Metadata is a Public Record, Washington Supreme Court Holds by The Washington State Supreme Court has held that Metadata is a public record that must be disclosed under the Public Records Act (PRA). This case raised a question of first impression for the Court. Metadata is “information describing the history, …
Washington DOC Agrees to Pay $15,500 to Paraplegic Prisoner for Disability-Based Discrimination by On January 27, 2006, the Washington State Department of Corrections (DOC) agreed to pay $15,500 to a paraplegic prisoner who received inadequate medical care and was discriminated against because of his disability. John Chauers, a DOC prisoner …
Washington DOC Agrees to Pay $20,000 for Miscalculating Sentence by On December 21, 2006, the state of Washington agreed to pay $20,000 to a former prisoner whose release date was miscalculated by Department of Corrections (DOC) officials. Lee Harper spent an extra 193 days in DOC custody after DOC staff …
Washington DOC Agrees to Settle Sex Offender Early Release Suit for $6,000 by On June 17, 2006, the Washington Department of Corrections (DOC) agreed to settle a 42 U.S.C. §1983 suit over the DOC’s Earned Early Release Date (EERD) program. Dan Bedker, Jr., a sex offender, sued Joseph Lehman, the …
PRP Granted: Alford Plea to be Withdrawn by In May 1985, Washington State resident, Clyde R. Spencer, entered an Alford plea in answer to numerous charges of statutory rape and complicity to commit statutory rape. The only evidence against him was the testimony of his two biological children and his …
Referendum Petition Not Protected by First Amendment by On May 18, 2009, Senate Bill 5688 was signed by Washington's Governor, expanding the rights and responsibilities of state-registered domestic partners. On May 25, 2009, a referendum petition opposing the bill was submitted by Protect Marriage Washington (PMW) to the Secretary of …
Washington DOC Pays $4,500 to Settle Negligence Claim by On December 14, 2006, Washington State prisoner, Ronald Davis, filed a claim accusing DOC staff of failing to properly treat his medical condition. After experiencing severe chest pain, Davis alleged he was given only a "superficial exam" before being "declared fit …
"Work Product" Exempted From Public Records Act by "Work Product" Exempted From Public Records Act On December 12, 2005, Washington State resident, David Koenig, submitted a request to the Pierce County Prosecutor under the auspices of that state's Public Records Act (PRA) for records pertaining to a specific criminal investigation. …
Disabled Washington Prisoner Paid $15,000 for Concussion, Neck Injury by On October 14, 2004, the State of Washington paid $15,000 to settle with a prisoner who was injured when a handicapped shower bench collapsed at the Stafford Creek Correctional Center. The prisoner, who suffered severe neck injury, a concussion, and …
Washington Court of Appeals: Juror's Experiment Not Grounds for Reversal by On September 14, 2009, the Washington State Court of Appeals held that a juror's home experiment based upon testimony he heard in a murder trial was not misconduct and therefore not grounds for reversal of the conviction. Daniel Jay …
No Automatic Abatement upon Death of Defendant; Heirs May Be Substituted As Parties in Order to Contest Financial Obligations of Deceased Defendant by A criminal defendant who dies during the pendency of his appeal is not entitled to abatement of his conviction or restitution obligations, the Supreme Court of Washington …
$11,126.40 Settlement in Washington DOC Car Accident Claim by The State of Washington paid $11,126.40 to settle the lawsuit of Titus-Will Ford Inc. for vehicle damages due to driver negligence. While waiting for a clear intersection on December 4, 2003, in the left hand turn lane on S. Tacoma way, …
Washington Prison Guard Paid $10,000 for Racially Derogatory Statement by On September 13th, 2004, the State of Washington agreed to settle a lawsuit filed by Janice Shepherd against her direct supervisor, Stanley Badger, and the Washington Department of Corrections. Shepherd alleged in the suit that Badger directed racially derogatory comments …
Washington Prison Guards Paid $65,000 for Harassment, Threats by Coworker by On October 28, 2006, the State of Washington paid $65,000 to settle a lawsuit filed by two female prison guards who were sexually harassed and physically threatened by a male coworker. The women filed suit in the U.S. District …
Washington State Supreme Court Allows Withdrawal of Juvenile's Guilty Plea to Sex Offense by On January 28, 2010, the Supreme Court of Washington State issued an opinion allowing a juvenile to withdraw a guilty plea to a sex offense due to ineffective assistance of appointed counsel and misunderstanding the charge. …
Withdrawal of Guilty Plea Required for Washington Prisoner by David Reutter By David M. Ruetter The State of Washington Court of Appeals has held that a defendant is entitled to withdraw a guilty plea where he was not informed that he could not earn early release credits during the mandatory …
Jailing for Debt on the Rise by Matthew Clarke by Matt Clarke The use of arrest warrants to jail people who have defaulted on debts is increasing. In Minnesota alone, there were 845 civil arrest warrants issued against debtors in 2009, an increase of 60% compared with 2004. Over a …
Washington DOC Agrees to Pay $6,500 to Settle Slip and Fall Claim by On November 14, 2007, the State of Washington agreed to pay a woman who slipped and fell at the entrance of a Department of Corrections (DOC) facility $6,500. Beverly Smith slipped and fell while leaving a DOC …
Washington State Agrees to Pay $275,000 to Settle Employment Discrimination Claim by The State of Washington has agreed to pay $275,000 to a female Department of Corrections (DOC) employee who experienced harassment because of her gender, and retaliation as a result of an EEOC complaint about the matter. Carol Grandmontagne …
Plaintiff Entitled to Washington State Patrol's Electronic Accident Records by The Superior Court of Washington held that accident records compiled by state police were not protected information pursuant to 23 U.S.C. § 409. Plaintiff Michael Gendler filed suit alleging the Washington State Patrol denied him accident reports in violation of …