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Case Name Brawley v. State of Washington PC-WA-0021
Docket / Court 3:09-cv-05382 ( W.D. Wash. )
State/Territory Washington
Case Type(s) Prison Conditions
Case Summary
On June 25, 2009 the plaintiff, a former female prisoner, filed suit against the State of Washington, the Washington State Department of Corrections, the Washington Corrections Center for Women, and several correctional officers in the United States District Court for the Western District of ... read more >
On June 25, 2009 the plaintiff, a former female prisoner, filed suit against the State of Washington, the Washington State Department of Corrections, the Washington Corrections Center for Women, and several correctional officers in the United States District Court for the Western District of Washington. She alleged violations of 42 U.S.C. § 1983, the Eighth and Fourteenth Amendments, and the Washington State Constitution. The suit arose from the treatment of her when she gave birth while incarcerated. She alleged that in violation of prison policy she had been shackled throughout labor and after she had given birth. She was only unshackled for an emergency cesarean section and was immediately shackled again after surgery. She sought declaratory relief, damages, and attorney's fees and costs for her great emotional and physical pain.

As the suit proceeded, all individually named defendants were dismissed with the exception of two correctional officers. The plaintiff indicated she would no longer seek declaratory relief against the State of Washington and acknowledged that the Eleventh Amendment precluded her from recovering damages against the state of any state agencies. On May 3, 2010 the court (Judge Robert Jensen Bryan) issued an order concerning cross-motions for summary judgment. The plaintiff's motion for summary judgment was denied, the officers' claim of qualified immunity was denied, and the defendants' motion for summary judgment was granted in part and denied in part. The case came to a close on May 7, 2010 when the court (Judge Bryan) entered a stipulated order dismissing all remaining claims against all defendants after the parties reached a settlement. The details of the settlement are not known.

Michael Perry - 04/16/2011


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Issues and Causes of Action
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Issues
General
Restraints : physical
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
State Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Correctional Officer Brydee Glasco
Correctional Officer Herbert Joy
Correctional Officer Leah Eason
State of Washington
Washington Corrections Center for Women
Washington State Department of Corrections
Plaintiff Description Female prisoner who gave birth while incarcerated.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2010
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
3:09−cv−05382 (W.D. Wash.) 12/21/2010
PC-WA-0021-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/25/2009
PC-WA-0021-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Damages and Declaratory Relief 10/30/2009
PC-WA-0021-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
STIPULATED MOTION TO FILE AMENDED MOTION FOR SUMMARY JUDGMENT AND TO SEAL PREVIOUSLY-FILED MOTION FOR SUMMARY JUDGMENT AND PROPOSED ORDER 03/29/2010
PC-WA-0021-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order on Cross Motions for Summary Judgment 05/03/2010 (712 F.Supp.2d 1208) (W.D. Wash.)
PC-WA-0021-0004.pdf | WESTLAW| LEXIS | External Link | Detail
Stipulation and Order of Dismissal as to all Claims and all Remaining Defendants 05/07/2010 (W.D. Wash.)
PC-WA-0021-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bryan, Robert Jensen (W.D. Wash.)
PC-WA-0021-0002 | PC-WA-0021-0004 | PC-WA-0021-0006 | PC-WA-0021-9000
Monitors/Masters None on record
Plaintiff's Lawyers Ainsworth, Sara (Washington)
PC-WA-0021-0001 | PC-WA-0021-0002 | PC-WA-0021-0006 | PC-WA-0021-9000
Popp, Ana M. (Washington)
PC-WA-0021-0005 | PC-WA-0021-9000
Rosato, Ann Heacox (Washington)
PC-WA-0021-0005 | PC-WA-0021-9000
Wampold, Michael Simon (Washington)
PC-WA-0021-0001 | PC-WA-0021-0002 | PC-WA-0021-0005 | PC-WA-0021-0006 | PC-WA-0021-9000
Defendant's Lawyers Andrews, Gary E. (Washington)
PC-WA-0021-0002 | PC-WA-0021-0006 | PC-WA-0021-9000
Other Lawyers None on record

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