0033 cfU644l>4 9/8/03

1

4. Definitions:

2

a. Defendants: Defendants are defined as Jefferson County, the Jefferson

3 County Jail ("Jail"), Mike Brasfield, Steve Richmond, and all of their successors, assigns,

commissioners, supervisors, officers, agents, employees, and insurers.

b. Plaintiffs: Plaintiffs are defined as Shawn Omdorff and the class of "all

persons who are now, or who will in the future be, incarcerated at the Jefferson County Jail," as

certified by United States District Court Judge Robert J. Bryan in the instant matter on

September 3,2002.

c. Execution Date: The execution date of this Settlement Agreement, as

10 referred to below, shall be date on which the Court enters an order of final approval of the

11 settlement under Ted. R. Civ. P. 23(c).

12

Agreements by Defendants

13

5. a. Defendants agree to comply with the terms of this Settlement Agreement

14 for 36 months, beginning on the date of execution of this Settlement Agreement. At the

15 expiration of the 36-month enforcement period, this Settlement Agreement shall automatically

16 terminate, unless extended under Paragraph 7(a).

17

b. On or before 6 months from the execution date of this Settlement

18 Agreement, Jefferson County shall have drafted, adopted and implemented the necessary policies

19 and procedures to ensure compliance with the requirements of this Settlement Agreement, as

20

21
SETTLEMENT AGREEMENT - 3 CV02-5096

CAKJNLY
BADLEY SPELLMAN

LAW OFFICES A WOI-ESSIONAL^EKVICF. CORPORATION
l'A^^
FAX (206) 467-82 i 5 TEL (206) 622-8020

WCR001 0033 ef0A4404 9/8/03

provided in paragraphs 6(c)-(jj) below. Copies of policies will be provided to counsel for

2 plaintiffs upon adoption.

3

c. Jefferson County agrees to seek accreditation for the Jail's system for

delivery of medical services to inmates from the National Commission on CoiTectional Health

Care ("NCCHC") or other accrediting organization upon mutual agreement with the ACLU,

within 12 months of the execution date of this agreement. The Jail will adopt and implement

health care policies and procedures that would allow accreditation to be granted.

d. Jefferson County agrees to maintain a temperature in all inmate areas of

the Jail of between 60° and 80° Fahrenheit. For 36 months following the execution date of this

10 agreement, either the Jefferson County Health Department or a mutually agreed upon

11 independent contractor paid for by Jefferson Cuunly shall tesl the temperature within all inmate

12 areas of the Jail four times per year to verify that all temperatures are within the mandated range.

13 Temperature checks will be performed in the months of February, May, August, and November

14 on dates chosen without advance notice to jail staff. Defendants shall provide the results of the

15 tests to counsel for Plaintiffs.

16

e. Defendants will ensure that a sufficient supply of toilet paper and sanitary

17 napkins are maintained at the Jail. Such hygiene supplies will be delivered to inmates when

18 needed, even if the need arises sooner than, or in addition to, the Jail's ordinary distribution 19 schedule. Toilet paper and sanitary napkins will not be withheld as discipline for inmate 20 21

SETTLEMENT AGREEMENT - 4
CV02-5096

CARJNEl BADLEY
SPELLMAN

LAW OFFICES A WOFKSIONAL^SERVICE CORPORATION
^FiFA"
FAX (206) 467-8215 TEL (206) 622-8020

WCR001 0033 cfO644(M 9/S/03

1 behavior. However, Defendants reserve the right to discipline inmates for stockpiling or abusing

2 toilet paper or sanitary napkins.

3

f. Inmates shall be offered a clean towel on a daily basis. Clean uniforms

will be offered twice per week. Permanently stained uniforms will be discarded.

g. Inmates in cells with exterior walls shall be entitled, upon request, to

receive up to two blankets in addition to the blankets that are issued when the inmate is booked

into the Jail.

h. Inmates may receive long underwear from outside retail vendors, provided

that the long underwear is sent directly to the inmate from the manufacturer or retailer in an

10 unopened, factory-sealed package.

11

i.

The Jail will offer recreation to each inmate, other than those iiunales in

12 the holding or crisis cells, for at least one hour per day, seven days per week, of which no less

13 than four days per week are outdoor recreation. The Jail reserves the right to withhold indoor or

14 outdoor recreation for safety or security purposes, documented by an incident report. "Safety or

15 security purposes" shall include, but not be limited to, withholding recreation from inmates who: 16 1) have previously committed infractions during indoor or outdoor recreation and have received, 17 after suitable procedures, a sanction of denial of recreation, which sanction may not exceed one 18 week of denial; or 2) pose an increased threat of harm to themselves, others, or property if they 19 are allowed to participate in indoor or outdoor recreation. A written record will be kept of the 20 recreation periods given in the Jail's general log book. Any instances where indoor or outdoor

21
SETTLEMENT AGREEMENT - 5 CV02-5096

CARTS IS Y BADLEY
SPELLMAN

LA A PROFESSIONAL SEKVIO: CORPORATION
700 FIFTH AVENUE. #5800
SEATTLE. WA9S 104.5017
FAX (206)467-8215 TEL (206) 622-8020

WCROOI 0033 ef064404 9/8/03

1 recreation is withheld shall be logged in the Jail's log book, which shall state the reason for

2 withholding the indoor or outdoor recreation.

3

j.

Toilets, hot water faucets, and showers that are not functioning will be

evaluated by a representative of Jefferson County Department of Public Works within one

business day of jail staff receiving notification of the malfunction. Business days are Monday

through Friday. During any period of time when either the toilet or the hot water in an inmate's

cell is not functioning, the Jail will take the necessary steps to ensure that the affected inmate has

access to a functioning toilet and hot water. Inmates will not be housed in cells with

malfunctioning toilets unless a cell with a functioning toilet is not available.

10

k. The Jail will adopt policies and procedures to ensure that the drainage

11 pipes in the Jail are kepi moisl to prevent odors in llic Jail.

12

1. An inmate who has spent at least five consecutive days assigned to a

13 portable bunk (also referred to as a "boat") will be reassigned to a regular bed, unless the inmate

14 requests continued assignment to the portable bunk.

15

m. The Jail and/or the Jefferson County Department of Public Works will

16 develop and adhere to a preventative maintenance program for maintenance of the Jail's heating,

17 ventilation and air conditioning ("HVAC") system.

18

n. The Jail will provide some form of personal property storage unit for each

19 inmate.

20

21

SETTLEMENT AGREEMENT - 6 CV02-5096

CARNEY BADLEY SPELLMAN

LAW OFFICES A PROFESSIONAL SEKVIfl- CORPORATION
700 FIFTH AVENUE. #5S00 SEATTLE, WA 98104-5017
FAX (206)467-8215 TEL (206) 622-8020

WCR001 0033 e(T)64404

1

o. The Jail will prepare and maintain fire preparedness plans and will

2 implement and perform fire drills at least once per year.

3

p. The Jail's crisis cell will not be used as discipline for infractions or

misbehavior, unless both of the Jail's segregation cells are occupied, in which case an inmate

assigned to segregation may be assigned to the crisis cell for no more than 24 hours per 72 hour

period. The crisis cell may be used to house: 1) inmates who show evidence of being a risk of

harm to themselves, to others, or to Jail property in the form of property destruction or intentional

flooding; 2) inmates who require medical or psychiatric supervision; or 3) inmates who are

intoxicated.

10

q. The Jail will maintain a separate crisis cell log, which will document the

11 lime uf entry to and exit fiuni the crisis cell for any icasun, and a iccuid of a corrections officer

12 directly observing the crisis cell occupant in person and not by video monitoring at least every 15

13 minutes during crisis placement. Further, during the entire course of an inmate's stay in the crisis

14 cell, the Jail will keep with the crisis cell log a sheet indicating the reasons for placing the inmate

15 in the crisis cell. Upon the inmate's transfer from the crisis cell, the sheets will be placed in a

16 central file of crisis log materials. The Jail may also place the sheets in the inmate's general

17 and/or medical file.

18

r.

A corrections officer's decision to place an inmate in the crisis cell must

19 be reviewed by a supervising officer by the end of the supervising officer's first shift following 20 the inmate's placement in the crisis cell. If the inmate is placed in the crisis cell by the Jail

21
SETTLEMENT AGREEMENT - 7 CV02-5096

CARNEY BADLEY SPELLMAN

LAW OFFICES A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE, « S 0 0 SEATTLE, WA 98104-5017
FAX(2Of>)467-82!5 TEL (206) 622-8020

WCR001 0033 i;IT>64404 9'8/03

superintendent, review will be by the undersheriff or sheriff. The Jail will develop and implement a policy to determine when an inmate should be released from the crisis cell. The supervisor will

be notified when the inmate is released from the crisis cell.

s. Jefferson County Mental Health will be called at the time an inmate is

placed in the crisis cell for mental health reasons. The Jail's health care professional will be

called at the time an inmate is placed in the crisis cell for medical reasons. Inmates will not be

placed in the crisis cell in the nude. If a determination is made that the inmate's clothing should be removed in order to protect the inmate's safety, to prevent property destruction, or to facilitate

clothing exchange, the inmate will be provided with a suicide smock or other suitable clothing.

10

t.

Grievance forms, medical request forms, and regular request forms will

11 be made available in each cell block day room. The forms will be replenished as needed. The

12 medical request form will be amended to provide space for the inmates to describe their current

13 symptoms.

14

u. The Jail will respond in writing to all written grievances within seven days

15 of receipt by Jail staff. Jail staff will not retaliate against or deny privileges to any inmate for 16 writing grievances, contacting counsel, or complaining to any person about Jail conditions based

17 solely on the fact that the inmate has complained about Jail conditions. However, this paragraph

18 does not limit the Jail's ability to discipline inmates for violations of the Jail's Policies and

19 Procedures. 20

21
SETTLEMENT AGREEMENT - 8 CV02-5096

CARNEY BADLEY
SPELLMAN

LAW OFFICES A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVF.NUt. #5800 SEATTLE, WA 98104-5017
FAX(206)467-R215 TEL (206) 622-8020

WCRO0I 0033 elI)64404 9/8/03

v. The reasons for, and a description of, all disciplinary' action will be

recorded in writing. Copies of documentation pertaining to the disciplinary action will be placed

in a central disciplinary file, in addition to any other file locations. The term "disciplinary action"

means denial of privileges, lockdown, infractions, or segregation in response to misbehavior, but

does not include verbal reprimands or instructions that are not accompanied by punishment or

loss of privileges.

w. The Jail will develop and implement an objective inmate classification

system.

9

x. All altercations between inmates involving the use or threat of violence of

10 which Jail staff are aware shall be documented. Inmates threatening fights with each other will be

11 separated, unless either the corrections officer or the inmates themselves are able to resolve the

12 issue between the inmates.

13

y. All use of force by Jail staff, including application of restraints, shall be

14 documented in an incident report. Copies of the incident report will be kept in a central incident

15 report file and in the individual inmate's file.

16

z. The Jail shall keep accurate records of the good time credits applied for

17 and awarded pursuant to its written Policies and Procedures, and reports of good time credits shall

18 be made available to inmates weekly upon request. No good time credits will be revoked without

19 notice to the inmate and an opportunity for a hearing.

20

21

SETTLEMENT AGREEMENT - 9 CV02-5096

CAR1NLY
BAD LEY SPELLMAN

LAW OFFICES
A |1R0FKSSI0NAL7^RF^|l;; ™£NUE^™OO A*
FAX (206)467-8215 j
lhL(206)()22-S02(l

WCR001 0033 e1T)64404 9/8/03

1

aa. The Jail will keep accurate computerized records of inmate commissary

2 accounts. Such records will be made available to the inmates weekly upon request.

3

bb. All current Jail staff will attend professionalism training from an outside

provider within one year of the execution date of this agreement. The content and provider of the

training will be of the Jail's choosing, so long as the training is offered by or approved by the

National Institute of Corrections, the American Correctional Association, the Washington

Association of Sheriffs and Police Chiefs, a similar nationally accredited coiTections organization,

or as otherwise agreed between the parties to this Settlement Agreement. Thereafter, all new

hires will undergo the same training. A refresher course will be attended at least every five years

10 by staff with continuous sendee for five years.

11

cc. There will be a minimum of iwo coneciiunal staff budgeted by the County

12 and scheduled by the Jail for duty at all times. County employees operating the dispatch desk are

13 not considered correctional officers for purposes of this paragraph.

14

dd. The Jail's ban on outside reading material shall be rescinded as of the

15 execution date of this agreement. It its place, the Jail may implement content-based prohibitions 16 with regard to literature received by inmates, so long as those policies do not infnnge upon those 17 First Amendment rights retained by the relevant party. Books may be limited to those shipped 18 directly from the publisher or retailer and received unopened at the Jail. The Jail will incur no 19 liability for failure to forward incoming mail, publications, or books to inmates who have been 20 released from the Jail.

21
SETTLEMENT AGREEMENT - 10 CV02-5096

CARNEY
B ADLE Y
SPELLMAN

LAWOFHCES A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE. #5800
sEAmawAgsuw-son
FAX (206)467-8215 TEL (200) 622-8020

WCR001 0033 ero644()4 9/8/03

1

ee. The Jail's ban on printouts from the Internet is rescinded. The Jail may

2 impose a limit on the number of pages of internet printouts per day an inmate may receive by

mail, as long as the limit is not less than ten pages per inmate per day. Incoming Internet

materials shall be subject to review by Jail staff pursuant to the Jail's content-based restrictions,

and such documents may be withheld by the Jail on this basis, so long as those policies do not

infringe upon those First Amendment rights retained by the relevant party.

ff. Mail may not be withheld, delayed, or denied as a disciplinary device.

The Jail may withhold mail to prevent violation of a protective order, violation of a noncontact

order, or other criminal conduct. All deliverable mail shall be given to inmates within two

10 business days of receipt by the Jail.

11

gg. Upon request, inmates will be allowed to make confidential phone calls to

12 counsel on an unmonitored phone outside the hearing of Jail staff and other inmates. If requested,

13 inmates shall be afforded at least two attorney calls per day and may receive calls from their

14 attorney within two hours of requesting an opportunity to receive a call from their attorney.

15

hh. Jail staff will not read outbound or inbound legal mail. Incoming

16 envelopes marked "legal mail" may be opened by Jail staff and inspected for contraband only in

17 the presence of the recipient. Nothing contained in this paragraph, however, shall preclude the 18 Jail from taking the necessary' steps to ascertain whether an item purporting to be legal mail is 19 actually legal mail. 20

21

SETTLEMENT AGREEMENT - 11 CV02-5096

C AKJN L V BADLEY
SPELLMAN

LAW 0FFlcrs
A PROFESSION* SERVICK «
7UU HI11 H AVhNUh. ffjoU
SEATTLE, WA«UM-5017
TAX (200)467-8215 TEL (206) 622-8020

WCR001 0033 e(t)64404 9'8/03

ii. The Jail will not have scheduled daily lockdown periods during daytime

hours. The Jail may impose daytime lockdowns if necessary for security reasons, with any

security lockdowns documented in an incident report.

jj. Defendants will make payment to the "American Civil Liberties Union of

Washington Foundation" in the amount of S82,500.00 within ten days of the execution date of

this agreement. Such payment shall be in full settlement of any and all attorneys' fees and costs

incurred by plaintiff Shawn Orndorff and/or the class as of the execution date.

Settlement Agreement bv Plaintiffs

6. Plaintiffs agree that, upon this Court's approval of the Settlement Agreement,

10 plaintiffs' Complaint under the above cause number shall be dismissed with prejudice pursuant to

11 the Stipulation and Order of Dismissal.

12

Mutual Settlement Agreement bv Defendants and Plaintiffs

13

7. a. An independent monitor or monitors, mutually agreed upon by the parties

14 and paid for by the County, will make periodic visits to the Jail and shall have full access to

15 inmates, records, and facilities. The monitor will make the first of such visits on a date

16 approximately one year after the date of execution of this Settlement Agreement. Thereafter, the

17 monitor shall visit and evaluate the Jail's compliance with this agreement two times per year until

18 36 months have elapsed from the execution date of this agreement. Counsel for Plaintiffs and

19 Defendants shall use their best good-faith efforts to agree to a monitor or monitors at reasonable 20 cost to the County. In the event the parties are unable to agree on monitor(s), they will submit

21
S E T T L E M E N T A G R E E M E N T - 12 CV02-5096

CAJ<JNLY BADLEY
SPELLMAN

LAW OFFICES A PROFKSSIONAI.^R^CE CORPORATION
'XI'A^'
FAX (206)467-8215 TEL (206) 622-8020

WCRO0] 0033 efO64404 9/8/03

1 their nominations in a motion to the federal court or to a mutually agreed upon outside arbiter.

2 The approximate schedule for monitoring shall be as follows:

3

Visit/Report

Time

4

(1) 1 year after execution of the agreement;

5

(2) 1.5 years after execution of the agreement;

6

(3) 2 years after execution of the agreement;

7

(4) 2.5 years after execution of the agreement;

(5) 3 years after execution of the agreement.

The monitoring shall be broken down into two main categories, entitled "Facilities/Operations"

10 and "Medical." If the Jail is found to be in full compliance in cither of these areas for two

11 consecutive monitoring periuds, the monitoring fur dial category shall terrninale. If the monitor

12 for either category does not report substantial compliance on the last monitor visit scheduled

13 above, the duration of the agreement will be extended and additional monitor visits scheduled on

14 six-month intervals, until such time as the monitor reports substantial compliance. Under no

15 circumstances will the agreement be extended more than an additional two years past the

16 originally scheduled termination date.

17

b. Plaintiffs must attempt to resolve any and all disputes concerning the

18 Defendants' continuing compliance with this Settlement Agreement through the following 19 dispute resolution process. Plaintiffs shall inform counsel for Defendants in writing of any 20 alleged substantial non-compliance. If the issues are not resolved at that stage, counsel for

21
SETTLEMENT AGREEMENT - 13 CV02-5096

CARNEY
BADLEY SPELLMAN

LAW OFFICES
A PROFESSIOKA17S0J):'^(1; ^
FAX (206)467-8215
TF.l. (206) 622-8020

WCR00I 0033 efT)64404 9/8/03

Plaintiffs and counsel for Defendants shall meet and confer in good faith to try to resolve any

differences. If the issues are not resolved at that stage, the parties and their counsel must attempt

to resolve the issues at mediation using a mutually acceptable mediator. If the dispute is not

resolved at mediation, Plaintiffs' counsel may file a motion in this Court. This Settlement

Agreement does not require Plaintiffs to exhaust the Jefferson County Jail's administrative

grievance process prior to attempting to resolve any disputes through the alternative dispute

resolution process described in this Settlement Agreement.

c. The prevailing party in any motion to enforce this agreement shall be

entitled to recover attorneys' fees and costs consistent with applicable law and the Prison

10 Litigation Reform Act. Otherwise, each party shall bear its own costs and attorneys' fees

11 regarding this Settlement Agreement. Nothing in this Settlement Agreement precludes the use of

12 any other type of alternative dispute resolution process that the parties agree to use to resolve

13 disputes. 14

d. This document is not a Consent Decree, but it is an agreement that is

15 enforceable through the remedies specified herein. None of the provisions contained in this 16 Settlement Agreement should be construed as creating or extinguishing any statutory rights or 17 federal constitutional interests. In the event a federal court rales it is without jurisdiction to 18 enforce this Agreement, the parties may seek enforcement, including specific performance, in 19 Washington state courts under applicable law. 20

21

SETTLEMENT A G R E E M E N T - 14
CV02-5096

CAKINLi BAD LEY
SPELLMAN

LAW OFFICES A PROFESSIONAL SERVICE TORI-ORATION
sEAm.E.\vA98io4-5oi7
FAX (206)467-8215 TEL (206) 622-8020

WCR001 0033 ef064404 9/S/03

e. Class counsel will have full access to inmates, records, and facilities upon

24 hours notice to the Jail.

f. This Settlement Agreement constitutes the final written expression of all

of the terms of settlement and is a complete and exclusive statement of those terms. No other

agreements, oral or written, bind the parties.

g. This agreement may be modified at any time by a written and signed

document executed by mutual agreement of plaintiffs' and defendants' counsel. To give the

provisions contained herein an opportunity to be implemented and evaluated, the parties agree not

to challenge this agreement for a period of three years from the execution date.

10

h. The undersigned hereby acknowledge that the terms of this Settlement

11 Agreement have been completely read, wholly understood, and voluntarily accepted for the

12 purpose of making a full, final and binding compromise, adjustment and settlement of any and all

13 claims, disputed or otherwise, that are asserted in the Complaint.

14

i.

This Settlement Agreement may be signed in counterpart originals and

15 may be delivered by facsimile with originals to follow. Defendant Jefferson County certifies that

16 Dan Titterness has authority to bind the County to the terms of this Agreement.

17 For Defendants:

JEFFERSON COUNTY L

M. 19 By:

20

Dan Titterness

Dated: /C~6-20O3

SETTLEMENT AGREEMENT - 15
CV02-5096

CAKJN-LY
BADLEY
SPELLMAN

LAW OFFICES
A ^OKKSSIONAL^SERVICE CORPORATION
^^^
FAX (206)467-8215 TEL (206)622-8020

WCR00I 0033 dl>644()4 9/8/03

1

2 Sheriff Mike.BrasfceJd^
3 Dated: *
4 For Plaintiffs:
5

6 NATIONAL PRISON PROJECTQF THE
7 AME 8

9 David C'. Fathi

10

_„, for Plaintiffs

Dated:

11

12 AMERICAN CIVIL LIBERTIES UNION OF WASHINGTON
13

14 By

Aaron H. Caplan /

15

Attorneys for Plaintiffs

Dated: f /H

/3

16

17 For Plaintiffs:
IS

19

Shawn Orndorff

20 Dated: ^ - 1

21
SETTLEMENT AGREEMENT - 16 CV02-5096

CARNEY BADLEY SPELLMA^

LAW OFFICES A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVtNUE. 05800
SEATTLE. WA 98104-5017 FAX (206)407-8215 TEL (206) 622-8020

WCKO0I 0033 CIOM404 8/29/03

Approved as to form:

CARNEY BADLEY SPELLMAN, P.S.

3

r) \ , ^

By [ / f l ^ - ^ J W> & — ^

4

David W. Silke

Jon A. Payne

Attorneys for Defendants

6, Dated:

10'$-*%

7

8

9

10

11

12

13

14

IS

16

17

18

19

20

21

SETTLEMENT AGREEMENT - 17
_ , , , . . rnrsr
CV02-5096

CARI\.LY
BADLEY
SPELLMAN

LAW OFFICES
A PROFESSIONAL SERVICE CORPORATION
700 FIFTH AVENUE, #5800
SEATTLE, WA'wtK-son
FAX (206)467-8215 TEL (206) 622-8020

WCR001 0033 cnj(,4404 9/8/03

 
 American Civil Liberties Union: Court Approves Settlement of ACLU Lawsuit to Improve... Page 1 of 2

American Civil Liberties Union
www.aclu.org,

URL: http://www.aclu.org/Prisons/Pr¦sons.cfm?ID=14836&c=26
Court Approves Settlement of ACLU Lawsuit to Improve Conditions at County Jail in Washington State January 28, 2004
TACOMA, WA -– Judge Ronald Leighton of U.S. District Court has approved a settlement agreement between the American Civil Liberties Union and Jefferson County officials to improve conditions for inmates at the Jefferson County Jail in Port Hadlock on the Olympic Peninsula, the ACLU announced today.

FOR IMMEDIATE RELEASE
TACOMA, WA - Judge Ronald Leighton of U.S. District Court has approved a settlement agreement between the American Civil Liberties Union and Jefferson County officials to improve conditions for inmates at the Jefferson County Jail in Port Hadlock on the Olympic Peninsula, the ACLU announced today.

The agreement resolves a class-action lawsuit over inhumane conditions for prisoners filed by the ACLU of Washington and the ACLU's National Prison Project in February 2002.
"The settlement will mean substantial improvements to what had been inhumane treatment of inmates. We congratulate County officials for their commitment to upgrade conditions at the Jail," said ACLU of Washington Legal Program Director Julya Hampton.
The terms of the settlement address a range of deficiencies in the jail's treatment of the people it houses, including the following:
Health Care: The jail's health care program was disorganized and understaffed. Prisoners who requested medical help were often not seen by licensed health care professionals, and untrained jail staff often made medical decisions for the prisoners. Jail staff frequently denied necessary medication, leading to seizures or hospitalization that could have been avoided.
Under the settlement, the jail will implement health care policies and practices that will enable it to qualify for accreditation by the National Council on Correctional Health Care, a nonprofit organization that sets standards in the area.
Sanitation: Prisoners were not provided enough basic hygiene supplies, such as toilet paper and feminine hygiene products. Prisoners have been forced to use makeshift replacements, such as pages from telephone books, towels, or paper bags.

Under the settlement, the jail will keep an adequate supply of toilet paper and sanitary napkins on hand and will deliver them to inmates whenever needed.
Use_oLCrisJs_£eiL: Some of the worst abuses in the jail involved use of the "crisis cell," a bare concrete room with a hole in the floor for a toilet. Although such cells are designed only for prisoners who pose a danger to themselves or others, the jail used it for discipline for routine infractions and to terrorize prisoners. The cell was not adequately monitored, leading to a prisoner death in the cell in March 2001.

Under the settlement, the crisis cell will not be used as discipline for infractions or misbehavior. The crisis cell may only be used to house: (1) inmates who show evidence of being a risk of harm to themselves, to others, or to jail

http://www.aclu.org/news/NewsPrint.cfin?ID=14836&c=26

4/5/2004

American Civil Liberties Union: Court Approves Settlement of ACLU Lawsuit to Improve... Page 2 of 2
property; (2) inmates who require medical or psychiatric supervision; or (3) inmates who are intoxicated. Health care providers will be called when an inmate is placed in the crisis cell for medical or psychiatric reasons.
Temperature: Climate control had been inadequate, often leading to extreme cold conditions in winter and extreme heat conditions in the summer. The jail did not provide adequate blankets or cold-weather clothing.
Under the settlement, all inmate areas of the jail will be kept between 60 and 80 degrees Fahrenheit. Inmates in cells with exterior walls will be entitled to receive up to two extra blankets.
Grievances: The jail had no functioning grievance policy to allow prisoners to seek internal corrections. Prisoners had to request grievance forms from guards, who would refuse to provide them if the prisoner intended to complain about the guard. All written communication between prisoners and guards was on scraps of paper that guards sometimes threw away without response.
Under the settlement, grievance forms, medical request forms, and regular request forms will be made available in each cell block. All written grievances will receive written replies within seven days. Jail staff will not retaliate against or deny privileges to any inmate for expressing grievances.
Mail: Under the settlement, mail may not be delayed or denied as a disciplinary measure. The rules forbidding receipt of outside books, magazines, or material printed from the Internet are rescinded.
The agreement will be enforced by independent outside monitors who will visit the jail at six-month intervals for three years and report on the Jail's compliance with the agreement.
In the 1990s, the ACLU successfully pursued litigation over substandard conditions at the King County Jail, Pierce County Jail, and Washington Corrections Center for Women at Purdy. Staff attorney Aaron Caplan of the ACLU of Washington and staff attorney David Fathi of the ACLU's National Prison Project handled the case._
The county will pay $82,500 in attorneys' fees and costs to the ACLU for its work leading up to the settlement in today's case.
(<:• American Civil Liberties Union 125 Broad Street, 18th Floor, New York, NY 10004
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http://www.aclu.org/news/NewsPrint.cfm ?ID=l4836&c=26

4/5/2004

Orndorff v. Jefferson County JC-WA-002-004

 
 WAWD CM/ECF Version 2.4 - Docket Report

Page 1 of 9

CLOSED, LAW_CLERK_C
U.S. District Court WESTERN DISTRICT OF WASHINGTON (Tacoma)
CIVIL DOCKET FOR CASE #: 3:02-cv-05096-RBL

Orndorff v. Jefferson County, et al Assigned to: Hon. Ronald B. Leighton Demand: $0 Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 02/25/2002 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Defendant

Plaintiff
Shawn Orndorff on behalf of himself and all others similarly situated

represented by Aaron H Caplan American Civil Liberties Union of Washington 705 Second Avenue Suite 300 Seattle, WA 98104-1799 206 624-2184 Fax: 206 624-2190 Email: caplan@aclu-wa.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

David C Fathi ACLU NATIONAL PRISONER PROJECT 915 15TH ST NW 7TH FLOOR WASHINGTON, DC 20005 202-393-4930 Email: dfathi@npp-aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant Jefferson County

represented by David W Silke CARNEY BADLEY SPELLMAN 700 FIFTH AVENUE STE 5800 SEATTLE, WA 98104-7091 206-622-8020 Fax: FAX 622-8983 Email: silke@carneylaw.com LEAD ATTORNEY

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?349507273054183-L_280_0-1

10/13/2005

WAWD CM/ECF Version 2.4 - Docket Report

Page 2 of 9

Defendant Peter Piccini
Defendant Carla Schuck
Defendant Steve Richmond

ATTORNEY TO BE NOTICED
Jon A Payne CARNEY BADLEY SPELLMAN 700 FIFTH AVENUE STE 5800 SEATTLE, WA 98104-7091 206-622-8020 Fax: FAX 467-8215 Email: payne@carneylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David W Silke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jon A Payne (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David W Silke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jon A Payne (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David W Silke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jon A Payne (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/25/2002

#

Docket Text

1 COMPLAINT class action (Summons(es) issued) Receipt # 404849

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?349507273054183-L_280_0-1

10/13/2005

WAWD CM/ECF Version 2.4 - Docket Report

Page 3 of 9

02/25/2002 02/26/2002 02/26/2002
02/26/2002 03/06/2002 03/18/2002 03/20/2002 03/20/2002 03/20/2002 03/21/2002 03/28/2002 03/28/2002
04/22/2002 04/22/2002
05/15/2002
05/15/2002 05/16/2002

(JAB) (Entered: 02/26/2002)
2 MOTION by plaintiff to certify class action NOTED FOR 3/29/02 (JAB) (Entered: 02/26/2002)
LODGED ORDER: re: motion to certify class action [2-1] (JAB) (Entered: 02/26/2002)
3 MINUTE ORDER RE: INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due 5/13/02 (cc: counsel, Judge) (EC) (Entered: 02/26/2002)
4 MINUTE ORDER re: DISCOVERY and DEPOSITIONS by Judge Robert J. Bryan (cc: counsel, Judge) (EC) (Entered: 02/26/2002)
5 ATTORNEY APPEARANCE for all dfts by David W Silke (CAR) (Entered: 03/06/2002)
6 AFFIDAVIT OF SERVICE upon defendant Steve Richmond of summons/complaint on 3/11/02 (CM) (Entered: 03/19/2002)
7 AFFIDAVIT OF SERVICE of summons/complaint upon Donna M. Eldridge on 3/12/02 (EC) (Entered: 03/20/2002)
9 AFFIDAVIT OF SERVICE upon defendant Peter Piccini of summons/complaint on 3/15/02 (EC) (Entered: 03/21/2002)
10 AFFIDAVIT OF SERVICE upon defendant Carla Schuck of summons/complaint on 3/14/02 (EC) (Entered: 03/21/2002)
8 AFFIDAVIT OF SERVICE of summons/complaint, motion for class certification upon Donna Eldridge on 3/12/02 (EC) (Entered: 03/21/2002)
PROPOSED Stip/Order to Renote Motion re: motion to certify class action [2-1] (EC) (Entered: 03/28/2002)
11 STIPULATION and ORDER by Judge Robert J. Bryan: RENOTED FOR 4/26/02 motion to certify class action [2-1] (cc: counsel, Judge) (EC) (Entered: 03/28/2002)
PROPOSED Stip/Order to Renote Mtn (CAR) (Entered: 04/22/2002)
12 STIPULATION and ORDER by Judge Robert J. Bryan that the motion for class certification [2-1] isi RENOTED to 5/24/02. **SEE ORDER FOR DETAILS** (cc: Judge) (CAR) (Entered: 04/23/2002)
13 JOINT STATUS REPORT AND DISCOVERY PLAN filed by all parties. Est. Trial Days: 5-7 Attornies: attorney for defendant, attorney for plaintiff (EC) (Entered: 05/15/2002)
PROPOSED Stip/Order to Renote motion to certify class action [2-1] to 6/28/02 (EC) (Entered: 05/15/2002)
14 STIPULATION and ORDER by Judge Robert J. Bryan: RENOTED FOR 6/28/02 motion to certify class action [2-1] (cc: counsel, Judge) (EC) (Entered: 05/16/2002)

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05/21/2002
06/04/2002 06/19/2002 06/21/2002
07/08/2002 07/12/2002
07/15/2002 07/22/2002
07/24/2002
08/16/2002 08/16/2002 08/16/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002

15 TRIAL NOTICE Discovery cutoff 12/9/02 Motion filing deadline 1/7/03 Deadline to Join Additional Parties is 6/20/02 ; Pretrial order to be submitted by 3/21/03 Pretrial conference set for 8:30 3/28/03 Trial set for 9:30 4/7/03 Trial briefs to be submitted by 3/28/03 39.1 designation effective 3/10/03 (cc:all counsel) (JAB) (Entered: 05/21/2002)
16 ANSWER to complaint [1-1] by defendant (EC) (Entered: 06/05/2002)
PROPOSED Stip/Order to Renote Motion to certify class action [2-1] (EC) (Entered: 06/19/2002)
17 STIPULATION and ORDER by Judge Jack E. Tanner RENOTING FOR 7/12/02 motion to certify class action [2-1] (cc: counsel, Judge) (EC) (Entered: 06/21/2002)
PROPOSED Stip/Order to Renote Motion re: motion to certify class action [2-1] (EC) (Entered: 07/10/2002)
18 STIPULATION and ORDER by Judge Robert J. Bryan: RENOTED FOR 8/23/02 motion to certify class action [2-1]; response ddl 8/15/02; reply ddl 8/22/02 (cc: counsel, Judge) (EC) (Entered: 07/12/2002)
19 NOTICE of Unavailability of counsel David W Silke for defendant Steve Richmond from 7/11/02 to 7/25/02 (EC) (Entered: 07/15/2002)
PROPOSED Stipulation & Order to Compel the Attendance of Plt Shawn Orndorff at His Deposision Noted for Aug 1, 2002 (DK) (Entered: 07/23/2002)
20 STIPULATION and ORDER to compel attendance of Pl Shawn Orndorff at depo noted for 8/1/02 by Judge Robert J. Bryan (cc: counsel, Judge) (EC) (Entered: 07/24/2002)
21 Dfts' Mem in Opp to pltf's motion to certify class action [2-1] (DK) (Entered: 08/19/2002)
22 Dfts' DECLARATION of David W. Silke re mtn for class certification [21-1] (DK) (Entered: 08/19/2002)
23 AFFIDAVIT OF SERVICE by defendant of motion response [21-1], of declaration [22-1] (DK) (Entered: 08/19/2002)
24 REPLY by plaintiff TO RESPONSE to P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
25 DECLARATION of Bob Allen by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
26 DECLARATION of Kenneth B. Baker by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
27 DECLARATION of Brittany Bowman by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
28 DECLARATION of Brook R. Call by plaintiff re P's motion to certify

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08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002 08/22/2002

class action [2-1] (EC) (Entered: 08/23/2002)
29 DECLARATION of Aaron H. Caplan by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
30 DECLARATION of Heath Cowing by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
31 DECLARATION of Michael DiPietro by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
32 DECLARATION of Dave Crook by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
33 DECLARATION of Roger Dumont by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
34 DECLARATION of Albert Dyke by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
35 DECLARATION of Susie Erikson by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
36 DECLARATION of Alicia Erikson by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
37 DECLARATION of Carolyn Hoffmann by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
38 DECLARATION of John French by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
39 DECLARATION of Mark Jochem by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
40 DECLARATION of David James by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
41 DECLARATION of Reid Johnston by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
42 DECLARATION of Amber Mallory by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
43 DECLARATION of Douglas Montgomery by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
44 DECLARATION of John Mallory by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
45 DECLARATION of David McMillon by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
46 DECLARATION of George C. Reutter by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)

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08/22/2002 08/22/2002 08/22/2002
09/03/2002
10/29/2002 10/29/2002 10/31/2002 11/13/2002 11/15/2002 11/19/2002 11/20/2002 11/20/2002

47 DECLARATION of Rob Sutherland by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
48 DECLARATION of Monte Woolman by plaintiff re P's motion to certify class action [2-1] (EC) (Entered: 08/23/2002)
49 AFFIDAVIT OF SERVICE by plaintiff of declaration [48-1], of declaration [47-1], of declaration [46-1], of declaration [45-1], of declaration [44-1], of declaration [43-1], of declaration [42-1], of declaration [41-1], of declaration [40-1], of declaration [39-1], of declaration [38-1], of declaration [37-1], of declaration [36-1], of declaration [35-1], of declaration [34-1], of declaration [33-1], of declaration [32-1], of declaration [31-1], of declaration [30-1], of declaration [29-1], of declaration [28-1], of declaration [27-1], of declaration [26-1], of declaration [25-1], of motion reply [24-1] (EC) (Entered: 08/23/2002)
50 ORDER by Judge Robert J. Bryan GRANTING motion to certify class action: Pltf's mtn for class certification is GRANTED. The court hereby CERTIFIES the following pltf class pursuant to Fed.R.Civ.P.23(a) & 23 (b)(2): All persons who are now, or who will in the future be, incarcerated in the Jefferson County Jail. [2-1] (cc: counsel, Judge) (DK) (Entered: 09/04/2002)
PROPOSED Stip/Order re Class Notice (EC) (Entered: 10/30/2002)
PROPOSED Stip/Order for Health Care Inf (EC) (Entered: 10/30/2002)
51 LETTER by Judge Bryan directed to all cnsl re: Stipulated Protective Order for Health Care Information [0-0] (CAR) (Entered: 10/31/2002)
52 STIPULATION and ORDER RE CLASS NOTICE by Judge Robert J. Bryan: see order for details (cc: counsel, Judge) (EC) (Entered: 11/14/2002)
PROPOSED Stipulation & Order Re: Discovery Deadlines (DK) (Entered: 11/19/2002)
56 LETTER from inmate Bill Morris to Judge Bryan re: good-time issues (DK) (Entered: 11/21/2002)
53 MOTION by plaintiff to compel NOTED FOR 12/6/02 (DK) (Entered: 11/21/2002)
54 ORDER on Pltfs' Motion to Compel Production of Health Care Information by Judge Robert J. Bryan: Dfts shall produce jail health care records of current or former prisoners requested by Pltfs. Dfts shall disclose the identitites of current or former prisoners who may have required health care while incarcerated at the jail, including the nature of the required health care. Pltfs, shall use the info produced pursuant to this order only for purposes of this litigation, which includes prep of expert opinions & testimony, intro & filing of exhibits. Other disclosures outside the litigation are prohibited. **SEE ORDER FOR DETAILS** [53-1] (cc: counsel, Judge) (DK) Modified on 12/18/2002 (Entered:

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11/20/2002 11/20/2002 11/20/2002
11/26/2002 11/27/2002
01/09/2003 01/09/2003 01/09/2003 01/09/2003 01/09/2003 01/09/2003 01/09/2003
01/23/2003 01/30/2003

11/21/2002)
55 STIPULATION and ORDER Re: Discovery Deadlines by Judge Robert J. Bryan discovery ddl - 1/31/03; mtn filing ddl - 2/13/03 Disclose Expert Witnesses by 1/3/03; (cc: counsel, Judge) (DK) (Entered: 11/21/2002)
57 LETTER from Judge Bryan addressed to inmate Bill Morris in response to letter [56-1] (DK) (Entered: 11/21/2002)
58 MINUTE ORDER by Judge Robert J. Bryan re: conference call conducted on 11/18/02 w/Court & counsel. The Court issued no rulings during this dicussion. **SEE MINUTE ORDER FOR DETAILS** (cc: counsel, Judge) (DK) (Entered: 11/21/2002)
59 MAIL RETURNED re: response letter re good time credits [57-1] addressed to Bill Norris (CAR) (Entered: 11/26/2002)
60 MINUTE ORDER by Judge Robert J. Bryan that the above entitled cause of action is DIRECTLY REASSIGNED to the HONORABLE RONALD B. LEIGHTON. All future pleadings shall bear cause number C02-5096 (RJB)RBL and have Judge Leighton's name in the upper right hand corner. Cnsl is directed to amd their pleadings to reflect this chg. (cc: counsel, Judge) (CAR) (Entered: 11/27/2002)
61 MINUTE ORDER: by Judge Ronald B. Leighton referring matter to Magistrate Martinez for a settlement conference (cc: counsel, Judge) (EC) (Entered: 01/10/2003)
62 MOTION by plaintiff for partial summary judgment on First Amendment claims NOTED FOR 1/31/03 (EC) (Entered: 01/13/2003)
63 DECLARATION of Mike Godwin by plaintiff re P's motion for partial summary judgment on First Amendment claims [62-1] (EC) (Entered: 01/13/2003)
64 DECLARATION of Lara Stemple by plaintiff re P's motion for partial summary judgment on First Amendment claims [62-1] (EC) (Entered: 01/13/2003)
65 DECLARATION of Gail Gove by plaintiff re P's motion for partial summary judgment on First Amendment claims [62-1] (EC) (Entered: 01/13/2003)
LODGED ORDER: re: P's motion for partial summary judgment on First Amendment claims [62-1] (EC) (Entered: 01/13/2003)
66 AFFIDAVIT OF SERVICE by plaintiff of order lodged [0-0], of declaration [65-1], of declaration [64-1], of declaration [63-1], of motion for partial summary judgment on First Amendment claims [62-1] (EC) (Entered: 01/13/2003)
67 NOTICE to counsel from Magistrate Judge Martinez of settlement conf scheduled for 2/13/03 @ 9:00. (DK) (Entered: 01/27/2003)
PROPOSED Stipulation & Order to Renote Motion & Extend Discovery

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02/03/2003
03/19/2003
05/29/2003 06/18/2003 06/26/2003 10/14/2003
10/14/2003 10/16/2003 10/16/2003 10/21/2003
10/28/2003 11/19/2003 12/05/2003

(DK) (Entered: 01/31/2003)
68 STIPULATION and ORDER by Judge Ronald B. Leighton: RENOTED FOR 2/28/03 P's motion for partial summary judgment on First Amendment claims [62-1], opposition ddl 2/24/03, reply ddl 2/27/03 ; discovery ddl extended to 2/28/03 (cc: counsel, Judge) (EC) (Entered: 02/04/2003)
69 MINUTE ORDER by Judge Ronald B. Leighton: A settlement conf was conducted & this action has been settled. Pending mtns are stricken as moot. Dismissal papers are due by 4/7/03. (cc: counsel, Judge) (DK) (Entered: 03/20/2003)
ENT-left msg w/deft cnsl re: submission of dismissal papers (JAB) (Entered: 05/29/2003)
ENT-cnsl to update/advise clerk of new date for submission of dismissal papers (JAB) (Entered: 06/18/2003)
Set/Reset Deadlines: Per Counsel Dismissal/Settlement papers will be filed by 7/21/2003. (JAB, ) (Entered: 06/26/2003)
70 Stipulated MOTION for Approval of Settlement Agreement by Plaintiff Shawn Orndorff. Noting Date 10/14/2003. (Attachments: # 1 Exhibit A -Settlement Agreement# 2 Exhibit B -- Proposed Order Directing Notice# 3 Exhibit C -- Notice to Prisoners re Settlement# 4 Exhibit D -- Proposed Order Approving Settlement)(Caplan, Aaron) (Entered: 10/14/2003)
71 Letter from Both Parties re 70 Stipulated MOTION for Approval of Settlement Agreement. (Caplan, Aaron) (Entered: 10/14/2003)
72 NOTICE of Proposed Class Action Settlement (Ntc to All Prisoners of the Jefferson County Jail) signed by Judge Ronald B. Leighton(DK, ) (Entered: 10/17/2003)
73 ORDER Directing Notice to Plaintiff Class **SEE ORDER FOR DETAILS** re 72 Notice of Settlement by Judge Ronald B. Leighton. (DK, ) (Entered: 10/17/2003)
Date for Entry of Settlment Agreement or set Fairness Hrg re 70 Stipulated MOTION for Approval of Settlement Agreement, 73 Order NOTED on motion calendar; Noting Date 12/19/2003. (JAB, ) (Entered: 10/21/2003)
74 NOTICE by Bruce Bratton re: Class Action Settlement 70 (ECS, ) Modified on 11/3/2003 (JAB, ). (Entered: 10/29/2003)
75 Letter from Shawn Orndorff re 70 Stipulated MOTION for Approval of Settlement Agreement. (ECS, ) (Entered: 11/20/2003)
76 Joint RESPONSE to Inmate Objections re 70 Stipulated MOTION for Approval of Settlement Agreement, 75 Letter. (DK, ) Additional attachment(s) added on 1/2/2004 (JAB, (orig image was missing pg 2) Image Modified on 1/2/2004 (JAB, ). (Entered: 12/08/2003)

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12/19/2003 12/29/2003 01/23/2004 01/27/2004
01/27/2004 03/10/2005

77 ORDER directing Notice to Plaintiff Class re 70 Joint MOTION for Approval of Settlement Agreement by Judge Ronald B. Leighton ***** SEE ORDER FOR DETAILS **** In-court Hearing set for 2/20/2003 09:30 AM in Courtroom B before Hon. Ronald B. Leighton. by Judge Ronald B. Leighton. (CM, ) (Entered: 12/19/2003)
78 MINUTE ORDER vacating second Order Directing Notice to Plaintiff Class and Setting Fairness Hearing. (The Order directing notice to class was previously filed)Signed by Jean Boring as directed by Judge Ronald B. Leighton. (JAB, ) (Entered: 12/29/2003)
79 NOTICE of Hearing: REASONABLENESS HEARING set for 1/27/2004 11:00 AM in Courtroom B before Hon. Ronald B. Leighton. Signed by Jean Boring as authrorized by Judge Leighton (JAB, ) (Entered: 01/24/2004)
80 REASONABLNESS HEARING held before Judge Ronald B. Leighton Dep Clerk: Jean Boring; CR: Julaine Ryen (USDC); Pla Counsel: Aaron Caplan; Def Counsel: John Payne/David Silke; In Court Hearing held on 1/27/2004. No members of the class are in attendance. Court has reviewed all objections filed; Court inquires of counsel as to the settlement; For the reasons stated orally, on the record, the 70 Stipulated MOTION for Approval of Settlement Agreement, is GRANTED. (JAB, ) (Entered: 01/27/2004)
81 ORDER APPROVING SETTLEMENT AGREEMENT AND DISMISSING LITIGATION by Judge Ronald B. Leighton. (JAB, ) (Entered: 01/27/2004)
82 NOTICE of Change of Address by Aaron H Caplan (Caplan, Aaron) (Entered: 03/10/2005)

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