Case: JW v. Pierce County

3:09-cv-05430 | U.S. District Court for the Western District of Washington

Filed Date: June 17, 2009

Closed Date: March 29, 2013

Clearinghouse coding complete

Case Summary

On June 17, 2009 juveniles detained in the Pierce County jails and their parents filed a lawsuit alleging violations of their civil rights in the Superior Court for the State of Washington, County of Pierce. The Plaintiffs, represented by a team of public interest attorneys from the Columbia Legal Service's Institutions project, sought declaratory and equitable relief and damages, claiming that the Defendant's failure to provide educational services to the juveniles detained in the adult jail …

On June 17, 2009 juveniles detained in the Pierce County jails and their parents filed a lawsuit alleging violations of their civil rights in the Superior Court for the State of Washington, County of Pierce. The Plaintiffs, represented by a team of public interest attorneys from the Columbia Legal Service's Institutions project, sought declaratory and equitable relief and damages, claiming that the Defendant's failure to provide educational services to the juveniles detained in the adult jail violated their rights under the federal and state constitutions. Specifically, the Plaintiffs claimed that by failing to provide educational services in the adult jail, the Defendants had violated the State Constitution's requirement that a free public education be provided to all children in the state. Furthermore, the plaintiff's claimed that the Defendants' actions had violated the due process and equal protection clauses of the United States Constitution.

On July 15, 2009 the defendants moved for removal from the Superior Court to the United States District Court for the Western District of Washington, Tacoma Division. The District Court granted the removal and the case proceeded there.

On March 29, 2010 the parties filled a settlement agreement. Defendants agreed to implement an educational program at the Jail that satisfies the state of Washington's legal requirements for educational programs. The defendants agreed to provide a written learning plan, individually crafted for the needs of each juvenile detained in the adult jail detailing the learning goals for the juvenile and a plan describing how to achieve such goals. The defendant school district agreed to provide certified instructional staff to conduct the program within the jail. While group instruction is not required under the agreement, each juvenile detained in the adult jail will be provided with individual instruction. Under the settlement agreement, the juveniles detained in the adult jail will be provided with the instruction in the subjects necessary under the law to earn credits towards graduation from the Tacoma public schools. In addition, the defendants agreed to provide special education offerings to juvenile's detained in the adult jail. Furthermore, under the agreement, the parents of the juvenile's detained must be given access to the written records regarding their child's education within the jail. All juvenile participants are expected under the agreement to comply with the rules of the Tacoma School District. However, the agreement holds that the juveniles detained in the adult jail cannot be disciplined by having their access to the program taken away. The one exception contemplated by the agreement is if the discipline is a result of an incident that took place during the juvenile's participation in the program. If this is the case, the agreement contemplates the jail being able to discipline the juvenile by taking away their access to the educational program.

The parties agreed to appoint a settlement monitor, whose mandate is to monitor the implementation of the settlement for the first four semesters of the program's existence. Furthermore, the parties agreed that the court should retain jurisdiction to enforce the agreement. If after a good faith negotiation the parties cannot agree to continue the enforcement of the agreement, the court is to exercise its jurisdiction.

The duration of the Consent decree is "six full semesters", which we read to be the equivalent of three years, during which compliance will be monitored.

Summary Authors

Justin Benson (7/30/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4410438/parties/jw-v-pierce-county/


Judge(s)

Bryan, Robert Jensen (Washington)

Attorney for Plaintiff

Colgan, Beth A (Washington)

Lee, Melissa R (Washington)

Attorney for Defendant

Leitch, Charles P.E. (Washington)

Luna-Green, Michelle (Washington)

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Documents in the Clearinghouse

Document

3:09-cv-05430

Docket

Aug. 3, 2012

Aug. 3, 2012

Docket

09-CV-2101561

Complaint for Declaratory and Injunctive Relief

J.W. v. Pierce County

Washington state trial court

June 17, 2009

June 17, 2009

Complaint
1

3:09-cv-05430

Notice of Removal

J.W. v. Pierce County

July 15, 2009

July 15, 2009

Pleading / Motion / Brief
36

3:09-cv-05430

Settlement Agreement and Consent Decree

J.W. v. Pierce County

March 29, 2010

March 29, 2010

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410438/jw-v-pierce-county/

Last updated Feb. 9, 2024, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

Notice of Removal

2 Verification of State Records

View on PACER

3 Consent to Removal

View on PACER

4 Civil Cover Sheet

View on PACER

July 15, 2009

July 15, 2009

PACER
2

Discovery and Depositions Order

July 20, 2009

July 20, 2009

PACER
3

Joint Status Report Order

July 20, 2009

July 20, 2009

PACER
4

Answer to Complaint

July 22, 2009

July 22, 2009

PACER
5

Answer to Complaint

July 23, 2009

July 23, 2009

PACER
6

Notice-Other

July 24, 2009

July 24, 2009

PACER
7

Notice of Appearance

Aug. 4, 2009

Aug. 4, 2009

PACER
8

Notice of Appearance

Aug. 5, 2009

Aug. 5, 2009

PACER
9

Certificate of Service

Sept. 1, 2009

Sept. 1, 2009

PACER
10

Certificate of Service

Sept. 1, 2009

Sept. 1, 2009

PACER
11

Certificate of Service

Sept. 1, 2009

Sept. 1, 2009

PACER
12

Certificate of Service

Sept. 1, 2009

Sept. 1, 2009

PACER
13

Order

Sept. 16, 2009

Sept. 16, 2009

PACER
14

Scheduling Order for Settlement Conference

Sept. 16, 2009

Sept. 16, 2009

PACER
15

Telephone Conference

Sept. 29, 2009

Sept. 29, 2009

PACER
16

Joint Status Report

Oct. 19, 2009

Oct. 19, 2009

PACER
17

Minute Order Setting Trial, Pretrial Dates and Ordering Mediation

Oct. 30, 2009

Oct. 30, 2009

PACER
18

Proposed Order (Unsigned)

Nov. 23, 2009

Nov. 23, 2009

PACER
19

Stipulation and Order

Nov. 23, 2009

Nov. 23, 2009

PACER
20

Settlement Conference

Dec. 16, 2009

Dec. 16, 2009

PACER
21

Scheduling Order for Settlement Conference

Dec. 17, 2009

Dec. 17, 2009

PACER
22

Stipulation

Dec. 22, 2009

Dec. 22, 2009

PACER
23

STIPULATON AND ORDER ADJUSTING TRIAL AND PRETRIAL DATES by Judge Robert J. Bryan. (DK)

Dec. 23, 2009

Dec. 23, 2009

RECAP
24

Settlement Conference

Jan. 14, 2010

Jan. 14, 2010

PACER
25

Stipulation

Jan. 15, 2010

Jan. 15, 2010

PACER
26

Stipulation and Order

Jan. 19, 2010

Jan. 19, 2010

PACER
27

Stipulation

Feb. 5, 2010

Feb. 5, 2010

PACER
28

Declaration (non motion)

Feb. 5, 2010

Feb. 5, 2010

PACER
29

Stipulation and Order

Feb. 10, 2010

Feb. 10, 2010

PACER
30

Notice of Hearing

Feb. 10, 2010

Feb. 10, 2010

PACER
31

Declaration (non motion)

Feb. 17, 2010

Feb. 17, 2010

PACER
32

Declaration (non motion)

Feb. 18, 2010

Feb. 18, 2010

PACER
33

Declaration (non motion)

Feb. 18, 2010

Feb. 18, 2010

PACER
34

In Court Hearing

March 26, 2010

March 26, 2010

PACER
35

Proposed Order (Unsigned)

March 26, 2010

March 26, 2010

PACER
36

SETTLEMENT AGREEMENT AND CONSENT DECREE. Signed by Judge Robert J. Bryan. (Attachments: # 1 Notice of Education Rights Youth, # 2 Student Rights & Responsibilities, # 3 Notice of Education Rights Parents)(JL)

2 Notice of Education Rights Youth

View on PACER

3 Student Rights & Responsibilities

View on PACER

4 Notice of Education Rights Parents

View on PACER

March 29, 2010

March 29, 2010

RECAP
38

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Gavin Keith Thornton for Plaintiffs JW, Samuelu Reupena, Tafaoga Reupena, SR. (Thornton, Gavin) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

39

NOTICE of Appearance by attorney Melissa R Lee on behalf of Plaintiffs JW, Samuelu Reupena, Tafaoga Reupena, SR. (Lee, Melissa) (Entered: 06/25/2012)

June 25, 2012

June 25, 2012

40

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Katharine M. Tylee for Defendant Tacoma Public Schools. (Tylee, Katharine) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

Case Details

State / Territory: Washington

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 17, 2009

Closing Date: March 29, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Juvenile inmates in the county jail and their parents

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Pierce County (Pierce), County

Tacoma Public Schools (Pierce), School District

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2010 - 2013

Content of Injunction:

Monitor/Master

Monitoring

Issues

General:

Education

Juveniles

Type of Facility:

Government-run