Griepsma v. Andersen

District Court, W.D. Washington·Decided March 7, 2025·No. 2:21-cv-00302·Unknown

Opinion

1 THE HONORABLE JOHN C. COUGHENOUR

3 UNITED STATES DISTRICT COURT 4 WESTERN DISTRICT OF WASHINGTON 5 AT SEATTLE

6 JAMES DAVID GRIEPSMA,

7 Plaintiff, Case No. 2:21-cv-00302-JCC 8 v. PRETRIAL ORDER 9 (JOINT LCR 16.1) CHRISTIAN J. ANDERSEN, et al., 10 Defendants. 11

12 I. JURISDICTION 13 The parties agree that the Court has subject matter jurisdiction of Plaintiff’s claims 14 pursuant to 42 U.S.C. §1983. The parties also agree that the events which gave rise to Plaintiff’s 15 claims occurred in western Washington state and, accordingly, venue is proper in the United 16 States District Court for the Western District of Washington pursuant to 28 U.S.C. §1391(b). 17 II. CLAIMS AND AFFIRMATIVE DEFENSES 18 Plaintiff will pursue the following claim: 19 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: 23 1. Mr. Griepsma fails to state a 42 U.S.C § 1983 excessive force claim against the Defendants 24 upon which relief can be granted. 25 26 27 PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY 1 2. Mr. Griepsma’s claims against the individual Defendants are barred by the doctrine of 2 qualified immunity. 3 III. ADMITTED FACTS 4 Defendants present the following facts to which they are willing to admit, with marked 5 sections being modifications to the Plaintiff’s proposed statement of fact. 6 1. On April 3, 2019, plaintiff was transported from Department of Corrections in Monroe to 7 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 11 County Jail. 12 3. Plaintiff was restrained by a waist chain with handcuffs attached and leg restraints at the 13 ankles. 14 4. Plaintiff was representing himself. 15 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. 19 7. Plaintiff requested a copy of the judgment and sentence. 20 8. Defendant Andersen left the courtroom to make a copy of the sentence and judgment for 21 plaintiff. 22 9. While plaintiff was waiting to be fingerprinted and for his copy, plaintiff spat on the Deputy 23 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 1 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. 3 IV. ISSUES OF LAW 4 Defendants assert that the Court should decide the issues of law stated below and instruct 5 the jury on these issues: 6 1. To establish a §1983 excessive force claim against each individual Defendant, Mr. 7 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 15 both the individual defendant’s violation of his constitutional right and the existence of 16 clearly established law of which a reasonable person in the individual defendant’s 17 situation would have known that his or her conduct was unlawful in the situation he or 18 she confronted. Saucier v. Katz, 533 U.S. 194, 202 (2001), overruled in part by Pearson 19 20 v. Callahan, 555 U.S. 223 (2009). 21 V. EXPERT WITNESSES 22 Neither party has expert witnesses. 23 VI. OTHER WITNESSES 24 The names and addresses of witnesses, other than experts, to be used by each party at the 25 time of trial and the general nature of the testimony of each are: 26 (a) On behalf of plaintiff: 27 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 2 James Griepsma, X 3 C oncrete, WA (b) On behalf of defendant: 4 Name Nature of Expected Testimony Will Possible 5 Testify Witness Only 6 Christian Andersen Skagit County Jail Sergeant. He will X testify as to his experiences and 7 c/o Skagit County observations of Mr. Griepsma, his Community Justice knowledge about Mr. Griepsma’s prior 8 Center incidents with Skagit County Jail 9 201 Suzanne Lane, officials, information provided to him Mount Vernon, WA by DOC Officers of Mr. Griepsma’s 10 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 12 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 15 Jail. He will testify about his past 16 c/o Skagit County experiences with Mr. Griepsma, his Community Justice knowledge about Mr. Griepsma’s prior 17 Center incidents with Skagit County Jail 201 Suzanne Lane, officials, Mr. Griepsma’s conduct and 18 Mount Vernon, WA demeanor in Court proceedings on 98273 April 3, 2019, the actions of Mr. 19 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 23 c/o Skagit County proceeding for which Mr. Griepsma 24 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. 26 27 PRETRIAL ORDER (JOINT LCR 16.1) 2:21-v-00302-JCC SKAGIT COUNTY PROSECUTING ATTORNEY 1 Guillermo Garcia Skagit County Jail Deputy. His X testimony would be about his past 2 c/o Skagit County experiences with Mr. Griepsma, his Community Justice knowledge about Mr. Griepsma’s prior 3 Center incidents with Skagit County Jail 4 201 Suzanne Lane, officials, Mr. Griepsma’s conduct and Mount Vernon, WA demeanor in Court proceedings on 5 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 7 testimony would be about his past 8 c/o Skagit County experiences with Mr. Griepsma, his Community Justice knowledge about Mr. Griepsma’s prior 9 Center incidents with Skagit County Jail 201 Suzanne Lane, officials, Mr. Griepsma’s conduct and 10 Mount Vernon, WA demeanor in Court proceedings on 98273 April 3, 2019, the actions of Mr. 11 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.

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Related

Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Pearson v. Callahan
555 U.S. 223 (Supreme Court, 2009)
Evancho v. Fisher
423 F.3d 347 (Third Circuit, 2005)