Hinkley v. Vail et al

Filing 66

ORDER denying 48 Motion to Suppress Evidence. Signed by Magistrate Judge Karen L Strombom.(CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAMES M. HINKLEY,
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Plaintiff,

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No. C12-5969 RBL/KLS

v.
ORDER DENYING MOTION TO
SUPPRESS EVIDENCE

ELDON VAIL, SCOTT RUSSELL,
KERRY ARLOW, JEFFREY L.
CARLSEN, STEVE DEMARS, JOHN
AND JANE DOES 1-32,

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Defendants.

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Before the Court is Plaintiff’s Motion to Suppress Evidence. ECF No. 48. Having

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carefully considered the motion, Defendants’ response (ECF No. 53), and balance of the record,
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the Court finds that the motion should be denied.

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DISCUSSION

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In this civil rights action, Mr. Hinkley alleges that Defendants violated his Fourth,

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Eighth, and Fourteenth Amendment rights through the mistreatment he suffered while on dry cell

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watch for almost three days. ECF No. 4. In this motion, Mr. Hinkley seeks to suppress evidence

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of his past introduction of contraband into the Washington Corrections Center (WCC) and “all

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confidential information from Defendants’ jury trial and summary judgment arguments. ECF No.
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48.

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In his motion, Mr. Hinkley states that because he is not seeking a determination that there

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was a lack of probable cause as to his placement on the dry cell watch, therefore any evidence of

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contraband that he may or may not have brought in will not be at issue. ECF No. 48 at 1. A
ORDER - 1

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liberal construction of Plaintiff’s motion is that he seeks to limit the inclusion of any evidence of

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contraband in Defendants’ motion for summary judgment and/or at trial of this matter. Plaintiff

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provides no authority for the suppression of evidence in a civil proceeding and his attempt at this

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juncture of the proceeding to limit the evidence that will be presented at trial is premature.

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Accordingly, it is ORDERED:
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(1)

Plaintiff’s motion to suppress evidence (ECF No. 48) is DENIED.

(2)

The Clerk shall send a copy of this Order to Plaintiff and to counsel for

Defendants.
DATED this 15th day of July, 2013.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2