Herbert v. King County

Filing 87

ORDER ADOPTING REPORT AND RECOMMENDATION; DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; matter is re-referred to Judge Donohue by Judge Richard A Jones. (RS) cc plaintiff

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ANTHONY G. HERBERT,
NO. C14-1906-RAJ

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Plaintiff
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v.
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KING COUNTY, et al.,
Defendants.

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ORDER DENYING PLAINTIFF’S
MOTION FOR SUMMARY
JUDGMENT AND GRANTING
IN PART AND DENYING IN
PART DEFENDANTS’ MOTION
FOR SUMMARY JUDGMENT

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The Court, pursuant to Federal Rule of Civil Procedure 72(b)(3), and having
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reviewed and considered the Report and Recommendation of the Honorable James P.
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Donohue, United States Magistrate Judge, and any objections or responses to that, and
the remaining record, finds and Orders as follows:
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The Court ADOPTS the Report and Recommendation.

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2.

Plaintiff’s motion for summary judgment, Dkt. 64, is DENIED.

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3.

Defendants’ motion for summary judgment, Dkt. 65, is GRANTED in part

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and DENIED in part, as detailed in the Report and Recommendation.

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ORDER - 1

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4.

The following claims are DISMISSED with prejudice: Monell claims

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against King County based on restrictions in protective custody and sanitization

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requirements; retaliation claim against CPS Johnson; failure to protect claims against

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CPS Johnson and Officer L. Jones; due process hearing claim against CPS Johnson;

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claims against ARNP Schroeder, Amy Calderwood, Chuck Sloan, and Sergeant Louis;
Fifth Amendment claims against all defendants; and official capacity claims against all

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defendants.
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5.

The following claims remain in this lawsuit: Monell claims against King

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County based on the sexually explicit material ban, infrequency of haircuts, and lack of
shower curtains in Ad-Seg; excessive force against Officer Pasco; failure to protect from

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other inmates against Sergeant Justice and Officers Harvey and Pasco; First Amendment

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retaliation against Commander Karlsson, Captain Woodbury, Sergeant Fasen, CPS

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Johnson, and Officers Pasco, Gorman, and Verhelst; failure to conduct a due process

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hearing against CPS Morano and Officer Vigil; conspiracy against Nurse Trish; violation

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of due process right to be free from punishment against Commander Karlsson, Captain

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Woodbury, and Officers Robertson, Pasco, Gorman, and Verhelst; failure to intervene in

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mistreatment by officers against Commander Karlsson, Captains Bacon and Clark, and
Sergeants Wheeler, Wilks, Burrows, Allred, Fasen, and Mohamed; failure to ensure the

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safe delivery of plaintiff’s property against Sergeant Allred; deliberate indifference to
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serious medical needs against Officers Washington, Williamson, and L. Jones; intentional
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infliction of emotional distress against CPS Johnson and Sergeant Justice; and negligence
against Officer L. Jones.

ORDER - 2

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6. This matter is RE-REFERRED to Judge Donohue for further proceedings.

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7. The Clerk shall send a copy of this Order to the parties and to Judge Donohue.

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DATED this 11th day of July, 2016.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER - 3