Griepsma v. Andersen

1 THE HONORABLE JOHN C. COUGHENOUR

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT SEATTLE JAMES DAVID GRIEPSMA, Plaintiff, Case No. 2:21-cv-00302-JCC v. PRETRIAL ORDER 9 (JOINT LCR 16.1) CHRISTIAN J. ANDERSEN, et al., Defendants.

I. JURISDICTION The parties agree that the Court has subject matter jurisdiction of Plaintiff’s claims pursuant to 42 U.S.C. §1983. The parties also agree that the events which gave rise to Plaintiff’s claims occurred in western Washington state and, accordingly, venue is proper in the United States District Court for the Western District of Washington pursuant to 28 U.S.C. §1391(b).

II. CLAIMS AND AFFIRMATIVE DEFENSES Plaintiff will pursue the following claim: 20 1. Eighth amendment, 42 U.S.C § 1983 excessive force claim against Defendants Anderson 21 and Stramler.

22 Defendants will pursue the following affirmative defenses: 1. Mr. Griepsma fails to state a 42 U.S.C § 1983 excessive force claim against the Defendants upon which relief can be granted.

27 PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY 2. Mr. Griepsma’s claims against the individual Defendants are barred by the doctrine of 2 qualified immunity.

III. ADMITTED FACTS Defendants present the following facts to which they are willing to admit, with marked sections being modifications to the Plaintiff’s proposed statement of fact.

1. On April 3, 2019, plaintiff was transported from Department of Corrections in Monroe to 8 the Skagit County Community Justice Center for his sentencing hearing in connection with 9 trial that had recently occurred.

10 2. Plaintiff was being held at the Department of Corrections as a courtesy hold for the Skagit County Jail.

3. Plaintiff was restrained by a waist chain with handcuffs attached and leg restraints at the ankles.

4. Plaintiff was representing himself.

16 5. During his sentencing hearing, plaintiff spoke over the Court and prosecutor, and made 17 statements which included expletives.

18 6. When asked to sign the judgment and sentence, plaintiff stated that he would not sign it.

7. Plaintiff requested a copy of the judgment and sentence.

8. Defendant Andersen left the courtroom to make a copy of the sentence and judgment for plaintiff.

9. While plaintiff was waiting to be fingerprinted and for his copy, plaintiff spat on the Deputy 24 Prosecutor in the courtroom.

25 10. As a result, officers placed a spit hood on plaintiff and restrained him.

26 11. Defendant Andersen returned to the courtroom with the judgment and sentence.

27 PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY 12. Plaintiff was directed to provide fingerprints on the judgment and sentence, but refused.

2 13. A struggle ensued to apply fingerprints to the judgment and sentence.

IV. ISSUES OF LAW Defendants assert that the Court should decide the issues of law stated below and instruct the jury on these issues: 1. To establish a §1983 excessive force claim against each individual Defendant, Mr. 8 Griepsma must prove that each Defendant, through his or her own individual actions as a 9 public official, violated the Constitution. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

10 2. To establish a §1983 excessive force claim against each individual Defendant, Mr. 11 Griepsma must prove the particulars of conduct, time and place of the individual 12 Defendant’s alleged constitutional violation. See Evancho v. Fisher, 423 F.3d 347, 354 (3rd 13 Cir. 2005).

14 3. To defeat the qualified immunity of any individual defendant, Mr. Griepsma must prove both the individual defendant’s violation of his constitutional right and the existence of clearly established law of which a reasonable person in the individual defendant’s situation would have known that his or her conduct was unlawful in the situation he or she confronted. Saucier v. Katz, 533 U.S. 194, 202 (2001), overruled in part by Pearson 20 v. Callahan, 555 U.S. 223 (2009).

21 V. EXPERT WITNESSES 22 Neither party has expert witnesses.

23 VI. OTHER WITNESSES The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are: (a) On behalf of plaintiff: PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY 1 Name Nature of Expected Testimony Will Possible Testify Witness Only James Griepsma, X C oncrete, WA (b) On behalf of defendant: Name Nature of Expected Testimony Will Possible 5 Testify Witness Only Christian Andersen Skagit County Jail Sergeant. He will X testify as to his experiences and c/o Skagit County observations of Mr. Griepsma, his Community Justice knowledge about Mr. Griepsma’s prior Center incidents with Skagit County Jail 201 Suzanne Lane, officials, information provided to him Mount Vernon, WA by DOC Officers of Mr. Griepsma’s 98273 planned conduct on April 3, 2019, Mr. Griepsma’s conduct and demeanor in 11 Court proceedings on April 3, 2019, the actions of Mr. Griepsma after sentencing and the actions he and 13 others took in response including the level of force he used and reason for 14 discontinuing to use force.

Jackson Stramler Former Deputy at the Skagit County X Jail. He will testify about his past c/o Skagit County experiences with Mr. Griepsma, his Community Justice knowledge about Mr. Griepsma’s prior Center incidents with Skagit County Jail Suzanne Lane, officials, Mr. Griepsma’s conduct and Mount Vernon, WA demeanor in Court proceedings on 98273 April 3, 2019, the actions of Mr. Griepsma after sentencing and the 20 actions he and others took in response including the level of force he used 21 and reason for discontinuing to use force.

22 Branden Platter Skagit County Deputy Prosecutor. His X testimony would be about the c/o Skagit County proceeding for which Mr. Griepsma Prosecutor’s Office had just been sentenced, his past experience with Mr. Griepsma and Mr. 25 Griepsma’s conduct and demeanor in Court on April 3, 2019.

27 PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY Guillermo Garcia Skagit County Jail Deputy. His X testimony would be about his past c/o Skagit County experiences with Mr. Griepsma, his Community Justice knowledge about Mr. Griepsma’s prior Center incidents with Skagit County Jail 201 Suzanne Lane, officials, Mr. Griepsma’s conduct and Mount Vernon, WA demeanor in Court proceedings on 98273 April 3, 2019, the actions of Mr. Griepsma after sentencing and the 6 actions he and others took in response.

Douglas Faddis Skagit County Jail Deputy. His X testimony would be about his past c/o Skagit County experiences with Mr. Griepsma, his Community Justice knowledge about Mr. Griepsma’s prior Center incidents with Skagit County Jail Suzanne Lane, officials, Mr. Griepsma’s conduct and Mount Vernon, WA demeanor in Court proceedings on 98273 April 3, 2019, the actions of Mr. Griepsma after sentencing and the 12 actions he and others took in response.

Cameron Banas Skagit County Jail Deputy. His X 13 testimony would be about his past c/o Skagit County experiences with Mr. Griepsma, his Community Justice knowledge about Mr. Griepsma’s prior Center incidents with Skagit County Jail 201 Suzanne Lane, officials, Mr. Griepsma’s conduct and Mount Vernon, WA demeanor in Court proceedings on 98273 April 3, 2019, the actions of Mr. 17 Griepsma after sentencing and the actions he and others took in response.

Brandon Webb DOC Officer. His testimony would be X 19 about transport of Mr. Griepsma c/o Department of including threats during transport and Corrections, 16550 communications of those threats to 177th Avenue SE Skagit County Jail deputies, Mr. Monroe, WA 98272 Griepsma’s conduct and demeanor in Court proceedings on April 3, 2019, the actions of Mr. Griepsma after 23 sentencing and the actions he and others took in response.

24 Vitaliy Boychenko DOC Officer. His testimony would be X about transport of Mr. Griepsma, Mr. c/o Department of Griepsma’s conduct and demeanor in Corrections, 16550 Court proceedings on April 3, 2019, 177th Avenue SE the actions of Mr. Griepsma after PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY Monroe, WA 98272 sentencing and the actions he and others took in response and infraction 2 issued against Mr. Griepsma.

Johnathan Scott DOC Officer. His testimony would be X about transport of Mr. Griepsma, Mr. c/o Department of Griepsma’s conduct and demeanor in Corrections, 16550 Court proceedings on April 3, 2019, 177th Avenue SE the actions of Mr. Griepsma after Monroe, WA 98272 sentencing and the actions he and 6 others took in response.

Mickey Alvis DOC Officer. His testimony would be X about transport of Mr. Griepsma, Mr. c/o Department of Griepsma’s conduct and demeanor in Corrections, 16550 Court proceedings on April 3, 2019, 177th Avenue SE the actions of Mr. Griepsma after Monroe, WA 98272 sentencing and the actions he and 10 others took in response.

Jana Robinson DOC RN2. Present during assessment X of physical injuries of Mr. Griepsma c/o Department of upon return to DOC on April 3, 2019, Corrections, 16550 testimony would include observations 177th Avenue SE of Mr. Griepsma and photographs Monroe, WA 98272 taken.

Lawrence Bradford DOC Officer. Would testify about X 15 physical injuries he observed and the c/o Department of video created during operation of Corrections, 16550 video camera at 1320 on April 3, 2019.

17 177th Avenue SE during debrief of Mr. Griepsma upon Monroe, WA 98272 return to DOC.

19 VII. EXHIBITS 20 1. Plaintiff’s List of Proposed Trial Exhibits including comments.

Plaintiff’s Exhibits 22 Ex. # Description Authenticity Admissibility Objection Admitted 23 # 1 Video of events Stipulated Stipulated None Yes 24 # 2 Demonstrative waist Stipulated Stipulated None Yes and ankle cuffs to be 25 brought to Court 26 # 3 Declaration of Stipulated Stipulated None Yes PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY 1 Anderson Dkt 106 # 4 Declaration of Banas Stipulated Stipulated None Yes Dkt 107 # 5 Declaration of Faddis Stipulated Stipulated None Yes Dkt 108 # 6 Declaration of Garcia Stipulated Stipulated None Yes 5 Dkt 109 # 7 Declaration of Stipulated Stipulated None Yes Stramler Dkt 110 # 8 December 2018 Stipulated Stipulated None Yes 8 Custody Policy No objections to the exhibits identified above.

2. Defendants’ List of Proposed Trial Exhibits including Comments.

In addition to the exhibits identified above, Defendants may use the following exhibits at the time of trial, in electronic format, to the jurors: 14 Defendant’s Exhibits 15 Ex. # Description Authenticity Admissibility Objection Admitted #101 Verbatim Report of Stipulated Stipulated None Yes Proceedings 17 Sentencing Hearing: State v. Griepsma 18 Skagit County Superior Court number 18-1-00209-29; Court of Appeals Number 79806-5-I Sentencing 21 Transcript Dkt. 105 p. 69-83 22 #102 Felony Judgment and Stipulated Disputed FRE 402-404; To be Sentence: State v. Pltf MIL 2 determine Griepsma, Skagit d 24 County Superior Court number 16-1-00153-29 25 Dkt. 150 p. 27-36 #103 Order of Restitution: Stipulated Disputed FRE 402-404; To be 26 State v. Griepsma, Pltf MIL 2 determine PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY 1 Skagit County d Superior Court number 2 16-1-00153-29 Restitution Order Dkt. 150 p. 38-40 104 Certified Copy – Stipulated Stipulated None Yes Felony Judgment and 5 Sentence: State v. Griepsma Skagit 6 County Superior Court number 18-1-00209- 29, April 13, 2019 8 Dkt. 105 p. 85-96 Photo Description Stipulated Stipulated None Yes 9 DOC Griepsma - Front 10 Bates 12010017 Photo Description Stipulated Stipulated None Yes DOC 12 Griepsma – Left Face Bates 12010018 13 107 Photo Description Stipulated Stipulated None Yes DOC Griepsma – Right Face 15 Bates 12010019 Photo Description Stipulated Stipulated None Yes 16 DOC Griepsma – Right 17 Shoulder Bates 12010020 Photo Description Stipulated Stipulated None Yes 19 DOC Griepsma – Left 20 Shoulder Bates 12010021 21 110 Photo Description Stipulated Stipulated None Yes DOC Griepsma – Front 23 Chest Bates 12010022 24 111 Photo Description Stipulated Stipulated None Yes DOC Griepsma – Upper 26 Back Bates 12010023 PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY 112 Photo Description Stipulated Stipulated None Yes DOC 2 Griepsma - Feet Bates 12010024 Photo Description Stipulated Stipulated None Yes 4 DOC Griepsma – Hands - 5 Back Bates 12010025 114 Photo Description Stipulated Stipulated None Yes DOC Griepsma – Hands - 8 Palms Bates 12010026 115 DOC Reports Stipulated Stipulated None Yes Vitaliy Boychenko 10 DOC Discovery page 12010003-4, 12080001, 12080003, 12080012 12 116 DOC Reports Stipulated Stipulated None Yes Brandon Webb DOC Discovery page 14 12010005-6, 12080006-7 DOC Reports Stipulated Stipulated None Yes 16 Mickey Alvis DOC Discovery page 17 12010006-8, 12080008-9 Johnathan Scott Stipulated Stipulated None Yes 19 DOC Discovery page 12010001 DOC Reports Stipulated Stipulated None Yes 21 Jana Robinson DOC Discovery page 22 12010009 DOC Report Stipulated Stipulated None Yes 23 Lawrence Bradford DOC Discovery page 12010010 PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY 1 VIII. DEPOSITION TRANSCRIPTS No depositions occurred in this case.

3 IX. ACTION BY THE COURT (a) This case is scheduled for trial before a jury on March 10, 2025, at 9:00 a.m. (b) Motions in limine shall be presented in a joint brief on or before February 10. 2025. (c) Proposed Jury Instructions, Verdict Form and this Pretrial Order shall be filed on or before February 10. 2025.

9 (d) Trial Briefs and other Filings including other suggested questions of either party shall be 10 submitted to the court on or before February 10, 2025.

11 (d) Exhibits shall be filed and submitted to the Court March 10, 2025.

This order has been approved by the parties as evidenced by the signatures of their counsel.

This order shall control the subsequent course of the action unless modified by a subsequent order.

This order shall not be amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.

DATED this 10th day of February 2025.

RICHARD A. WEYRICH 19 SKAGIT COUNTY PROSECUTING ATTORNEY By_____/s/ Frederick Haist_______________________ 21 ERIK PEDERSEN, WSBA #20015 Chief Civil Deputy Prosecuting Attorney MORROW NI LLP By_____/s/__Angus Ni__________________________ 25 ANGUS F .NI, WSBA #53828 Attorney for James Griepsma PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY 1 It is so ORDERED this 7th day of March 2025.

2 A 5 John C. Coughenour UNITED STATES DISTRICT JUDGE PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY