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I MAl L I _FILED
_LODGED

_Rtctl>iEO 1...~~=.a.

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MAR 13 2002

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tJ'l ~ '~ 10
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IN THE UNITED STATES DISTRICf COURT WESTERN DISTRICT OF SEATTLE AT SEATILE

JASMINE MARIE WELLS and BRIAN WALTON,
Plaintiffs, v
THE CITY OF SEATILE, a mumclpal corporatIOn; JOHN DOE, In hIS capacIty as a pohce offIcer for the CIty of Seattle, and as an Inchvldual, and RICHARD ROE, In hIS capacIty as a police offIcer for the CIty of Seattle, and as an mchvldual,

CV02 0601P
No COMPLAINT FOR DAMAGES
JURy DEMANDED
ORIGINAL

19

Defendants

20

21

22

I. INTRODUCTION

23

ThIS IS a clYII actIOn seekmg damages agamst the above·named defendants. The cIvIl claIms mclude

cornmon law tort causes of actIOn, statutory causes of actIOn, and offenses commItted under color of law 24 resultmg In a depnvatlOn of nghts secured by the ConstItutIOn and laws of the Umted States of Amenca

25

26 f f

111111111111 II 111111111111111111 11111 II 11111111 11111 II II 111I
III 111111111111 11111 11111 II 11111111
CV 02-0601 #1

COMPLAINT FOR DAMAGES - 1

THEODORE SPEARMAN, P.C. Solannanne BUlldmg, SUlte 208 755 Winslow Way East
Balnbndge Island, Washmgton 98 t 10 206-842'()566

• •

II. JURISDICTION AND VENUE

2

2 1 ThIS Court has personal and subject matter Junsd!ctlOn over plaIntIff's federal cIvIl nghts

claIms under Title 42, Umted States Code, §1983, and TItle 28, Umted States Code, §§133l and
3
1343(a)(3)

4
2 2 ThIS court has pendent Junsdlctlon over plaIntIff's state law claIms and over defendants as to 5 saId claIms, pursuant to TItle 28, Umted States Code, §1367 (JudICIal Improvements Act of 1990), Publlc

6 Law No 101-650, 104 Stat 5089 (1990)

7

23 The acts and onusslOns complaIned of hereIn occurred In KIng County, WashIngton, and the

8 defendants are resIdents and cItizens of the State of WashIngton

9

24 PlaIntIffs are resIdents and cItizens of the state of Alaska.

10
2 5 Venue In thIS Court IS proper pursuant to TItle 38, Umted States Code, §139l
11

12

13

III. PARTIES

3 1 Plamtlffs Jasnune Mane Wells and Bnan Walton are cItizens of the Umted States and cItizens

14 and reSidents of the state of Alaska.

15
3 2 Defendant CIty of Seattle IS a mUnIcipal corporatIOn organIzed under the laws of the State of 16 Washmgton Defendant City of Seattle IS sued directly under 42 U.S.C. §1983 for the unconstItutIOnal act,

17 pollcles and practices and under the doctnne of respondeat superIOr as to the state law causes of actIOn

18

3 3 Defendant City of Seattle Includes, as one of ItS agencies, the Seattle Pollce Department.

19
3.4 At all tImes matenal to thiS complaInt, pollce offIcer defendants John Doe and Richard Roe, 20 whose Identities are not known, were employed by defendant CIty of Seattle with other unknown officers

21 At all times matenal to thiS complaInt, defendants John Doe and Richard Roe were agents and employees of

22 defendant City of Seattle and were acting WIthIn the scope of theIr employment With the City of Seattle,

under color of the laws of the State of WashIngton
23

24

3.5 Defendants John Doe and Richard Roe are sued In their IndIVidual capacIty and offICial

capacity as agents and/or employees of defendant City of Seattle.

25

26
/ /

COMPLAINT FOR DAMAGES - 2

p.e. THEODORE SPEARMAN,
Solarmarme BUl.1dmg. SUlte 208
755 Wmslow Way East Bamhndge Island, Washmgton 98110
206-842-0566

• •

1

IV. FACTUAL ALLEGATIONS

2

4 1 Plamllffs on November 27,2000 flew to Seattle to engage m Chnstmas shoppmg and other

reasons unrelated to the World Trade Orgamzallon (WTO) conference annIversary demonstratlOns Pnor to,
3
and at the lime of their amval m Seattle, plamllffs were unaware the WTO annIversary demonstratIOns were

4 occumng. Plamllffs stayed m a motel away from downtown Seattle and did not come mto the downtown

5 area unlll the afternoon of November 30, 2000

6

4.2 On November 30, 2000 plamllffs traveled by public transportation through the bus tunnel to

7 the Westlake Mall at approximately 4 30 m the afternoon. They went mto the Westlake Mall and shopped for

several hours, never ventunng outside until later that evenIng, when they eXited the Mall to go across Fifth
8
Avenue to Nordstrom's department store to shop. After shoppmg at Nordstrom's, they returned to the

9 Westlake Mall unlll the Mall closed at 9 00 p.m.

10

43 At that lime upon exltmg the Mall, they saw what appeared to be a parade and lots of people

11 m the street They thought It was festive and walked to a coffee shop nearby and had coffee watchmg what

12 was occumng on the street At approximately 9 30 P m. they left the coffee shop Upon eXiting the

commercial establishment, they saw large numbers of police officers north of them on Fourth Avenue, to the
13
east of where they had eXited and to the south. As they walked on Fourth Avenue, they realized that large

14 numbers of police officers were gettmg off of buses and began slarnrmng their batons Into their body armor

15

44 All of the police officers were closing In on the people caught In the middle and no one was

16 allowed to eXit the corralling that was occumng, although police were now, on loud speakers, telling the

17 people to disperse, while they were making It ImpOSSible for the people to disperse

18

4.5 On November 30, 2000, defendant City sent officers of the Seattle police department,

19 dressed In not gear, to the Westlake Plaza area of Seattle The officers were directed to arrest CIVilians In the

Westlake Plaza area and did so Without regard to whether they were demonstrators or mnocent people
20

21

4.6 As plaintiff Jasmine Mane Wells was walking on Fourth Avenue to find a mUSIC club,

defendant John Doe seized and handcuffed her and took her Into custody Plalnllff Bnan Walton was

22 arrested and handcuffed by defendant Richard Roe, who took him Into custody at the same time

23
4.7 Plaintiffs were transported to the King County Jail and Impnsoned there. Plaintiffs were 24 released from the Jail the next day only after they were able to post a bond.

25
4 8 Although lacking probable cause, the defendants charged plamllffs With the cnmlnal offenses 26 of Pedestnan Interference m VIOlatIOn of RCW 12A.12.015 and Failure to Disperse In vlOlatlOn of RCW

COMPLAINT FOR DAMAGES - 3

p.e. THEODORE SPEARMAN,
Solarmarme Buudmg, SUlte 208 755 Wmslow Way East
Bambndge Island, Washmgton 98110
206-842-0566

• •
12A 12020 These charges remamed m force jeopardlzmg plamtIffs' freedom untIl they were resolved m 2 plamtIffs' favor on February 27, 2001

3

4.9 Defendant CIlY of Seattle failed to properly supervIse defendants John Doe and RIchard Roe

4
4 10 Defendant CIty of Seattle failed to tram defendants John Doe and RIchard Roe not to arrest 5 and detam mdlvlduals without probable cause

6
4 11 As a result of the acts and omISSIons of defendants, plamtlff Jasmme MarIe Wells suffered 7 personal mjunes including, but not 1aruted to, loss of lIberty, pain and suffenng, emotIOnal dlstress, fear and 8 other consequentIal damages.

9

4 12 As a result of the acts and OITI1SSlOnS of defendants, plamtIff Bnan Walton suffered personal

10 Injunes mcludmg, but not hmlted to, loss of hberty, emotIOnal dlstress, fear and other consequential

damages
11

12

4 13 Plamtlffs hereby waIve the physlclan's-patlent pnvilege ONLY to the extent reqUIred by

RCW 5.60 060, as lImited by the plamtlffs' constItutIOnal nghts of pnvacy, contractual nghts of pnvacy,

13 and the ethIcal oblIgatIOns of physIcIans and attorneys not to engage m ex-parte contact between the treatmg

14 phYSICIans and the patIents' legal adverSarIes

15

4 14 Regardmg theIr state law chums, plamtIffs have compiled wIth the applIcable non-claIm

16 reqUIrements of RCW 4 96 020

17

V. FIRST CAUSE OF ACTION:

18

VIOLATION OF THE FOURTH AMENDMENT

PROHIBITION AGAINST UNREASONABLE SEIZURES

19

5 1 PlaIntIffs hereby Incorporate and re-allege as If fully set forth herem each and every allegatIOn

20 of paragraphs 4.1 through 4 12.

21

5.2

22 or usage

The acts and OITI1SSlOnS of defendants herem were perfonned under color of state law, custom

23

53 Jasmme MarIe Wells and Bnan Walton were seIzed, for purposes of the Fourth Amendment

24 to the Umted States ConstItutIon, by t1!e acts and OITI1SSlOnS of defendants set forth herem

25

54 Jasmine Mane Wells and Bnan Walton had a federally-protected nght, under the Fourth

26 Amendment, not to be subjected to an unreasonable seIzure.

COMPLAINT FOR DAMAGES • 4

THEODORE SPEARMAN, P.C.
Solannanne Bluldmg, Smte 208 755 Wmslow Way East
Brunbndge Island, Washmgton 98110 206-842-0566

• •

5 5 The acts and OITIlSSlOnS of defendants herem proXImately caused the deprivallOn of the Fourth 2 Amendment nghts of Jasrrune Mane Wells and Bnan Walton

3

5.6 As a proximate result of the acts and omiSSIOns of defendants and depnvatlon of plamtlff's

4 Fourth Amendment nghts, plamtlffs suffered personal mJunes as set forth herem above

5
VI. SECOND CAUSE OF ACTION:

6

ARREST WITHOUT PROBABLE CAUSE

IN VIOLATION OF THE FORTH AMENDMENT

7

6 1 Plamtlffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIOn

8 of paragraphs 4 1 through 4.12

9

6.2

10 or usage.

The acts and orrusslOns of defendants herem were performed under color of state law, custom

11

6.3 Jasmme Mane Wells and Bnan Walton were arrested, for purposes of the Fourth

12 Amendment, when they were seized, handcuffed and taken mto custody

13

64 Jasrrune Mane Wells and Bnan Walton had a federally-protected nght, under the Fourth

14 Amendment, not to be arrested by defendants Without probable cause.

15

65 The defendants lacked probable cause to arrest Jasmme Mane Wells and Bnan Walton

16
6.6 The acts and orrusslons of defendants herem, and each of them, proximately caused the 17 depnvatlon of Jasrrune Mane Wells and Bnan Walton's Fourth Amendment nghts.

18
6 7 As a proximate result of the acts and orrusslOns of defendants and depnvatlOn of her Fourth 19 Amendment nghts, plamtiffs Jasrrune Mane Wells and Bnan Walton suffered personal mJunes as set forth 20 herem above

21
VII. THIRD CAUSE OF ACTION:

22

VIOLATION OF THE FOURTEENTH AMENDMENT

DUE PROCESS CLAUSE

23

7.1 Plamllffs hereby mcorporate and re-allege as If fully set forth herem each and every ailegallon

24 of paragraphs 4 1 through 4.12.

25

7.2 The acts and orrusslOns of defendants herem were performed under color of state law, custom

26 or usage

COMPLAINT FOR DAMAGES - 5

p.e. THEODORE SPEARMAN, Solannanne Bmldmg, Smte 208 755 Wmslow Way East Bambndge Island, Washmgton 98110 206-842-0566

• •

7.3 Jasmme Mane Wells had federally-protected nghts under the Due Process Clause of the
2 Fourteenth Amendment to the Umted States ConstJtutlOn to remam m a public place of her chOice and the
nght to move from one place to another, m order to shop and VISit commercial busmesses m downtown
3
Seattle.
4
7.4 The acts and OITllSSlOnS of defendants herem proximately caused the depnvatJon of plamtJffs'
5
Fourteenth Amendment nghts.
6
7.5 As a proximate result of the acts and omissions of defendants and depnvatlOn of their
7
Fourteenth Amendment nghts, plamtJffs JasITllne Mane Wells and Bnan Walton suffered personal mJunes as
8 set forth herem above

9

VIII. FOURTH CAUSE OF ACTION:

10

VIOLATION OF THE FOURTEENTH AMENDMENT

RIGHT TO PERSONAL SECURITY
11
8.1 PlamtJffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatJon

12 of paragraphs 4.1 through 4 12

13
82 14 or usage

The acts and OITllSSlOnS of defendants herem were performed under color of state law, custom

15

8.3 JasITllne Mane Wells and Bnan Walton had a federally-protected nght, under the Fourteenth

16 Amendment to the Umted States ConstJtutJon, to personal secunty

17

8 4 The acts and OITllSSlOnS of defendants herem proximately caused the depnvatJon of plamtJffs'

18 Fourteenth Amendment nghts.

19

8.5 As a proximate result of the acts and omiSSIOns of defendants and depnvatlOn of their

20 Fourteenth Amendment nghts, plamtJffs JasITllne Mane Wells and Bnan Walton suffered personal mJunes as

21 set forth herem above

22

IX. FIFTH CAUSE OF ACTION:

23

MUNICIPAL LIABILITY OF THE CITY OF SEATTLE

9 1 PlamtJffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatJon

24 of paragraphs 4.1 through 4 12

25
9 2 At all times matenal to thiS compliant, defendant City of Seattle, by and through ItS 26 pohcymakmg offiCials had m effect certam expliCit and de facto poliCies, practices and customs which were

COMPLAINT FOR DAMAGES - 6

P.e. THEODORE SPEARMAN, Solarmanne BU1ldmg, SUlte 208 755 Wmslow Way East Bambndge Island, WasJungton 98110 206-842-0566

• •

applied to the treatment of civilians m downtown Seattle dunng the WTO anmversary meetmgs, mcludmg

2 the arrest and detentIOn of mnocent cIvilians at Westlake Plaza area such as plamtlffs Jasrrune Mane Wells
and Bnan Walton
3

4

93 For purposes of the mCldent descnbed herem, It was the policy, custom and practice of the

Clly of Seattle to arrest and detam the plamtlffs Without probable cause m VIOlatIOn of their Fourth and
5
Fourteenth Amendment nghts as set forth herem above

6
9.4 It was further the policy of the City of Seattle, by and through policymakmg offiCials to
7
approve, acqUiesce, condone and ratify the unreasonable seizure and detention of the plamtlffs m the mCldent

8 descnbed herem above, m VIOlation of their Fourth and Fourteenth Amendment nghts.

9

95 For purposes of liability for srud poliCies, praCtices and/or customs, Gil KerHkowske was the

10 authonzed policy-maker on police matters, and hiS deCISIons, expliCit and de facto, were and are bmdmg on

II defendant City of Seattle.

12

96 The policy, practice and custom of approvmg, acqUlescmg m, condonmg and/or ratlfymg the

13 unreasonable seizure and detentIOn of the plruntlffs m the mCldent descnbed herem, m VIOlation of their

Fourth and Fourteenth Amendment nghts, was a deliberate chOice by defendant City of Seattle, by and 14 through Its chief of police and/or others

15
9 7 These poliCies, practices and customs were mamtamed With deliberate, reckless and/or 16 callous mwfference to the constitutIOnal nghts of the piruntiffs as set forth herem above.

17
9 8 The above-descnbed poliCies, practices and customs of defendant City of Seattle proXimately 18 caused the depnvatlOn of the Fourth and Fourteenth Amendment nghts of the plruntlffs

19
9 9 As a proximate result of the above-descnbed poliCies, practices and customs of defendant 20 City of Seattle, and as a result of the depnvatlon of plamtlffs' Fourth and Fourteenth Amendment nghts,

21 plamtiffs suffered personal mJunes as set forth herem above.

22

9.10 At all times matenal herem, defendant City of Seattle had a duty, under the Umted States

23 Constitution, to properly supervise Seattle police officers.

24

9.11 At all times matenal herem, defendants City of Seattle had a duty, under the Fourth

25 Amendment to the Umted States ConStitutIOn, to tram Seattle police officers not to arrest and detam

26 mdlVlduals Without probable cause

COMPLAINT FOR DAMAGES - 7

THEODORE SPEARMAN, P.C.
Solannanne Butldmg SUlte 208 755 Wmslow Way East
Bambndge Island, WashlOgton 98110 206-842-0566

• •

9 12 Defendants failed to properly supervIse defendants John Doe and RIchard Roe
2 9.13 Defendants failed to properly tram defendants John Doe and RIchard Roe
3
9 14 The above-descnbed faIlures to supervIse and to tram were malntamed wIth dehberate,
4
reckless and/or callous mdlfference to the constitutIOnal nghts of plaintiffs as set forth herem above
5
915 The above-descnbed failures by defendants to properly supervIse and to properly train John
6
Doe and RIchard Roe proximately caused the depnvatlOn of the constttuttonal nghts of plamttffs as set forth 7 herem above
8
9 16 As a proxImate result of the fatlure of defendants to properly supervIse and tram, and as a 9 result of the depnvatlon of plaintiffs' constItutIOnal nghts, plamtlffs suffered personal mJunes as set forth 10 herem above.

11

X. SIXTH CAUSE OF ACTION:

12

ASSAULT AND BATTERY

10 1 Plaintiffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIOn
13
of paragraphs 4 1 through 4 12

14
10.2 Defendants assaulted and battered plaintiffs Jasmme Mane Wells and Bnan Walton
15

16

10 3 Defendant CIty of Seattle IS hable for the actIOns of the mdlvldual defendants under the

doctnne of respondeat supenor.

17

18

10 4 As a dIrect, proxImate and foreseeable result of wrongful actions descnbed herem above,

plamtlffs have been damaged m an alllount m excess of the mimmum junsdtctIon of tills Court

19

20

XI. SEVENTH CAUSE OF ACTION:

FALSE ARRESTIFALSE IMPRISONMENT

21

11.1 Plamtlffs hereby mcorporate and re-a1lege as If fully set forth herem each and every allegatIOn

22 of paragraphs 4 1 through 4.12

23

11 2 Defendants arrested and Impnsoned plaintIffs Jasrmne Mane Wells and Bnan Walton WIthout

24 probable cause

25

11.3 Defendant CIty of Seattle IS hable for the actIOns of the mdtvldual defendants under the

26 doctnne of respondeat superior.

COMPLAINT FOR DAMAGES - 8

THEODORE SPEARMAN, P.C.
Solanrumne BUildmg, SUite 208 755 Wmsiow Way East
Bamhndge Island, Washmgton 98110 206-842-0566

• •
11.4 As a direct, proximate and foreseeable result of wrongful actIOns descnbed herem above, 2 plamllffs have been damaged m an amount m excess of the 1TI1mmurn junsructlOn of thiS Court.

3
XII. SEVENTH CAUSE OF ACTION:

4

MALICIOUS PROSECUTION

12 1 Plamllffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIOn
5
of paragraphs 4 1 through 4 12.

6
122 Defendants malicIOusly charged plamtlffs Jasmme Mane Wells and Bnan Walton with
7
cnmmal offenses Without probable cause.

8
12 3 Defendant City of Seattle IS liable for the actIOns of the mruvldual defendants under the 9 doctnne of respondeat superIOr

10
124 As a direct, proximate and foreseeable result of wrongful actIOns descnbed herem above, 11 plamllffs have been damaged m an amount m excess of the 1TI1mmum junsrucllon of this Court

12

13

XIII. PUNITIVE DAMAGES ALLEGATIONS

13 1 Plambffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIOn

14 of paragraphs 4 1 through 4.12.

15
13 2 The acts and omiSSIOns of defendants herem were mollvated by wrongful motives or mtent, 16 or mvolved reckless or callous mdlfference to the constllutlOnal nghts of the plamllffs as set forth herem

17 above

18

13 3 Defendant City of Seattle should mdemmfy the mdlvldual defendants for any damages

19 awarded agamst them at the tnal of thiS actIOn, mcIurung pumbve damages

20

13 4 Defendant City of Seattle IS responSible for the fault of the mdlVldual defendants because the

21 mruvldual defendants were actmg as agents or servants of the City. Defendant City of Seattle IS liable for all

22 damages awarded agamst the mruvldual defendants, mcludmg pumllve damages. RCW 422 070(1)(a)

23

13 5 Because Jas1TI1ne Mane Wells and Bnan Walton are fault-free plambffs, defendant City of

24 Seattle IS jomtly and severally liable for all damages awarded, mcludmg pumtlve damages. RCW

4.22.070(l)(b)
25

26 / /

COMPLAINT FOR DAMAGES - 9

THEODORE SPEARMAN, P.C.
Solarmarme BUildmg, SUite 208
755 Wmslow Way East Bambndge Island, Waslungton 98110
206-842-0566

• •

XIV. PRAYER FOR RELIEF

2

WHEREFORE, plamtlffs pray for relief as follows.

14.1 Compensatory Damages: The defendants should be reqUired to pay compensatory

3
damages m an amount to be proven at tnal

4
142 Punitive Damages: The defendants should be requlfed to pay pumtIve damages m an 5 amount to be proven at tnal pursuant to TItle 42, Umted States Code, §1983; TItle 42, Umted States Code,

6 §1988, RCW 4 22.070(1)(a), and RCW 4 22.070(1)(b)

7

143 Attorney's Fees: The defendants should be reqUired to pay the plamtIffs' reasonable

8 attorney's fees and costs pursuant to TItle 42, Umted States Code, §1988

9

14.4 Other Relief: The Court should grant the plamtIffs such other and further relIef as the

10 Court deems Just and eqUItable

11

12

JURY DEMAND

Plamtlffs demand tnal by a Jury of twelve (12) m thIS matter

13

14

DATED tlns 12th day of March, 2002.

15

16

THEODORESPEARMAN,PC

17

18

BY·~-:::-l~~~W~~~---

19

Theodor pearman,..:®JIl.

Attorney for Plamuffs

20

21
22

23
24

25
26

COMPLAINT FOR DAMAGES - 10

THEODORE SPEARMAN, P.C.
Solarmanne BUlldmg, SUite 208 755 Wmslow Way East
Bambndge Island, Washmgton 98110
206·842-0566

 
 • •

1

2

3

4

11111111111 I" 11111111"111 " III "III II III "III " II 1II1

5

11111111111111111 "III " 11111111111

CV 02-00601 #00000004

6

7

\
_ _ ALED

ENTERED

_ _ LODGED RECEIVED

APR 11 2002 KN

AT SEATTLE

CLERK US OI$TRICT COURT

MSlERN CIITRICT OF WMHINGTON

BY

Dll'UlY

8

9

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF SEATTLE

10

AT SEATTLE

11
~12
-VJ13
l1~ 14 15

JASMINE MARIE WELLS, on behalf of herself and the class of women pnsoners of the King County Department of Adult Detention, who she represents, and BRIAN WALTON,
Plaintiffs, v

16 THE CITY OF SEATTLE, a muruclpal corporation,
17 JOHN DOE, In hiS capacity as a police officer for the City of Seattle,
18 and as an mdivldual; RICHARD ROE, m hiS capacity as a
19 police officer for the City of Seattle, and as an mdivldual;
20 KING COUNTY, a muruclpal corporatIOn, STEVE THOMPSON, DIreCtor of the
21 King County Department of Adult and Juverule Detention, m his offiCial and
22 mdiVidual capaCIties, and JIM ALLEN, Training Manager for the
23 King County Department of Adult and Juvemle Detention, In his offiCial and
24 IndlVldual capacities.

ORIGINAL
No CV020601P FIRST AMENDED COMPLAINT FOR DAMAGES JURy DEMANDED

25

Defendants

26

FIRST AMENDED COMPLAINT FOR DAMAGES - 1

p.e. THEODORE SPEARMAN,
Solarmanne Buddmg, SUite 208
755 Wmslow Way East Bwnbndge Island, Washmgton 98110
206-842-0566

• •

1

I. INTRODUCTION

2

This IS a ClVll actIOn seekmg damages agamst the above-named defendants. The clVll clrums agrunst

the City of Seattle and ItS employees and agents mclude common law tort causes of actIOn, statutory causes
3
of action, and offenses committed under color of law resulting In a depnvatlOn of nghts secured by the

4 Constitution and laws of the Umted States of Amenca

5
The CIVil nghts clrum agamst Kmg County IS based on an unreasonable and unlawful stnp search, m 6 VIOlatIOn of thiS Court's pennanent mjunctlOn m Grew v. King County (U.S Dlstnct Court W D Wash 7 #C-83-157-V) and m VIOlatIOn of the Fourth and Fourteenth Amendments to the U S ConstitutIOn

8
II. JURISDICTION AND VENUE
9
2 1 Jurisdiction. This Court has personal and subject matter junsdlctlon over plamtlff's federal
10 clVll nghts claims under Title 42, Umted States Code, §1983, and Title 28, Umted States Code, §§1331 and
11 1343(a)(3)

12

2 2. Supplemental Jurisdiction. Tins court has pendent junsdictlon over plamtlff's state law

13 clrums and over defendants as to srud clrums, pursuant to Title 28, Umted States Code, §1367 (Judicial
Improvements Act of 1990), Public Law No. 101-650, 104 Stat. 5089 (1990).
14

15

2.3 Venue ThiS laWSUit and all claims herem mvolve events which occurred m Kmg County,

Washmgton All defendants to thiS actIOn are situated m Kmg County, Washmgton and/or reSide or are

16 employed therem Venue IS properly wlthm the Western Dlstnct of Washmgton at Seattle 28 USC §

17 1391(b) See also 28 USC § 128(b).

18

19

III. PARTIES

20

3.1 Plaintiffs. Plamtlffs Jasmme Mane Wells and Bnan Walton are cItizens of the Umted

21 States and cItizens and residents of the state of Alaska.

22

3 2 Defendant City of Seattle. Defendant City of Seattle IS a mumclpal corporation

23 orgamzed under the laws of the State of Washmgton. Defendant City of Seattle IS sued directly under 42 U S.C. §1983 for the unconstitutional act, poliCies and practices and under the doctnne of respondeat
24 supenor as to the state law causes of action.

25 Defendant City of Seattle mcludes, as one of Its agencies, the Seattle Police Department
26

FIRST AMENDED COMPLAINT FOR DAMAGES • 2

p.e. THEODORE SPEARMAN,
Solannarme Buddmg, SUIte 208
755 Wmslow Way East Bambndge Island, Washmgton 98110
206-842-0566

• •

1

3.3 Defendants Doe and Roe. At all times materIal to this complamt, polIce officer

2 defendants John Doe and RIchard Roe, whose Identities are not known, were employed by defendant City of
Seattle with other unknown officers. At all times materIal to thiS complamt, defendants John Doe and
3
Richard Roe were agents and employees of defendant City of Seattle and were actmg wlthm the scope of

4 their employment with the City of Seattle, under color of the laws of the State of Washmgton. Defendants

5 John Doe and Richard Roe are sued m their mdtvldual capacity and official capacity as agents andlor
employees of defendant City of Seattle.
6

7

3.4 Defendant King County. Kmg County IS a mumclpal corporation known as Kmg

8 County and as Metro Kmg County, orgamzed under the laws of the State of Washmgton

9

3.5 Defendant Steve Thompson Steve Thompson IS employed by defendant Kmg County

10 as the Director of the Kmg County Department of Adult and Juvemle Detention HIS Job responSibilities

11 mclude overall management of all correctional programs of Kmg County, and Defendant Thompson has the ultimate responsibility for IdentIfymg and Implementmg trammg programs for Kmg County CorrectIOnal
12 officers, With respect to the lawful and constitutIOnal perfonnance of their custodial dutIes He IS sued m hiS

13 mdlVlduai and offiCial capacities.

14

36 Defendant Jim Allen. Jim Allen IS employed by defendant Kmg County HIS Job

15 responSibilities mclude pnmary responSibility for Identlfymg and Implementmg trammg programs for Kmg

16 County CorrectIOnal officers. He IS sued 10 hIs mdlvldual and offiCial capacIties.

17

IV. FACTUAL ALLEGATIONS
18
4.1 PlamtIffs on November 27, 2000 flew to Seattle to engage m Chnstmas shoppmg and other 19 reasons unrelated to the World Trade OrgamzatlOn (WTO) conference anmversary demonstrations Pnor to,

20 and at the time of their arnval m Seattle, plamtlffs were unaware the WTO anmversary demonstratIOns were

21 occumng. PlamtIffs stayed 10 a motel away from downtown Seattle and did not come mto the downtown area untIl the afternoon of November 30, 2000.
22

23

42 On November 30, 2000 plamtIffs traveled by pubhc transportatIOn through the bus tunnel to

the Westlake Mall at approximately 4.30 m the afternoon. They went mto the Westlake Mall and shopped for

24 several hours, never ventunng outSide until later that evemng, when they eXited the Mall to go across Fifth

25 Avenue to Nordstrom's department store to shop. After shoppmg at Nordstrom's, they returned to the

26 Westlake Mall untIl the Mall closed at 9:00 p m

FIRST AMENDED COMPLAINT FOR DAMAGES - 3

THEODORE SPEARMAN, P.C.
Solannanne Bmldmg, SUtte 208 755 Wmslow Way East
Bambndge Island, Washmgton 98110 206-842-0566

• •

1

43 At that time upon eXltmg the Mall, they saw what appeared to be a parade and lots of people

2 In the street. They thought It was festive and walked to a coffee shop nearby and had coffee watching what
was occumng on the street At approximately 9:30 p m. they left the coffee shop Upon eXiting the
3
commercial establishment, they saw large numbers of police officers north of them on Fourth Avenue, to the

4 east of where they had exited and to the south As they walked on Fourth Avenue, they realized that large

5 numbers of police officers were getting off of buses and began slammmg their batons Into their body armor

6

4.4 All of the police officers were closmg In on the people caught In the middle and no one was

7 allowed to eXit the corralling that was occumng, although police were now, on loud speakers, telling the
people to disperse, while they were making It Impossible for the people to disperse
8

9

45 On November 30, 2000, defendant City sent officers of the Seattle Police Department,

dressed In not gear, to the Westlake Plaza area of Seattle The officers were directed to arrest CIVilians In the

10 Westlake Plaza area and did so Without regard to whether they were demonstrators or Innocent people.

11
46 As plamtlff Jasmine Marie Wells was walking on Fourth Avenue to find a musIc club, 12 defendant John Doe seized and handcuffed her and took her Into custody Plaintiff Bnan Walton was

13 arrested and handcuffed by defendant RIchard Roe, who took him Into custody at the same time.

14

4.7 Plamtlffs were transported to the Kmg County Jail and Impnsoned there Plaintiffs were

15 released from the Jrul the next day only after they were able to post a bond.

16

4.8 Although lackmg probable cause, the defendants charged plaintiffs With the cnmmal offenses

17 of Pedestnan Interference In VIOlatIOn of RCW 12A.12 015 and Failure to Disperse In VIOlatIOn of RCW

12A.12.020. These charges remained In force JeopardlZlng plaintiffs' freedom until they were resolved In
18
plaintiffs' favor on February 27, 2001
19

20

4 9 Defendant City of Seattle fruled to properly supervise defendants John Doe and Richard Roe

21

4.10 Defendant City of Seattle failed to train defendants John Doe and RIchard Roe not to arrest

22 and detrun indiViduals without probable cause.

23

4 11 Unlawful Strip Search at King County's Department of Corrections in

Seattle FollOWing plaintiff Well's arrest, she was transported by Seattle Police to the Kmg County
24
Department of Corrections In Seattle She was booked for Pedestnan Interference and Failure to Disperse,
25 non-VIOlent misdemeanor offenses which Involve neither weapons nor drugs and Kmg County's agents In

26 no way documented any SuspICIOn that she was in possessIOn of such Items or any other contraband.

Towards the conclUSIOn of the booking process, she was directed to remove all of her clothes and

FIRST AMENDED COMPLAINT FOR DAMAGES • 4

THEODORE SPEARMAN, P.C. Solarmarme BUildmg, SUlte 208 755 Wmslow Way East
Bambndge Island, Washmgton 98110 206-842-0566

• •

underclothes and to move her legs apart so female correctIOnal offIcers could observe her before 2 plalntJff was permitted to put on Jrullssued clothmg At such tJme, the outer female gemtalla and bare breasts
were vIsIble ThIS was an unlawful "stnp search" In VIOlatIOn of the Fourth and "Fourteenth Amendments to
3
the U.S ConstItution and m VIOlatIOn of the Stipulated Permanent InjUnctIOn m Grew v. King County, 4 #C83-157-V ThIs search was conducted wIthout any mdlvlduallzed SuspIcIOn, wIthout documentatJon of 5 the reasons for such a search, but m conformity wIth the pattern and practJce of King County

6

4.12 Failure to Train. King County has fruled to trrun ItS correctIonal staff at the King County

7 Ja1l m Seattle on the constitutional hrmts related to stnp searches and the mJunctIOn In Grew Defendants
Thompson and Allen, as the offiCIals charged with pnmary authonty for trammg correctIOns officers, knew 8 or should have known of the clearly established law whIch hmlts stnp searches, as well as the Sllpulated

9 Permanent Injunction agrunst Kmg County wlu.ch IS consIstent WIth clearly estabhshed law Defendant Kmg

10 County's and Thompson's and Allen's frulure to trrun correcllonal staff and frulure to contmue to Implement
the stJpulated mjunctlon was done wIth dehberate indifference to, and callous disregard of, the nghts of 11 female arrestees

12
4 13 As a result of the acts and ormSSIOns of defendants, plrunllff Jasmme Mane Wells suffered 13 personal mJunes mcludlng, but not IlIruted to, loss of hberty, prun and suffenng, emotIOnal distress, fear and

14 other consequentJaI damages

15

4.14 As a result of the acts and ormSSIOns of defendants, plruntJff Bnan Walton suffered personal

16 mJunes mcludmg, but not hrmted to, loss of hberty, emotIOnal dIstress, fear and other consequential

17 damages.

18

4.15 Plaintiffs hereby waIve the physiclan's-patlent priv1Iege ONLY to the extent reqUIred by

19 RCW 5.60.060, as hrmted by the plamtiffs' constitutIOnal nghts of pnvacy, contractual nghts of pnvacy, and the etlu.cal obhgatlOns of phYSICIans and attorneys not to engage in ex-parte contact between the treatmg
20 phYSICIans and the patients' legal adversanes.

21
4.16 Regarding theIr state law c1rums agrunst the CIty of Seattle, plrunllffs have comphed wIth the 22 apphcable non-c1rum reqUIrements of RCW 4.96 020.

23

24

25

v. CLASS ACTION ALLEGATIONS

5 1 Class Action PlalntJff Wells also bnngs thIS case as a class actIOn agrunst Kmg County on

26 behalf of the class defined as follows

FIRST AMENDED COMPLAlNT RJR DAMAGES - 5

p.e. THEODORE SPEARMAN,
Soiarmanne BUlldmg, SUite 208
755 Wmslow Way East
Bamhndge Island, WashlOgton 98110 206·842 0566

• •

1

All female pnsoners booked at the KIng County Jrul and stnp searched

without Individualized SuspICIOn and documentatIOn, and who were not

2

arrested for VIOlent cnmes, I e. cnmes that do meet the defmltlon of RCW

9.94A 030(44) [prevIOusly RCW 9.94A.030(l6)l, or any of the followmg

3

cnmes any offense Involvmg burglary, the use of a deadly weapon, or a

felony drug or controlled substance offense.

4

5

52 Rule 23 Requirements Are Met. ThiS class may properly be mamtruned as a class

actIOn pursuant to ERCIv P 23(b)(3). This actIOn also satisfies the reqwrements of numerosity, tYPicality,

6 adequacy commonalty, predommance and supenonty reqUirements of Rule 23. The class IS so numerous

7 that mdIvldual Jomder of all members IS Impracticable The exact number of class members IS unknown at

8 present and can only be detenmned through dIscovery, but IS estimated at 2000 class members per year.

9

5.3 Common Questions. Common questions of fact and law prevail and predommate over

10 questions as to mdlvldual class members. The common factual and legal questIOns do not vary from class member to class member and may be detenmned without reference to indiVidual class members The
11 common questIOns mclude the follOWing

12

A Whether KIng County has a custom or practice of "stnp searching" females who

13

meet the class defimtlOn, In VIOlation of the Stipulated Permanent InjunctIOn In Grew

14

and In VIolation of the Fourth and Fourteenth Amendtnents?

15

B. Whether King County has fruled to trrun correCtlonal staff With respect to clearly

16

established law related to "stnp searches" of non-VIOlent pnsoners where there IS no

17

adequate reason to believe that the Individual possesses or conceals drugs or

weapons, whether due to the nature and seventy of the offense leadIng to the arrest

18

of other mdIvlduallzed SuspICIOn?

19
C Whether KIng County has routinely subjected women to "stnp searches" as defmed

20

In the Stipulated Permanent InjunctIOn In Grew v. Kmg County, WIthout regard to

21

the nature of the alleged offense at bookIng?

22

D. Whether KIng County has "stnp searched" non-VIOlent arrestees, not suspected of

23

haVIng drugs or weapons on their persons, I e. Without IndIVidualIzed SuspICIOn?

24

E. Whether KIng County has fruled to document the reasons or Justifications for "stnp

25

searches" m VIolation of Grew?

26

FIRST AMENDED COMPLAINT FOR DAMAGFS • 6

THEODORE SPEARMAN, P.C,
Solarmanne BUlldmg, SUite 208 755 Wmslow Way East
Bamhndge Island, Washmgton 98110 206+842 0566

• •

1

F Whether Kmg County has falled to tram Its correctIOnal staff With respect to the

2

reqwrements of the Snpulated Permanent InJuncnon 10 Grew?

3

54 Typicality. Plamnff's claims are tYPiCal of those sllrularly situated arrestees booked at the

4 Kmg County Jail.

5

5.5 Adequacy. Plamnff and her counsel will fairly and adequately protect the members of the

6 class. Plamtlff's counsel has expenence m the prosecutIOn of class actIOns on behalf of Jail mmates This

case will be vigorously prosecuted.
7

8

5 6 Superiority. A class actIOn IS a supenor method for the fair and Just adjudicatIOn of thiS

controversy Given the relatively small amount of damages that would hkely be awarded to mdlV!dual

9 plalnnffs, and the difficult of hngatlOn agamst governmental defendants, It IS Impracncal for snrularly

10 situated plalnnffs to pursue separate laWSUits. Indivlduahzed hngatlOn presents nsk of varymg, mconslstent

11 or contradicnng Judgments, mcreases expense and delay, and Imposes burdens on the courts ThiS case IS readily manageable as a class acnon
12

13

VI. FIRST CAUSE OF ACTION:

14

VIOLATION OF THE FOURTH AMENDMENT

PROHIBITION AGAINST UNREASONABLE SEARCHES AND SEIZURES

15

6.1 Plalnnffs hereby mcorporate and re-allege as if fully set forth herem each and every allegatIOn

16 of paragraphs 4 1 through 4 14

17

6.2

18 or usage.

The acts and OlTIlSSlOnS of defendants herem were performed under color of state law, custom

19

6.3 JaslTIlne Mane Wells and Bnan Walton were seized, for purposes of the Fourth Amendment

20 to the Umted States Consntunon, by the acts and OlTIlSSlOnS of defendants set forth herem.

21

6.4 JaslTIlne Marie Wells and Bnan Walton had a federally-protected nght, under the Fourth

22 Amendment, not to be subjected to an unreasonable search and seizure.

23

6.5 The acts and OlTIlSSlOnS of defendants herem proxunately caused the depnvatlOn of the Fourth

24 Amendment nghts of JaslTIlne Mane Wells and Brian Walton.

25

6.6 As a proximate result of the acts and OlTIlSSIOnS of defendants and depnvanon of plaintiff's

26 Fourth Amendment nghts, plaintiffs suffered personal mJunes as set forth herem above

FIRST AMENDEDCOMPLAlNT FOR DAMAGES· 7

p.e. THEODORE SPEARMAN,
Solarmanne Bwldmg. Sulle 208
755 Winslow Way East
Bambndge Island, Washmgton 98110
206-842-0566

• •

VII. SECOND CAUSE OF ACTION:

ARREST WITHOUT PROBABLE CAUSE

2

IN VIOLATION OF THE FORTH AMENDMENT

3

7 1 Plamtlffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIOn

of paragraphs 4 1 through 4.14.
4

5

7.2

or usage.

6

The acts and onusslons of defendants herem were perfonned under color of state law, custom

7

7.3 Jasnune Mane Wells and BrIan Walton were arrested, for purposes of the Fourth

Amendment, when they were seIzed, handcuffed and taken into custody.

8

9

74 Jasmme Mane Wells and BrIan Walton had a federally-protected rIght, under the Fourth

Amendment, not to be arrested by defendants wIthout probable cause.

10

11

75 The defendants lacked probable cause to arrest Jasnune Mane Wells and Bnan Walton

12

7 6 The acts and omIssIons of defendants herem, and each of them, proxImately caused the

13 depnvatIon of Jasnune Mane Wells and BrIan Walton's Fourth Amendment nghts

14

7.7 As a proxImate result of the acts and onusslons of defendants and deprivatIOn of her Fourth

15 Amendment nghts, plamtIffs Jasmme Mane Wells and Bnan Walton suffered personal mJunes as set forth herem above
16

17

VIII. THIRD CAUSE OF ACTION:

VIOLATION OF THE FOURTEENTH AMENDMENT

18

DUE PROCESS CLAUSE

8 I PlamlIffs hereby incorporate and re-allege as If fully set forth herem each and every allegation
19
of paragraphs 4.1 through 4.14
20

82
21
or usage
22

The acts and onusslOns of defendants herem were perfonned under color of state law, custom

8.3 Jasmme Mane Wells had federally-protected nghts under the Due Process Clause of the
23
Fourteenth Amendment to the Umted States ConstItutIOn to remam m a publIc place of her choice and the
24 nght to move from one place to another, m order to shop and VISIt commercIal busmesses m downtown

25 Seattle and to be free of VIolatIOns of thIS Court's orders restnct the nature and Clfcumstances of stnp

searches at the Kmg County JaIl 26

FIRST AMENDED COMPlAINT FOR DAMAGES - 8

p.e. THEODORE SPEARMAN,
Solarmanne BuIidmg. SUIte 208
755 Wmslow Way East Bambndge Island, Waslungton 98110
206-842-0566

• •

8 4 The acts and OIlliSSlOns of defendants herem proximately caused the depnvatlOn of plamtlffs' 2 Fourteenth Amendment nghts.

3

8.5 As a proximate result of the acts and OIlliSSlOns of defendants and depnvatlOn of their

4 Fourteenth Amendment rights, plamtlffs Jasllline Mane Wells and Bnan Walton suffered personal mJunes as

set forth herem above
5

6

IX. FOURTH CAUSE OF ACTION:

VIOLATION OF THE FOURTEENTH AMENDMENT

7

RIGHT TO PERSONAL SECURITY

8

9 1 Plamtlffs hereby mcorporate and re-allege as If fully set forth herem each and every allegation

of paragraphs 4.1 through 4.14.

9

10

9.2

or usage.

11

The acts and OIlliSSlOns of defendants herem were performed under color of state law, custom

12

93 Jasllline Mane Wells and Bnan Walton had a federally-protected nght, under the Fourteenth

Amendment to the Uruted States ConStitution, to personal secunty.

13

14

9 A The acts and OIlliSSlOns of defendants herein proxlfnately caused the depnvatlon of plamtlffs'

Fourteenth Amendment nghts

15

16

9 5 As a proximate result of the acts and OIlliSSlOns of defendants and depnvatlOn of their

Fourteenth Amendment nghts, plamtlffs Jasllline Mane Wells and Bnan Walton suffered personal mJunes as

17 set forth herem above

18

19

X. FIFTH CAUSE OF ACTION: MUNICIPAL LIABILITY OF THE CITY OF SEATTLE

20

10.1 Plamtlffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIOn

21 of paragraphs 4.1 through 4.14.

22

10.2 At all times matenal to thiS compliant, defendant City of Seattle, by and through Its

23 policymaking offiCials had in effect certam explicit and de facto poliCIes, practices and customs winch were apphed to the treatment of CIVilians m downtown Seattle dunng the WTO anruversary meetmgs, mcludmg
24 the arrest and detentIOn of mnocent Civilians at Westlake Plaza area such as plamtlffs Jasllline Mane Wells

25 and Bnan Walton.

26

FIRST AMENDED COMPLAINT FOR DAMAGES· 9

THEODORE SPEARMAN, P.Co
Solarmanne Bmldmg, SUite 208 755 Wmslow Way East
8ru.nhndge Island, Washmgton 98110 206-842-0566

• •

1

10.3 For purposes of the mCldent descnbed herem, It was the pohcy, custom and practice of the

2 City of Seattle to arrest and detam the plamtlffs Without probable cause m VIOlatIOn of their Fourth and
Fourteenth Amendment nghts as set forth herem above.
3

4

104 It was further the policy of the City of Seattle, by and through policymakmg offiCialS to

approve, acqUiesce, condone and ratify the unreasonable seizure and detentIOn of the plamtlffs m the mCldent 5 descnbed herem above, m violation of their Fourth and Fourteenth Amendment nghts

6
10.5 For purposes of liability for srud poliCies, practices andlor customs, Gil Kerlikowske was the 7 authonzed policy-maker on police matters, and his deCISions, explicit and de facto, were and are bmdmg on

8 defendant City of Seattle.

9

10 6 The policy, practice and custom of approvmg, acquiescmg m, condonmg andlor ratlfymg the

10 unreasonable seizure and detentIOn of the plaintiffs 10 the mCldent descnbed herem, m VIOlatIOn of their

11 Fourth and Fourteenth Amendment nghts, was a deliberate chOice by defendant City of Seattle, by and through Its chief of police andlor others.
12

I3

10.7 These policies, practices and customs were mruntamed with deliberate, reckless andlor

callous mwfference to the constitutIOnal nghts of the plruntlffs as set forth herem above

14

15

10.8 The above-descnbed poliCies, practices and customs of defendant City of Seattle proximately

caused the depnvatlon of the Fourth and Fourteenth Amendment nghts of the piruntiffs

16

17

10.9 As a proximate result of the above-descnbed poliCies, practices and customs of defendant

City of Seattle, and as a result of the depnvatlon of plruntlffs' Fourth and Fourteenth Amendment nghts,

18 plruntlffs suffered personal mJunes as set forth herem above

19
10.10 At all times matenal herem, defendant City of Seattle had a duty, under the Umted States 20 ConStitution, to properly SUpervise Seattle police officers.

21
10.11 At all times matenal herem, defendants City of Seattle had a duty, under the Fourth
22 Amendment to the Umted States ConStitutIOn, to tram Seattle police officers not to arrest and detrun

23 mwviduals without probable cause

24

10.12 Defendants fruled to properly supervise defendants John Doe and RIchard Roe.

25 10.13 Defendants fruled to properly trrun defendants John Doe and Richard Roe
26

FIRST AMENDED COMPLAINT FOR DAMAGES - 10

p.e. THEODORE SPEARMAN,
Solarmanne Buudmg, SUlte 208
755 Wmslow Way East Bambndge Island, Washmgton 98110
206-842-0566

• •

1

10 14 The above-descnbed faIlures to supervIse and to tram were mamtamed wIth deltberate,

2 reckless and/or callous mdlfference to the constitutional nghts of plamtlffs as set forth herem above

3

10.15 The above-descnbed frulures by defendants to properly supervIse and to properly trrun John

4 Doe and RIchard Roe proxImately caused the depnvatlon of the constitutional nghts of plruntlffs as set forth

herem above.
5

6

10 16 As a proxImate result of the frulure of defendants to properly supervIse and trrun, and as a

result of the depnvatlOn of plruntlffs' constItutIOnal nghts, plruntlffs suffered personal mjunes as set forth

7 herem above.

8

9

XI. SIXTH CAUSE OF ACTION: ASSAULT AND BATTERY

10

11 I Plruntlffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIOn

11 of paragraphs 4 1 through 4 14

12

11.2 Defendants assaulted and battered plruntlffs Jasmme Marie Wells and Bnan Walton.

13

11.3 Defendant City of Seattle IS hable for the actions of the mdlvldual defendants under the

14 doctnne of respondeat superior.

15

11 4 As a dIrect, proXImate and foreseeable result of wrongful actions descnbed herem above,

16 plruntlffs have been damaged m an amount m excess of the rrurumumjunsdlctlon of thts Court

17

XII. SEVENTH CAUSE OF ACTION:

18

FALSE ARRESTIFALSE IMPRISONMENT

12 1 Plaintiffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIOn
19
of paragraphs 41 through 4.14.
20

12.2 Defendants arrested and Impnsoned plruntlffs Jasrrune Mane Wells and Bnan Walton WIthout
21
probable cause.
22

23

12 3 Defendant City of Seattle IS hable for the actIons of the mdlvldual defendants under the

doctnne of respondeat superior.

24

25

12 4 As a dIrect, proXImate and foreseeable result of wrongful actIOns descnbed herem above,

plruntlffs have been damaged m an amount m excess of the rrurumum junsdlctlon of thts Court.

26

FIRST AMENDED COMPLAINT FOR DAMAGES - 11

THEODORE SPEARMAN, P.C.
Solannanne BUlldmg, SUite 208 755 Wmslow Way East
Brunbnd,ge Island, Washmgton 98110 206-842-0566

• •

1

XIII. SEVENTH CAUSE OF ACTION:

MALICIOUS PROSECUTION

2 13.1 Plamttffs hereby mcorporate and re-a1lege as If fully set forth herem each and every a1legatton

3 of paragraphs 4 1 through 4.14.

4

13.2 Defendants malIcIOusly charged plaIntIffs JasmIne MarIe Wells and Bnan Walton wIth

5 cnmmal offenses WIthout probable cause.

6

13 3 Defendant CIty of Seattle IS lIable for the actIOns of the IndIvIdual defendants under the

7 doctnne of respondeat superior.

8

13 4 As a dIrect, proxImate and foreseeable result of wrongful actIOns descnbed hereIn above,

9 plaintIffs have been damaged In an amount In excess of the ITIlmmum JunsdJctIon of tins Court

10

11

XIV. EIGHTH CAUSE OF ACTION:

MUNICIPAL LIABILITY OF KING COUNTY, THOMPSON AND ALLEN

12

14.1 PlamtIffs hereby Incorporate and re-a1lege as If fully set forth hereIn each and every allegatIon

13 of paragraphs 4 1 through 4.14.

14

14.2 Based on the factual allegations set forth In paragraphs 4 11 through 4 12 above, defendants

15 Kmg County, Thompson and Allen are lIable for vIolatIon of plamtIff's Fourth and Fourteenth Amendment

16 nghts and In VIOlatIOn of 42 USC § 1983 Defendants are further lIable for damages to the class whIch

plamtlff represents. Defendants Thompson and Allen are lIable for pumtlve damages for reckless dIsregard

17 of the nghts of plamtlff Wells and the class members she represents, and for the dIsregard of the mJunctIon

18 m Grew.

19
X V • PUNITIVE DAMAGES ALLEGATIONS

20

15.1 PlamtIffs hereby mcorporate and re-a1lege as If fully set forth herem each and every allegation

21 of paragraphs 4 1 through 4.14.

22

15.2 The acts and OITIlSSlOns of defendants herem were motivated by wrongful motIves or Intent,

23 or mvolved reckless or callous indJfference to the constitutional nghts of the plamtiffs as set forth herein

above.
24

25

15.3 Defendants CIty of Seattle and Kmg County should mdemmfy the mdJvldual defendants for

any damages awarded agamst them at the trial of thIS actIOn, mcludJng pumtIve damages.
26

FIRST AMENDED COMPLAINT FOR DAMAGES· 12

THEODORE SPEARMAN, P.C.
Solarmanne Bulldmg, SUIte 208 755 Wmslow Way East
8amhndge Island, Washmgton 98110
206-842-0566

• •

1

15.4 Defendant City of Seattle IS responsible for the fault of the IndlVldual defendants because the

2 individual defendants were acting as agents or servants of the City Defendants City of Seattle and King

County are liable for all damages awarded against the individual defendants, including pumtlve damages
3
RCW 4.22 070(1)(a).

4
155 Because Jasmine Mane Wells and Bnan Walton are fault-free plaintiffs, defendant City of
5
Seattle and King County are JOintly and severally liable for all damages awarded, including pumtive

6 damages RCW 4.22 070(1)(b)

7

XVI. PRAYER FOR RELIEF

8

WHEREFORE, plaintiffs pray for relief as follows.

9

16.1 Compensatory Damages: The defendants should be reqUired to pay compensatory

10 damages In an amount to be proven at trial

11

16 2 Punitive Damages: The defendants should be reqUired to pay pumtlve damages In an

12 amount to be proven at tnal pursuant to Title 42, Umted States Code, §1983, Title 42, Umted States Code,

§1988; RCW 4.22 070(1)(a); and RCW 4.22 070(1)(b)
13

14

16.3 Attorney's Fees: The defendants should be reqUired to pay the plaintiffs' reasonable

attorney's fees and costs pursuant to Title 42, Umted States Code, §1988

15

16

16 4 Other Relief: The Court should grant the plaintiffs such other and further relief as the

Court deems just and eqUItable

17

JURY DEMAND

18

Plaintiffs demand trial by a jury of twelve (12) In thiS matter.

19
DATED this 17th day of Apnl, 2002. 20

",,"'""'-n, P.C.

21

22

23

24

LAWORPK::E li'REiD DlAMONDSTONE

25

26

FIRST AMBNDEDCOMPLAlNT FOR DAMAGES - 13

p.e. THEODORE SPEARMAN,
Solannanne Butldmg, SUite 208
755 Wmslow Way East Bambndge island, Washmgtol1 98110
206-842-0566

 
 •

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CC TO JUDGE pm
" '0 JUDGE

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11111111 III III 11I1 III I11I1 III III 1111 III III 1111 III II 1111

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I11111111111 11111 1111 III 11111111 I1I1 1111

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CV 02-00601 1100000061

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MAIL

OCT 26 2002

f TllI

~ ClEIlK U

IS7RICT COUI!T CT OF WASHINGTOM

OEPIIIY

9

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF SEATTLE

10

AT SEATTLE

11
JASMINE MARIE WELLS, on behalf 12 of herself and the class of women pnsoners
of the King County Department of Adult 13 Detention, who she represents, and
BRIAN WALTON,
14
PlaIntiffs,
IS
V.
16
I THE CITY OF SEATTLE, a mumCIpal corporation;
I JOHN DOE, In hiS capaCity as a police offICer for the City of Seattle,
19 and as an indIVidual; RICHARD ROE, In hiS capacity as a
20 police officer for the City of Seattle, and as an indIVidual,
2 KING COUNTY, a mumclpal corporatiOn; STEVE THOMPSON, Director of the KIng County Department of Adult and Juvemle DetentIOn, m hiS offiCial and indIVidual capaC1t1es, and JIM ALLEN, Trammg Manager for the
24 Kmg County Department of Adult and Juvemle Detention, m hiS offiCial and
25 mdIvldual capaCities.

OR\G\NAL
No CV02 0601P
SECOND AMENDED COMPLAINT-CLASS ACTION FOR DAMAGES
JURY DEMANDED

26

Defendants

SECOND AMENDED COMPLAINT FOR DAMAGES - 1

THEODORE SPEARMAN, P.C.
Solarmanne Butldmg, SUIte 208
755 Wmslow Way East BambndgeIsland, WashIngton 98110
206-842-0566

•

•

•

1

2

3

I. INTRODUCTION

4

This IS a ciVil actJon seekmg damages agamst the above-named defendants. The clVll drums agrunst

the City of Seattle and Its employees and agents mclude common law tort causes of actJon, statutory causes of
5
actJon, and offenses committed under color of law resultJng m a depnvatJon of nghts secured by the

6 ConstJtutJon and laws of the Umted States of Amenca

7
The Civil nghts dum agrunst King County IS based on an unreasonable and unlawful stnp search, m 8 VIOlatIOn of tlus Court's permanent mjunctJon m Grew v. Kmg County (U.S. Dlstnct Court W.D. Wash #C9 83-157-V) and in vlOlatJon ofthe Fourth and Fourteenth Amendments to the U.S. ConstJtutJon

10
n. JURISDICTION AND VENUE
11
2 1 Jurisdiction. This Court has personal and subject matter junsdictJon over plruntJff's federal
12 clVll nghts drums under Title 42, Umted States Code, §1983, and Title 28, Umted States Code, §§1331 and
13 1343(a)(3).

14

22 Supplemental Jurisdiction This court has pendent junsdictJon over plruntJff's state law

15 clrums and over defendants as to srud clrums, pursuant to Title 28, Umted States Code, §1367 (JudiCial
Improvements Act of 1990), Public Law No. 101-650, 104 Stat. 5089 (1990)
16

17

23 Venue. This lawsuit and all drums herem involve events wruch occurred m King County,

Washington. AIl defendants to thiS actJon are Situated m Kmg County, Washmgton and/or reside or are
18
employed therem Venue IS properly wlthm the Western Dlstnct of Washmgton at Seattle. 28 USC §

19 1391(b) See also 28 USC § 128(b)

20

21

m. PARTIES

22

3 1 Plaintiffs. PlruntJffs Jasmine Mane Wells and Bnan Walton are CItizens of the Umted States

23 and citizens and residents of the state of Alaska.

24

3.2 Defendant City of Seattle. Defendant City of Seattle IS a mumclpal corporatIOn orgamzed

25 under the laws of the State of Washmgton Defendant City of Seattle IS sued directly under 42 USC §1983

for the unconstltutJonal act, poliCies and practJces and under the doctnne of respondeat superior as to the 26 state law causes of actJon.

SECOND AMENDED COMPLAINT FOR DAMAGES· 2

THEODORE SPEARMAN, P.e.
Solarmanne BUlldmg, SUite 208 755 Wmslow Way East
Bambndge Island, Washmgton 98110
206-842-0566

• •

1

Defendant City of Seattle mcludes, as one of Its agencies. the Seattle Pollce Department.

2 3 3 Defendants Doe and Roe. At all tunes matenal to tins complamt, pollce officer defendants

3 John Doe and Richard Roe, whose IdentItIes are not known, were employed by defendant City of Seattle With

4 other unknown officers. At all tImes matenal to thiS complaInt, defendants John Doe and Richard Roe were

agents and employees of defendant CIty of Seattle and were actIng wltlnn the scope of their employment With 5
the City of Seattle, under color of the laws of the State of WashIngton. Defendants John Doe and Richard

6 Roe are sued m then mdlVlduai capacity and offiCial capacity as agents and/or employees of defendant City of

7 Seattle

8
3.4 Defendant King County. Kmg County IS a muruclpal corporation known as KIng County
9
and as Metro Kmg County, organized under the laws of the State of Washmgton.
10
3.5 Defendant Steve Thompson. Steve Thompson IS employed by defendant Kmg County as
11
the Director of the KIng County Department of Adult and Iuverule DetentIon. HIs Job responslbllltIes
12 mclude overall management of all correctIonal programs of KIng County, and Defendant Thompson has the
13 ultImate responsibility for IdentIfying and ImplementIng traInmg programs for Kmg County CorrectIonal
offIcers, With respect to the lawful and constItutIOnal perfonnance of theIr custodial dutIes He IS sued In hiS
14
mdlVldual and offiCial capaCItIes. 15
3.6 Defendant Jim Allen. JIID Allen IS employed by defendant Kmg County. HIS Job
16
responsibilitIes mclude pnmary responslbillty for IdentIfYIng and ImplementIng traInmg programs for KIng
17 County CorrectIonal officers He IS sued m Ius mdivldual and offiCial capacItIes.
18

19

IV. FACTUAL ALLEGATIONS

20

4 I PlaIntIffs on November 27, 2000 flew to Seattle to engage In Chnstmas shoppmg and other

reasons unrelated to the World Trade OrgamzatIon (WTO) conference anmversary demonstratIons. Pnor to, 21
and at the tIme of theIr arnval m Seattle, plamtIffs were unaware the WTO anmversary demonstratIons were

22 occumng PlamtIffs stayed m a motel away from downtown Seattle and did not come mto the downtown area

23 untIl the afternoon of November 30, 2000.

24

42 On November 30, 2000 plamtIffs traveled by publlc transportatIOn through the bus tunnel to

25 the Westlake Mall at apprOlumately 4:30 m the afternoon. They went mto the Westlake Mall and shopped

for several hours, never ventunng outSide untJIlater that evemng, when they eXited the Mall to go across FIfth
26

SECOND AMENDED COMPLAINTFOR DAMAGES· 3

THEODORE SPEARMAN, P.C.
Solannanne BUlldmg, SUite 208 755 Wmslow Way East
Bambndge lsland, Washmgton 98J 10 206-842-0566

• •
1 Avenue to Nordstrom's department store to shop. After shopping at Nordstrom's, they returned to the 2 Westlake Mall until the Mall closed at 9:00 p m

3

43 At that time upon eXiting the Mall, they saw what appeared to be a parade and lots of people In

4 the street. They thought It was festive and walked to a coffee shop nearby and had coffee watclung what was

occumng on the street. At approximately 9.30 p m. they left the coffee shop. Upon eXiting the commercial
5
establIshment, they saw large numbers of pohce officers north of them on Fourth Avenue, to the east of where

6 they had eXited and to the south As they walked on Fourth Avenue, they realtzed that large numbers of

7 police officers were getting off of buses and began slarmmng their batons Into their body armor

8

4.4 All of the police officers were clOSing In on the people caught In the 1TI1ddle and no one was

9 allowed to eXit the corralling that was occumng, although police were now, on loud speakers, tellIng the

people to disperse, while they were makIng It Impossible for the people to disperse.
10

11

4.5 On November 30, 2000, defendant City sent officers of the Seattle Police Department, dressed

In not gear, to the Westlake Plaza area of Seattle. The officers were drrected to arrest CIVilians In the Westlake
12
Plaza area and did so Without regard to whether they were demonstrators or innocent people.

13
4.6 As plaIntiff Jas1TI1ne Marte Wells was walking on Fourth Avenue to find a musIc club,
14
defendant John Doe seized and handcuffed her and took her Into custody. Plamtlff Bnan Walton was

15 arrested and handcuffed by defendant Richard Roe, who took !urn Into custody at the same time.

16

4.7 Plaintiffs were transported to the Kmg County Jail and Impnsoned there. Plaintiffs were

17 released from the jrul the next day only after they were able to post a bond

18
4.8 Although lacking probable cause, the defendants charged plruntlffs With the cn1TI1nal offenses

19 of Pedestnan Interference In Violation of RCW 12A.12 015 and Frulure to Disperse In VIOlation of RCW

20 12A 12020 These charges rematned m force jeopardlzmg plruntlffs' freedom until they were resolved In

plruntlffs' favor on February 27, 2001.
21

22

4.9 Defendant City of Seattle fruled to properly supervise defendants JOM Doe and Richard Roe.

23

4.10 Defendant City of Seattle fruled to trmn defendants John Doe and Richard Roe not to arrest

24 and detatn mdlVlduais Without probable cause.

25

4.11 Unlawful Strip Search at King County's Department of Corrections in Seattle

26 FollOWIng plruntlff Well's arrest, she was transported by Seattle Pohce to the Kmg County Department of Corrections In Seattle She was booked for Pedestnan Interference and Frulure to Disperse, non-vIOlent

SECOND AMENDED COMPLAINT FOR DAMAGES • 4

THEODORE SPEARMAN, P.C.
Solarmanne BUlkhng, SUlte 208
755 Wlllslow Way East Bamhndge Island Washmgton 98110
206-842-0566

• •

1 misdemeanor offenses winch mvolve neither weapons nor drugs and King County's agents m no way 2 documented any SuspICIOn that she was m possessIOn of such Items or any other contraband. Towards the
conclusIOn of the bookIng process, she was rurected to remove all of her clothes and underclothes so a female
3
correctIOnal officer could observe her before plaintiff was perrrutted to put on jrullssued clothing. At such 4 orne, the outer female gerutaha and bare breasts were VIsible. TIns was an unlawful "stnp search" m 5 vlOlaoon of the Fourth and "Fourteenth Amendments to the U.S Constitution and m vlOlaoon of the
Stipulated Permanent InjunctIOn m Grew v King County, #C83·157-V ThiS search was conducted WithOUt
6
any mdlvldualized SuspICIOn, WithOUt documentatIOn of the reasons for such a search, but m conforrruty With 7 the pattern and practice of King County.

8
4 12 Failure to Train. King County has fruled to trrun Its correctional staff at the Klllg County

9 Jrul m Seattle on the constitutional lilDltS related to stnp searches and the Illjunctlon III Grew. Defendants

10 Thompson and Allen, as the offiCials charged With pnmary authonty for trrurung corrections officers, knew or

should have known of the clearly established law winch h1D1ts stnp searches, as well as the Stipulated
11
Permanent Injunction agrunst King County which IS consistent With clearly established law. Defendant King

12 County's and Thompson's and Allen's frulure to trrun correctional staff and failure to continue to Implement

13 the stipulated Illjunctlon was done with deliberate mrufference to, and callous rusregard of, the nghts of female
arrestees
14

15

4.13 As a result of the acts and Offi1SSlOnS of defendants, plruntlff Jasffi1ne Mane Wells suffered

personal mjunes mclurung, but not IilDlted to, loss of liberty, prun and suffenng, emotIOnal rustress, fear and

16 other consequential damages.

17
414 As a result of the acts and omissions of defendants, plaintiff Bnan Walton suffered personal
18
Illjunes Illclurung, but not liffi1ted to,loss of liberty, emotional rustress, fear and other consequential damages.
19
4.15 Plruntlffs hereby wruve the physlclan's-patlent pnVIlege ONLY to the extent reqwred by RCW 20
560.060, as h1D1ted by the plruntlffs' constitutional nghts of pnvacy, contractual nghts of pnvacy, and the

21 etJucal obligations of phYSICians and attorneys not to engage m ex-parte contact between the treating

22 phYSICians and the patients' legal adversanes.

23

4.16 Regarrung thelf state law claims agrunst the City of Seattle, plruntJffs have complied With the

24 applicable non-c1rum reqUirements of RCW 4.96.020

25

26

V. CLASS ACTION ALLEGATIONS

SECOND AMENDEDCOMPLAlNT FOR DAMAGES . 5

THEODORE SPEARMAN, P.e.
Solarmanne BUlldmg, SUlte 208 755 Wmslow Way East
Btunbndge Island, Washmg-wn 98220 206-842-0566

• •

1

5 1 Class Action. Plamtlff Wells also bnngs this case as a class action agamst Kmg County on

2 behalf of the class defmed as follows:

3

All female pnsoners booked at the Kmg County Jrul and stnp searched

Without mdivlduaiIzed SuspIcIOn and documentation, and who were not

4

arrested for VIOlent cnrnes, I.e. cnmes that do meet the defirutlon of RCW

9.94A 030(44) [preViously RCW 9.94A.030(l6)], or any of the followmg

5

cnmes. any offense mvolVing burglary, the use of a deadly weapon, or a

felony drug or controlled substance offense.

6
5.2 Rule 23 Requirements Are Met. ThiS class may properly be mruntruned as a class actIOn
7
pursuant to F R CIv.P 23(b)(3). ThiS action also satisfies the reqUirements of numeroSity, typiCality,

8 adequacy commonalty, predOirunance and supenonty reqUirements of Rule 23 The class IS so numerous that

9 IndiVidual JOInder of all members IS Impracticable. The exact number of class members IS unknown at present
and can only be detenrnned through discovery, but IS estlfnated at 2000 class members per year
10

11

5.3 Common Questions. Common questIOns of fact and law prevrul and predommate over

questIOns as to IndiVidual class members The common factual and legal questIOns do not vary from class
12
member to class member and may be detenmned Without reference to IndiVidUal class members. The

13 common questions Include the follOWIng'

14
A. Whether KIng County has a custom or practice of "stnp searchmg" females who

15

meet the class definitIOn, m Violation of the Stipulated Pennanent Injunction m Grew

16

and In VIOlation of the Fourth and Fourteenth Amendments?

17

B Whether Kmg County has fruled to traJn correctional staff With respect to clearly

18

established law related to "stnp searches" of non-VIOlent pnsoners where there IS no

adequate reason to believe that the mdivldual possesses or conceals drugs or weapons,

19

whether due to the nature and seventy of the offense leading to the arrest of other

20

mdivldualized suspIcion?

21

C. Whether Kmg County has routinely subjected women to "strIP searches" as defined

22

In the Stipulated Pennanent Injunction m Grew v. King County, WithOUt regard to the

23

nature of the alleged offense at bookmg?

24

D. Whether Kmg County has "stnp searched" non-Violent arrestees, not suspected of

25

haVing drugs or weapons on their persons, I.e. Without mdivlduallzed SuspICIOn?

26

E Whether Kmg County has fruled to document the reasons or Justifications for "strIP

searches" m ViolatIOn of Grew?

SECOND AMENDED COMPLAINT FOR DAMAGES • 6

p.e. THEODORE SPEARMAN, Solarmanne Butldtng, SUIte 208 755 Wmslow Way East Bambndge Island, Washmgton 98110 206-842-0566

• •

1

F. Whether King County has fruled to trrun Its correctJonal staff With respect to the

2

reqUirements of the StJpulated Permanent Injunction m Grew?

3

54 Typicality Plamtlff's clrums are tyPiCal of those sllIlllarly situated arrestees booked at the

4 Kmg County Jail.

5

5.5 Adequacy. Plruntlff and her counsel WJ!l frurly and adequately protect the members of the

6 class. Plruntlff's counsel has experience m the prosecution of class actions on behalf of Jrul mmates. ThiS
case will be vigorously prosecuted.
7

8

56 Superiority A class actIOn IS a supenor method for the frur and Just adjudicatIOn of thiS

controversy Given the relatJvely small amount of diunages that would hkely be awarded to mdlVldual
9
plamtlffs, and the difficult of litigation agrunst governmental defendimts, It IS unpractical for sllD1larly situated

10 plruntlffs to pursue separate laWSUits. IndiVldualized litJgation presents nsk of varymg, mconslstent or

11 contradictmg Judgments, mcreases expense and delay, and imposes burdens on the courts. ThiS case IS

readily manageable as a class action. 12

13

VI. FIRST CAUSE OF ACTION:

14

VIOLATION OF THE FOURTH AMENDMENT

PROHIBITION AGAINST UNREASONABLE SEARCHES AND SEIZURES

15
6 1 Plruntlffs hereby mcorporate and re-allege as If fully set forth herem each and every allegation

16 of paragraphs 4.1 through 4.14.

17

62

18 or usage

The acts and onusslons of defendants herem were performed under color of state law, custom

19
6.3 Jasnune Mane Wells and Bnan Walton were seized, for purposes of the Fourth Amendinent 20 to the Umted States Constitution, by the acts and onusslOns of defendants set forth herem

21

64 Jasnune Mane Wells and Bnan Walton had a federally-protected nght, under the Fourth

22 Amendment, not to be subjected to an unreasonable search and seizure

23

65 The acts and onusslOns of defendimts herem prOXimately caused the depnvatJon of the Fourth

24 Amendinent nghts of Jasnune Mane Wells and Bnan Walton

25

66 As a proXimate result of the acts and onuSSlOns of defendants and depnvatlon of plamtlff's

26 Fourth Amendment nghts, plruntlffs suffered personal mJunes as set forth herem above.

SECOND AMENDED COMPLAINT FOR DAMAGES • 7

THEODORE SPEARMAN, P.C.
Solarmanne BUlldmg, SUite 208 755 Wmslow Way East
Bamhndge Island, Washmgton 98110 206-842-0566

• •

1

VII. SECOND CAUSE OF ACTION:

ARREST WITHOUT PROBABLE CAUSE

2

IN VIOLATION OF THE FORTH AMENDMENT

3

7.1 Plamuffs hereby mcorporate and re-allege as If fully set forth herem each and every allegauon

of paragraphs 4.1 through 4.14.
4

5

72

or usage.
6

The acts and omissIOns of defendants herem were performed under color of state law, custom

7

73 Jasmme Mane Wells and Bnan Walton were arrested, for purposes of the Fourth

Amendment, when they were seized, handcuffed and taken mto custody
8

9

74 Jasmme Mane Wells and Bnan Walton had a federally-protected nght, under the Fourth

Amendment, not to be arrested by defendants Without probable cause.
10

11

75 The defendants lacked probable cause to arrest Jasmme Mane Wells and Bnan Walton

12

7.6 The acts and 01TI1SSlOnS of defendants herem, and each of them, proximately caused the

13 depnvatlOn of Jas1TI1ne Mane Wells and Brian Walton's Fourth Amendment nghts.

14

7 7 As a proximate result of the acts and 01TI1SSlOns of defendants and depnvauon of her Fourth

15 Amendment nghts, plamUffs Jas1TI1ne Mane Wells and Bnan Walton suffered personal mJunes as set forth

herem above.
16

17

VIII. THIRD CAUSE OF ACTION:

VIOLATION OF THE FOURTEENTH AMENDMENT

18

DUE PROCESS CLAUSE

19

8 1 Plruntlffs hereby mcorporate and re-allege as If fully set forth herem each and every allegation

of paragraphs 4.1 through 4 14. 20

21

8.2

or usage.

22

The acts and 01TI1SSlOnS of defendants herem were performed under color of state law, custom

23

8.3 Jas!TI1ne Mane Wells had federally-protected nghts under the Due Process Clause of the

Fourteenth Amendment to the Umted States ConsUtutlOn to remrun m a pubhc place of her chOice and the

24 nght to move from one place to another, m order to shop and VISit commercial busmesses m downtown

25 Seattle and to be free of VIOlatIOns of tlus Court's orders restnct the nature and circumstances of stnp

26 searches at the Kmg County JruJ.

SECOND AMENDED COMPLAINT FOR DAMAGES - 8

THEODORE SPEARMAN, P.C.
Solannanne BUildmg, SUtte 208 755 Wmslow Way East
Bambndge Island, WashIngton 98110 206-842-0566

• •

I

8.4 The acts and OInlSSlOnS of defendants herem proxnnately caused the deprivation of plamtlffs'

2 Fourteenth Amendment nghts.

3

8.S As a prOlumate result of the acts and OffilSSlons of defendants and depnvatlOn of then

4 Fourteenth Amendment nghts, plamtlffs Jasffilne Mane Wells and Bnan Walton suffered personal mJunes as

set forth herem above
5

6

IX. FOURTH CAUSE OF ACTION:

VIOLATION OF THE FOURTEENTH AMENDMENT

7

RIGHT TO PERSONAL SECURITY

8

9.1 Plamtlffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIOn

of paragraphs 4.1 through 414.
9

IO

92

or usage.
11

The acts and OffilSSlOns of defendants herem were perfonned under color of state law, custom

12

9.3 Jasffilne Mane Wells and Bnan Walton had a federally-protected nght, under the Fourteenth

Amendment to the Umted States ConStitution, to personal secunty.
l3

14

94 The acts and OffilSSlons of defendants herem prOlumately caused the depnvatlon of plamtlffs'

Fourteenth Amendment nghts.
15

16

9 5 As a proxnnate result of the acts and OffilSSlons of defendants and deprivatIOn of therr

Fourteenth Amendment nghts, plamtlffs Jasffilne Mane Wells and Bnan Walton suffered personal mJunes as 17 set forth herem above.

18

19

X. FIFTH CAUSE OF ACTION: MUNICIPAL LIABILITY OF THE CITY OF SEATTLE

20

10.1 Plamtlffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIOn

21 of paragraphs 4.1 through 4 14.

22

10 2 At all times matenal to trus compliant, defendant City of Seattle, by and through Its

23 policymakmg offiCials had m effect certam expliCit and de facto poliCies, pracllces and customs wruch were

applied to the treatment of ciVilians m downtown Seattle dunng the WTO anmversary meellngs, mcludmg the
24
anest and detenllon of mnocent CiVilians at Westlake Plaza area such as plainllffs Jasffilne Mane Wells and

25 Bnan Walton

26

SECOND AMENDEDCOMPLAlNT FOR DAMAGES - 9

THEODORE SPEARMAN, P.C.
Solannanne BUlldmg, SUtte 208
755 Wmslow Way East Bambndge Island, Washmgton 98110
206-842-0566

• •

10 3 For purposes of the mcuient descnbed herem, It was the pohcy, custom and practIce of the 2 City of Seattle to arrest and detam the plamtIffs WIthout probable cause m violatIon of their Fourth and
Fourteenth Amendment nghts as set forth herem above
3

4

lOA It was further the pohcy of the City of Seattle, by and through pohcymakmg offiCials to

approve, acqUiesce, condone and ratIfy the unreasonable seizure and detentIon of the plamtIffs m the mCldent
5
descnbed herem above, m VIOlatIOn of their Fourth and Fourteenth Amendment nghts.

6
105 For purposes of liability for srud poliCies, practIces and/or customs, Gil Kerlikowske was the
7
authonzed policy-maker on police matters, and his deCISIOns, expliCit and de facto, were and are bmdmg on

8 defendant City of Seattle.

9
10 6 The pohcy, praCtIce and custom of approvmg, acqUlescmg m, condomng and/or ratIfymg the

10 unreasonable seIZure and detentIon of the plruntIffs m the mCldent descnbed herem, m VIOlatIon of their

11 Fourth and Fourteenth Amendment nghts, was a deliberate chOice by defendant City of Seattle, by and

through ItS cruef of police and/or others. 12

13

10.7 These poliCies, practIces and customs were mruntruned WIth dehberate, reckless and/or callous

mdtfference to the constItutIonal nghts of the plruntIffs as set forth herem above.
14

15

10 8 The above-descnbed poliCies, practIces and customs of defendant City of Seattle prOJumately

caused the depnvatIon of the Fourth and Fourteenth Amendment nghts of the plruntIffs.
16

17

10 9 As a prOJumate result of the above-descnbed poliCies, practIces and customs of defendant City

of Seattle, and as a result of the depnvatIon of plruntIffs' Fourth and Fourteenth Amendment nghts, plruntIffs

18
suffered personal mJunes as set forth herem above.

19
10 10 At all tImes matenal herem, defendant City of Seattle had a duty, under the Umted States
20 ConstItutIon, to properly supervise Seattle pohce officers.

21
10.11 At all tImes matenal herem, defendants City of Seattle had a duty, under the Fourth 22
Amendment to the Umted States ConstItutIon, to trrun Seattle police officers not to arrest and detrun

23 mdlvlduals Without probable cause.

24

10 12 Defendants fruled to properly supervise defendants John Doe and Richard Roe.

25
10 13 Defendants fruled to properly trrun defendants John Doe and Richard Roe.
26

SECOND AMENDED COMPLAINT FOR DAMAGES - 10

THEODORE SPEARMAN, P.C.
Solannanne BUlldmg. SUIte 208 755 Wmslow Way East
Bamhndge Island, Washmgton 98110 206-842-0566

• •

1

10 14 The above-descnbed faIlures to SUpervIse and to traIn were IllaJ.ntaIned WIth dehberate, reckless

2 and/or callous mmfference to the consntunonal nghts of plrunnffs as set forth herem above.

3

10.15 The above-descnbed faIlures by defendants to properly sUpervIse and to properly traIn John

4 Doe and RIchard Roe proxunately caused the depnvanon of the consntunonal nghts of plaInnffs as set forth

herem above.
5

6

10.16 As a proXImate result of the faIlure of defendants to properly supervIse and tram, and as a

result of the depnvallon of plaIntiffs' constltunonal nghts, plaInnffs suffered personal mJunes as set forth
7
herem above.

8

9

XI. SIXTH CAUSE OF ACTION:

ASSAULT AND BATTERY

10

11 1 PlaIntiffs hereby incorporate and re-allege as If fully set forth herem each and every alJegauon

11 of paragraphs 4 1 through 4 14.

12

11.2 Defendants assaulted and battered plaIntiffs Jasmine MarIe Wells and Bnan Walton.

13
11.3 Defendant CIty of Seattle IS hable for the acnons of the mmvldual defendants under the 14 doctnne of respondeat superior.

15
11.4 As a dlrect, proXImate and foreseeable result of wrongful acnons descnbed herem above, 16 plaIntiffs have been damaged m an runount m excess of the II11mmumJunsmctlon of thIs Court.

17

XII. SEVENTH CAUSE OF ACTION:

18

FALSE ARRESTIFALSE IMPRISONMENT

19

12.1 PlaIntiffs hereby mcorporate and re-allege as If fully set forth herem each and every allegation

of paragraphs 4.1 through 4.14. 20

21

122 Defendants arrested and Impnsoned plaIntiffs JaslI11ne MarIe Wells and Bnan Walton WIthOUt

probable cause. 22

23

12.3 Defendant City of Seattle IS hable for the actIOns of the mdlVldual defendants under the

doctnne of respondeat supenor
24

25

12.4 As a drrect, proXImate and foreseeable result of wrongful acnons descnbed herem above,

plaInnffs have been drunaged m an amount m excess of the II11nimum Junsmctlon of thIs Court.

26

SECOND AMENDED COMPLAINT FOR DAMAGES - 11

THEODORE SPEARMAN, P.C.
Solarmanne BUlldmg, SUlte 208 755 Wmslow Way East
Bal.l1hndge Island, Washtngmn 98110 206-842-0566

• •

1

XIII. SEVENTH CAUSE OF ACTION:

MALICIOUS PROSECUTION
2

13.1 PlamtIffs hereby mcorporate and re-allege as If fully set forth herem each and every allegatIon

3 of paragraphs 4.1 through 4.14.

4
13 2 Defendants malicIOusly charged plamtIffs Jasmme Mane Wells and Bnan Walton With 5 cnmmal offenses wIthout probable cause

6
13 3 Defendant City of Seattle IS lIable for the actIons of the mdlVlduai defendants under the 7 doctnne of respondeat supenor

8
13.4 As a drrect, proximate and foreseeable result of wrongful actIons descnbed herem above, 9 plaIntIffs have been damaged m an amount m excess of the mInunum JunsdIctIon of tins Court

10

11

XIV. EIGHTH CAUSE OF ACTION:

MUNICIPAL LIABILITY OF KING COUNTY, THOMPSON AND ALLEN

12
14 1 PlaIntIffs hereby Incorporate and re-allege as If fully set forth herein each and every allegatIon

13 of paragraphs 4.1 through 4.14

14
14.2 Based on the factual allegations set forth m paragraphs 4 11 through 4.12 above, defendants 15 Kmg County, Thompson and Allen are lIable for vIOlation of plaIntiff's Fourth and Fourteenth Amendment 16 nghts and m Violation of 42 USC § 1983. Defendants are further hable for damages to the class winch
plaIntiff represents Defendants Thompson and Allen are lIable for pumtlve damages for reckless disregard
17
of the nghts of plaIntIff Wells and the class members she represents, and for the disregard of the mJunctlon m 18 Grew

19
XV. PUNITIVE DAMAGES ALLEGATIONS
20
15.1 PlaIntiffs hereby Incorporate and re-allege as If fully set forth herem each and every allegation
21 of paragraphs 4.1 through 4.14

22 152 The acts and ounsslons of defendants hereIn were motivated by wrongful motives or mtent, or
23 mvolved reckless or callous Inrufference to the constitutIonal nghts of the plaintiffs as set forth herein above.

24 15 3 Defendants City of Seattle and KIng County should mdemmfy the indIVidIial defendants for

25 any damages awarded agamst them at the tnal of thiS actIOn, Includmg pUnitIve damages.

26

15 4 Defendant City of Seattle IS responsible for the fault of the mdIViduai defendants because the

mdlVlduai defendants were acting as agents or servants of the City Defendants City of Seattle and Kmg

SECOND AMENDED COMPLAINT FOR DAMAGES· 12

THEODORE SPEARMAN, P.C. Solannarme Butldtng SUlte 208
755 Wmslow Way East Bambndge Island, Waslungcon 98l1O
206-842-0566

• •

1 County are lIable for all damages awarded agamst the mdlVldual defendants, mcludmg purutIve damages.
2 RCW 4.22.070(1)(a).

3

15 5 Because Jasnnne Mane Wells and Brian Walton are fault-free plamtIffs, defendant City of

4 Seattle and Kmg County are Jomtly and severally liable for all damages awarded, includmg purutIve damages.

RCW 4.22.070(1)(b).
5

6

XVI. PRAYER FOR RELIEF

7

WHEREFORE, plamtIffs pray for relief as follows

16.1 Compensatory Damages: The defendants should be requIred to pay compensatory
8
damages m an amount to be proven at tnal

9
16.2 Punitive Damages: The defendants should be reqwred to pay purutIve damages m an
10
amount to be proven at tnal pursuant to TItle 42, Uruted States Code, §1983; TItle 42, Uruted States Code,

11 §1988; RCW 4.22.070(1)(a); and RCW 4 22.070(1)(b).

12
163 Attorney's Fees: The defendants should be reqwred to pay the plamtIffs' reasonable 13 attorney's fees and costs pursuant to TItle 42, Uruted States Code, §1988.

14
16.4 Other Relief: The Court should grant the plamtIffs such other and further relief as the Court 15 deems Just and eqwtable.

16

JURY DEMAND

17

PlamtIffs demand tnal by a Jury of twelve (12) m tlus matter.

18

c9.!:? DATED thIS

~-rl- ~
\A) day of AIl!lIlSI, 2002.

19

20

THEODO&E-l)l'

,PC.

21
22

23

24

LAW 0

25

'BFyre~i,;~o~nd~s~to~n~e~,~~~~~~~~-T---

26

Attorney for PlamtIffs

SECOND AMENDED COMPLAINT FOR DAMAGES - 13

THEODORE SPEARMAN, P.C.
Solamtanne Bmldmg, SUIte 208 755 Wmslow Way East
Bllmbndge Island, Washmgton 98110 206-842-0566

 
 1

2

The Honorable Marsha J. Pechman

3

4

5

6

7 8 9 10 11 12 13 14 15 16 17
V18
;£ 19 20
J
J 21
~ 22
f 23 24 25

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

JASMINE MARIE WELLS, on behalf of herself and the class of women prisoners of the King County Department of Adult Detention, who she represents, and BRIAN WALTON,
Plaintiffs,

No. C02-601P
ORDER APPROVING SETTLEMENT

vs.

THE CITY OF SEA1TLE, a municipal corporation; JOHN DOE, in his capacity as a police officer for the City of Seattle, and as an individual; RICHARD ROE, in his capacity as a police officer for the City of Seattle, and as an individual; KING COUNTY, a municipal corporation; STEVE THOMPSON, Director of the King County Department of Adult and Juvenile Detention, in his official and individual capacities; and JIM ALLEN, Training Manager for the King County department of Adult and Juvenile Detention, in his official and individual capacities.

Defendants.

. 2003

THIS MATTER came on for hearing on the parties' Joint Motion to Approve Settlement. The Court read and considered the submissions of the parties; being

26 ORDER APPROVING SETTLEMENT - 1
(Cause No. CV 02-601 P)

LAW OFFICES OF
MILLS MEYERS SWARTLING
1000 SECOND A VENUE, 30TH FLOOR

SEATTLE, WASHINGTON 98104·1064

TELEPHONE (206) 382-1000

ORlG\NAl

FACSIMILE (206) 386-7343

/0,
'\

1

2 fully advised, the Court ORDERS as follows:

3

1. The Joint Motion to Approve Settlement is GRANTED;

4

2. The claims of Jasmine Marie Wells and Brian Walton are DISMISSED

5 WITH PREJUDICE AND WITHOUT COSTS;

6

3. The potential claims of any putative class members in this case are

7 DISMISSED WITHOUT PREJUDICE AND WITHOUT COSTS;

8

4. With respect to claims of persons within plaintiffs' putative class, the

9 statute of limitations shall be tolled from April 19, 2002 until the date hereof;

5. The remaining proviSions in the Settlement Conference Agreement 10

attached hereto are APPROVED; 11

6.
12 members.

Notice of this settlement is not required to be given to putative class

13

DATED this S- day of ....:~_fJ=--=--._ _ _, 2003.

14

15

16

17 18 PRESENTED BY: 19 MILLS MEYERS SWARTLING

20
21 By: 22

23

24
25
26 ORDER APPROVING SETTLEMENT - 2 (Cause No. CV 02-601 P)

LAW OFFICES OF
MILLS MEYERS SWARTLING
1000 SECOND A VENUE, 30TH FLOOR SEATTLE, WASHINGTON 98104-1064
TEl.EPHONE (206) 382·1000 FACSIMILE (206) 386-7343

1

2 NORMMALENG 3 KING COUNTY PROSECUTING ATTORNEY

4

5

By:

r tofer Bundy

6

WS A#19840 John Gerberdi

7

WSBA#23157 Attorney for Defendants King County,

8

Steve Thompson & Jim Allen

9 STAFFORD FREY COOPER

10

11

12

13 LAW OFFICES OF FRED DIAMONDSTONE

14
15 By4@

16

Fred Diamondstone, WSBA #7138 Attorneys for Plaintiffs Jasmine Marie Wells

17

and Brian Walton

18

19 LAW OFFICES OF THEODORE SPEARMAN
20
21 ByGt-=W-
22 rheOdore Spearman, WSBA #16695 Attorneys for Plaintiffs Jasmine Marie Wells
23 I and Brian Walton

24
25
26 ORDER APPROVING SETTLEMENT - 3
(Cause No. CV 02-601 P)

LAW OFFICES OF
MILLS MEYERS SWARTLING 1000 SECOND AVENUE, 30TH FLOOR SEATTLE, WASHINGTON 98104-1064
TELEPHONE (206) 382-1000 FACSIMILE (206) 386-7343

Wells and Walton v. Seattle and King County defendants.

CV 02-601P

Settlement Conference Al:reement
Pursuant to Order of Reference from the Honorable Marsha J. Pechman a settlement conference was held in the above referenced matter, January 2,2003, with U.S. Magistrate Judge, J. Kelley Arnold. Attorneys Fred Diamondstone and Theodore Spearman met personally (and plaintiffs Jasmine Wells and Brian Walton conferred telephonically) with Judge Arnold. Attorneys Stephcn Larson, Dave Onsager, and Sean Sheehan representing the City of Seattle defendants and Attorneys David Swartling, John Gerberding, and Kris Bundy representing the King County defendants met personally with Judge Arnold. Also in attendance were Jennifer Nelson (King County Risk Management) and defendant Steve Thompson.
Economic: Total sum to be paid by all defendants to both plaintiffs including attorneys fees incurred to date and to be incurred through final resolution of this matter is $115,000, allocated as follows:
Net to plaintiff Walton: $15,000 Walton Attorney's Fees $ 7,500 Net to plaintiff Wells: $32,500 Wells Attorney's Fees: $60,000
It is agreed that plaintiff Walton shall have until 5:00 p.m. January 3, 2003, to reject in writing (by way of FAX) his portion of the proposed settlement which involves only the City of Seattle defendants; It is agreed that plaintiff Wells is bound by the terms ofthis agreement through the signature of her attorneys below.
Non-economic/Equitable:
I. The parties shall present the final resolution of this matter to Judge Marsha J. Pechman for approval. The agreement shall provide for dismissal with prejudice of plaintiffs Wells and Waltons claims. Wells will sign a single release of all claims including civil rights claims against all defendants, their agents and employees which release shall describe her physical injuries including, but not limited to injuries to plaintiff Well's wrists, physical arrest, pain and suffering and mental and emotional distress. The agreement shall provide for dismissal without prejudice of plaintiffs proposed (but not certified) class. With regard to the proposed class the parties agree as follows: (1) the statute of limitations shall be tolled from the date of the filing of the amended complaint (April 19, 2002) and date the order is entered dismissing Wells claims; and (2) plaintiffs counsel Diamondstone and Spearman aver that they do not presently have a person to serve in a representative capacity to pursue new litigation, however it is understood that

this agreement in no way precludes any third party from instituting an action on their own hehalf or on behalf of the class. The parties will use their best efforts to obtain court approval of this settlement without the requirement of notice to putative class members, unless the law requires otherwise.
2. Walton will execute a full and final release of all claims arising from the arrest of November 30,2000, against the City of Seattle and it's agents, officers, and employees, including Captain DanielOliver. The settlement between Walton, the City of Seattle, and its officers and employees is contingent upon Judge Pechman's approval of the settlement agreement between Jasmine Wells and the King County defendants.
3. The parties agree that a version understandable to lay persons of the "Grew" Order shall be posted in holding cells and dress out areas of the King County Jail.
4. King County agrees that the current visual separation curtain shall be utilized to screen from view those persons protected by the "Grew" Order and that a seat of some sort shall be available for those persons being asked to change into institutional clothing; the defendant King County agrees to give notice to plaintiffs counsel of any proposed future change regarding these practices for prisoners protected by the "Grew" Order for a period often years. The curtain/screen arrangements and seating arrangements shall be made available to plaintiffs counsel for viewing and comment January 3, 2003.
5. U.S. Magistrate Judge,.T. K. Arnold, shall resolve any dispute arising out of the non-economic conditions of the settlement.

laintiffs Walton and Wells

"Tn ore Spearman for plaintiffs Walton and Wells

/

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fo\ ,~avi~ Swartling King'~ounty defendants

"

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Stephen La,rs \ fo City ~ISeattle defendants
~)

 
 4/11/2020

Query Reports

WAWD CM/ECF Version 1.3
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CLOSED,JURYDEMAND

U.S. District Court United States District Court for the Western District of Washington (Seattle)
CIVIL DOCKET FOR CASE #: 2:02-cv-00601-MJP

Wells, et al v. Seattle City of, et al Assigned to: Judge Marsha J. Pechman Demand: $0 Cause: 42:1983 Civil Rights Act Plaintiff Jasmine Marie Wells
Plaintiff Brian Walton

Date Filed: 03/13/2002 Date Terminated: 02/05/2003 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
represented by Fred Diamondstone 1218 THIRD AVENUE SUITE 1000 SEATTLE, WA 98101 206-568-0082 Fax: 206-568-1683 Email: fdiamondstone@seanet.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore F Spearman 755 WINSLOW WAY EAST STE 208 BAINBRIDGE ISLAND, WA 98110 206-842-0566 Fax: FAX 842-6639 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Theodore F Spearman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.

Defendant

Seattle City of a municipal corporation

represented by David J Onsager BAILEY GRANT ONSAGER, P.C. 600 UNIVERSITY STREET SUITE 1020 SEATTLE, WA 98101-4107 206-623-9900 Fax: FAX 624-6885 Email: donsager@staffordfrey.com

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Defendant John Doe in his capacity as a police ofﬁcer for the City of Seattle, and as an individual
Defendant Richard Roe in his capacity as a police ofﬁcer for the City of Seattle, and as an individual

WAWD CM/ECF Version 1.3
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Powell Larson FREY BUCK PS 1200 FIFTH AVENUE STE 1900 SEATTLE, WA 98101 206-486-8000 Fax: 206-902-9660 Email: slarson@freybuck.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Sean Sheehan LEWIS BRISBOIS BISGAARD & SMITH LLP (SEATTLE) 1111 THIRD AVE STE 2700 SEATTLE, WA 98101 206-436-2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J Onsager (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Powell Larson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Sean Sheehan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J Onsager (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Powell Larson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Sean Sheehan (See above for address)

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Defendant King Cty WA a municipal corporation

WAWD CM/ECF Version 1.3
LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David D Swartling MILLS MEYERS SWARTLING 1000 2ND AVE STE 3000 SEATTLE, WA 98104-1064 206-382-1000 Fax: FAX 386-7343 Email: dswartling@mms-seattle.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

John M Gerberding KING COUNTY PROSECUTING ATTORNEY'S OFFICE (3RD AVE) 516 3RD AVE W554 KING COUNTY COURTHOUSE SEATTLE, WA 98104 206-296-9015 Fax: FAX 296-0191 Email: john.gerberding@kingcounty.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Steve Thompson Director of the King County Dept of Adult and Juvenile Detention in his ofﬁcial and individual capacities

Kristofer John Bundy KULSHAN LAW GROUP, PLLC 114 WEST MAGNOLIA STREET, STE 302 BELLINGHAM, WA 98225 360-392-2855 ext 211 Email: kris@kulshanlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David D Swartling (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John M Gerberding (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
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Kristofer John Bundy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Jim Allen Training Manager for the King County Dept of Adult and Juvenile Detention, in his ofﬁcial and individual capacities
Counter Claimant Seattle City of
V. Counter Defendant Jasmine Marie Wells
Counter Defendant Brian Walton

WAWD CM/ECF Version 1.3
represented by David D Swartling (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John M Gerberding (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kristofer John Bundy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J Onsager (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen Powell Larson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Sean Sheehan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Theodore F Spearman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Theodore F Spearman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 03/13/2002
03/26/2002

# Docket Text
1 COMPLAINT and JURY DEMANDED (Summons(es) issued) Receipt # 404940 (PM) (Entered: 03/19/2002)
2 RETURN OF SERVICE of summons and complaint executed upon defendant Seattle City of on 3/21/02 (MD) (Entered: 03/27/2002)

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03/27/2002
04/17/2002
04/19/2002 04/26/2002
05/01/2002
05/01/2002
05/01/2002
05/10/2002
05/22/2002
05/23/2002 05/23/2002 05/29/2002 06/04/2002
06/13/2002 06/18/2002 06/24/2002 07/01/2002

WAWD CM/ECF Version 1.3
3 NOTICE by defendant Seattle City of, defendant John Doe, defendant Richard Roe of ASSOCIATION OF ATTORNEY Stephen Powell Larson, David J Onsager, Thomas Sean Sheehan (MD) (Entered: 03/28/2002)
4 AMENDED COMPLAINT (ﬁrst) [1-1] by plaintiff Jasmine Marie Wells, plaintiff Brian Walton; jury demand; adding King County, Steve Thompson, Jim Allen (MD) (Entered: 04/18/2002)
5 PRAECIPE: by plaintiff (corrected ﬁrst pg to ﬁrst amended complaint-class action for damages, jury demand) re: complaint [4-1] (MD) (Entered: 04/23/2002)
6 MINUTE ORDER by Judge Marsha J. Pechman case reassigned to Judge Barbara J. Rothstein; all documents to bear cause No. C02-601R (cc: counsel, MJP, ES, BJR, ET, MR) (VK) (Entered: 04/29/2002)
7 RETURN OF SERVICE of summons and complaint, ﬁrst amended complaint-class action for damages, jury demanded executed upon defendant Steve Thompson on 4/26/02 (LS) (Entered: 05/02/2002)
8 RETURN OF SERVICE of summons and complaint, ﬁrst amended complaint-class action for damages, jury demand executed upon defendant King County on 4/26/02 (LS) (Entered: 05/02/2002)
9 RETURN OF SERVICE of summons and complaint, ﬁrst amended complaint-class action for damages, jury demand executed upon defendant Jim Allen on 4/26/02 (LS) (Entered: 05/02/2002)
10 ATTORNEY APPEARANCE for defendant King County, defendant Steve Thompson, defendant Jim Allen by Kristofer John Bundy, John M Gerberding (MD) (Entered: 05/10/2002)
13 ORDER RE: INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due 6/25/02 (cc: counsel, Judge) (LS) (Entered: 05/24/2002)
11 STIPULATION re: Minute Order dated 4/26/02 [6-2] (RS) (Entered: 05/24/2002)
12 ANSWER to ﬁrst amended complaint [4-1] and COUNTERCLAIM by defendant Seattle City of against plaintiff (RS) (Entered: 05/24/2002)
14 NOTICE of Unavailability of counsel Theodore F Spearman for counter-defendant Brian Walton from 5/31/02 to 6/10/02 (RS) (Entered: 05/30/2002)
15 ORDER by Judge Barbara J. Rothstein Case reassigned to Judge Marsha J. Pechman; all pleadings ﬁled in the future to bear case number C02-601P (cc: counsel, Judge) (RS) (Entered: 06/05/2002)
16 ANSWER TO COUNTERCLAIM [12-2] by counter-defendant Jasmine Marie Wells, counter-defendant Brian Walton (MD) (Entered: 06/14/2002)
17 ANSWER to ﬁrst amended complaint [4-1] by defendant King County, defendant Steve Thompson, defendant Jim Allen; jury demand (MD) (Entered: 06/19/2002)
18 JOINT STATUS REPORT ﬁled by all parties. Est. Trial Days: 6-9 days (MD) (Entered: 06/24/2002)
19 ORDER SETTING TRIAL and RELATED DATES by Judge Pechman: Jury trial set for 9/8/03 ; Deadline to Join Additional Parties is 7/29/02 Disclosure of expert testimony due: 3/12/03 ; Motion ﬁling ddl 4/11/03 ; Discovery deadline set for 5/12/03 ; Dispositive Motions to be ﬁled by 6/10/03 ; Settlement conf. per CR 39.1(c)(2) by 7/10/03 ; 39.1

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WAWD CM/ECF Version 1.3
designation effective 8/8/03 ; Motions in Limine deadline 8/11/03 ; Agreed Pretrial Order set for 8/14/03 ; Pretrial Conference set for 11:00 8/15/03 ; Trial brief and exhibits to be submitted by 9/3/03 ; Proposed Voir dire/jury instructions 9/3/03 ; (cc: counsel, Judge, ES) Length of trial: 6-9 days (VK) (Entered: 07/02/2002)

07/15/2002

20 NOTICE of Unavailability of counsel Fred Diamondstone for plaintiff Jasmine Marie Wells from 9/20/02 to 10/15/02 (AF) (Entered: 07/16/2002)

07/17/2002

21 ERRATA by plaintiff to pla's rule 26(a)(1) Initial Disclosures; joint status report [18-1] (LS) (Entered: 07/18/2002)

07/19/2002

22 MOTION by plaintiff for protective order regarding plaintiff's conﬁdential records NOTED FOR 7/31/02 (LS) (Entered: 07/22/2002)

07/19/2002

23 DECLARATION of Theodore Spearman by plaintiffs RE: in support of conﬁdential records pla's Motion for Protective Order regardig pla's conﬁdential records (LS) (Entered: 07/22/2002)

07/19/2002

LODGED ORDER: re: pla's motion for protective order regarding plaintiff's conﬁdential records [22-1] (LS) (Entered: 07/22/2002)

07/31/2002

24 STIPULATED PROTECTIVE ORDER by Judge Marsha J. Pechman (cc: counsel, Judge) (AF) (Entered: 08/01/2002)

07/31/2002

25 STIPULATION and ORDER TO EXTEND SELECT CUTOFF DATE RELATED TO CITY OF SEATTLE DFTS by Judge Marsha J. Pechman: Deadline to Join Additional Parties is extended to 10/29/02 (cc: counsel, Judge) (AF) (Entered: 08/01/2002)

07/31/2002

26 NOTICE OF ASSOCIATION OF COUNSEL by attorney David D Swartling for defendants King County, Steve Thompson, and Jim Allen (AF) (Entered: 08/02/2002)

08/01/2002

27 MOTION by plaintiffs to quash averments in City of Seattle's answer , and to dismiss counterclaim NOTED FOR 8/23/02 (AF) (Entered: 08/02/2002)

08/01/2002

28 DECLARATION of Theodore Spearman by plaintiffs re motion to quash averments in City of Seattle's answer and dismiss counterclaim [27-1], [27-2] (AF) (Entered: 08/02/2002)

08/01/2002

LODGED ORDER: re: pltfs' motion to quash averments in City of Seattle's answer and dismiss counterclaim [27-1], [27-2] (AF) Modiﬁed on 08/02/2002 (Entered: 08/02/2002)

08/02/2002

29 PRAECIPE: by plaintiff re: motion to dismiss counterclaim [27-2], motion to quash averments in City of Seattle's answer [27-1], declaration [28-1], order lodged [0-0] (AF) (Entered: 08/05/2002)

08/16/2002

30 AFFIDAVIT OF SERVICE by plaintiff re: pltf's ﬁrst interrogatories and requests for production etc (MD) (Entered: 08/19/2002)

08/19/2002

31 MEMORANDUM by defendant Seattle City of in opposition to motion to quash averments in City of Seattle's answer [27-1] (MD) (Entered: 08/20/2002)

08/30/2002

32 NOTICE by King County defts' ﬁrst request for admission to pltf Jasmine Marie Wells and answers thereto (MD) (Entered: 09/04/2002)

08/30/2002

33 OBJECTIONS by plaintiff to deft King County's requests for admissions to Jasmine Wells (MD) (Entered: 09/04/2002)

09/06/2002

34 MOTION by plaintiff to either advance or continue trial date NOTED FOR 9/17/02 (MD) (Entered: 09/09/2002)

09/06/2002 35 DECLARATION of Jasmine Marie Wells re motion to either advance or continue trial

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date [34-1] (MD) (Entered: 09/09/2002)

09/06/2002

36 DECLARATION of Theodore Spearman re motion to either advance or continue trial date [34-1] (MD) (Entered: 09/09/2002)

09/06/2002

LODGED ORDER: re: motion to either advance or continue trial date [34-1] (MD) (Entered: 09/09/2002)

09/06/2002

37 MOTION by plaintiff to amend complaint NOTED FOR 9/17/02 (MD) (Entered: 09/09/2002)

09/06/2002

38 DECLARATION of Theodore Spearman re motion to amend complaint [37-1] (MD) (Entered: 09/09/2002)

09/06/2002

LODGED ORDER: re: motion to amend complaint [37-1] (MD) (Entered: 09/09/2002)

09/11/2002

39 RESPONSE by defendant Seattle City of to pltf's motion to either advance or continue trial date [34-1] (MD) (Entered: 09/12/2002)

09/11/2002

40 RESPONSE by defendant to pltf's motion to amend complaint [37-1] (MD) (Entered: 09/12/2002)

09/12/2002

41 RESPONSE by defendant King County to pltfs' motion to either advance or continue trial date [34-1] (MD) (Entered: 09/13/2002)

09/12/2002

42 RESPONSE by defendant King County to pltfs' motion to amend complaint [37-1] (MD) (Entered: 09/13/2002)

09/12/2002

43 AFFIDAVIT OF SERVICE by defendant King County of motion response [41-1] et al (MD) (Entered: 09/13/2002)

09/13/2002

LODGED ORDER: stipulation and order re: class certiﬁcation motion (MD) (Entered: 09/16/2002)

09/17/2002

44 NOTICE of Unavailability of counsel Theodore F Spearman for counter-defendant Brian Walton from 10/11/02 to 10/25/02 (MD) (Entered: 09/18/2002)

09/17/2002

45 STIPULATION and ORDER by Judge Marsha J. Pechman extending ddl for pltf Wells' motion for ﬁling a certiﬁcation of its proposed class to 1/15/03 (cc: counsel, Judge) (VK) (Entered: 09/18/2002)

09/25/2002

46 ORDER by Judge Marsha J. Pechman DENYING pltfs' motion to quash averments in City of Seattle's answer [27-1], STRIKING motion to dismiss counterclaim as moot [272]. Deft's motion to dismiss its counterclaim for malicious prosecution is Granted. (cc: counsel, Judge) (MD) (Entered: 09/26/2002)

10/08/2002

47 MINUTE ORDER: by Judge Marsha J. Pechman GRANTING motion to either advance or continue trial date to Oct 6, 2003 at 9:00 a.m. [34-1] (cc: counsel, Judge) (MD) (Entered: 10/09/2002)

10/08/2002

48 AMENDED ORDER SETTING TRIAL and RELATED DATES by Judge Pechman: Jury trial set for 10/6/03 ; Deadline to Join Additional Parties is 11/5/02 Disclosure of expert testimony due: 4/9/03 ; Motion ﬁling ddl 5/9/03 ; Discovery deadline set for 6/9/03 ; Dispositive Motions to be ﬁled by 7/8/03 ; Settlement conf. per CR 39.1(c)(2) by 8/7/03 ; 39.1 designation effective 9/5/03 ; Motions in Limine deadline 9/8/03 ; Agreed Pretrial Order set for 9/24/03 ; Pretrial Conference set for 10:00 9/26/03 ; Trial brief and exhibits to be submitted by 10/1/03 ; Proposed Voir dire/jury instructions 10/1/03 ; (cc: counsel, Judge) Length of trial: 5 (MD) (Entered: 10/09/2002)

10/11/2002

49 MOTION by defendant King County for protective order, Oral argument requested NOTED FOR 11/15/02 (MD) (Entered: 10/15/2002)

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?438850987295139-L_1_0-1

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10/17/2002
10/26/2002 10/31/2002 10/31/2002 10/31/2002 10/31/2002 11/01/2002

WAWD CM/ECF Version 1.3
50 DECLARATION of Gretchen Graham Salazar re motion for protective order, Oral argument requested [49-1] (MD) (Entered: 10/15/2002)
51 DECLARATION of Captain Roberta Justus re motion for protective order, Oral argument requested [49-1] (MD) (Entered: 10/15/2002)
52 AFFIDAVIT OF SERVICE by defendant of motion for protective order, Oral argument requested [49-1] (MD) (Entered: 10/15/2002)
LODGED ORDER: re: motion for protective order, Oral argument requested [49-1] (MD) (Entered: 10/15/2002)
53 ORDER by Judge Marsha J. Pechman GRANTING pltfs' motion to amend complaint [37-1] (cc: counsel, Judge) (CL) (Entered: 10/15/2002)
54 MOTION by defendant Steve Thompson, defendant Jim Allen for summary judgment on the basis of qualiﬁed immunity, Oral Argument NOTED FOR 11/15/02 (MD) (Entered: 10/18/2002)
55 DECLARATION of David D Swartling re motion for summary judgment on the basis of qualiﬁed immunity, Oral Argument [54-1] Exhibit A (under seal) (MD) (Entered: 10/18/2002)
56 DECLARATION of Steve Thompson re motion for summary judgment on the basis of qualiﬁed immunity, Oral Argument [54-1] (MD) (Entered: 10/18/2002)
57 DECLARATION of Arthur M Wallenstein re motion for summary judgment on the basis of qualiﬁed immunity, Oral Argument [54-1] (MD) (Entered: 10/18/2002)
58 DECLARATION of Captain Roberta Justus re motion for summary judgment on the basis of qualiﬁed immunity, Oral Argument [54-1] (MD) (Entered: 10/18/2002)
LODGED ORDER: re: motion for summary judgment on the basis of qualiﬁed immunity, Oral Argument [54-1] (MD) (Entered: 10/18/2002)
59 AFFIDAVIT OF SERVICE by defendant Steve Thompson, defendant Jim Allen of motion for summary judgment on the basis of qualiﬁed immunity, Oral Argument [54-1] (MD) (Entered: 10/18/2002)
60 STIPULATION and ORDER by Judge Marsha J. Pechman to extend cutoff to join additional parties. Deadline to Join Additional Parties is 12/6/02 ; (cc: counsel, Judge) (dktclk) (Entered: 10/18/2002)
61 AMENDED COMPLAINT (second) by plaintiff Jasmine Marie Wells, plaintiff Brian Walton ; jury demand (MD) (Entered: 10/29/2002)
62 MOTION by defendant Seattle City of for summary judgment of claims NOTED FOR 11/22/02 (MD) (Entered: 11/01/2002)
63 DECLARATION of David Onsager re motion for summary judgment of claims [62-1] (MD) (Entered: 11/01/2002)
64 DECLARATION of Eric Sano re motion for summary judgment of claims [62-1] (MD) (Entered: 11/01/2002)
LODGED ORDER: re: motion for summary judgment of claims [62-1] (MD) (Entered: 11/01/2002)
65 ANSWER to second amended complaint [61-1] by defendant King County, defendant Steve Thompson, defendant Jim Allen; jury demand (MD) (Entered: 11/04/2002)

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?438850987295139-L_1_0-1

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11/18/2002 11/18/2002 11/18/2002 11/18/2002

WAWD CM/ECF Version 1.3
66 NOTICE by plaintiff of taking depo of Chief Gil Kerlikowske on 11/19/02 at 9:00 a.m. (MD) (Entered: 11/07/2002)
67 NOTICE by plaintiff of taking depo of Captain Dan Oliver on 11/21/02 at 9:00 a.m. (MD) (Entered: 11/07/2002)
68 RESPONSE by plaintiff to Deft King County's motion for protective order, Oral argument requested [49-1] (MD) (Entered: 11/13/2002)
69 DECLARATION of Fred Diamondstone re: motion response [68-1] (exhibit 3 under seal) (MD) (Entered: 11/13/2002)
LODGED ORDER: re: motion for protective order [68-1] (MD) (Entered: 11/13/2002)
70 AFFIDAVIT OF SERVICE by plaintiff of motion response [68-1] (MD) (Entered: 11/13/2002)
71 RESPONSE by plaintiff to defts Thompson and Allens' motion for summary judgment on the basis of qualiﬁed immunity, Oral Argument [54-1] (MD) (Entered: 11/13/2002)
72 DECLARATION of Heather Caraway re: motion response [71-1] (MD) (Entered: 11/13/2002)
73 DECLARATION of Franchezska Zamora re: motion response [71-1] (MD) (Entered: 11/13/2002)
74 DECLARATION of Fred Diamondstone re: motion response [71-1] (exhibits 1,2,3,7 are under seal) (MD) (Entered: 11/13/2002)
LODGED ORDER: re: denying defts Thompson's and Allen's motion for sj [71-1] (MD) (Entered: 11/13/2002)
75 AFFIDAVIT OF SERVICE by plaintiff of motion response [71-1] (MD) (Entered: 11/13/2002)
76 REPLY by defendants re: in support of motion of defts Thompson and Allen for sj on the basis of qualiﬁed immunity, Oral argument requested [54-1] (MD) (Entered: 11/15/2002)
77 DECLARATION of Kristofer Bundy re: reply [76-1] (MD) (Entered: 11/15/2002)
78 REPLY by defendant King Cty WA re: in support of motion for protective order [49-1] (MD) (Entered: 11/15/2002)
79 AFFIDAVIT OF SERVICE by defendant of reply [76-1] et al (MD) (Entered: 11/15/2002)
LODGED ORDER: stipulated motion and order to seal Exhibit A to 10/31/02 decl. of Onsager in support of deft City of Seattle's motion for summary judgment (VK) (Entered: 11/19/2002)
80 RESPONSE by plaintiff to motion for summary judgment of claims [62-1] (VK) (Entered: 11/19/2002)
81 DECLARATION of Brian Walton by plaintiff re: motion response [80-1] (VK) (Entered: 11/19/2002)
LODGED ORDER: re: denying motion for summary judgment of claims [62-1] (VK) (Entered: 11/19/2002)
82 AFFIDAVIT OF SERVICE by plaintiff motion response [80-1] etc. (VK) (Entered: 11/19/2002)

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?438850987295139-L_1_0-1

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12/20/2002 12/20/2002 12/30/2002
01/06/2003
01/14/2003 01/28/2003 01/28/2003

WAWD CM/ECF Version 1.3
83 Supplemental DECLARATION of David Onsager by defendant Seattle City of re motion for summary judgment of claims [62-1] (VK) (Entered: 11/19/2002)
84 DECLARATION of Theodore Spearman by plaintiff re: motion response [80-1] (VK) (Entered: 11/19/2002)
85 STIPULATION and ORDER by Judge Marsha J. Pechman to seal exhibit A to Oct 3l, 2002 Declaration of Onsager in support of deft City of Seattle's motion for sj (cc: counsel, Judge) (MD) (Entered: 11/21/2002)
86 REPLY by defendant Seattle City of re: in support of motion for sj dismissal of claims [62-1] (MD) (Entered: 11/22/2002)
87 DECLARATION of David Onsager re: reply [86-1] (MD) (Entered: 11/22/2002)
88 PROTECTIVE ORDER (stipulated) by Judge Marsha J. Pechman : [49-1] (cc: counsel, Judge) (MD) (Entered: 12/03/2002)
89 MOTION by plaintiff to amend complaint and joint party deft NOTED FOR 12/27/02 (MD) (Entered: 12/09/2002)
90 DECLARATION of Theodore Spearman re motion to amend complaint and joint party deft [89-1] (MD) (Entered: 12/09/2002)
LODGED ORDER: re: motion to amend complaint and joint party deft [89-1] (MD) (Entered: 12/09/2002)
91 AFFIDAVIT OF SERVICE by plaintiff of motion to amend complaint and joint party deft [89-1] (MD) (Entered: 12/09/2002)
92 NOTICE by plaintiff of taking depo of Gene Lawson on 11/20/02 at 10:00a.m. (MD) (Entered: 12/13/2002)
93 RESPONSE/NOTICE OF RELEVANT AUTHORITY PERTINENT by plaintiff re: to deft City of Seattle's motion for summary judgment of claims [62-1] (MD) (Entered: 12/19/2002)
94 RESPONSE by defendant Seattle City of to pltfs' motion to amend complaint and joint party deft [89-1] (MD) (Entered: 12/23/2002)
95 RESPONSE by defendant to pltfs' notice of relevant authority (MD) (Entered: 12/23/2002)
96 MINUTE ORDER by Judge Marsha J. Pechman: Settlement Conference is scheduled for 1/2/03 before the Honorable Magistrate Judge J Kelley Arnold (cc: counsel, MJP, JKA) (AF) (Entered: 12/31/2002)
97 MINUTE ORDER: by Magistrate Judge J. K. Arnold - RE: Settlement Conference held on 1/2/03 before JKA. Parties reached an agreement which was memorialized in writing. The agreement is subject to the approval of MJP. (cc: counsel, Judge) (MD) (Entered: 01/08/2003)
98 MINUTE ORDER: by Judge Marsha J. Pechman ; parties will ﬁle a settlement document in this matter ddl set for 1/21/03 (cc: counsel, Judge) (MD) (Entered: 01/15/2003)
99 MOTION (joint) for order to approve settlement NOTED FOR 1/28/03 (MD) (Entered: 01/29/2003)
100 DECLARATION of Fred Diamondstone re motion for order to approve settlement [99-1] (MD) (Entered: 01/29/2003)

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?438850987295139-L_1_0-1

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02/05/2003

WAWD CM/ECF Version 1.3
101 DECLARATION of David D Swartling re motion for order to approve settlement [99-1] (MD) (Entered: 01/29/2003)
102 ORDER by Judge Marsha J. Pechman GRANTING motion for order to approve settlement [99-1]. The claims of Jasmine Marie Wells and Brian Walton are dismissed without prejudice and without costs. The potential claims of any putative class members in this case are dismissed without prejudice and without costs. (cc: counsel, Judge, Eileen) (MD) (Entered: 02/05/2003)

https://ecf.wawd.uscourts.gov/cgi-bin/DktRpt.pl?438850987295139-L_1_0-1

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