The WoLF/ACLU Public Records Case: A Timeline of Events
The ACLU is suing to prevent a private citizen from accessing public records from the Washington State Department of Corrections. WoLF is fighting back. For more background on this case, please read our first case update.
Based on the initial documents provided by the ACLU in their lawsuit, we have pieced together the following timeline of events leading up to the lawsuit filed by the ACLU to prevent the successful completion of our client’s lawful Public Records Act (PRA) request.
Disability Rights Washington (DRW) is one of the firms representing the Plaintiffs (“transgender inmates”) in this case. They describe themselves as a “private non-profit advocacy organization that is federally mandated to provide protection and advocacy services to individuals with disabilities in the state of Washington.” [1]
The Washington State Department of Corrections (DOC) is led by Stephen Sinclair, Secretary of the Department of Corrections. The Attorney General of Washington is Bob Ferguson. Candie Dibble is Assistant Attorney General.
Case Timeline
December 12, 2019 -
“On December 12, 2019, DRW entered into a structured negotiations agreement with DOC as an alternative to litigation about DRW’s concerns about access to equal and gender-affirming medical care, housing, property, and programming for transgender, intersex, and non-binary people with disabilities.” [1]
March 10, 2021 -
On March 10, local radio station KIRO-FM ran a story which included the claim that, “A half dozen men have been transferred to the Washington Correctional Center for Woman, according to an employee at the facility.”
March 13, 2021 -
The Tacoma News Tribune, a local Washington paper, submitted a PRA request for information on transgender inmates transferred to the WCCW in recent months. [2]
March 15, 2021 -
“Following the leak of private information about transgender inmates at WCCW by purported DOC staff to KIRO-FM on March 10, 2021, on or around March 15, 2021, the Attorney General communicated by email to DRW that the Tacoma News Tribune had requested information regarding transgender people in custody.” [1]
These documents were emailed to Ethan Frenchman, Staff Attorney for DRW, by Candie Dibble, Asst. Attorney General. [2]
March 18, 2021 -
Our client submitted her PRA request for aggregate numbers related to transgender-identified prisoners.
March 20, 2021 -
Denise Vaughn, Public Records Officer at Washington State Department of Corrections, replied to our client’s PRA request, stating, “We will work on processing your request and you can expect further response within 15 business days, on or before, April 9, 2021.” [2]
March 23, 2021 -
Candie Dribble, Asst. Attorney General, emailed Ethan Frenchman (DRW) with the details of additional PRA requests, including the March 18th request from our client. [2]
April 2, 2021 -
“On or around April 2, 2021, DRW gave notice to the Attorney General at DRW, ACLU of Washington, MacDonald Hoague & Bayles, and Munger, Tolles & Olson LLP would file a complaint on April 7, 2021, seeking preliminary and permanent injunctive relief prohibiting the disclosure of the records at issue. DRW sought the Attorney General’s consent to a temporary restraining order...” [1]
April 8, 2021 -
ACLU and DRW filed motions for a preliminary injunction and temporary restraining order preventing the disclosure of the records.
Denise Vaughan emailed our client informing her that “Due to the lawsuit filed this week… which includes a specific request that the Court grant a Temporary restraining order, we will not be producing any records until the Court rules on whether or not to grant preliminary injunction.”
ACLU lawyer emails our client and other named parties informing them that they have been listed as “interested parties” in the lawsuit, and seeking to serve them.
Documents
[1] Plaintiff’s Motion for Preliminary Injunction (filed 4/8/21)