DISABILITY RIGHTS OREGON,
METROPOLITAN PUBLIC DEFENDER
SERVICES, INC., & A.J. MADISON,
Plaintiffs,
v.
SAJEL HATHI, in her official capacity as head
of the Oregon Health Authority, & SARA
WALKER, in her official capacity as
Superintendent of the Oregon State Hospital,
Defendants.
JAROD BOWMAN and JOSHAWN
DOUGLAS-SIMPSON,
Plaintiffs,
v.
SARA WALKER, Interim Superintendent of the
Oregon State Hospital, in her official capacity,
SAJEL HATHI, Director of the Oregon Health
Authority, in her official capacity,
Defendants.
Case No. 3:02-cv-00339-AN (Lead Case) Case
No. 3:21-cv-01637-AN (Member Case)
PLAINTIFF DISABILITY RIGHTS
OREGON’S MOTION FOR A RULE TO
SHOW CAUSE WHY DEFENDANTS
SHOULD NOT BE HELD IN CONTEMPT,
AND FOR A REMEDIAL ORDER
ORAL ARGUMENT REQUESTED
EXPEDITED HEARING REQUESTED
LR 7-1 Certification
Plaintiffs and Defendants have met in mediation with Judge Beckerman to discuss this
Court’s orders and the steps necessary for compliance. Dkt. 538 (Minute Order). The parties
were not able to strike an agreemen
R Disability Rights Oregon
Page 2 511 SW 10th Avenue, Suite 200
Portland, OR 97205
(503) 243-2081
I. Motion
Plaintiff Disability Rights Oregon (DRO) hereby moves this Court pursuant to its
inherent authority to enforce its own orders, to impose civil contempt sanctions, and to issue
writs to require compliance with its own injunctions or judgements. See Stone v. City & Cnty. of
San Francisco, 968 F.2d 850, 856 (9th Cir. 1992), as amended on denial of reh’g (Aug. 25,
1992) (federal courts have “wide latitude” and “inherent power” to enforce their “lawful orders
through contempt). The federal rules confer on federal courts the authority to issue injunctions.
Fed. R. Civ. Pro. 65. The rules specify who is bound by those orders, including the “parties” to a
case. Fed. R. Civ. Pro. 65(d)(2).
The All Writs Act also provides federal courts with the ability to safeguard the integrity
of their proceedings and judgments. 28 U.S.C § 1651(a)(“The Supreme Court and all courts
established by Act of Congress may issue all writs necessary or appropriate in aid of their
respective jurisdictions and agreeable to the usages and principles of law.”); see also Doe #1 v.
Trump, 458 F.Supp.3d 1220, 1223 (“There must be some connection between the underlying
claims and the newly-challenged conduct for that conduct sufficiently to interfere with the
Court’s jurisdiction to support an extraordinary writ under the All Writs Act”). Plaintiff DRO
respectfully asks this Court to use its “inherent power to enforce compliance” with its own
permanent injunction and to issue appropriate remedial orders including but not limited to
levying civil contempt. Shillitani v. United States, 384 U.S. 364, 370 (1966).
II. Brief Memorandum
In 2002, after a bench trial, this Court issued a permanent injunction requiring
Defendants to “ensure that persons who are declared unable to proceed to trial” be committed “as
soon
H
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State Hospital Salem Oregon
Oregon Citizens Commission on Human Rights (CCHR) Calls for deeper dive into Oregon State Hospital's Involvement in death of Skye Baskin. Oregon’s mental health system may be responsible for a 27-year-old man’s death last month.
Skye Edward Baskin, a Black man who was, according to family members, likely homeless, had been arrested in Roseburg in March for wandering in and out of traffic on the freeway.The Executive Director of the Group, Steven Masone said, "It's like 'One Flew Over The Cukoos Nest' all over again." Masone referred to the Jack Nicholson Movie that was based on a true story at the old State Hospital, now a Museum. " Where there's smoke, there is fire, and we want transparenncy on illegal forced therapies like ECT (Electroconvulsive Therapy. and Psych Drugs meant to control and not treat"
Steven Masone was intrumental in the California Bill AB 1032 in 1976 that outlawed forced ECT when he was previously with CCHR and saw recent cases of patients not being fully informed of their rights and voluntarily agreed to the barbaric procedure. Thus he applied for the open Executive Director position for CCHR Oregon to get action taken involving many Civil Rights complaints atthe Salem Hospital. Masone is also a member of the RFK Jr team and said " The Secretary of HHS, RFK Jr, has the authority to shut down any Hospital in the nation." Masone also wants the Autopsy report on Skye Baskin"released ASAP!"
President Trump withdrew us from WHO...now it;s time we part ways with the World Psychiatruc Association!
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