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Washington Office of Corrections Ombuds Investigation of Delayed Cancer Diagnosis and Management 2021

Publication • 2021

Filed under: Cancer, Inadequate Health Care Facilities

Washington Office of Corrections Ombuds Investigation of Delayed Cancer Diagnosis and Management 2021 OCO INVESTIGATION OF DELAYED CANCER DIAGNOSIS & MANAGEMENT CONDUCTED BY PATRICIA H. DAVID MD MSPH CCHP, DIRECTOR OF PATIENT SAFETY AND PERFORMANCE REVIEW SUMMARY OF CONCERN The Office of the Corrections Ombuds (OCO) previously conducted two investigations …

Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application

Article • May 15, 2021 • from CLN June, 2021

Filed under: Civil Rights Actions or Offenses/Bivens Actions, Lesser Harms

Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application by Douglas Ankney by Douglas Ankney The Supreme Court of Washington reaffirmed that State v. Workman, 584 P.2d 382 (Wash. 1978), provides the appropriate test in determining whether a defendant is entitled to a lesser …

Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional

Article • May 15, 2021 • from CLN June, 2021

Filed under: Simple Possession/Personal Use versus Distribution, Denial of Due Process

Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Washington held that the state’s strict-liability drug possession law, codified at RCW 69.50.4013(1), is unconstitutional. Shannon Blake was arrested in connection with an …

C.H. V. State of Washington, WA, Complaint, Sexual Abuse, 2021

Brief • April 23, 2021

Filed under: Criminal Sexual Abuse

C.H. V. State of Washington, WA, Complaint, Sexual Abuse, 2021 E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON April 23 2021 3:09 PM 1 2 3 4 Darrell Cochran Pfau, Cochran, Vertetis & Amala, PLLC 909 A Street, Suite 700 Tacoma, WA 98402 (253) 777-0799 darrell@pcvalaw.com KEVIN STOCK Kevin M. …

Rogers v. DCYF, WA, Complaint, Strip Search, 2021

Brief • April 6, 2021

Filed under: Strip Searches

Rogers v. DCYF, WA, Complaint, Strip Search, 2021 Case 3:21-cv-05248-RAJ-MLP Document 1 Filed 04/06/21 Page 1 of 23 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 MICHAEL ROGERS, …

Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding

Article • March 15, 2021 • from CLN April, 2021

Filed under: Attorney Misconduct, Counsel - Effective Assistance of, Tolling of Statutes of Limitations and Laches

Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Supreme Court of Washington, the Court, sitting en banc, adopted the federal standard enunciated in Lawrence v. Florida, …

News in Brief

Article • February 15, 2021 • from CLN March, 2021

Filed under: News in Brief

News in Brief by California: Santa Clara County Sheriff’s Deputy Sukhdeep Gill, 27, was arrested in January 2021 for faking his own shooting and alleging he’d been a victim in a drive-by shooting while on patrol, according to thefreethoughtproject.com. He was charged with felony vandalism and falsely reporting a crime, …

Lindsey v. Nolan, WA, Complaint, Sexual Assault of Incarcerated Inmate, 2021

Brief • January 29, 2021

Filed under: Sexual Assault

Lindsey v. Nolan, WA, Complaint, Sexual Assault of Incarcerated Inmate, 2021 Case 3:21-cv-05078-BJR Document 1 Filed 01/29/21 Page 1 of 8 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 8 9 JOSIAH LINDSEY, an individual, Plaintiff, 10 11 12 No. COMPLAINT …

Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings

Article • January 15, 2021 • from CLN February, 2021

Filed under: Electronic Surveillance, Child Pornography

Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings by The internet age has brought a whole range of problems to go along with the marvels of convenience and efficiency. One of these problems stems from the “connectivity” so often touted as a benefit of social …

Washington Supreme Court: Prosecutor’s War on Drugs Comments Denies Fair Trial

Article • December 15, 2020 • from CLN January, 2021

Filed under: Prosecutor/Attorney General Misconduct, War on Drugs, Fair Trial

Washington Supreme Court: Prosecutor’s War on Drugs Comments Denies Fair Trial by David Reutter by David M. Reutter The Supreme Court of Washington held a prosecutor committed flagrant and ill-intentioned misconduct by framing a defendant’s prosecution as representative of the war on drugs. The Court’s opinion was issued in an …

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

Filing • December 9, 2020

Filed under: Complaints, PLN Litigation, Censorship

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

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

Brief • December 9, 2020

Filed under: Complaints, PLN Litigation, Censorship

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

Washington Supreme Court Announces Prohibition Against Blanket Shackling Policies at Pretrial Proceedings

Article • November 15, 2020 • from CLN December, 2020

Filed under: Shackles

Washington Supreme Court Announces Prohibition Against Blanket Shackling Policies at Pretrial Proceedings by Anthony Accurso by Anthony Accurso The Supreme Court of Washington issued a ruling that both clarified the standards governing the use of shackles during all court appearances and criticized the adoption of blanket policies for shackling without …

$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case

Article • October 21, 2020

Filed under: Excessive Charges, Terry Stops

$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case by Mark Wilson by Mark Wilson  On August 4, 2011, a federal court in Washington state granted attorneys’ fees and costs on a Plaintiff’s Terry stop verdict. Yet the court reduced the $418,000 fee award request to just $90,042.12 …

News in Brief

Article • October 15, 2020 • from CLN November, 2020

Filed under: News in Brief

News in Brief by Alaska: Police here can fly over property but they “cannot use cameras and drones for aerial searches of property without a warrant,” the Alaska Court of Appeals ruled. “The ruling stems from a 2012 case in which Alaska State Troopers received a tip about marijuana being …

$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case

Article • October 5, 2020

Filed under: Police, Excessive Force (Police), Pat Down Searches

$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case by Mark Wilson by Mark Wilson On August 4, 2011, a federal court in Washington state granted attorneys’ fees and costs on a Plaintiff’s Terry stop verdict. Yet the court reduced the $418,000 fee award request to just $90,042.12 …

News in Brief

Article • September 15, 2020 • from CLN October, 2020

Filed under: News in Brief

News in Brief by California: Marissa Cruz and Paea Tukuafu filed a civil rights lawsuit against the city of San Jose police in August 2020, claiming they were “battered and bruised” by cops and subject to unreasonable search and entry. The two were celebrating ahead of Cruz’s 22nd birthday at …

Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes

Article • July 15, 2020 • from CLN August, 2020

Filed under: Searches - Automobile, In Custody

Washington Supreme Court: Defendant Detained for Search at Border Was ‘In Custody’ for Miranda Purposes by Douglas Ankney by Douglas Ankney The Supreme Court of Washington determined that Alejandro Escalante was “in custody” and entitled to the warnings enunciated in Miranda v. Arizona, 384 U.S. 436 (1966), when he was …

Plenty of Practice Prevents Poor Police Performance

Article • June 15, 2020 • from CLN July, 2020

Filed under: Police Misconduct, Staff Training

Plenty of Practice Prevents Poor Police Performance by Edward Lyon by Ed Lyon It is a rare week to pass without a report of an accidental shooting by police. The reason for better than 99 percent of these accidental weapon discharges is the lack of ongoing firearm training after a …

5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race

Article • June 15, 2020 • from CLN July, 2020

Filed under: Racial Profiling, Traffic stop

5-Year Study Shows Police Stop Black Drivers Less Often at Night When ‘Veil of Darkness’ Obscures Race by Douglas Ankney by Douglas Ankney In the largest-ever study of racial profiling by police during traffic stops, Stanford University has shown that Black people are much less likely to be stopped after …