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Lambert v. McKay

United States District Court, Western District of Washington
Jan 27, 2023
No. C19-1829-BJR-SKV (W.D. Wash. Jan. 27, 2023)

Opinion

C19-1829-BJR-SKV

01-27-2023

JOSHUA D. LAMBERT, Plaintiff, v. ROBERT S. MCKAY et al., Defendant.


ORDER ADOPTING REPORT AND RECOMMENDATION

BARBARA J. ROTHSTEIN, United States District Judge.

Having reviewed the Report and Recommendation of the Honorable S. Kate Vaughan, United States Magistrate Judge, any objections or responses, and the remaining record, the Court finds and ORDERS:

(1) The Court ADOPTS the Report and Recommendation.

(2) Defendants' motion summary judgment, Dkt. 106, is DENIED.

(3) The Court finds Plaintiff's complaint fails to properly raise or state a claim challenging the Inmate Handbook policy as written, or on the basis that the expressly adopted official policy violated Plaintiff's constitutional rights for purposes of municipal liability, and the Court declines to consider such claims on that basis.

(4) Defendants' motion for summary judgment is DENIED with respect to Plaintiff's claims against Island County and Chief Briones in his official capacity alleging that ICCF officials have adopted a practice or custom of (or interpreted and applied the policy in the Inmate Handbook as) prohibiting all internet-generated materials in violation of Plaintiff's constitutional rights under the First Amendment and Clement v. California Department of Corrections, 364 F.3d 1148 (9th Cir. 2004).

(5) The Court finds Plaintiff's complaint does not raise a separate claim in Count 1 against Chief Briones in his individual capacity.

(6) Defendants' motion for summary judgment is DENIED with respect to Plaintiff's claims for injunctive relief and those claims may proceed.

(7) Plaintiff's request to strike the declarations of Jose Briones and Willam F. Dennis, Dkt. 111, is DENIED.

(8) The Clerk is directed to send copies of this Order to the parties and to Judge Vaughan.


Summaries of

Lambert v. McKay

United States District Court, Western District of Washington
Jan 27, 2023
No. C19-1829-BJR-SKV (W.D. Wash. Jan. 27, 2023)
Case details for

Lambert v. McKay

Case Details

Full title:JOSHUA D. LAMBERT, Plaintiff, v. ROBERT S. MCKAY et al., Defendant.

Court:United States District Court, Western District of Washington

Date published: Jan 27, 2023

Citations

No. C19-1829-BJR-SKV (W.D. Wash. Jan. 27, 2023)