John Doe G v. Dept. of Corr.

Pro se petitioner Donna Zink and the Washington Department of Corrections (DOC) sought reversal of a published Court of Appeals decision, which affirmed the trial court's summary judgment ruling in favor of respondents, John Does G, I, and J (John Does). This case presented two issues: (1) whether special sex offender sentencing alternative (SSOSA) evaluations were exempt from disclosure under the Public Records Act (PRA), chapter 42.56 ROW, because they contained "health care information;" and (2) whether pseudonymous litigation was proper in this action. In July 2014, Zink sent a PRA request to the DOC for all SSOSA evaluations "held, maintained, in the possession of or owned" by the DOC since 1990. The DOC responded to Zink, intending to release the SSOSA evaluations on an installment basis. The DOC explained that it would review the SSOSA evaluations and make appropriate redactions as required under the PRA before disclosure. The John Does obtained a temporary restraining order (TRO), which prevented the DOC from releasing any SSOSA evaluations of level I sex offenders. Upon the TRO's expiration, the trial court granted the John Does a preliminary injunction. The Washington Supreme Court held the SSOSA evaluations did not contain "health care information" because they were forensic examinations done for the purpose of aiding a court in sentencing a sex offender. The Court also held that pseudonymous litigation was improper in this action because the trial court did not adhere to the requirements of article 1, section 10 of the Washington Constitution and General Rule (OR) 15. Accordingly, the Supreme Court reversed the Court of Appeals. View "John Doe G v. Dept. of Corr." on Justia Law