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Case Name Herrera v. Pierce County JC-WA-0001
Docket / Court C95-5025 ( W.D. Wash. )
State/Territory Washington
Case Type(s) Jail Conditions
Attorney Organization Legal Services/Legal Aid
Case Summary
On January 19, 1995, inmates at the Pierce County Detention and Corrections Center ("PCDCC") in Tacoma Washington filed a class action under 42 U.S.C. § 1983 in the United States District Court for the Western District of Washington against the County, and various agencies responsible for the ... read more >
On January 19, 1995, inmates at the Pierce County Detention and Corrections Center ("PCDCC") in Tacoma Washington filed a class action under 42 U.S.C. § 1983 in the United States District Court for the Western District of Washington against the County, and various agencies responsible for the operation of the PCDCC. Plaintiffs were represented by Columbia Legal Services, Northwest Justice Project, and private attorneys.

On October 31, 1995, the parties entered into a temporary stipulated order addressing overcrowding (by setting a population cap) and health care staffing. The parties entered into another stipulated order on January 26, 1996. This order addressed the facility's classification system regarding violent inmates and security staff, along with a wide range of issues including , health care staffing, classification systems, meals, laundry, access to educational prgrams, and others. The Court (Judge Franklin D. Burgess) approved the final settlement agreement and order on March 28, 1996. This order incorporated all previous orders and additionally addressed religious services, access to legal materials, mental health, medical, and dental care, and dealing with staff misconduct. The court maintained jurisdiction of the case and in 2005, there were several proceedings regarding a monitor's failure for several years to provide reports to the court.

In 2007, Dr. Joe Goldenson was substituted as the court monitor. He also failed to submit any reports, and in 2010, he was replaced by Judith Cox. She submitted two reports over the next year. In the second report, dated February 22, 2011, Ms. Cox was of the opinion that the jail had complied with the outstanding health-care terms of the settlement agreement. Thereafter, the parties stipulated to dismiss the case with prejudice in an Order signed by Judge Robert B. Bryan on February 25, 2011.

Blase Kearney - 04/14/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Crowding
Crowding / caseload
Pre-PLRA Population Cap
General
Classification / placement
Disciplinary procedures
Law library access
Religious programs / policies
Staff (number, training, qualifications, wages)
Medical/Mental Health
Dental care
Medical care, general
Medication, administration of
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Pierce County
Plaintiff Description Inmates at the Pierce County Detention and Corrections Center (PCDCC) in Washington State
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 1996 - 2011
Case Closing Year 2011
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
95-5025 (W.D. Wash.) 02/25/2011
JC-WA-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Stipulated Order 10/31/1995 (W.D. Wash.)
JC-WA-0001-0001 PDF | Detail
Stipulated Order Re: Interim Facilty Classification, and Security Staffing 01/08/1996 (W.D. Wash.)
JC-WA-0001-0002 PDF | Detail
Stipulated Order and Final Judgment 03/15/1996 (W.D. Wash.)
JC-WA-0001-0003 PDF | Detail
Stipulated Order Removing Court Monitor and Appointing Replacement 01/08/2010 (W.D. Wash.)
JC-WA-0001-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Court Monitor's Report 08/10/2010
JC-WA-0001-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Court Monitor's Report 02/22/2011
JC-WA-0001-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Dismissal With Prejudice 02/25/2012 (W.D. Wash.)
JC-WA-0001-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Arnold, J. Kelley (W.D. Wash.) [Magistrate]
JC-WA-0001-0007 | JC-WA-0001-9000
Bryan, Robert Jensen (W.D. Wash.)
JC-WA-0001-0006 | JC-WA-0001-9000
Burgess, Franklin D. (W.D. Wash.) [Magistrate]
JC-WA-0001-0001 | JC-WA-0001-9000
Monitors/Masters Cox, Judith F. (New York)
JC-WA-0001-0004 | JC-WA-0001-0005 | JC-WA-0001-9000
Goldenson, Joe (California)
JC-WA-0001-9000
Plaintiff's Lawyers Diamondstone, Fred (Washington)
JC-WA-0001-0001 | JC-WA-0001-0002 | JC-WA-0001-0003 | JC-WA-0001-0007 | JC-WA-0001-9000
Dimock, Christina Nicole (Washington)
JC-WA-0001-9000
Dunne, Sarah A. (Washington)
JC-WA-0001-0006 | JC-WA-0001-9000
Midgley, John (Washington)
JC-WA-0001-0001 | JC-WA-0001-0002 | JC-WA-0001-0003 | JC-WA-0001-9000
Mungia, Salvador A. (Washington)
JC-WA-0001-0001 | JC-WA-0001-0002 | JC-WA-0001-0003 | JC-WA-0001-0007 | JC-WA-0001-9000
Parsons, Stephen (Washington)
JC-WA-0001-0001 | JC-WA-0001-0002 | JC-WA-0001-0003 | JC-WA-0001-9000
Purbaugh, John (Washington)
JC-WA-0001-0001 | JC-WA-0001-0002 | JC-WA-0001-9000
Williams, Harry IV (Washington)
JC-WA-0001-0007 | JC-WA-0001-9000
Defendant's Lawyers Bremner, Anne Melani (Washington)
JC-WA-0001-9000
Hamilton, Daniel R (Washington)
JC-WA-0001-0006 | JC-WA-0001-0007 | JC-WA-0001-9000
Ladenburg, John W. (Washington)
JC-WA-0001-0001 | JC-WA-0001-0002 | JC-WA-0001-0003
Sutherland, Doug (Washington)
JC-WA-0001-0001 | JC-WA-0001-0002 | JC-WA-0001-0003
Vanscoy, Douglas W. (Washington)
JC-WA-0001-0007 | JC-WA-0001-9000
Other Lawyers None on record

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