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Case Name Rust v. Western State Hospital PB-WA-0004
Docket / Court 3:00-cv-05749 ( W.D. Wash. )
State/Territory Washington
Case Type(s) Disability Rights-Pub. Accom.
Public Benefits / Government Services
Special Collection Olmstead Cases
Attorney Organization Legal Services/Legal Aid
Case Summary
On December 20, 2002, individuals with mental illnesses confined at the Center for Forensic Services (CFS) at Western State Hospital (WSH) filed a lawsuit under the Americans with Disabilities Act against various hospital and state officials in the United States District Court for the Western ... read more >
On December 20, 2002, individuals with mental illnesses confined at the Center for Forensic Services (CFS) at Western State Hospital (WSH) filed a lawsuit under the Americans with Disabilities Act against various hospital and state officials in the United States District Court for the Western District of Washington. Plaintiffs, represented by Disability Rights Washington, asked the court for injunctive relief to protect them from harm. Specifically, Plaintiffs claimed that Defendants had denied them minimally adequate treatment, and psychiatric, medical, and dental care.

On February 2, 2001, the Court (Judge Robert J. Bryan) issued an agreed order for class certification. The class consisted of: all individuals (1) who currently are residents of the Center for Forensic Services at Western State Hospital and (2) who will be committed to the Center for Forensic Services at Western State Hospital in the future.

On April 31, 2001, the Court issued an order detailing Plaintiffs' relief. Defendants were required to provide the class with, among other things: (1) constitutionally minimally adequate protection from harm and adequate and timely dental and medical care; (2) freedom from unnecessary restraint; (3) adequate discharge planning; (4) privacy; and, (5) services, care, and treatment in the most integrated setting. The parties were to establish a Monitoring Committee to oversee the implementation of the order. Defendants were to bear the costs and fees of the Monitoring Committee, and would reimburse Plaintiffs for reasonable attorneys' fees and costs.

The Court approved the parties' partial settlement [described above] on May 25, 2001.

The Court granted a preliminary injunction on July 9, 2001. The parties had previously reached partial settlement, resolving a majority of the issues. The remaining issues involve the provision of minimally adequate treatment and the adequacy of staff to provide that treatment. The Court found that Defendants' newly implemented "active treatment program" failed to meet the constitutional minimal standard because it was not meaningfully individualized and not provided to all members of the class. Thus, the Court found that a preliminary injunction was necessary because Plaintiffs showed a likelihood of success on the merits and had raised serious questions about the constitutional adequacy of Defendants' program. Further, the Court found that staff levels were inadequate to require the required care.

On August 14, 2001, the Court granted the parties' joint motion for approval and issued an order requiring Defendants to timely commence implementation of the provisions of the order. Among other things, the Order provided for: establishment and oversight of a monitoring committee; dispute resolution and enforcement; class notice; and, attorneys' fees and costs.

The Court (Magistrate Judge J. Kelley Arnold) issued a Report and Recommendation on September 10, 2001 recommending that the Court approved the parties' proposed order approving the settlement agreement. The Court approved the parties' settlement agreement on September 28, 2001.

The Court issued a release and stipulated order dismissing Plaintiffs' petitions for attorneys' fees on October 17, 2002. Defendants agreed to pay more than $500,000 in attorneys' fees and costs, and Plaintiffs released any additional claims for attorneys' expenses.

The Court issued an amended order based on the monitoring committee's report on November 19, 2004.

The case has been closed, and there has been no additional litigation.

Haley Waller - 05/11/2011


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Issues and Causes of Action
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Issues
Benefit Source
Medicaid
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) SecreWashington Department of Social and Health Services
Western State Hospital
Plaintiff Description Individuals with mental illness confined at Western State Hospital's Center for Forensic Services
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2004
Case Ongoing No
Docket(s)
3:00-cv-05749-RJB (W.D. Wash.) 03/24/2008
PB-WA-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
DEFENDANTS' ANSWER TO PLAINTIFFS' CLASS ACTION CIVIL RIGHTS COMPLAINT 01/30/2001
PB-WA-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
AGREED ORDER FOR CLASS CERTIFICATION 02/02/2001 (W.D. Wash.)
PB-WA-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER 04/13/2001 (W.D. Wash.)
PB-WA-0004-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Points and Authorities In Support of Joint Motion For Approval of Partial Settlement 05/18/2001
PB-WA-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Approving Partial Settlement 05/25/2001 (W.D. Wash.)
PB-WA-0004-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANTS' SUPPLEMENTAL RESPONSE TO PLAINTIFFS' MOTION FOR PRELIMINARY RELIEF 06/04/2001
PB-WA-0004-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
PLAINTIFFS' SUPPLEMENT TO MOTION FOR PRELIMINARY INJUNCTION 06/11/2001
PB-WA-0004-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER GRANTING A PRELIMINARY INJUNCTION 07/09/2001 (W.D. Wash.)
PB-WA-0004-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER 08/14/2001 (W.D. Wash.)
PB-WA-0004-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
JOINT MOTION FOR APPROVAL OF SETTLEMENT 08/24/2001
PB-WA-0004-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF JOINT MOTION FOR APPROVAL OF SETTLEMENT 08/24/2001
PB-WA-0004-0011.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
REPORT AND RECOMMENDATION 09/10/2001
PB-WA-0004-0012.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
ORDER 09/28/2001 (W.D. Wash.)
PB-WA-0004-0013.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
RELEASE AND STIPULATED ORDER DISMISSING PLAINTIFFS' PETITIONS FOR ATTORNEYS' FEES 10/17/2002 (W.D. Wash.)
PB-WA-0004-0014.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
AMENDED ORDER 11/19/2004 (W.D. Wash.)
PB-WA-0004-0015.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Arnold, J. Kelley (W.D. Wash.) [Magistrate]
PB-WA-0004-0012 | PB-WA-0004-9000
Bryan, Robert Jensen (W.D. Wash.)
PB-WA-0004-0002 | PB-WA-0004-0003 | PB-WA-0004-0005 | PB-WA-0004-0008 | PB-WA-0004-0009 | PB-WA-0004-0013 | PB-WA-0004-0014 | PB-WA-0004-0015 | PB-WA-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Dorfman, Deborah A. (Washington)
PB-WA-0004-0002 | PB-WA-0004-0003 | PB-WA-0004-0004 | PB-WA-0004-0005 | PB-WA-0004-0007 | PB-WA-0004-0010 | PB-WA-0004-0011 | PB-WA-0004-0013 | PB-WA-0004-0014 | PB-WA-0004-0015 | PB-WA-0004-9000
Gray, Marvin Lee Jr. (Washington)
PB-WA-0004-0003 | PB-WA-0004-0004 | PB-WA-0004-0005 | PB-WA-0004-9000
Defendant's Lawyers Anderson, Pamela H. (Washington)
PB-WA-0004-0001 | PB-WA-0004-0002 | PB-WA-0004-0003 | PB-WA-0004-0004 | PB-WA-0004-0005 | PB-WA-0004-0006 | PB-WA-0004-0010 | PB-WA-0004-0013 | PB-WA-0004-0014 | PB-WA-0004-0015 | PB-WA-0004-9000
Gregoire, Christine O. (Washington)
PB-WA-0004-0001 | PB-WA-0004-0002 | PB-WA-0004-0004 | PB-WA-0004-0005 | PB-WA-0004-0006 | PB-WA-0004-9000
Ryan, Terrence James (Washington)
PB-WA-0004-0001 | PB-WA-0004-9000
Other Lawyers None on record

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