Class Action Certified in Lawsuit Alleging Raw Sewage Presence in Washington Jail
by David M. Reutter
On June 29, 2026, the U.S. District Court for the Western District of Washington certified a class consisting of any person who from May 2, 2020, to present was “held in any cell blocks at Pierce County Jail (PCJ) having unremedied plumbing defects leading to unsanitary living conditions, and all detainees who will be held in the cell blocks in the future.”
The lawsuit was brought in 2023 by class representatives Echota C. Wolfclan and Zachery Bonds, both former detainees at PCJ. About 550 persons are confined at PCJ, but the class is estimated to be in the “thousands.”
The complaint alleged that defective plumbing at PCJ results in toilets back flushing when an adjacent cell flushes a toilet. The toilets overflow onto the floor where prisoners walk. Wolfclan alleged that to practice his religion, he was forced to kneel upon and kiss a sewage contaminated floor. Moreover, detainees were forced to eat, sleep and live in those conditions. The smell of sewer gas was overwhelming, according to the Plaintiffs. Wolfcan alleged that from his stay at PCJ in 2020 and his return in 2022, the sewer gas smell was “seven times worse.”
Wolfclan suffered headaches, allergies, upset stomach, coughing, mucus and other respiratory problems caused by the “disgusting conditions” at PCJ. Bond suffered headaches and nausea from the conditions. Both class representatives suffered rashes from the conditions. Bond reported having to use his clothing to clean up sewage in his cell.
PCJ was alleged to have refused to make grievance forms available or to repair the kiosk to file a grievance regarding the plumbing conditions. Wolfclan and Bond alleged they were retaliated against for their efforts to grieve the alleged unconstitutional conditions.
PCJ officials, as is normal in such litigation, blamed detainees for the plumbing problems. Officials asserted detainees caused the back flushing by flushing clothing and other items down the toilet. The Court concluded such a scenario is unlikely to be at the root of the problem.
A 2014 engineering report recommended an overhaul of PCJ’s plumbing system and replacement of the toilets. It carried a $3.1 million price tag. Magistrate Judge S. Kate Vaughn noted that an employee who worked for 32 years in PCJ’s Facility management stated that most people in PCJ’s maintenance department were aware of the back flushing and other issues since at least 2013 and the issues continued upon his retirement in 2022. Vaughn’s report stated that PCJ’s fixes to the problem consisted of dumping water down the sewage pipes and spraying air freshener.
PLN will report future developments in the case. The class is represented by attorneys from the Seattle based law firms Stoel Reves LLP and Lowe, Graham, Jones PLLC and the Bellevue based Law Offices of Lisa R. Elliott. See: Wolfclan v. Pierce County, USDC (W.D. Wash.), Case No. 23-cv-05399.
Additional source: The News Tribune
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Related legal case
Wolfclan v. Pierce County
| Cite | USDC (W.D. Wash.), Case No. 23-cv-05399 |
|---|---|
| Level | District Court |