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Washington DOC Pays $156 for Losing Court Tape

In 1999, the State of Washington paid Robert D. Wrinkle $156 to settle a court access suit. Wrinkle, a prisoner confined at Clallam Bay Corrections Center in Clallam Bay, Washington, filed suit in 1995 alleging that the Department of Corrections and its employees involved violated his first and fourteenth amendment rights. That suit was initially dismissed and in 1996, Wrinkle filed for an appeal that he won. In September of 1993, Wrinkle received a video tape of his trial transcript. The tape was identified as legal mail by Wrinkle's counsel and was processed as such when it arrived at the institution. The tape was maintained in the education office at CBCC where Wrinkle viewed the tape on several occasions beginning on October 5, 1993 to October 27, 1993, when he informed CBCC officials that he was done with the tape and requested that it be sent to his brother.

On October 4, 1993, a second tape was sent containing footage of the jury selection. This tape, however, was not received as it was addressed to Superintendent Wright by Clark County Superior Court. Wright never received the tape and neither did Wrinkle. Instead the tape was intercepted and forwarded to Associate Superintendent Carol Moses. Moses, in turn, forwarded the tape to Custody Unit Supervisor Leahy with a note indicating that he should contact Stan Crossman in the education office to schedule a time for Wrinkle to view the tape. When Leahy attempted to do so, he was told by Weihemuller, a guard, that Wrinkle had already viewed the tape.

One year later, in October of 1994, the tape was discovered when Leahy's office was cleaned as he was promoted to Captain. The tape was then transferred to Counselor Neilsen who notified Wrinkle of the tape's discovery. Wrinkle then sent a kite to Wright regarding his lack of access to his legal mail and to this second video tape. Wrinkle also filed a grievance and on November 2, 1994, grievance coordinator Kupers that two tapes had, in fact been sent to Wrinkle .

In 1995 and in 1996, Wrinkle filed suit alleging that the State of Washington and DOC violated his right to due process. Wright and Leahy both sought immunity as their knowledge of the tape was limited. The court granted both Wright and Leahy immunity as Wrinkle failed to communicate with the courts and DOC officials in regards to the tape, which he expected. In 1999, the State of Washington and DOC settled the suit paying Wrinkle $156. See: Wrinkle v. Wright, United States District Court Western District of Washington at Tacoma, case no. C94-5730RJB.

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Related legal case

Wrinkle v. Wright