HRDC v. Uttecht; et. al., WA, Complaint, 2020
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Case 4:20-cv-05242 1 2 3 ECF No. 1 filed 12/09/20 PageID.1 Page 1 of 46 Jesse Wing MacDonald Hoague & Bayless 705 Second Avenue, Suite 1500 Seattle, Washington 98104-1745 206-622-1604 4 5 6 7 8 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT RICHLAND HUMAN RIGHTS DEFENSE CENTER, Plaintiff, 10 11 12 13 14 15 16 No. COMPLAINT v. DEMAND FOR JURY TRIAL JEFFREY A. UTTECHT, SUPERINTENDENT OF COYOTE RIDGE CORRECTIONS CENTER OF the WASHINGTON DEPARTMENT OF CORRECTIONS, in his individual and official capacities; JOHN D. TURNER, MAILROOM SERGEANT of COYOTE RIDGE CORRECTIONS CENTER, in his individual and official capacities, 17 Defendant. 18 19 20 21 I. 1.1 NATURE OF THE CASE Plaintiff Human Rights Defense Center brings this action to enjoin Defendants’ censorship of its publication titled THE HABEAS CITEBOOK: 22 INEFFECTIVE ASSISTANCE 23 prisoners who are held in custody at the Coyote Ridge Corrections Center of the COMPLAINT - 1 9870.16 nl090301 OF COUNSEL – 2nd edition (2016) that Plaintiff sends to MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.2 Page 2 of 46 1 Washington Department of Corrections, in violation of the First Amendment and 2 the Fourteenth Amendment’s Due Process Clause of the United States 3 Constitution. 4 5 6 1.2 customs, or usages that unconstitutionally restrict correspondence to prisoners, that prohibit legal materials, and that do not afford adequate due process notice and an opportunity to challenge the censorship as required by the Constitution. 7 8 9 10 11 12 13 14 Defendants have adopted and implemented mail policies, practices, II. 2.1 PARTIES Plaintiff Human Rights Defense Center (HRDC) is a Washington Non-Profit Corporation that publishes and distributes THE HABEAS CITEBOOK: INEFFECTIVE ASSISTANCE OF COUNSEL – 2nd edition (2016). 2.2 Defendant Superintendent Jeffrey A. Uttecht. At all times relevant, Jeffrey A. Uttecht has been Superintendent of Coyote Ridge Corrections Center. Superintendent Uttecht is an employee of the State of Washington, Department of Corrections. Defendant Uttecht is responsible for making decisions about approving or rejecting documents containing case law, reviewing publications 15 rejected from the Coyote Ridge Corrections Center, and responding to appeals 16 about censored correspondence, or delegating those responsibilities to a designee 17 to do so on his behalf. All of his acts and omissions alleged herein occurred within 18 19 20 21 22 the scope of his employment, under color of state law. 2.3 Defendant Mailroom Sergeant John D. Turner. At all times relevant, John D. Turner has been the Mailroom Sergeant of Coyote Ridge Corrections Center. Sergeant Turner is an employee of the State of Washington, Department of Corrections. All of his acts and omissions alleged herein occurred within the scope of his employment, under color of state law. 23 COMPLAINT - 2 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.3 Page 3 of 46 1 III. 2 3 4 5 6 7 3.1 10 11 12 This action arises under the First and Fourteenth Amendments to the United States Constitution. This Court has jurisdiction over this action under 28 U.S.C. §§ 1331, 1343, 2201, and 2202. 3.2 Venue is proper in the Eastern District of Washington under 28 U.S.C. § 1391(b)(2) because a substantial part of the events complained of occurred in this District, and because the Defendants reside in this District. IV. 8 9 JURISDICTION AND VENUE 4.1 FACTS The core of Plaintiff HRDC’s mission is public education, prisoner education, advocacy, and outreach in support of the rights of prisoners and in furtherance of basic human rights. The organization publishes and distributes a monthly journal named Prison Legal News of corrections news and analysis and certain books about the criminal justice system and legal issues affecting prisoners, 13 to prisoners, lawyers, courts, libraries, and the public throughout the country. 14 HRDC also maintains a website (www.prisonlegalnews.org) and operates an email 15 list. Prisoners of all types, family and friends of prisoners, and prisoner advocates, 16 17 18 are among the intended beneficiaries of HRDC’s activities. 4.2 Among its educational activities, HRDC publishes and distributes THE HABEAS CITEBOOK: INEFFECTIVE ASSISTANCE OF COUNSEL – 2nd edition (2016), a citation book for federal habeas corpus cases in which the prayer for relief is based 19 on ineffective assistance of counsel. The book is designed to assist pro se prisoners 20 understand how to approach a habeas corpus case. The book contains sample 21 pleadings that readers can refer to as an example for formatting their pleadings and 22 23 presenting argument to the courts. The names of the parties are redacted from the pleadings. Exhibit A hereto is a true copy of the cover page, table of contents, COMPLAINT - 3 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.4 Page 4 of 46 1 publisher’s introduction, and the example submissions contained in THE HABEAS 2 CITEBOOK. 3 4 5 6 7 4.3 HRDC distributes THE HABEAS CITEBOOK to prisoners across the country. 4.4 HRDC sent at THE HABEAS CITEBOOK to at least eighteen (18) prisoners incarcerated at the Coyote Ridge Corrections Center in Connell, WA between June 2019 and June 2020. 4.5 On April 23, 2020, Defendants rejected THE HABEAS CITEBOOK sent 8 to Johnson Ayodeji. Johnson Ayodeji was a prisoner at Coyote Ridge Corrections 9 Center when Defendants received THE HABEAS CITEBOOK from HRDC. The 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Defendants rejected the THE HABEAS CITEBOOK stating: “Per DOC Policy 590.500. Section III. 2. Individuals will not possess case law documents, including discovery material, unless approved by the Superintendent/designee., 3. Individuals will not possess legal materials (e.g., case law, legal documents) containing information about another incarcerated Washington State incarcerated individual[.] The Habeas Citebook rejected contains case law.” 4.6 On May 13, 2020, Paul Wright, the Executive Director of the HRDC, wrote an appeal request to the mailroom sergeant, Defendant John D. Turner, challenging the rejection of THE HABEAS CITEBOOK that had been sent to Johnson Ayodeji. 4.7 HRDC sent the appeal through United States Postal Service certified mail, which was delivered to the Coyote Ridge Corrections Center on May 18, 2020, which Defendants received on May 21, 2020. 4.8 Mailroom On or about May 29, 2020, HRDC received a letter from the Sergeant for the Coyote Ridge Corrections Center, Defendant John D. Turner, denying HRDC’s appeal, explaining: As outlined in DOC Policy 450.100 you failed to request to appeal the rejected item in the allotted 20 day time frame, where as you generated your appeal on the 13th of May which would have been the COMPLAINT - 4 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 1 2 3 4 5 6 7 8 ECF No. 1 As you failed to get the requested appeal to my desk as outlined in DOC policy 450.100 your appeal is denied. 4.9 The same Rejection Notice that HRDC had appealed but which appeal Defendant Turner had rejected as untimely, had notified HRDC: “An appeal request is not needed for…rejected publications, which are automatically reviewed by the Superintendent/designee or Publication Review Committee.” 4.10 On June 10, 2020, HRDC mailed THE HABEAS CITEBOOK addressed to each of the following prisoners at the Coyote Ridge Corrections Center: Prisoner Name Carl Brooks 10 Frank Harmon 11 Gregg Hansen 12 Robert Nicholson 13 William Brooks 15 16 17 The individuals identified above were prisoners at the Coyote Ridge Corrections Center when the Defendants received THE HABEAS CITEBOOK. 4.11 On June 12, 2020, HRDC mailed THE HABEAS CITEBOOK addressed to each of the following prisoners at the Coyote Ridge Corrections Center: Prisoner Name 18 John Buchmann 19 Richard King 20 Richard Manthie Roland Pitre 21 22 23 PageID.5 Page 5 of 46 due date to my desk for the appeal to be granted as such the time for delivery didn’t allow the time allotted for prompt delivery to my desk. 9 14 filed 12/09/20 Rory Star The individuals identified above were prisoners at the Coyote Ridge Corrections Center when the Defendants received THE HABEAS CITEBOOK from HRDC. COMPLAINT - 5 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 1 2 ECF No. 1 filed 12/09/20 PageID.6 Page 6 of 46 4.12 On June 15, 2020, HRDC mailed THE HABEAS CITEBOOK addressed to each of the following prisoners at the Coyote Ridge Corrections Center: 3 Prisoner Name 4 Charles McKee 5 Clinton Judd 6 Del Ferguson 7 Edward Payne 8 Shane Smith 9 10 11 12 The individuals identified above were prisoners at the Coyote Ridge Corrections Center when the Defendants received THE HABEAS CITEBOOK. 4.13 On June 18, 2020, Coyote Ridge Corrections Center rejected THE HABEAS CITEBOOK sent to the following prisoners: Prisoner Name 13 Carl Brooks 14 Frank Harmon 15 Gregg Hansen Robert Nicholson 16 17 18 William Brooks The individuals identified above were prisoners at the Coyote Ridge Corrections Center when Defendants rejected THE HABEAS CITEBOOK from HRDC. In rejecting 19 THE HABEAS CITEBOOK, Defendants stated that “page 213-235 contains example 20 submissions of case law filed in US District Court in Washington State. Case law 21 has not been properly redacted and contains information related to other WA state 22 23 incarcerated offenders.” The rejection notice was mailed to HRDC, which received it on June 22, 2020. COMPLAINT - 6 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.7 Page 7 of 46 1 4.14 On June 23, 2020, Paul Wright, the executive director of the HRDC, 2 wrote an appeal to the mailroom sergeant of Defendants’ rejection of THE HABEAS 3 CITEBOOK that HRDC sent to the five individuals identified above. 4 5 6 7 4.15 HRDC sent the appeal through United States Postal Service certified mail on June 23, 2020. The appeal was picked up at the Postal Facility at 9:13 am on June 26, 2020 and was stamped as received on June 29, 2020. 4.16 On June 25, 2020, Coyote Ridge Corrections Center rejected THE HABEAS CITEBOOK sent to the following prisoners: 8 Prisoner Name 9 Charles McKee 10 11 12 Edward Payne The individuals identified above were prisoners at the Coyote Ridge Corrections Center when Defendants rejected THE HABEAS CITEBOOK from HRDC. In rejecting THE HABEAS CITEBOOK, Defendants stated “the book Habeas Citebook uses 13 examples of other offender’s cases. Book is rejected;” and “the book, The Habeas 14 Citebook: Ineffective Assistance of Counsel, contains case law material that is not 15 approved for offender retention. Case law must be acquired through the law 16 17 18 library.” The rejection notice was mailed to HRDC, which received it on June 29, 2020. 4.17 On June 29, 2020, HRDC sent a letter to each of the following prisoners: 19 Prisoner Name 20 Carl Brooks 21 Charles McKee Clinton Judd 22 Del Ferguson 23 Edward Payne COMPLAINT - 7 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 ECF No. 1 1 Frank Harmon 2 Gregg Hansen 3 John Buchmann Richard Manthie 5 Robert Nicholson 6 Roland Pitre 7 Rory Star 8 Shane Smith 9 William Brooks 11 12 PageID.8 Page 8 of 46 Richard King 4 10 filed 12/09/20 The letter notified each individual that HRDC had mailed to each prisoner THE HABEAS CITEBOOK, which the individual should have received by that point. HRDC’s letter asked each prisoner to notify HRDC whether he had received the book along with any other material that accompanied it. 13 4.18 On June 30, 2020, on behalf of Defendants, Defendant Mailroom 14 Sergeant John D. Turner rejected THE HABEAS CITEBOOK sent to Richard Manthie. 15 Richard Manthie was a prisoner at the Coyote Ridge Corrections Center at the time 16 17 18 19 the Corrections Center rejected the book. The Center rejected THE HABEAS CITEBOOK because “[i]ndividuals will not possess legal materials (e.g. case law, legal documents) containing information about another incarcerated Washington State individual.” The rejection notice was mailed to HRDC, which received it on July 6, 2020. 20 4.19 Together with this mail rejection notice, Defendant Turner sent a 21 letter to HRDC explaining: “In my view and review of DOC policy 590.500 I 22 23 understand the policy to not allow the offender population to have the information in the book, as such I have rejected the book as a publication rejection for review by the Headquarters publication committee as this is the best way I could see to COMPLAINT - 8 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.9 Page 9 of 46 1 have the issue resolved.” He added, “I believe this will resolve any issues of the 2 book being allowed or not allowed. I am currently changing all rejections for the 3 book to publication rejections and will be sending out new notices to update the 4 5 6 7 rejections and inform the offender population.” 4.20 However, Defendants did not send new notices to “update” the earlier rejection notices or otherwise communicate with HRDC about any “review” by the Headquarters publication committee or any decision made about the censorship of HRDC’s publication. 8 4.21 On July 7, 2020, HRDC received a letter from Charles McKee 9 alerting it that he had not received THE HABEAS CITEBOOK. Mr. McKee stated that 10 11 12 he appealed Coyote Ridge Corrections Center’s rejection of THE HABEAS CITEBOOK. In his letter Mr. McKee explained his need for THE HABEAS CITEBOOK as a pro se litigant, remarking that the book includes information related to his case that he cannot get in the prison law library. Mr. McKee wrote that he needed the 13 book as soon as possible because he had planned to rely on it in meeting an 14 upcoming filing deadline. 15 16 17 18 19 4.22 On July 11, 2020, Frank Harmon wrote HRDC alerting it that he had not received THE HABEAS CITEBOOK and had been notified that the book sent to him had been rejected. HRDC received his letter on July 16, 2020. 4.23 On July 12, 2020, Edward Payne wrote HRDC alerting it that he had not received THE HABEAS CITEBOOK and had been notified that the book sent to him had been rejected. HRDC received his letter on July 16, 2020. 20 4.24 On July 13, 2020, Richard Manthie wrote HRDC alerting it that he 21 had not received THE HABEAS CITEBOOK and had been notified that the book sent 22 23 to him had been rejected. Mr. Manthie wrote that he had appealed Coyote Ridge Corrections Center’s rejection of the book. HRDC received his letter on July 17, 2020. COMPLAINT - 9 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.10 Page 10 of 46 1 4.25 On July 18, 2020, Carl Brooks wrote HRDC alerting them that he had 2 not received THE HABEAS CITEBOOK and had been notified that the book sent to 3 him had been rejected. Mr. Brooks stated he had appealed Coyote Ridge 4 5 6 Corrections Center’s rejection of the book on July 8, 2020 but had not heard back. HRDC received his letter on July 24, 2020. 4.26 Defendants failed to provide a written notice of rejection for each HRDC publication that it censored. 7 8 4.27 HRDC intends to continue sending THE HABEAS CITEBOOK to prisoners at Coyote Ridge Corrections Center in the future. 9 DOC Policy1 10 11 12 4.28 Possession of Legal Materials: DOC Policy on “Legal Access for Incarcerated Persons,” 590.500, states in pertinent part: Possession of Legal Materials/Documents 13 … 14 “3. Individuals will not possess legal materials (e.g., case law, legal documents) containing information about another incarcerated Washington State incarcerated individual.” 15 16 17 4.29 DOC Policy on “Mail for Individuals in Prison,” 450.100, states in pertinent part: Rejecting Mail 18 19 “C. Rejected incoming mail/eMessages can be appealed to the superintendent/ designee by submitting a written request to the mailroom within… 20 days of the rejection if appealed by the sender.” 20 Publications 21 Defendants’ rejection notices identified above contain portions of the DOC’s 22 1 23 written policies. The policies relating to mail are lengthy and are only partially quoted in this Complaint. COMPLAINT - 10 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ECF No. 1 filed 12/09/20 PageID.11 Page 11 of 46 “B.1. Individuals may receive new books, newspapers, certain catalogs and brochures, and other publications in any language sent directly from the publisher(s) and/or approved vendor(s).” “H. Publications with content that violates any Department policy or facility specific procedure will be referred to the Publication Review Committee for further review and a final decision.” The receiving mailroom will: a. Scan the questionable page(s) from the publication and a completed DOC 05-525 Rejection Notice to the shared folder at Headquarters. 1) A new rejection notice will be completed and distributed for subsequent publications received with the same title, copyright date, and volume/issue number. b. Provide the individual and vendor/publisher with a copy of DOC 05-525 Rejection Notice. c. Notify Prison mailrooms and Washington State Library contract staff that the publication is being held for review by the committee. The committee will review the facility’s decision and return the completed DOC 05-525 Rejection Notice to the facility. The individual and vendor/publisher will be notified of the committee’s decision. Notification should be made within 10 business days. The committee’s decision will apply to subsequent publications that were held by any facility. Each facility will notify the individual of the committee’s decision, including the date, on the original DOC 05525 Rejection Notice. Subsequent notices will not contain a signature from the chair of the committee. … “5. …The vendor/publisher may appeal the committee’s decision to the Mailroom Sergeant within 20 business days… which will be forward to the Headquarters Correctional Manager, who will provide a final decision to the requester.” 20 “6. The final decision will be binding for at least 3 years and will be maintained in a database by the Assistant Secretary for Prisons/designee.” 21 4.30 Defendants’ policies, practices, customs, or usages violate the First 22 23 Amendment. 4.31 Defendants’ policies, practices, customs, or usages unconstitutionally burden the First Amendment rights of Plaintiff, other correspondents who send COMPLAINT - 11 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.12 Page 12 of 46 1 mail to prisoners confined at the Coyote Ridge Corrections Center, and prisoners at 2 the Coyote Ridge Corrections Center. 3 4 5 6 7 4.32 Defendants’ policies, practices, customs, or usages violate the Due Process Clause of the Fourteenth Amendment. 4.34 Defendants’ policies, practices, customs, or usages described above have a chilling effect on future speech. 4.35 Defendants’ policies, practices, customs, or usages described above frustrate HRDC’s organizational mission and have caused it to divert its resources. 8 4.36 Defendants’ policies, practices, customs, or usages have violated, 9 continue to violate, and are reasonably expected to violate in the future Plaintiff’s 10 11 12 constitutional rights to distribute its publication, communicate its political message to prisoners, to recruit new supporters, readers and subscribers, and have caused Plaintiff additional financial harm in the form of lost subscriptions, and lost publication and book purchases. 13 4.37 Defendants are responsible for or personally participated in creating 14 and implementing these unconstitutional policies, practices, customs, or usages, or 15 for training and supervising the mail staff members whose conduct also have 16 17 injured and continue to injure Plaintiff and others, or ratified, or adopted the policies or actions described herein. V. 18 CAUSES OF ACTION COUNT 1 19 FIRST AMENDMENT 20 TO THE UNITED STATES CONSTITUTION 21 22 5.1 Plaintiff alleges and incorporates by reference the preceding paragraphs. 23 COMPLAINT - 12 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 1 5.2 ECF No. 1 filed 12/09/20 PageID.13 Page 13 of 46 The acts described above constitute violations of Plaintiff’s rights and 2 the rights of prisoners confined at the Coyote Ridge Corrections Center under the 3 First Amendment to the United States Constitution through 42 U.S.C. § 1983. 4 5 6 5.3 continue to cause damage. 5.4 Plaintiff seeks nominal, compensatory, and punitive damages against all Defendants in their individual capacities. 7 8 The acts described above have caused damages to Plaintiff and will 5.5 Plaintiff seeks declaratory and injunctive relief against all Defendants in their official capacities. 9 10 11 COUNT 2 DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION 12 13 5.6 paragraphs. 5.7 14 15 16 17 18 19 20 21 22 Plaintiff realleges and incorporates by reference the preceding The acts described above constitute violations of Plaintiff’s rights and the rights of prisoners confined at the Coyote Ridge Corrections Center under the Fourteenth Amendment to the United States Constitution through 42 U.S.C. § 1983. 5.8 The acts described above have caused damages to Plaintiff and will continue to cause damage. 5.9 Plaintiff seeks nominal, compensatory, and punitive damages against all Defendants in their individual capacities. 5.5 Plaintiff seeks declaratory and injunctive relief against all Defendants in their official capacities. 23 COMPLAINT - 13 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 1 VI. 6.1 2 3 4 5 6 ECF No. 1 filed 12/09/20 PageID.14 Page 14 of 46 INJUNCTION ALLEGATIONS Defendants’ unconstitutional policy, practices, customs, or usages are ongoing and continue to violate Plaintiff's constitutional rights and the rights of other correspondents and prisoners, and as such there is no adequate remedy at law. 6.2 Plaintiff is entitled to injunctive relief prohibiting Defendants from: refusing to deliver or allow delivery of THE HABEAS CITEBOOK to prisoners at 7 Coyote Ridge Corrections Center, refusing to deliver or allow delivery of any other 8 documents sent to prisoners at the Coyote Ridge Corrections Center that contain 9 third party legal material, and censoring or rejecting mail on the same grounds that 10 11 12 13 Defendants rejected the THE HABEAS CITEBOOK; and prohibiting Defendants from censoring mail without adequate due process of law. VII. REQUEST FOR RELIEF WHEREFORE, the Plaintiff requests relief as follows: 7.1 A preliminary injunction and a permanent injunction preventing 14 Defendants from continuing to violate the Constitution, and providing other 15 equitable relief; 16 17 18 19 20 21 22 23 7.2 A declaration that Defendants’ policies, practices, customs, or usages violate the Constitution; 7.2 An award of nominal, compensatory, and punitive damages for each violation of its First Amendment rights to free speech and expression in an amount to be proved at trial; 7.3 An award of nominal, compensatory, and punitive damages for each violation of its Fourteenth Amendment rights to due process in an amount to be proved at trial; 7.4 A trial by jury; COMPLAINT - 14 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 1 2 3 4 5 6 7 8 7.5 ECF No. 1 filed 12/09/20 PageID.15 Page 15 of 46 Costs, including reasonable attorney’s fees, under 42 U.S.C. § 1988, and under other applicable law; 7.6 Pre-judgment and post-judgment interest; 7.7 The right to conform the pleadings to the proof and evidence presented at trial; and 7.8 Such other relief as the Court deems just and equitable. DATED this 9th day of December, 2020. MacDONALD HOAGUE & BAYLESS 9 10 By: 11 12 13 14 s/ Jesse Wing Jesse Wing, WSBA #27751 jessew@mhb.com Katherine C. Chamberlain, WSBA #40014 katherinec@mhb.com 705 Second Avenue, Suite 1500 Seattle, WA 98104 206-622-1604 15 16 17 18 19 20 21 22 23 COMPLAINT - 15 9870.16 nl090301 MACDONALD HOAGUE & BAYLESS 705 Second Avenue, Suite 1500 Seattle, Washington 98104 Tel 206.622.1604 Fax 206.343.3961 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 EXHIBIT A PageID.16 Page 16 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.17 Page 17 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.18 Page 18 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.19 Page 19 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.20 Page 20 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.21 Page 21 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.22 Page 22 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.23 Page 23 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.24 Page 24 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.25 Page 25 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.26 Page 26 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.27 Page 27 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.28 Page 28 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.29 Page 29 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.30 Page 30 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.31 Page 31 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.32 Page 32 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.33 Page 33 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.34 Page 34 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.35 Page 35 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.36 Page 36 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.37 Page 37 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.38 Page 38 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.39 Page 39 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.40 Page 40 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.41 Page 41 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.42 Page 42 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.43 Page 43 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.44 Page 44 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.45 Page 45 of 46 Case 4:20-cv-05242 ECF No. 1 filed 12/09/20 PageID.46 Page 46 of 46 Case 4:20-cv-05242 ECF No. 1-2 filed 12/09/20 PageID.49 Page 1 of 1 Case 4:20-cv-05242 ECF No. 1-3 filed 12/09/20 PageID.50 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Eastern District of Washington __________ District of __________ HUMAN RIGHTS DEFENSE CENTER Plaintiff(s) v. JEFFREY A. UTTECHT, SUPERINTENDENT OF COYOTE RIDGE CORRECTIONS CENTER OF the WASHINGTON DEPARTMENT OF CORRECTIONS, in his individual and official capacities; et al Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) JEFFREY A. UTTECHT c/o Coyote Ridge Corrections Center 1301 N Ephrata Ave Connell, WA 99326 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Jesse Wing Kathleen Chamberlain MacDonald Hoague & Bayless 705 Second Avenue, Suite 1500 Seattle, WA 98104 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 4:20-cv-05242 ECF No. 1-3 filed 12/09/20 PageID.51 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Save As... Reset . Case 4:20-cv-05242 ECF No. 1-4 filed 12/09/20 PageID.52 Page 1 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Eastern District of Washington __________ District of __________ HUMAN RIGHTS DEFENSE CENTER Plaintiff(s) v. JEFFREY A. UTTECHT, SUPERINTENDENT OF COYOTE RIDGE CORRECTIONS CENTER OF the WASHINGTON DEPARTMENT OF CORRECTIONS, in his individual and official capacities; et al Defendant(s) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. SUMMONS IN A CIVIL ACTION To: (Defendant’s name and address) JEFFREY A. UTTECHT c/o Coyote Ridge Corrections Center 1301 N Ephrata Ave Connell, WA 99326 A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Jesse Wing Kathleen Chamberlain MacDonald Hoague & Bayless 705 Second Avenue, Suite 1500 Seattle, WA 98104 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk Case 4:20-cv-05242 ECF No. 1-4 filed 12/09/20 PageID.53 Page 2 of 2 AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l)) This summons for (name of individual and title, if any) was received by me on (date) . ’ I personally served the summons on the individual at (place) on (date) ; or ’ I left the summons at the individual’s residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual’s last known address; or ’ I served the summons on (name of individual) , who is designated by law to accept service of process on behalf of (name of organization) on (date) ; or ’ I returned the summons unexecuted because ; or ’ Other (specify): . My fees are $ for travel and $ for services, for a total of $ 0.00 I declare under penalty of perjury that this information is true. Date: Server’s signature Printed name and title Server’s address Additional information regarding attempted service, etc: Print Save As... Reset .
