Filed Date: Oct. 30, 2001
Closed Date: 2003
Clearinghouse coding complete
On 10/30/2001, four offenders under the age of 18 housed in the Youthful Offender Program at Clallam Bay Corrections Center in Washington brought a class action suit in Washington state court, alleging that they were denied basic and special education services to which they were constitutionally entitled. Plaintiffs cited the Washington Supreme Court case Tunstall v. Bergeson, 141 Wn.2d 201 (2000), which held that youth under the age of 18 incarcerated in DOC institutions had a right to public education. Plaintiffs, represented by attorneys with the Columbia Legal Services Institutions Project, specifically alleged violations of the Washington State Constitution, §504 of the Rehabilitation Act of 1973, 29 U.S.C. §794 and 42 U.S.C. §1983. They sought injunctive and declaratory relief, as well as compensatory damages.
Our information on the procedural history of the case is limited to the Thurston Superior Court Docket, which contains only abbreviated descriptions of case activity. From what we can discern, it appears that the parties conducted discovery and engaged in motion practice for a little over a year before the case was resolved. During that time, the Superior Court certified the case as a class action and ruled on various motions. For reasons that are not readily apparent, the plaintiffs voluntarily dismissed their special education claims.
The parties entered into a Settlement Agreement and Release, which was formally approved by the Superior Court (Judge Daniel J. Berschauer) in March, 2003. In the Agreement, the State agreed to provide specified educational services to youth offenders that were not in the general population, which included: offenders incarcerated in the Restricted Movement Pod (23 hour a day lock-down), those housed in the Intensive Management Unit and those placed on a Level One transition plan. Prior to the agreement, only offenders in general population had any real access to school services.
The case was dismissed on March 14, 2003 and we have no information that any further case activity occurred after that date.
Summary Authors
Dan Dalton (9/14/2007)
Tunstall v. Bergeson, Washington state trial court (1997)
Berschauer, Daniel J. (Washington)
Arthur, Patricia J. (Washington)
Balson, Hank L. (Washington)
Gregoire, Christine O. (Washington)
Kalzer, Karen A. (Washington)
Berschauer, Daniel J. (Washington)
Last updated Aug. 30, 2023, 1:36 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Washington
Case Type(s):
Key Dates
Filing Date: Oct. 30, 2001
Closing Date: 2003
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Class of youth under the age of 18 who currently are, or in the future will be, incarcerated under the jurisdiction of the Washington State Department of Corrections (DOC), to enforce their rights to basic and special education.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Cape Flattery School District, State
Washington Department of Corrections, State
Superintendent of Public Instruction, State
Case Details
Causes of Action:
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2003 - None
Issues
General:
Staff (number, training, qualifications, wages)
Disability and Disability Rights:
Affected Sex or Gender:
Type of Facility: