Wilson v. State of Washington et al
ORDER granting 57 Motion for Partial Summary Judgment signed by Judge Benjamin H. Settle.(TG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
JEFFREY L. WILSON,
CASE NO. C16-5366 BHS
STATE OF WASHINGTON, et al.,
DEFENDANTS’ MOTION FOR
This matter comes before the Court on Defendants’ pending motion for partial
summary judgment (Dkt. 57). The Court hereby grants the motion.
On June 14, 2017, Plaintiff filed his third amended complaint in this action. Dkt.
54. Plaintiff asserts 42 U.S.C. § 1983 claims against Washington State (“State”), the
Department of Social and Health Services (“DSHS”), Attorney General Bob Ferguson
(“Attorney General”), Dr. Leslie Sziebert (“Dr. Sziebert”), and John Does arising from
the length and conditions of his civil confinement. Id. Specifically, Plaintiff alleges that
he was deprived of adequate medical care while civilly committed and that it was
unconstitutional to confine him for approximately 12 years without obtaining a verdict at
On June 29, 2017, Defendants moved for partial summary judgment. Dkt. 57. On
July 17, 2017, Plaintiff responded and moved for a continuance of summary judgment
ORDER - 1
proceedings until further discovery could be conducted. Dkt. 59. On August 23, 2017, the
Court granted Defendants’ motion for summary judgment in part and reserved ruling in
part. Dkt. 70. In doing so, the Court reserved ruling on whether Plaintiff could support
claims against the Attorney General in his personal capacity and granted Plaintiff leave to
file supplemental briefing to oppose summary judgment on those claims. Id. at 6. The
Court also denied Plaintiff’s motion to continue. Id.
On September 5, 2017, Plaintiff moved for reconsideration of the Court’s order
granting in part Defendants’ motion. Dkt. 71. On September 6, 2017, the Court denied
reconsideration. Dkt. 73.
On September 18, 2017, Plaintiff filed a statement of non-opposition to the
dismissal of his claims against the Attorney General. Dkt. 76. Accordingly, Defendants’
motion for summary judgment is GRANTED and the Plaintiff’s claims against the
Attorney General are DISMISSED. Remaining before the Court is Plaintiff’s § 1983
claim against Dr. Sziebert for allegedly “den[ying] plaintiff adequate medical care in
violation of his rights under the Due Process Clause of the Fourteenth Amendment.” Dkt.
54 at 14.
IT IS SO ORDERED.
Dated this 23rd day of October, 2017.
BENJAMIN H. SETTLE
United States District Judge
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