Current & Recent Litigation

Columbia Legal Services (CLS) is engaged in multiple cases, at various stages of litigation, at all times. Our advocacy teams consist of lawyers, paralegals, legal assistants, and community engagement specialists working alongside communities impacted by the unjust systems of incarceration and immigration. Together, we seek a Washington in which everyone has equitable rights and opportunities.

ACTIVE CASES

Young people serving adult-court sentences in Washington are supposed to be held at Juvenile Rehabilitation (JR) centers until they turn 25 years old, in accordance with brain science and human development. Yet Green Hill School, a JR facility run by the Department of Children Youth and Families (DCYF), has been transferring young people to adult prison with no warning, process, or oversight.

Status: CLS sued on behalf of all young people at risk of this unlawful practice and reached a settlement in October 2023. The settlement provided that all DCYF residents under age 25 are guaranteed due process prior to transfer, as well as for robust policy changes, and a period of three years for CLS to monitor DCYF’s compliance. In July 2024, in shocking defiance of the settlement agreement, DCYF transferred 43 youth to state prison with no notice, hearings, or other procedural protections. We were back in court immediately seeking their return, and despite relentless obstacles from DCYF, were able to get the youth back into DCYF custody. Litigation is ongoing and DCYF is actively appealing the court’s order.

Agricultural employers are required to pay equal wages to workers with H-2A visas and local workers on the same farms. This system of “prevailing wages” is intended to prevent the depression of local wages. However, the process for determining the prevailing wage has allowed – even incentivized – the U.S. DOL to authorize pay far below the true market, meaning both H-2A and local workers suffer. In two separate cases, CLS is representing farm workers whose wages have suffered due to this faulty system.

Torres Status: Originally filed in December 2020, this case has seen many twists and turns. In May 2024, the Ninth Circuit Court of Appeals ruled in our favor, recognizing that DOL had been violating its own regulation for more than a decade and allowing growers to underpay both local and H-2A workers. Meanwhile, DOL had issued new regulations (see FUJ below).

FUJ Status: Filed in May 2024, this case seeks to prevent DOL from using its most recent regulations, which had resulted in zero prevailing wages for all of Washington crops, meaning all H-2A employers could offer a low, hourly rate. In July 2024, the court granted an injunction, ordering DOL to utilize the prior set of prevailing wages while the various other challenges moved forward.

Legislation: Using all the advocacy tools at our disposal, we were able to pass helpful legislation in the 2024 session that brings farm worker voices into the wage-setting process for determining future prevailing wages.

Stemilt Ag Services in Wenatchee is one of the largest fruit growers in the world and utilizes the H-2A “guestworker” program to fill more than 1,000 worker positions across Washington. Nearly all H-2A farm workers in Washington are from impoverished areas of Mexico and Central America and their visa allows them to stay in the U.S. temporarily to work for one employer yet offers few protections against employer abuse and retaliation. H-2A workers with Stemilt say that management routinely threatened them with firing, sending them back to Mexico, and ensuring they are never hired in the U.S. again if they failed to meet unreasonable standards outside of their contract. What began as two distinct cases: Gomez, a class action on behalf of over 1,100 workers filed in July 2020, and Fierro, a companion case on behalf of 14 individual clients filed in January 2022, was then consolidated. After a tough battle, a settlement agreement was signed in October 2023. Stemilt agreed to increased oversight, wage consistency measures, an employee complaint hotline process, and significant settlement funds for our clients.

While Mr. Lambert was awaiting trial in Kittitas County Corrections Center (KCCC) he developed a painful and serious infection in his leg, requiring emergency hospital care. Despite state law outlining how medical costs are supposed to be covered for indigent people in jails, KCCC charged Mr. Lambert $12,000 for this care. In April 2023, the judge issued a summary judgement order in favor of Mr. Lambert, ruling the jail must comply with state law and end the practice of charging people for care they cannot pay for.

This case was filed in 1998 on behalf of 13 children who had experienced neglect and harm while living in foster care. Braam set out to ensure the safety and basic needs of children in Washington’s foster care system. After twenty-five years and several rulings and settlement agreements, this case ended in late 2022 when Washington finally met all the required benchmarks for improvement. The timeline and outcome of this case demonstrate the incredible commitment required – and potential for impact – when pursuing systemic change.

INVESTIGATIONS

In addition to these cases, CLS teams are currently investigating several more issues raised by our communities, including: the criminalization of homelessness, immigrant workers’ right to organize, economic injustice faced by people in prison and their families, the faulty sealing of juvenile records, prison system issues, and poor conditions and rights violations in county jail.