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HRDC v. Uttecht; et. al., WA, Complaint, 2020

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Case 4:20-cv-05242

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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

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON AT RICHLAND
HUMAN RIGHTS DEFENSE CENTER,
Plaintiff,

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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,

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Defendant.

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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:

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INEFFECTIVE ASSISTANCE

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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

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Washington Department of Corrections, in violation of the First Amendment and

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the Fourteenth Amendment’s Due Process Clause of the United States

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Constitution.

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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.

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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

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rejected from the Coyote Ridge Corrections Center, and responding to appeals

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about censored correspondence, or delegating those responsibilities to a designee

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to do so on his behalf. All of his acts and omissions alleged herein occurred within

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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.

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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

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filed 12/09/20

PageID.3 Page 3 of 46

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III.

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3.1

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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.

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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,

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to prisoners, lawyers, courts, libraries, and the public throughout the country.

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HRDC also maintains a website (www.prisonlegalnews.org) and operates an email

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list. Prisoners of all types, family and friends of prisoners, and prisoner advocates,

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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

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on ineffective assistance of counsel. The book is designed to assist pro se prisoners

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understand how to approach a habeas corpus case. The book contains sample

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pleadings that readers can refer to as an example for formatting their pleadings and

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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

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publisher’s introduction, and the example submissions contained in THE HABEAS

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CITEBOOK.

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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

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to Johnson Ayodeji. Johnson Ayodeji was a prisoner at Coyote Ridge Corrections

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Center when Defendants received THE HABEAS CITEBOOK from HRDC. The

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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

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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

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Frank Harmon

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Gregg Hansen

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Robert Nicholson

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William Brooks

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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

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John Buchmann

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Richard King

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Richard Manthie
Roland Pitre

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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.

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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

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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:

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Prisoner Name

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Charles McKee

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Clinton Judd

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Del Ferguson

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Edward Payne

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Shane Smith

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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

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Carl Brooks

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Frank Harmon

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Gregg Hansen
Robert Nicholson

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William Brooks
The individuals identified above were prisoners at the Coyote Ridge Corrections
Center when Defendants rejected THE HABEAS CITEBOOK from HRDC. In rejecting

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THE HABEAS CITEBOOK, Defendants stated that “page 213-235 contains example

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submissions of case law filed in US District Court in Washington State. Case law

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has not been properly redacted and contains information related to other WA state

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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

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4.14 On June 23, 2020, Paul Wright, the executive director of the HRDC,

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wrote an appeal to the mailroom sergeant of Defendants’ rejection of THE HABEAS

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CITEBOOK that HRDC sent to the five individuals identified above.

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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:

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Prisoner Name

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Charles McKee

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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

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examples of other offender’s cases. Book is rejected;” and “the book, The Habeas

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Citebook: Ineffective Assistance of Counsel, contains case law material that is not

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approved for offender retention. Case law must be acquired through the law

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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:

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Prisoner Name

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Carl Brooks

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Charles McKee
Clinton Judd

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Del Ferguson

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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

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Frank Harmon

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Gregg Hansen

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John Buchmann
Richard Manthie

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Robert Nicholson

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Roland Pitre

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Rory Star

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Shane Smith

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William Brooks

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PageID.8 Page 8 of 46

Richard King

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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.

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4.18 On June 30, 2020, on behalf of Defendants, Defendant Mailroom

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Sergeant John D. Turner rejected THE HABEAS CITEBOOK sent to Richard Manthie.

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Richard Manthie was a prisoner at the Coyote Ridge Corrections Center at the time

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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.

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4.19 Together with this mail rejection notice, Defendant Turner sent a

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letter to HRDC explaining: “In my view and review of DOC policy 590.500 I

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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

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have the issue resolved.” He added, “I believe this will resolve any issues of the

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book being allowed or not allowed. I am currently changing all rejections for the

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book to publication rejections and will be sending out new notices to update the

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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.

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4.21 On July 7, 2020, HRDC received a letter from Charles McKee

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alerting it that he had not received THE HABEAS CITEBOOK. Mr. McKee stated that

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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

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book as soon as possible because he had planned to rely on it in meeting an

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upcoming filing deadline.

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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.

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4.24 On July 13, 2020, Richard Manthie wrote HRDC alerting it that he

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had not received THE HABEAS CITEBOOK and had been notified that the book sent

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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

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4.25 On July 18, 2020, Carl Brooks wrote HRDC alerting them that he had

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not received THE HABEAS CITEBOOK and had been notified that the book sent to

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him had been rejected. Mr. Brooks stated he had appealed Coyote Ridge

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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.

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4.27 HRDC intends to continue sending THE HABEAS CITEBOOK to
prisoners at Coyote Ridge Corrections Center in the future.

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DOC Policy1

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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

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…

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“3. Individuals will not possess legal materials (e.g., case law,
legal documents) containing information about another
incarcerated Washington State incarcerated individual.”

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4.29 DOC Policy on “Mail for Individuals in Prison,” 450.100, states in
pertinent part:
Rejecting Mail

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“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.”

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Publications

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Defendants’ rejection notices identified above contain portions of the DOC’s

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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

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ECF No. 1

filed 12/09/20

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“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.”

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“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.”

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4.30 Defendants’ policies, practices, customs, or usages violate the First

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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

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filed 12/09/20

PageID.12 Page 12 of 46

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mail to prisoners confined at the Coyote Ridge Corrections Center, and prisoners at

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the Coyote Ridge Corrections Center.

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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.

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4.36 Defendants’ policies, practices, customs, or usages have violated,

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continue to violate, and are reasonably expected to violate in the future Plaintiff’s

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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.

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4.37 Defendants are responsible for or personally participated in creating

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and implementing these unconstitutional policies, practices, customs, or usages, or

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for training and supervising the mail staff members whose conduct also have

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injured and continue to injure Plaintiff and others, or ratified, or adopted the
policies or actions described herein.
V.

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CAUSES OF ACTION
COUNT 1

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FIRST AMENDMENT

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TO THE UNITED STATES CONSTITUTION

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5.1

Plaintiff alleges and incorporates by reference the preceding

paragraphs.

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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

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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

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the rights of prisoners confined at the Coyote Ridge Corrections Center under the

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First Amendment to the United States Constitution through 42 U.S.C. § 1983.

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5.3

continue to cause damage.
5.4

Plaintiff seeks nominal, compensatory, and punitive damages against

all Defendants in their individual capacities.

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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.

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COUNT 2
DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT
TO THE UNITED STATES CONSTITUTION

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5.6
paragraphs.
5.7

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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.

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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

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VI.
6.1

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ECF No. 1

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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

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Coyote Ridge Corrections Center, refusing to deliver or allow delivery of any other

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documents sent to prisoners at the Coyote Ridge Corrections Center that contain

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third party legal material, and censoring or rejecting mail on the same grounds that

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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

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Defendants from continuing to violate the Constitution, and providing other

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equitable relief;

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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

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7.5

ECF No. 1

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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

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By:

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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

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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

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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

.



 

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