Case: Davey v. Pierce County Council

3:21-cv-05068 | U.S. District Court for the Western District of Washington

Filed Date: Jan. 25, 2021

Closed Date: May 30, 2023

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Case Summary

This case involves allegations of inhumane conditions in Washington's Pierce County Jail relating to plumbing problems and sewage backups. This lawsuit was initiated on January 25, 2021 when plaintiff filed a pro se complaint in the US District Court for the Western District of Washington against Pierce County and individuals at the Pierce County Sheriff’s Department. (The complaint was filed on behalf of two plaintiffs, but the court later dismissed one and ordered each to file their own indiv…

This case involves allegations of inhumane conditions in Washington's Pierce County Jail relating to plumbing problems and sewage backups.

This lawsuit was initiated on January 25, 2021 when plaintiff filed a pro se complaint in the US District Court for the Western District of Washington against Pierce County and individuals at the Pierce County Sheriff’s Department. (The complaint was filed on behalf of two plaintiffs, but the court later dismissed one and ordered each to file their own individual claims). The plaintiff sued under 42 USC § 1983, alleging that conditions in the Mental Health Unit of the Pierce County Jail relating to plumbing and sewer conditions violated the 14th Amendment's Due Process Clause and the 8th Amendment's prohibition on cruel and unusual punishment. The plaintiff also brought claims under Washington state law.

Specifically, the plaintiff alleged that he was being held in inhumane and dangerously unsanitary conditions due to the constant smell of urine and feces caused by sewage backup and other sanitation issues. Plaintiff also alleged that the staff failed to provide adequate cleaning and personal protective equipment and generally ignored complaints. He sought declaratory relief, an injunction, and compensatory and punitive damages. The case was assigned to District Judge John C. Coughenour.

On March 31, 2021, the plaintiff moved for appointment of counsel. Plaintiff filed an amended complaint on April 20, 2021. The following month, on May 24, Magistrate Judge S. Kate Vaughn denied plaintiff’s motion to appoint counsel. In June 2021, defendants filed a motion to dismiss for failure to state a claim and, alternatively, to change venue.

Plaintiff filed a motion for leave to file another amended complaint on December 21, 2021. On that same day, the case was reassigned to District Judge Lauren King.

On March 10, 2022, Magistrate Judge Vaughn issued a R&R that recommended partially granting both defendants’ motion to dismiss and plaintiff’s motion for leave to file a second amended complaint. 2022 WL 2791521. Specifically, Magistrate Judge Vaughn recommended denying Defendants' motion to dismiss and granting plaintiff’s motion to amend with respect to the plaintiff's constitutional claims against certain specific defendants in their individual capacities. However, the magistrate judge recommended dismissing individual constitutional claims against other named defendants where the claims were based on a theory of vicarious liability. Magistrate Judge Vaughn also recommended granting plaintiff's motion to amend and denying defendants’ motion to dismiss with respect to the constitutional claims against the County, claims against all the individual named defendants in their official capacities, and the state law claims. Magistrate Vaughn also recommended denying defendant’s motion to change venue. This report was adopted by Judge King on July 15, 2022. 2022 WL 2789010. On the same day, the plaintiff filed his second amended complaint.

On August 8, 2022, Magistrate Judge Vaughn reconsidered plaintiffs request for appointment of counsel and granted it because the plaintiff's claims had largely survived the motion to dismiss. 2022 WL 3155368.

The parties subsequently settled the case. On May 30, 2023, the court directed the clerk to enter judgment in favor of Plaintiff for $33,000 plus an additional $12,000 in fees and costs. The case is now closed. However, the plaintiff filed a subsequent lawsuit in 2023, alleging that the sanitation conditions at the jail were still unconstitutional and seeking to represent a class of people detained at the jail.

Summary Authors

Maddie Mitzner (3/14/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/46104120/parties/davey-v-pierce-county-council/

Judge(s)

Coughenour, John C. (Washington)

Attorney for Plaintiff

Fleming-Ralston, Ezra (Washington)

Harris, Alissa N (Washington)

Pritchard, J. Scott (Washington)

Attorney for Defendant

Cornelius, Frank (Washington)

Judge(s)

Coughenour, John C. (Washington)

Attorney for Plaintiff

Fleming-Ralston, Ezra (Washington)

Harris, Alissa N (Washington)

Pritchard, J. Scott (Washington)

Rubin, Michael P (Washington)

Attorney for Defendant

Cornelius, Frank (Washington)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3 3:21-cv-05068	Complaint	Jan. 25, 2021	Jan. 25, 2021 Complaint
22 3:21-cv-05068	Prisoner Civil Rights Complaint	March 31, 2021	March 31, 2021 Complaint
26 3:21-cv-05068	Amended Complaint	April 20, 2021	April 20, 2021 Complaint
66 3:21-cv-05068	Report and Recommendation	March 10, 2022	March 10, 2022 Magistrate Report/Recommendation 2022 WL 2791521
71 3:21-cv-05068	Order Adopting Report and Recommendation	July 15, 2022	July 15, 2022 Order/Opinion 2022 WL 2789010
81 3:21-cv-05068	Second Amended Complaint	July 15, 2022	July 15, 2022 Complaint
73 3:21-cv-05068	Order Reconsidering Request for Appointment of Counsel and Directing Pro Bono Coordinator to Identify Pro Bono Counsel	Aug. 8, 2022	Aug. 8, 2022 Order/Opinion 2022 WL 3155368
103 3:21-cv-05068	Order	May 30, 2023	May 30, 2023 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/46104120/davey-v-pierce-county-council/

Last updated March 16, 2026, 4:27 a.m.

ECF Number	Date	Description	Link
1	Jan. 25, 2021	MOTION for Leave to Proceed In Forma Pauperis before Judge Theiler, filed by Justin Allen Davey. (Attachments: # 1 PROPOSED 1983 Prisoner Civil Rights Complaint, # 2 Exhibit, # 3 Declaration of Ezra Fleming-Ralston, # 4 Declaration of Skyler Yeaman, # 5 Declaration of Elijah King, # 6 Declaration of Jonas LJ Canley, # 7 Declaration of Matthew Field, # 8 PROPOSED Motion to Appoint Counsel, # 9 Prison Trust Account)(ST) (Entered: 01/27/2021)	RECAP
3	Jan. 25, 2021	PROPOSED 1983 Prisoner Civil Rights Complaint filed by Plaintiff Ezra Fleming-Ralston. NO FILING FEE/NO IFP. (Attachments: # 1 Exhibit, # 2 Declaration of Plaintiff Ezra Fleming-Ralston, # 3 Declaration of Skyler Yeaman, # 4 Declaration of Elijah King, # 5 Declaration of Jonas LJ Canley, # 6 Declaration of Matthew Field)(ST) (Entered: 01/27/2021)	Clearinghouse
2	Jan. 27, 2021	LETTER to Justin Allen Davey re case number and Judge assignment. (cc: plaintiff Justin Allen Davey via USPS) (ST) (Entered: 01/27/2021)	RECAP
4	Jan. 27, 2021	LETTER to Ezra Fleming-Ralston re IFP Deficiency:- The filing fee requirement must be met. Please submit the $402 filing fee or an Application to Proceed In Forma Pauperis (IFP). An IFP form is enclosed for your convenience. - You must sign and date the complaint. A copy of the complaint is enclosed.Filer has until 2/26/2021 to correct. (cc: plaintiff Ezra Fleming-Ralston w/copy of complaint and IFP form via USPS) (ST) (Entered: 01/27/2021)	RECAP
	Jan. 27, 2021	Set/Reset Deadlines: Filer Ezra Fleming-Ralston has until 2/26/2021 to correct deficiencies. (ST)
	Jan. 27, 2021	Set/Reset Deadlines
5	Feb. 3, 2021	LETTER from Justin Allen Davey re Declarations. (Attachments: # 1 Declaration of Eric Lee Sicard, # 2 Declaration of Taldon Maddock, # 3 Declaration of Steve Rodriguez, # 4 Declaration of Mark Erisman, # 5 Declaration of Matthew Webb)(ST) (Entered: 02/04/2021)	RECAP
6	Feb. 3, 2021	LETTER from Justin Allen Davey re Motion to Appoint Counsel (Dkt# 1-8). (Plaintiff requested a copy of the complaint, however, a copy was enclosed with the 4 IFP Deficiency Letter filed on 1/27/2021) (ST) (Entered: 02/04/2021)	RECAP
7	Feb. 10, 2021	STRICKEN MOTION APPLICATION to Proceed In Forma Pauperis by Plaintiff Ezra Fleming-Ralston. (Attachments: # 1 PROPOSED 1983 Prisoner Civil Rights Complaint, # 2 Exhibit, # 3 Declaration of Ezra Fleming-Ralston, # 4 Declaration of Skyler Yeaman, # 5 Declaration of Elijah King, # 6 Declaration of Jonas LJ Canley, # 7 Declaration of Matthew Field, # 8 Prison Trust Account)(ST) Modified on 2/11/2021. Plaintiff complied with signature requirement on complaint. Application updated to motion. (ST) Modified on 4/28/2021. Stricken per 27 Order. (ST) (Entered: 02/11/2021) 1 PROPOSED 1983 Prisoner Civil Rights Complaint View on PACER 2 Exhibit View on PACER 3 Declaration of Ezra Fleming-Ralston View on PACER 4 Declaration of Skyler Yeaman View on PACER 5 Declaration of Elijah King View on PACER 6 Declaration of Jonas LJ Canley View on PACER 7 Declaration of Matthew Field View on PACER 8 Prison Trust Account View on PACER	RECAP
	Feb. 10, 2021	IFP deficiency corrected in part as to plaintiff Ezra Fleming-Ralston. (ST) Modified on 2/11/2021. Plaintiff complied with signature requirement on complaint. (ST)
	Feb. 10, 2021	REFERRING 7 MOTION for Leave to Proceed In Forma Pauperis to Judge Mary Alice Theiler (ST)
	Feb. 11, 2021	IFP Deficiency Corrected
	Feb. 11, 2021	Motions Referred
8	Feb. 18, 2021	STRICKEN PROPOSED Motion to Amend 1 1983 Complaint, filed by Plaintiff Justin Allen Davey. (ST) Modified on 4/28/2021. Stricken per 27 Order. (ST) (Entered: 02/19/2021)	RECAP
9	Feb. 18, 2021	STRICKEN DECLARATION of Roger Woodard requesting to be added as a plaintiff to the case. (ST) (Main Document 9 replaced on 2/19/2021. Declarations of Erkyhun Tefery and Richard Lovejoy should have been filed separately.) (ST) Modified on 3/4/2021. Stricken per 12 Order to Show Cause. (ST) (Entered: 02/19/2021)	RECAP
10	Feb. 18, 2021	STRICKEN DECLARATION of Erkyhun Tefery re 1 1983 Complaint. (ST) Modified on 2/19/2021. Added link to complaint. (ST) Modified on 3/4/2021. Stricken per 12 Order to Show Cause. (ST) (Entered: 02/19/2021)	RECAP
11	Feb. 18, 2021	STRICKEN DECLARATION of Richard Lovejoy re 1 1983 Complaint. (ST) Modified on 3/4/2021. Stricken per 12 Order to Show Cause. (ST) (Entered: 02/19/2021)	RECAP
12	March 4, 2021	ORDER TO SHOW CAUSE AND STRIKING NON-PARTY FILINGS by Hon. Mary Alice Theiler re Dkts. 1-1, 7-1, Proposed 1983 Prisoner Civil Rights Complaint. Filings 9 Declaration of Roger Woodard; 10 Declaration of Erkyhun Tefery; 11 Declaration of Richard Lovejoy are improper and STRICKEN. Show Cause Response due by 4/14/2021. (cc: plaintiffs' Justin Allen Davey, Ezra Fleming-Ralson; Roger Woodard, Erkyhun Tefery, Richard Lovejoy via USPS) (ST) (Entered: 03/04/2021)	RECAP
	March 4, 2021	NOTE: Non-party Erkyhun Tefery did not include a booking number on the 10 Declaration and is not listed on the Pierce County Jail's inmate roster. Copy of order mailed to his attention at the Pierce County Jail without a booking number. (ST)
	March 4, 2021	Docket Annotation/Remark (public entry)
13	March 8, 2021	STRICKEN PROPOSED Application to Proceed In Forma Pauperis, filed by Justin D Mohler (non-party to action) (Attachments: # 1 Exhibit, # 2 Prison Trust Account)(ST) Modified on 4/28/2021. Stricken per 27 Order. (ST) (Entered: 03/10/2021)	RECAP
14	March 8, 2021	STRICKEN PROPOSED Application to Proceed In Forma Pauperis, filed by Roger Woodard (non-party to action) (Attachments: # 1 Prison Trust Account)(ST) Modified on 4/28/2021. Stricken per 27 Order. (ST) (Entered: 03/10/2021) 1 Prison Trust Account View on PACER	RECAP
15	March 9, 2021	STRICKEN PROPOSED Amended 1983 Prisoner Civil Rights Complaint filed by Plaintiffs Justin Allen Davey, Ezra Fleming-Ralston re Dkt. 1-1 Proposed 1983 Prisoner Civil Rights Complaint. (Attachments: # 1 Declaration of Roger Woodard, # 2 Declaration of Ezra Fleming-Ralston, # 3 Declaration of Justin Mohler, # 4 Exhibit re Justin Davey) (ST) Modified on 4/1/2021. Description of attachment 4 updated to exhibit. (ST) Modified on 4/28/2021. Stricken per 27 Order. (ST) (Entered: 03/10/2021) 1 Declaration of Roger Woodard View on PACER 2 Declaration of Ezra Fleming-Ralston View on PACER 3 Declaration of Justin Mohler View on PACER 4 Grievance Form re Justin Davey View on PACER	RECAP
16	March 15, 2021	RESPONSE TO 12 ORDER TO SHOW CAUSE by Roger Woodard (non-party to action) (ST) (Entered: 03/18/2021)	RECAP
17	March 15, 2021	RESPONSE TO 12 ORDER TO SHOW CAUSE by Plaintiff Ezra Fleming-Ralston. (ST) (Entered: 03/18/2021)	RECAP
18	March 15, 2021	RESPONSE TO 12 ORDER TO SHOW CAUSE by Plaintiff Justin Allen Davey. (ST) (Entered: 03/18/2021)	RECAP
19	March 17, 2021	Mail addressed to Erkyhun Tefery returned as Undeliverable re 12 Order to Show Cause. (ST) (Entered: 03/19/2021)	RECAP
20	March 22, 2021	NOTICE of Change of Address, filed by Plaintiff Justin Allen Davey. (Docket updated)2 PAGE(S), PRINT NEF ONLY(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(ST) (Entered: 03/23/2021)	RECAP
	March 22, 2021	NOTICE TO FILER re 20 Notice of Change of Address. NON-COMPLIANCE WITH PRISONER E-FILING INITIATIVE. The Western District of Washington received documents from you for filing through the U.S. Postal Service. Pursuant to General Order 06-16, participation in the Prisoner E-Filing Initiative is mandatory for all prisoner litigants incarcerated at the Washington Corrections Center-Shelton. These documents will be filed by the clerk in this instance, it is not necessary to refile. Please comply by submitting all future documents to be filed with this Court to the Law Librarian/designee for electronic filing. 0 PAGE(S), PRINT NEF ONLY(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(ST)
	March 23, 2021	Notice to Filer
21	March 31, 2021	ORDER GRANTING 1 APPLICATION TO PROCEED IN FORMA PAUPERIS AND DIRECTING INSTITUTION TO CALCULATE, COLLECT, AND FORWARD PAYMENTS RE JUSTIN ALLEN DAVEY by Hon. Mary Alice Theiler. (cc: Plaintiff, DOC, WAWD Finance)2 PAGE(S), PRINT ALL(Justin Davey, Prisoner ID: 311532) (ST) (Entered: 04/01/2021)	RECAP
22	March 31, 2021	1983 PRISONER CIVIL RIGHTS COMPLAINT, filed by Justin Allen Davey against defendant(s) Patti Jackson, Pierce County Council, Ed Troyer with JURY DEMAND. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)DO NOT PRINT(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(ST) (Entered: 04/01/2021)	Clearinghouse
23	March 31, 2021	MOTION to Amend 22 1983 Prisoner Civil Rights Complaint, filed by Plaintiff Justin Allen Davey. (Attachments: # 1 PROPOSED Amended 1983 Prisoner Civil Rights Complaint)28 PAGE(S), PRINT NEF ONLY(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(ST) (Entered: 04/01/2021)	RECAP
24	March 31, 2021	MOTION to Appoint Counsel, filed by Plaintiff Justin Allen Davey. 4 PAGE(S), PRINT NEF ONLY(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(ST) (Entered: 04/01/2021)	RECAP
25	April 1, 2021	REPORT AND RECOMMENDATION re 7 MOTION for Leave to Proceed In Forma Pauperis filed by Ezra Fleming-Ralston, 14 Proposed Document(s), 15 Proposed Document(s), filed by Justin Allen Davey, Ezra Fleming-Ralston, 13 Proposed Document(s), 8 Proposed Document(s) filed by Justin Allen Davey. Objections to R&R due by 4/22/2021, Noting Date 4/23/2021. Signed by Hon. Mary Alice Theiler. (Attachments: # 1 R&R Proposed Order)9 PAGE(S), PRINT ALL(Justin Davey, Prisoner ID: 311532; Ezra Fleming-Ralston, Prisoner ID: 2020139010)(GB) (Entered: 04/01/2021)	RECAP
26	April 20, 2021	AMENDED 1983 Prisoner Civil Rights Complaint filed by Justin Allen Davey. 28 PAGE(S), PRINT NEF ONLY(Justin Davey, Prisoner ID: 311532)(ST) Modified on 5/21/2021. Stricken per 27 Order. (ST) Modified on 5/24/2021. Per 29 Order, 26 Proposed 1983 Amended Complaint filed as operative Amended Complaint. (ST) (Entered: 04/20/2021)	Clearinghouse
27	April 28, 2021	ORDER ADOPTING 25 REPORT AND RECOMMENDATION, by U.S. District Judge John C. Coughenour. The second-named plaintiff, Ezra Fleming-Ralston is DISMISSED without prejudice. Ezra Fleming-Ralston's 7 Motion to Proceed In Forma Pauperis is STRICKEN. Non-parties Justin D. Mohler's 13 Motion to Proceed In Forma Pauperis and Roger Woodard's 14 Motion to Proceed In Forma Pauperis are STRICKEN. Plaintiff Justin Allen Davey's 8 Motion to Amend Complaint and 15 Motion to Amend Complaint are STRICKEN. If Ezra Fleming-Ralston chooses to refile his claims, he shall proceed by filing a new complaint addressing only his individual claims and pay a new filing fee or file a Motion to Proceed In Forma Pauperis. This matter is RE-REFERRED back to the Hon. Mary Alice Theiler for further proceedings. (cc: Ezra Fleming-Ralston w/1983 Complaint form via USPS) 2 PAGE(S), PRINT ALL(Justin Davey, Prisoner ID: 311532) (ST) (Entered: 04/28/2021)	RECAP
28	May 3, 2021	MINUTE ORDER REASSIGNING REFERRAL JUDGE by Clerk William M McCool. Referral Judge is reassigned to Magistrate Judge Mary Alice Theiler's successor, Magistrate Judge S. Kate Vaughan. 1 PAGE(S), PRINT NEF ONLY(Justin Davey, Prisoner ID: 311532)(KMP) (Entered: 05/04/2021)	RECAP
29	May 21, 2021	ORDER DIRECTING DOCKETING AND SERVICE OF 26 AMENDED 1983 COMPLAINT by Hon. S. Kate Vaughan. Served by First-Class Mail on 5/24/21 to Ed Troyer; Patti Jackson; B. Sutherlin; Dobson; Mastandrea; D. Herbison; T. Pearson. (cc: Pierce County Sheriff's Office via USPS) (Attachments: # 1 Pro Se Instruction Sheet)7 PAGE(S), PRINT ALL(Justin Davey, Prisoner ID: 311532)(ST) (Entered: 05/24/2021)	RECAP
30	May 21, 2021	ORDER DIRECTING PERSONAL SERVICE OF 26 AMENDED 1983 COMPLAINT BY UNITED STATES MARSHAL, by Hon. S. Kate Vaughan. Packet with documents to be served on Pierce County Chief Executive forwarded to US Marshals on 4/24/2021. (cc: Pierce County Prosecutor's Office via USPS) 5 PAGE(S), PRINT ALL(Justin Davey, Prisoner ID: 311532)(ST) (Entered: 05/24/2021)	RECAP
31	May 24, 2021	ORDER DENYING 24 MOTION TO APPOINT COUNSEL, signed by Hon. S. Kate Vaughan. 2 PAGE(S), PRINT ALL(Justin Davey, Prisoner ID: 311532)(ST) (Entered: 05/24/2021)	RECAP
32	June 17, 2021	NOTICE of Appearance by attorney Frank Cornelius on behalf of Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer. PRINT ALL(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 06/17/2021)	RECAP
33	June 25, 2021	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer. (Attachments: # 1 Proposed Order) Noting Date 1/28/2022 12/3/2021 7/23/2021, PRINT ALL(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) Modified on 10/28/2021 to renote noting date per dkt 44 (SR). Modified on 11/23/2021 to renote noting date per dkt 48 (SB). (Entered: 06/25/2021)	RECAP
34	June 25, 2021	NOTICE to Pro Se Inmate re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer. PRINT ALL(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 06/25/2021)	RECAP
35	June 29, 2021	Mail addressed to Justin Allen Davey returned as Undeliverable re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, (Attachments: # 1 Returned Mail re: 34 Notice to Pro Se Inmate) 6 PAGE(S), PRINT ALL(Justin Davey, Prisoner ID: 311532) Plaintiff is now at Stafford Creek Corrections Center. Clerk has updated address on docket and will regenerate NEFs re documents # 33 34 to Plaintiff. (PM) (Entered: 06/29/2021)	RECAP
36	June 30, 2021	*STRICKEN FROM THE DOCKET, DUPLICATE OF 33 * MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer. (Attachments: # 1 Proposed Order) Noting Date 12/3/2021 7/23/2021, PRINT ALL(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) Modified on 10/28/2021 to renote noting date per dkt 44 (SR). Modified on 11/18/2021 to strike entry (SR). (Entered: 06/30/2021)	RECAP
37	June 30, 2021	NOTICE to Pro Se Inmate ; filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer. PRINT ALL(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 06/30/2021)	RECAP
38	July 20, 2021	REPLY, filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer, TO RESPONSE to 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PRINT ALL(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 07/20/2021)	RECAP
39	July 20, 2021	RESPONSE, by Plaintiff Justin Allen Davey, to 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: # 1 Declarations)46 PAGE(S), PRINT NEF ONLY(Justin Davey, Prisoner ID: 311532)(PM) **NEF has been regenerated on 7/23/2021 for the Plaintiff per dkt 41 . (Entered: 07/20/2021)	RECAP
40	July 22, 2021	MOTION to Consider re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Plaintiff Justin Allen Davey. Noted by clerk for 8/6/2021. 5 PAGE(S), PRINT NEF ONLY (Justin Davey, Prisoner ID: 311532) (SR) (Entered: 07/22/2021)	RECAP
41	July 23, 2021	NOTICE re 39 Response to Motion; filed by Plaintiff Justin Allen Davey. 3 PAGE(S), PRINT NEF ONLY(Justin Davey, Prisoner ID: 311532)(SR) (Entered: 07/23/2021)	RECAP
42	July 23, 2021	SURREPLY filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PRINT ALL(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 07/23/2021)	RECAP
44	Oct. 28, 2021	ORDER re Defendants' 33 36 Motions to Dismiss for Failure to State a Claim. Defendants shall clarify to the Court whether their motions to dismiss, Dkts. 33, 36, are in fact identical and whether it is appropriate for Defendants to withdraw one of the motions or for the Court to strike one of the motions as duplicative on or before 11/17/2021. Defendants are directed to submit additional briefing on their motion(s) to dismiss on or before 11/17/2021. Plaintiff may file a response to Defendants' additional briefing on or before 11/29/2021. Defendants may file a reply on or before 12/3/2021. The Clerk is directed to re-note Defendants' motions to dismiss, Dkts. 33, 36, to December 3, 2021. Signed by Hon. S. Kate Vaughan. 4 PAGE(S), PRINT ALL (Justin Davey, Prisoner ID: 311532) (SR) (Entered: 10/28/2021)	RECAP
45	Nov. 3, 2021	MOTION for Extension of Time to Reply to the Court's 44 Order, filed by Plaintiff Justin Allen Davey. Noted by clerk for 11/19/2021. 3 PAGE(S), PRINT NEF ONLY (Justin Davey, Prisoner ID: 311532) (SR) (Entered: 11/03/2021)	RECAP
46	Nov. 15, 2021	ORDER re Plaintiff's 40 Motion to Consider Late Response to Motion to Dismiss. Plaintiff's motion, Dkt. 40, is GRANTED and the Court will consider his response, Dkt. 39, in considering Defendants' motions to dismiss. Signed by Hon. S. Kate Vaughan. 2 PAGE(S), PRINT ALL (Justin Davey, Prisoner ID: 311532) (SR) (Entered: 11/15/2021)	RECAP
47	Nov. 17, 2021	SUPPLEMENT re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer PRINT ALL(Justin Davey, Prisoner ID: 311532)(Cornelius, Frank) (Entered: 11/17/2021)	RECAP
	Nov. 18, 2021	*Motion terminated: 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by D Herbison, Ed Troyer, Mastandrea, Dobson, B. Sutherlin, Patti Jackson, Pierce County Council, T Pearson. Motion is a duplicate of dkt. 33 and is now terminated. 0 PAGE(S), PRINT NEF ONLY** (Justin Davey, Prisoner ID: 311532) (SR)
	Nov. 18, 2021	Terminate Motions (Public, notice to parties)
48	Nov. 23, 2021	ORDER granting Plaintiff's 45 Motion for Extension of Time. Plaintiff's response to Defendants' supplemental brief, Dkt. 47, is due by 1/24/2022. Defendants' reply is due by 1/28/2022. The Clerk is directed to re-note Defendants' motion to dismiss, Dkt. 33, to 1/28/2022. Signed by Hon. S. Kate Vaughan. 2 PAGE(S), PRINT ALL(Justin Davey, Prisoner ID: 311532)(SB) (Entered: 11/23/2021)	RECAP
49	Dec. 9, 2021	NOTICE: Plaintiff Justin Allen Davey has registered to electronically file and receive electronic service in this case. Plaintiff has been advised to file a Notice of Change of Address as soon as possible. (KB) (Entered: 12/09/2021)	RECAP
50	Dec. 9, 2021	Motion to File Amended Complaint Second AMENDED PETITION with JURY DEMAND, filed by Justin Allen Davey. (Attachments: # 1 Exhibit Prisoner Kite 1, # 2 Exhibit Prisoner Kite 2, # 3 Exhibit Prisoner Kite 3, # 4 Exhibit Prisoner Kite 4, # 5 Exhibit Prisoner Kite 5, # 6 Exhibit Grievance 1, # 7 Exhibit Grievance 2, # 8 Exhibit Grievance 3, # 9 Exhibit Grievance 4, # 10 Exhibit Grievance 5, # 11 Exhibit Grievance 6)(Davey, Justin) Noted by clerk for 12/24/2021. Modified on 12/10/2021 to change event type and add noting date SR). (Entered: 12/09/2021)	RECAP
51	Dec. 10, 2021	NOTICE of Change of Address/Change of Name Filed by Plaintiff Justin Allen Davey. (Davey, Justin) (Entered: 12/10/2021)	RECAP
	Dec. 10, 2021	Noting Date Set/Reset re 50 MOTION to File Amended Complaint: Noting Date is set for 12/24/2021. (SR)
	Dec. 10, 2021	Set/Reset Motion Noting Date (Public, notice to parties)
52	Dec. 14, 2021	ORDER denying Plaintiff's 50 Motion for Leave to File an Amended Complaint. Plaintiff is granted leave to re-file his motion for leave to amend, but he must include a proposed second amended complaint with his motion. Signed by Hon. S. Kate Vaughan. (SR)(cc: Plaintiff via U.S. mail Dkt. 26, Docket Sheet, and Court's form 42 U.S.C. § 1983 civil rights complaint. (Entered: 12/14/2021)	RECAP
53	Dec. 21, 2021	Second MOTION for Leave To file Amended Complaint, filed by Plaintiff Justin Allen Davey. (Attachments: # 1 Exhibit Kites/Grievances, # 2 Amended Complaint Second Amended Complaint, # 3 Exhibit Declaration, # 4 Exhibit Declaration, # 5 Exhibit Declaration, # 6 Exhibit Declaration, # 7 Exhibit Declaration, # 8 Exhibit Declaration, # 9 Exhibit Grievance 6-16-20, # 10 Exhibit Grievance 12-16-20, # 11 Exhibit Captain Genga, # 12 Exhibit Sgt.Ake, # 13 Exhibit Grievance Procedure, # 14 Exhibit Received Letter, # 15 Exhibit Received Letter, # 16 Exhibit Received Letter, # 17 Exhibit Received Letter, # 18 Exhibit Received Letter, # 19 Exhibit Received Letter, # 20 Exhibit Received Letter) Noting Date 1/21/2022 1/3/2022, (Davey, Justin) Modified on 1/3/2022 (MW). (Entered: 12/21/2021)	RECAP
54	Dec. 21, 2021	EXHIBIT DOC Medical Kite re 53 Second MOTION for Leave To file Amended Complaint by Plaintiff Justin Allen Davey (Davey, Justin) (Entered: 12/21/2021)	RECAP
	Dec. 21, 2021	Case Reassigned to Judge Lauren King. U.S. District Judge John C. Coughenour no longer assigned to the case. (GT)
	Dec. 21, 2021	Case Assigned/Reassigned to Judge
55	Dec. 29, 2021	RESPONSE, by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer, to 53 Second MOTION for Leave To file Amended Complaint. (Cornelius, Frank) (Entered: 12/29/2021)	RECAP
56	Dec. 30, 2021	SURREPLY filed by Plaintiff Justin Allen Davey re 53 Second MOTION for Leave To file Amended Complaint (Davey, Justin) (Entered: 12/30/2021)	RECAP
57	Dec. 30, 2021	ORDER REGARDING 28 U.S.C. § 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Lauren King. (NAW) (Entered: 12/30/2021)	RECAP
58	Jan. 3, 2022	ORDER RE-NOTING Plaintiff's 53 MOTION for Leave To file Amended Complaint and Allowing Supplemental Briefing. On or before 1/14/2022, Defendants may file a supplemental response to Plaintiff's motion for leave to file an amended complaint. On or before 1/21/2022, Plaintiff may file a supplemental reply to his motion for leave to file an amended complaint. The Clerk is directed to re-note Plaintiff's motion for leave to file an amended complaint to 1/21/2022. Signed by Hon. S. Kate Vaughan. (MW) (Entered: 01/03/2022)	RECAP
59	Jan. 12, 2022	SURREPLY filed by Plaintiff Justin Allen Davey re 53 Second MOTION for Leave To file Amended Complaint Inmate Kites (Davey, Justin) (Entered: 01/12/2022)	RECAP
60	Jan. 14, 2022	RESPONSE, by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer, to 53 Second MOTION for Leave To file Amended Complaint. (Cornelius, Frank) (Entered: 01/14/2022)	RECAP
61	Jan. 19, 2022	REPLY, filed by Plaintiff Justin Allen Davey, TO RESPONSE to 53 Second MOTION for Leave To file Amended Complaint (Davey, Justin) (Entered: 01/19/2022)	RECAP
62	Jan. 28, 2022	REPLY, filed by Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer, TO RESPONSE to 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Cornelius, Frank) (Entered: 01/28/2022)	RECAP
63	Jan. 28, 2022	RESPONSE, by Plaintiff Justin Allen Davey, to 53 Second MOTION for Leave To file Amended Complaint; 62 REPLY TO RESPONSE to 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Davey, Justin) Modified to add linkage to 62 on 1/31/2022 (MW). (Entered: 01/28/2022)	RECAP
64	Feb. 19, 2022	EXHIBIT Inmate Electronic Kites/Grievance by Plaintiff Justin Allen Davey (Davey, Justin) (Entered: 02/19/2022)	RECAP
65	March 2, 2022	NOTICE of Unavailability of counsel Frank Cornelius for Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer from 3/25/2022-3/30/2022. (Cornelius, Frank) (Entered: 03/02/2022)	RECAP
66	March 10, 2022	REPORT AND RECOMMENDATION: The Court recommends that Defendants' motion to dismiss (Dkts. 33 , 47 ) and Plaintiff's motion for leave to file a second amended complaint (Dkt. 53 ) be GRANTED IN PART and DENIED IN PART. Objections to th is Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit within twenty-one (21) days of the date on which this Report and Recommendation is signed. If no timely objections are filed, the matter will be ready for consideration by the District Judge on 4/1/2022. Signed by Hon. S. Kate Vaughan. (Attachments: # 1 Proposed Order)(MW) 1 Proposed Order View on PACER	Clearinghouse
67	March 10, 2022	NOTICE of Change of Address/Change of Name Filed by Plaintiff Justin Allen Davey. (Attachments: # 1 Exhibit Court Order)(Davey, Justin) (Entered: 03/10/2022)	RECAP
68	May 13, 2022	ANSWER to Complaint; (Second Amended) by Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer.(Cornelius, Frank) (Entered: 05/13/2022)	RECAP
69	July 8, 2022	NOTICE of Unavailability of counsel Frank Cornelius for Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin from 08/15/2022 to 08/19/2022. (Cornelius, Frank) (Entered: 07/08/2022)	RECAP
70	July 14, 2022	NOTICE of Unavailability of counsel Frank Cornelius for Defendants Dobson, D Herbison, Patti Jackson, Mastandrea, T Pearson, Pierce County Council, B. Sutherlin, Ed Troyer from 08/01/2022 through 08/05/2022. (Cornelius, Frank) (Entered: 07/14/2022)	RECAP
71	July 15, 2022	ORDER ADOPTING 66 REPORT AND RECOMMENDATION. Plaintiff's motion for leave to file a second amended complaint, Dkt. No. 53, is GRANTED IN PART and DENIED IN PART. Defendants' motion to dismiss, Dkt. Nos. 33, 47, is GRANTED IN PART and DENIED IN PART. Defendants' motion to change venue, Dkt. No. 33, is DENIED. Signed by Judge Lauren King. (MW) (Entered: 07/15/2022)	Clearinghouse
81	July 15, 2022	SECOND AMENDED COMPLAINT against All Defendants with JURY DEMAND, filed by Justin Allen Davey. (Attachments: # 1 Exhibits)(LH) (Posting per the 71 Order on Report and Recommendation. Filing date approved by chambers) (Entered: 10/07/2022)	Clearinghouse
72	July 19, 2022	PRETRIAL SCHEDULING ORDER: Discovery to be completed by 10/17/2022, Dispositive motions due by 11/16/2022. Signed by Hon. S. Kate Vaughan. (MW) (Entered: 07/19/2022)	RECAP
73	Aug. 8, 2022	ORDER Reconsidering Request for Appointment of Counsel and Directing Pro Bono Coordinator to Identify Pro Bono Counsel. The Court hereby sua sponte reconsiders Plaintiff's 24 request for appointment of counsel and concludes that extraordinary circumstances now support the appointment of counsel in this case. Signed by Hon. S. Kate Vaughan. (MW) (cc: Pro Bono Coordinator) (Entered: 08/08/2022)	Clearinghouse
74	Sept. 22, 2022	NOTICE of Change of Address/Change of Name and Copy Request Filed by Plaintiff Justin Allen Davey. (LH) (Sent courtesy copy of docket, 73 Order, copy request form, and copy instruction letter to Plaintiff via US mail at SCORE-King County) (Entered: 09/22/2022)	RECAP
75	Sept. 22, 2022	NOTICE: Plaintiff Justin Allen Davey has opted to withdraw from e-filing and from receiving electronic service. Notice has been terminated and mailing address verified. See dkt # 74 for request.(STP) (Entered: 09/22/2022)	RECAP
	Sept. 22, 2022	Notice re Pro Se Registration
76	Sept. 26, 2022	MOTION to Appoint Counsel, filed by Plaintiff Justin Allen Davey. Noted by Clerk for 10/14/2022 (LH) (Entered: 09/27/2022)	RECAP
77	Sept. 28, 2022	MOTION for Continuance, filed by Plaintiff Justin Allen Davey. Noted by Clerk for 10/14/2022, (LH) (Entered: 09/28/2022)	RECAP
78	Sept. 30, 2022	REQUEST for Copies by Plaintiff Justin Allen Davey (LH) (Entered: 09/30/2022)	RECAP
79	Oct. 5, 2022	MOTION for Reconsideration re 12 Order, filed by Plaintiff Justin Allen Davey. Noted by Clerk for 10/5/2022, (LH) (Entered: 10/06/2022)	RECAP
80	Oct. 5, 2022	LETTER from Plaintiff re 73 Order Referring to Pro Bono Panel, filed by Justin Allen Davey (LH) (Entered: 10/06/2022)	RECAP
82	Oct. 7, 2022	ORDER: Plaintiff's second motion to appoint counsel, Dkt. 76, is DENIED as duplicative and moot. Plaintiff's "motion for continuance", Dkt. 77, is GRANTED to the extent that all discovery as well as the discovery and dispositive motions deadlines in this case shall be STAYED until the Court's search for counsel to represent Plaintiff is complete. The Clerk is directed to send Plaintiff a copy of the following documents to his current address at SCORE Jail: the docket sheet in this case, a copy of Plaintiff's second amended complaint, Dkt. 81, the report and recommendation on Plaintiff's motion to amend and Defendants' motion to dismiss, Dkt. 66, Defendants' answer, Dkt. 68, the order adopting the report and recommendation granting in part and denying in part Plaintiff's motion to amend and Defendants' motion to dismiss, Dkt. 71, and the pretrial scheduling order, Dkt. 72 . Signed by Hon. S. Kate Vaughan. (LH) (cc: Plaintiff via US mail. Enclosues: copies of applicable documents) (Entered: 10/07/2022)	RECAP
83	Oct. 12, 2022	ORDER denying Plaintiff's 79 MOTION for Reconsideration. The Clerk is directed to provide Plaintiff with copies of the following documents: Dkts. 1 -2 (exhibit including copies of grievances), 1 -3 (Declaration of Ezra Fleming-Ralston), 1 -4 (Declaration of Skylar Yeaman), 1 -5 (Declaration of Elijah King), 1 -6 (Declaration of Jonas LJ Canley), 1 -7 (Declaration of Matthew Field), 5 -1 (Declaration of Eric Lee Sicard), 5 -3 (Declaration of Steve Rodriguez), 5 -5 (Declaration of Matthew Webb), 10 (Declaration of Erkyhun Tefery), and 11 (Declaration of Richard Lovejoy). Signed by Hon. S. Kate Vaughan. (LH) (cc: Plaintiff via US mail. Enclosures: copies of applicable documents) (Entered: 10/12/2022)	RECAP
84	Oct. 13, 2022	MOTION to Show Cause, Strike, and Seal, filed by Plaintiff Justin Allen Davey. Noted by Clerk for 10/28/2022, (LH) (Entered: 10/14/2022)	RECAP

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Case Details

State / Territory:

Washington

Case Type(s):

Jail Conditions

Mental Health (Facility)

Key Dates

Filing Date: Jan. 25, 2021

Closing Date: May 30, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A person detained pre-trial at Pierce County Jail in Washington

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Pierce County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Other Dockets:

Western District of Washington 3:21-cv-05068

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $45,000

Issues

General/Misc.:

Sanitation / living conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Habilitation (training/treatment)

Recommended Citation

Case Summary of Davey v. Pierce County Council, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/44222/ (last updated 3/14/2025).