Case: Farris v. Franklin County

4:14-cv-05083 | U.S. District Court for the Eastern District of Washington

Filed Date: Aug. 2, 2014

Closed Date: Dec. 13, 2019

Clearinghouse coding complete

Case Summary

On August 2, 2014, detainees at the Franklin County Jail filed a lawsuit in the U.S. District Court for the Eastern District of Washington under 42 U.S.C. § 1983 against Franklin County. The plaintiffs, represented by Columbia Legal Services, claimed that jail officials’ excessive use of force and the jail’s squalid living conditions violated the First, Eighth, and Fourteenth Amendments. They asked the Court to preliminarily and permanently enjoin the County from permitting such abuses.Specific…

On August 2, 2014, detainees at the Franklin County Jail filed a lawsuit in the U.S. District Court for the Eastern District of Washington under 42 U.S.C. § 1983 against Franklin County. The plaintiffs, represented by Columbia Legal Services, claimed that jail officials’ excessive use of force and the jail’s squalid living conditions violated the First, Eighth, and Fourteenth Amendments. They asked the Court to preliminarily and permanently enjoin the County from permitting such abuses.

Specifically, the plaintiffs alleged that jail staff regularly utilized restraint chairs and chained detainees to fixed objects for long periods of time, pepper sprayed detainees without cause or proper supervision, and locked detainees in segregation or isolation without cause and in inhumane conditions for up to 23 hours per day. The plaintiffs also claimed that jail officials seized detainees’ property without notice or cause, denied detainees outdoor exercise, and prohibited detainees from visiting with friends and family. Furthermore, the plaintiffs alleged that the County did not provide any educational services, programming, or religious services for detainees. As a result, the plaintiffs suffered emotional, physical and psychological injuries.

On August 5, 2014, the plaintiffs moved for a temporary restraining order barring the County from chaining detainees to fixed objects. Judge Stanley A. Bastian denied the motion, finding that the plaintiffs failed to make an adequate showing of immediate irreparable harm and because they sought to alter, rather than preserve, the status quo.

On January 12, 2015, Judge Bastian referred the case to Magistrate Judge James P. Hutton for a settlement conference. Then, on December 16, 2015, Judge Bastian referred the case to Magistrate Judge John T. Rodgers for a settlement conference.

On February 12, 2016, both parties filed a joint motion to stay further proceedings in the litigation. The parties had come to a settlement agreement on February 5, 2016, that was confirmed by Magistrate Judge Rogers. On March 16, 2016, Judge Bastian granted the joint motion.

On March 28, 2016, the plaintiffs filed a motion to certify a class for the purposes of settlement and for preliminary approval of settlement. They requested that the court certify a settlement class defined as “All individuals who are now, or in the future will be, detained in the Franklin County Correctional Center during the term of the parties’ Settlement Agreement.”

The settlement agreement required a three year term during which the defendant would be monitored by an independent third party to ensure compliance. The agreement required the defendant to hire additional staff, enter into a new contract for medical services, renovate and repair parts of the jail, adopt new policies, end a 23-hour lockdown policy and other practices, and train jail staff on these new policies and procedures. The court retained jurisdiction to enforce the settlement. Plaintiffs would be awarded reasonable attorneys’ fees and costs as well.

On April 28, 2016, Judge Bastian granted the joint motion to certify the class.

On July 8, 2016, the plaintiffs filed a motion for settlement requesting final approval, which the court granted on July 21, 2016. A few months later, Judge Bastian appointed Phillip Stanley as the monitor for the settlement agreement.

On December 13, 2016, the court granted a joint motion to award plaintiffs’ attorneys’ fees and costs, accepting the $400,557.66 as reasonable.

After three years of monitored compliance with the settlement, the agreement expired, and the court dismissed the case with prejudice on December 13, 2019. This case is now closed.

Summary Authors

Nate West (10/15/2014)

Jake Parker (5/23/2018)

Alex Moody (5/26/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5539959/parties/farris-v-franklin-county/


Judge(s)

Bastian, Stanley Allen (Washington)

Attorney for Plaintiff

Carlson, David R. (Washington)

Garcia, Maria Diana (Washington)

Guy, Anna Catherine (Washington)

Attorney for Defendant

Dickerson, Timothy E (Washington)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

4:14-cv-05083

Docket [PACER]

Dec. 23, 2019

Dec. 23, 2019

Docket
1

4:14-cv-05083

Complaint

Aug. 2, 2014

Aug. 2, 2014

Complaint
6

4:14-cv-05083

Order Denying Plaintiffs' Motion for Temporary Restraining Order

Aug. 5, 2014

Aug. 5, 2014

Order/Opinion
21

4:14-cv-05083

Amended Complaint

Aug. 29, 2014

Aug. 29, 2014

Complaint
23

4:14-cv-05083

Order Denying Plaintiffs' Motion for Reconsideration Re: TRO

Sept. 8, 2014

Sept. 8, 2014

Order/Opinion

2014 WL 2014

50

4:14-cv-05083

Supplemental Complaint

April 2, 2015

April 2, 2015

Complaint
89

4:14-cv-05083

Joint Status Report and Motion for Stay of Proceedings

Feb. 12, 2016

Feb. 12, 2016

Pleading / Motion / Brief
90

4:14-cv-05083

Order Granting Motion for Stay of Proceedings

March 16, 2016

March 16, 2016

Order/Opinion
91

4:14-cv-05083

Plaintiff's Motion for Class Certification, Preliminary Approval of Proposed Class Action Settlement, and Approval of Notice to Class

March 28, 2016

March 28, 2016

Pleading / Motion / Brief
94

4:14-cv-05083

Order Granting Class Certification and Preliminary Approval of Class Settlement

April 28, 2016

April 28, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5539959/farris-v-franklin-county/

Last updated Feb. 11, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief Against All Defendants against All Plaintiffs ( Filing fee $ 400; Receipt # 0980−1877712) Filed by Teresa Farris. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Franklin County, # 3 Summons Sheriff Richard Lathim, # 4 Summons Captain Rick Long, # 5 Plaintiffs' Motion for a Temporary Restraining Order Re: Restraints, # 6 Exhibit TRO Exhibit 1, # 7 Exhibit TRO Exhibit 1, Attachment A, # 8 Exhibit TRO Exhibit 1, Attachment B, # 9 Exhibit TRO Exhibit 1, Attachment C, # 10 Exhibit TRO Exhibit 1, Attachment D, # 11 Exhibit TRO Exhibit 2, # 12 Exhibit TRO Exhibit 3, # 13 Exhibit TRO Exhibit 4, # 14 Exhibit TRO Exhibit 5, # 15 Exhibit TRO Exhibit 5, Attachment A, # 16 Exhibit TRO Exhibit 5, Attachment B, # 17 Exhibit TRO Exhibit 5, Attachment C, # 18 Text of Proposed Order TRO Proposed Order)(Straley, Nicholas) (Entered: 08/02/2014)

Aug. 2, 2014

Aug. 2, 2014

Notice of Judge Assignment. Judge Stanley A Bastian assigned to case. (VR, Courtroom Deputy) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

2

Summons Issued as to Captain Rick Long, Franklin County, Richard Lathim. (Attachments: # 1 Lathim Summons, # 2 Long Summons)(VR, Courtroom Deputy) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

3

Praecipe filed by All Plaintiffs : Re 1 Complaint,,,. Description: Signed signature page added to the complaint.. (Attachments: # 1 Errata Corrected Class Action Complaint for Injunctive and Declaratory Relief)(Lee, Melissa) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

4

MOTION for Temporary Restraining Order re: Restraints by All Plaintiffs. Motion Hearing set for 9/3/2014 at 06:30 PM in Telephonic Argument before Judge Stanley A Bastian. (Attachments: # 1 Exhibit, # 2 Exhibit Ex. 1, Attachment A, # 3 Exhibit Ex. 1, Attachment B, # 4 Exhibit Ex. 1, Attachment C, # 5 Exhibit Ex. 1, Attachment D, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit Ex. 5, Attachment A, # 11 Exhibit Ex. 5, Attachment B, # 12 Exhibit Ex. 5, Attachment C, # 13 Text of Proposed Order)(Lee, Melissa) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

5

MOTION to Expedite HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER RE: RESTRAINTS by All Plaintiffs. Motion Hearing set for 8/11/2014 at 06:30 PM in Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Lee, Melissa) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

6

ORDER DENYING PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER - denying 4 Motion for TRO; and granting 5 Motion to Expedite. Signed by Judge Stanley A Bastian. (CC, Case Administrator)

Aug. 5, 2014

Aug. 5, 2014

RECAP
8

Summons Issued as to Franklin County Auditor, Matt Beaton. (CC, Case Administrator) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

9

Errata filed by All Plaintiffs : Re 4 MOTION for Temporary Restraining Order re: Restraints Corrected p. 2 to the Decl. of Nicholas B. Straley . (Straley, Nicholas) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

10

MOTION for Reconsideration of the Court's Order Denying Plaintiffs' Motion for a Temporary Restraining Order by All Plaintiffs. Motion Hearing set for 9/8/2014 at 06:30 PM in Yakima before Judge Stanley A Bastian. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 1, Attachment 1, # 3 Exhibit Ex. 1, Attachment 2, # 4 Exhibit Ex. 1, Attachment 3, # 5 Exhibit Ex. 1, Attachment 4, # 6 Text of Proposed Order)(Straley, Nicholas) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

11

NOTICE of Appearance by William Dale Kamerrer on behalf of Captain Rick Long, Franklin County, Richard Lathim (Attorney William Dale Kamerrer added to party Captain Rick Long(pty:dft), Attorney William Dale Kamerrer added to party Franklin County(pty:dft), Attorney William Dale Kamerrer added to party Richard Lathim(pty:dft))(Kamerrer, William) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

12

Errata filed by All Plaintiffs : Corrected Certificate of Service, p. 9 to Plaintiffs' Motion for Reconsideration . (Straley, Nicholas) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

13

NOTICE of Association of Counsel by John Edward Justice on behalf of Captain Rick Long, Franklin County, Richard Lathim (Attorney John Edward Justice added to party Captain Rick Long(pty:dft), Attorney John Edward Justice added to party Franklin County(pty:dft), Attorney John Edward Justice added to party Richard Lathim(pty:dft))(Justice, John) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

14

SUMMONS Returned Executed by All Plaintiffs re Franklin County. (Straley, Nicholas) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

15

SUMMONS Returned Executed by All Plaintiffs re Franklin County. (Straley, Nicholas) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

16

SUMMONS Returned Executed by All Plaintiffs re Richard Lathim. (Straley, Nicholas) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

17

SUMMONS Returned Executed by All Plaintiffs re Captain Rick Long. (Straley, Nicholas) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

18

RESPONSE to Motion re 10 MOTION for Reconsideration of the Court's Order Denying Plaintiffs' Motion for a Temporary Restraining Order filed by Captain Rick Long, Franklin County, Richard Lathim. (Kamerrer, William) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

19

SEALED DOCUMENT filed by Captain Rick Long, Franklin County, Richard Lathim. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Kamerrer, William) Modified on 1/12/2015 to seal document pursuant to Court's Order, ECF No. 42 (CV, Case Administrator). (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

20

NOTICE of Appearance by Andra Kranzler on behalf of All Plaintiffs (Attorney Andra Kranzler added to party Wardell Braxton(pty:pla), Attorney Andra Kranzler added to party Thomas Eddington(pty:pla), Attorney Andra Kranzler added to party Teresa Farris(pty:pla), Attorney Andra Kranzler added to party Giovanni Kinsey(pty:pla), Attorney Andra Kranzler added to party Paul McVay(pty:pla), Attorney Andra Kranzler added to party Guadelupe Montejano(pty:pla), Attorney Andra Kranzler added to party Frank Murillo(pty:pla), Attorney Andra Kranzler added to party Richard Vinson(pty:pla))(Kranzler, Andra) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

21

First AMENDED COMPLAINT for Injunctive and Declaratory Relief against All Defendants. Filed by Giovanni Kinsey, Richard Vinson, Guadelupe Montejano, Paul McVay, Thomas Eddington, Teresa Farris, Frank Murillo, Wardell Braxton.(Straley, Nicholas) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

23

ORDER DENYING PLAINTIFFS' MOTION FOR RECONSIDERATION RE: TRO - denying 10 Motion for Reconsideration. Signed by Judge Stanley A. Bastian. (CC, Case Administrator)

Sept. 8, 2014

Sept. 8, 2014

RECAP
24

MOTION Require Plaintiffs to Amend the First Amended Complaint to Comply with FRCP 8(a)(1) by Captain Rick Long, Franklin County, Richard Lathim. Motion Hearing set for 10/6/2014 at 06:30 PM in Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Kamerrer, William) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

25

DECLARATION by W. Dale Kamerrer in Support re 24 MOTION Require Plaintiffs to Amend the First Amended Complaint to Comply with FRCP 8(a)(1) filed by All Defendants. (Kamerrer, William) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

26

RESPONSE to Motion re 24 MOTION Require Plaintiffs to Amend the First Amended Complaint to Comply with FRCP 8(a)(1) filed by All Plaintiffs. (Straley, Nicholas) (Entered: 09/25/2014)

Sept. 25, 2014

Sept. 25, 2014

27

ORDER Denying 24 Defendants' Motion to Require Plaintiffs to Amend the First Amended Complaint. Defendants have 14 days to submit their Answer to the First Amended Complaint. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

28

REPLY MEMORANDUM re 24 MOTION Require Plaintiffs to Amend the First Amended Complaint to Comply with FRCP 8(a)(1) filed by All Defendants. (Kamerrer, William) (Entered: 09/29/2014)

Sept. 29, 2014

Sept. 29, 2014

29

NOTICE OF WITHDRAWAL OF COUNSEL by Andra Kranzler on behalf of Plaintiffs Wardell Braxton, Thomas Eddington, Teresa Farris, Giovanni Kinsey, Paul McVay, Guadelupe Montejano, Frank Murillo, Richard Vinson (Kranzler, Andra) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

30

ANSWER to Complaint with jury demand. by Captain Rick Long, Franklin County, Richard Lathim.(Kamerrer, William) (Entered: 10/13/2014)

Oct. 13, 2014

Oct. 13, 2014

31

NOTICE Clarifying Hearing time − By Court: The 10/22/14 telephonic Preliminary Injunction Hearing originally scheduled for 10:30 am is reset to 11:30 am − Text entry;no PDF document. (LMM, Courtroom Deputy) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

32

Docket Annotation − Re Filing Error: 31 NOTICE Clarifying Hearing time inadvertently filed in wrong case. No hearings currently scheduled in this case− By Court (LMM, Courtroom Deputy) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

33

SCHEDULING CONFERENCE NOTICE: Telephonic Scheduling Conference set for 11/19/2014 at 11:30 AM before Judge Stanley A Bastian. (Attachments: # 1 Consent to Magistrate)(LMM, Courtroom Deputy) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

34

Docketed in Wrong Case Letter from Paul McVay to Court Clerk dated 10/18/14 (SMP, Case Administrator) Modified on 10/22/2014 (SMP, Case Administrator). (Entered: 10/22/2014)

Oct. 21, 2014

Oct. 21, 2014

35

Joint Certificate Pursuant to LR 26.1 / LR 16.1 Filed by All Defendants and by All Plaintiffs. (Straley, Nicholas) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

36

NOTICE RESETTING TELEPHONIC SCHEDULING CONFERENCE − Text entry;no PDF document: The telephonic Scheduling Conference currently set for 11/19/14 is reset for 11/24/2014 at 1:30 PM before Judge Stanley A Bastian. Counsel shall call the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code 5083. (LMM, Courtroom Deputy) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

37

ORDER CONTINUING TELEPHONIC SCHEDULING CONFERENCE − Telephonic Scheduling Conference set for 5/6/2015 at 11:30 AM via Telephonic Argument before Judge Stanley A. Bastian. Signed by Judge Stanley A. Bastian. (CC, Case Administrator) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

39

NOTICE of Hearing − Text entry;no PDF document. − By Court: Telephonic Scheduling Conference set for 5/6/2015 at 11:30 AM before Judge Stanley A Bastian. Counsel shall call the Court Conference Line: 1−888−636−3807;Access Code: 8839796; Security Code: 5083. (LMM, Courtroom Deputy) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

40

Joint MOTION for Protective Order Filed by All Defendants and by All Plaintiffs. Motion Hearing set for 1/23/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order)(Straley, Nicholas) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

41

STATUS REPORT by All Defendants. (Attachments: # 1 Text of Proposed Order)(Kamerrer, William) (Entered: 12/30/2014)

Dec. 30, 2014

Dec. 30, 2014

42

PROTECTIVE ORDER; granting 40 Joint MOTION for Protective Order. Signed by Judge Stanley A Bastian. (CV, Case Administrator)

Jan. 12, 2015

Jan. 12, 2015

RECAP
43

ORDER REFERRING CASE to Magistrate Judge James P. Hutton for Settlement Conference. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 01/12/2015)

Jan. 12, 2015

Jan. 12, 2015

44

ORDER Setting Settlement Conference: Settlement Conference set for 4/28/2015 and 4/30/2015 at 09:00 AM in Yakima before Magistrate Judge James P. Hutton. Signed by Magistrate Judge James P. Hutton. (CV, Case Administrator) (Entered: 01/21/2015)

Jan. 21, 2015

Jan. 21, 2015

45

Joint MOTION to Continue to File Joint Status Report by All Plaintiffs. Motion Hearing set for 3/30/2015 Without Oral Argument before Judge Stanley A Bastian. (Isley, Lori) (Entered: 02/28/2015)

Feb. 28, 2015

Feb. 28, 2015

46

ORDER Continuing Joint Status Report Deadline; granting 45 Motion to Continue Deadline. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

47

STATUS REPORT Filed by All Defendants and by All Plaintiffs. (Attachments: # 1 Supplement)(Lee, Melissa) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

48

NOTICE of Hearing − Text entry;no PDF document. − By Court: Discovery Hearing set for 3/18/2015 at 1:30 PM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code: 5083.(LMM, Courtroom Deputy) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

49

Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Discovery Hearing held on 3/18/2015. (Reported/Recorded by: Ronelle F. Corbey) (LMM, Courtroom Deputy) (Entered: 03/19/2015)

March 18, 2015

March 18, 2015

50

SUPPLEMENTAL COMPLAINT submitted by Allah and others not parties in this action (Attachments: # 1 Transmittal Envelope)(CV, Case Administrator) Modified on 4/9/2015 DOCUMENT STRICKEN PER ORDER, ECF NO. 52 (CV, Case Administrator). (Entered: 04/07/2015)

April 2, 2015

April 2, 2015

51

MOTION for Release from False Imprisonment and Slavery filed by Allah (not a party in this action). Motion Hearing set for 5/7/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Transmittal Envelope)(CV, Case Administrator) Modified on 4/9/2015 DOCUMENT STRICKEN PER ORDER, ECF NO. 52 (CV, Case Administrator). (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

52

STANDING ORDER ON NON−PARTY FILINGS; striking 50 Supplemental Complaint and 51 MOTION for Release from False Imprisonment and Slavery. The District Court Clerk shall reject future filings in the above−captioned matter from any non−parties except motions to intervene in accordance with Fed. R. Civ. P. 24(c) or other filings explicitly allowed by court rules. The Clerk shall provide a copy of this order to any person whose filing is rejected. Signed by Judge Stanley A Bastian. (cc: non−party Allah 5% N.O.I w/ECF Nos. 50 and 51)(CV, Case Administrator) (Entered: 04/09/2015)

April 9, 2015

April 9, 2015

54

Second CONSTRUED MOTION for Joinder of Parties filed by non−party Allah 5% N.O.I. Motion Hearing set for 5/20/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Transmittal Envelope)(CV, Case Administrator) (Entered: 04/20/2015)

April 20, 2015

April 20, 2015

55

ORDER Denying Allah, 5% N.O.I.'s Motion for Joinder 53 and 54 . District Court Clerk shall reject any additional filings from Allah, 5% N.O.I. in this case unless explicitly authorized by Federal or Local Rules, or an order from this Court. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 04/21/2015)

April 21, 2015

April 21, 2015

56

NOTICE RESETTING Hearing − Text entry;no PDF document. − By Court: Telephonic Scheduling Conference currently set for 5/6/15 is reset for 5/20/2015 at 11:30 AM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807;Access Code: 8839796; Security Code: 5083. (LMM, Courtroom Deputy) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

57

Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Status Conference held on 5/20/2015. (Reported/Recorded by: Not Reported) (LMM, Courtroom Deputy) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

58

SCHEDULING CONFERENCE NOTICE − Text entry;no PDF document: Telephonic Scheduling Conference set for 6/3/2015 at 1:30 PM in Spokane Courtroom 755, Teleconference before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code: 5083.(LMM, Courtroom Deputy) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

59

STATUS REPORT Filed by All Defendants and by All Plaintiffs. (Lee, Melissa) (Entered: 05/29/2015)

May 29, 2015

May 29, 2015

60

NOTICE by All Defendants of Defense Counsels' Conflict Schedule (Justice, John) (Entered: 06/01/2015)

June 1, 2015

June 1, 2015

61

NOTICE by All Defendants Defense Counsels' Amended Conflict Schedule (Justice, John) (Entered: 06/02/2015)

June 2, 2015

June 2, 2015

62

Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Scheduling Conference held on 6/3/2015. (Reported/Recorded by: Not Reported) (LMM, Courtroom Deputy) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

63

PUTATIVE CLASS ACTION SCHEDULING ORDER. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 06/04/2015)

June 4, 2015

June 4, 2015

64

Joint MOTION to Amend/Correct Putative Class Action Scheduling Order by all Defendants and by All Plaintiffs. Motion Hearing set for 7/17/2015 at 06:30 PM Chambers before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Lee, Melissa) (Entered: 06/15/2015)

June 15, 2015

June 15, 2015

65

AMENDED PUTATIVE CLASS ACTION SCHEDULING ORDER; granting 64 Motion to Amend Scheduling Order. All other dates set forth in the Scheduling Order 63 remain as set. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 06/16/2015)

June 16, 2015

June 16, 2015

66

MOTION to Amend/Correct First Amended Complaint by All Plaintiffs. Motion Hearing set for 8/10/2015 at 06:30 PM Chambers before Judge Stanley A Bastian. (Attachments: # 1 Affidavit Declaration of Counsel in Support, # 2 Exhibit Second Amended Complaint, # 3 Text of Proposed Order)(Lee, Melissa) (Entered: 07/10/2015)

July 10, 2015

July 10, 2015

67

NOTICE of Appearance by Rhona Taylor on behalf of All Plaintiffs (Attorney Rhona Taylor added to party Wardell Braxton(pty:pla), Attorney Rhona Taylor added to party Thomas Eddington(pty:pla), Attorney Rhona Taylor added to party Teresa Farris(pty:pla), Attorney Rhona Taylor added to party Giovanni Kinsey(pty:pla), Attorney Rhona Taylor added to party Paul McVay(pty:pla), Attorney Rhona Taylor added to party Guadelupe Montejano(pty:pla), Attorney Rhona Taylor added to party Frank Murillo(pty:pla), Attorney Rhona Taylor added to party Richard Vinson(pty:pla))(Taylor, Rhona) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

68

NOTICE of Appearance by Madeline N Neighly on behalf of All Plaintiffs (Attorney Madeline N Neighly added to party Wardell Braxton(pty:pla), Attorney Madeline N Neighly added to party Thomas Eddington(pty:pla), Attorney Madeline N Neighly added to party Teresa Farris(pty:pla), Attorney Madeline N Neighly added to party Giovanni Kinsey(pty:pla), Attorney Madeline N Neighly added to party Paul McVay(pty:pla), Attorney Madeline N Neighly added to party Guadelupe Montejano(pty:pla), Attorney Madeline N Neighly added to party Frank Murillo(pty:pla), Attorney Madeline N Neighly added to party Richard Vinson(pty:pla))(Neighly, Madeline) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

69

Joint MOTION to Amend/Correct 65 Order on Motion to Amend/Correct by All Plaintiffs. Motion Hearing set for 8/12/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order proposed order granting joint motion to amend scheduling order, # 2 Affidavit declaration of counsel in support of joint motion to amend scheduling order)(Lee, Melissa) (Entered: 08/05/2015)

Aug. 5, 2015

Aug. 5, 2015

70

ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT AND TO AMEND PARTIES; Disability Rights Washington, Jim Raymond and Stephen Sultemeier added. Captain Rick Long and Richard Lathim terminated; granting 66 MOTION to Amend First Amended Complaint. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

71

SECOND AMENDED PUTATIVE CLASS ACTION SCHEDULING ORDER; granting 69 Motion to Amend Scheduling Order. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

72

NOTICE OF WITHDRAWAL OF COUNSEL by Madeline N Neighly on behalf of Plaintiffs Wardell Braxton, Thomas Eddington, Teresa Farris, Giovanni Kinsey, Paul McVay, Guadelupe Montejano, Frank Murillo, Richard Vinson (Neighly, Madeline) (Entered: 11/02/2015)

Nov. 2, 2015

Nov. 2, 2015

73

Joint MOTION Refer Case to Magistrate Judge for Settlement Conference by all Defendants and by All Plaintiffs. Motion Hearing set for 1/8/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Lee, Melissa) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

74

NOTICE of Hearing − Text entry;no PDF document. − By Court: Telephonic Status Conference set for 12/15/2015 at 3:30 PM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code: 5083.(LMM, Courtroom Deputy) (Entered: 12/11/2015)

Dec. 11, 2015

Dec. 11, 2015

75

Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Motion Hearing held on 12/15/2015 re 73 Joint MOTION Refer Case to Magistrate Judge for Settlement Conference by all Defendants and filed by Teresa Farris, Frank Murillo, Richard Vinson, Wardell Braxton, Thomas Eddington, Guadelupe Montejano, Paul McVay, Giovanni Kinsey. (Reported/Recorded by: Not Reported) (LMM, Courtroom Deputy) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

76

MOTION for Extension of Time to Complete Discovery by All Defendants. Motion Hearing set for 12/15/2015 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Kamerrer, William) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

77

ORDER REFERRING CASE to Magistrate Judge John T. Rodgers for Settlement Conference; granting 73 Joint Motion for Referral to Magistrate Judge for Settlement Conference. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

78

ORDER Granting 76 Agreed Motion to Extend Time for Defense Experts' Reports. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 12/16/2015)

Dec. 16, 2015

Dec. 16, 2015

79

SCHEDULING CONFERENCE NOTICE − Text entry; no PDF document: Telephonic Scheduling Conference set for 12/18/2015 at 10:00 AM before Magistrate Judge John T. Rodgers. Counsel shall be prepared to discuss possible dates for a settlement conference. Counsel are directed to initiate the call to Magistrate Judge Rodgers at (888) 363−4749 Access Code: 6822266 .(MO, Courtroom Deputy) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

80

Minute Entry for TELEPHONIC proceedings held before Magistrate Judge John T. Rodgers: Scheduling Conference held on 12/18/2015. (Reported/Recorded by: Not Reported) (MO, Courtroom Deputy) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

81

ORDER Setting Settlement Conference: Confidential written offer of settlement ddl 1/11/16. Confidential In camera submission ddl 1/21/16. SEE attached PDF of Order. Settlement Conference set for 2/4/2016 09:00 AM in Richland before Judge Stanley A Bastian. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

Set/Reset Deadlines/Hearings: Pursuant to ECF No. 81, Settlement Conference reset for 2/4/2016 at 9:00 AM in Richland Courtroom 189 before Magistrate Judge John T. Rodgers . (LMM, Courtroom Deputy) (Entered: 12/28/2015)

Dec. 28, 2015

Dec. 28, 2015

82

NOTICE: Pursuant to ECF No. 81, the Settlement Conference set for 2/4/2016 at 9:00 AM , shall take place in Room G55, U.S. Courthouse and Federal Building, 825 Jadwin Avenue, Richland, Washington, before Magistrate Judge John T. Rodgers. (KR, Judicial Assistant) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

83

Joint MOTION for Leave to File Excess Pages by all Defendants and by Wardell Braxton, Thomas Eddington, Teresa Farris, Giovanni Kinsey, Paul McVay, Guadelupe Montejano, Frank Murillo, Richard Vinson. Motion Hearing set for 2/16/2016 Without Oral Argument before Magistrate Judge John T. Rodgers. (Attachments: # 1 Text of Proposed Order)(Lee, Melissa) (Entered: 01/14/2016)

Jan. 14, 2016

Jan. 14, 2016

84

ORDER Denying 83 Joint Motion for Extension of Page Limit for Mediation Letter. Signed by Magistrate Judge John T. Rodgers. (CV, Case Administrator) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

85

Joint MOTION for Extension of Time to Complete Discovery by All Defendants. Motion Hearing set for 1/15/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Kamerrer, William) (Entered: 01/15/2016)

Jan. 15, 2016

Jan. 15, 2016

86

ORDER Granting 85 Agreed Motion to Extend Time for Defense Experts' Reports. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

87

Minute Entry for proceedings held before Magistrate Judge John T. Rodgers: Settlement Conference held on 2/4/2016. (Reported/Recorded by: Not Reported) (CV, Case Administrator) (Entered: 02/08/2016)

Feb. 4, 2016

Feb. 4, 2016

88

Minute Entry for proceedings held before Magistrate Judge John T. Rodgers: Settlement Conference − Day 2 held on 2/5/2016. (Reported/Recorded by: Kimberly Allen) (CV, Case Administrator) (Entered: 02/08/2016)

Feb. 5, 2016

Feb. 5, 2016

89

Joint MOTION to Stay and Joint Status Report by all Defendants and by All Plaintiffs. Motion Hearing set for 3/14/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order)(Lee, Melissa) (Entered: 02/12/2016)

Feb. 12, 2016

Feb. 12, 2016

90

ORDER Granting 89 Motion for Stay of Proceedings. The parties shall file a motion for class certification, a motion for approval of a settlement agreement, or a joint status report within sixty days. Signed by Judge Stanley A Bastian. (CV, Case Administrator) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

91

MOTION to Certify Class , for Preliminary Approval of Proposed Class Action Settlement, and Approval of Notice to Class by All Plaintiffs. Motion Hearing set for 4/29/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Affidavit of Counsel Straley, # 5 Affidavit of Counsel Lee, # 6 Affidavit of Counsel Taylor, # 7 Text of Proposed Order)(Lee, Melissa) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

92

RESPONSE to Motion re 91 MOTION to Certify Class , for Preliminary Approval of Proposed Class Action Settlement, and Approval of Notice to Class filed by Disability Rights Washington, Franklin County, Jim Raymond, Stephen Sultemeier. (Kamerrer,

April 20, 2016

April 20, 2016

94

ORDER GRANTING CLASS CERTIFICATION AND PRELIMINARY APPROVAL OF CLASS SETTLEMENT; granting 91 MOTION to Certify Class and for Preliminary Approval of Proposed Class Action Settlement, and Approval of Notice to Class. Final Approval Hearing set for 7/20/2016 at 12:45 PM in Richland Courtroom 189 before Judge Stanley A Bastian. Signed by Judge Stanley A Bastian. (CV, Case Administrator). This Order was AMENDED. See ECF No. 98 . Modified on 6/22/2016 (PL, Case Administrator). (Entered: 04/28/2016)

April 28, 2016

April 28, 2016

95

NOTICE of Hearing − Text entry;no PDF document. − By Court: Telephonic Status Conference set for 6/21/2016 at 3:15 PM before Judge Stanley A Bastian. Counsel may participate by calling the Court Conference Line: 1−888−636−3807; Access Code: 8839796; Security Code: 5083.(LMM, Courtroom Deputy) (Entered: 06/15/2016)

June 15, 2016

June 15, 2016

96

STATUS REPORT filed jointly by all Defendants and by All Plaintiffs. (Lee, Melissa) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

97

Minute Entry for TELEPHONIC proceedings held before Judge Stanley A Bastian: Status Conference held on 6/21/2016. (Reported/Recorded by: Dorene Boyle) (LMM, Courtroom Deputy) (Entered: 06/21/2016)

June 21, 2016

June 21, 2016

98

ORDER AMENDING 94 Order Granting Class Certification and Preliminary Approval of Class Settlement. Signed by Judge Stanley A Bastian. (PL, Case Administrator) (Entered: 06/22/2016)

June 22, 2016

June 22, 2016

99

MOTION for Settlement Requesting Final Approval of Class Action Settlement by All Plaintiffs. Motion Hearing set for 8/8/2016 Without Oral Argument before Judge Stanley A Bastian. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Approval of Class Action Settlement)(Lee, Melissa) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

100

RESPONSE to Motion re 99 MOTION for Settlement Requesting Final Approval of Class Action Settlement filed by Franklin County, Jim Raymond, Stephen Sultemeier. Motion Hearing set for 7/20/2016 at 12:45 PM Richland Courtroom 189 before Judge Stanley A Bastian. (Attachments: # 1 Certificate of Service)(Kamerrer, William) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

101

DECLARATION by Sheriff Jim Raymond in Support re 99 MOTION for Settlement Requesting Final Approval of Class Action Settlement in Support of Defendants' Response to Motion for Final Approval of Settlement filed by Franklin County, Jim Raymond, Stephen Sultemeier. (Kamerrer, William) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

102

DECLARATION by Commander Stephen Sultemeier in Support re 99 MOTION for Settlement Requesting Final Approval of Class Action Settlement in Support of Defendants' Response to Motion for Final Approval of Settlement filed by Franklin County, Jim Raymond, Stephen Sultemeier. (Kamerrer, William) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

103

REPLY MEMORANDUM re 99 MOTION for Settlement Requesting Final Approval of Class Action Settlement filed by All Plaintiffs. (Lee, Melissa) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

Case Details

State / Territory: Washington

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 2, 2014

Closing Date: Dec. 13, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are prisoners at the Franklin County Jail who alleged that jail officials regularly used excessive force and permitted inhumane living conditions.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Columbia Legal Services (formerly Evergreen)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Franklin County (Franklin), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Freedom of speech/association

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 400,557.66

Order Duration: 2016 - 2019

Content of Injunction:

Hire

Reporting

Monitor/Master

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Required disclosure

Training

Issues

General:

Conditions of confinement

Disciplinary procedures

Recreation / Exercise

Restraints : chemical

Restraints : physical

Totality of conditions

Policing:

Excessive force

Jails, Prisons, Detention Centers, and Other Institutions:

Disciplinary segregation

Good time

Pepper/OC spray

Solitary confinement/Supermax (conditions or process)

Visiting

Assault/abuse by staff (facilities)

Type of Facility:

Government-run