STATE OF

WASHII~GTON

DEPARTIIIIENT OF CORRECTIONS
OFFICE OF CORRECTIONAL OPERATIONS
WASHINGTON CORRECTIONS CEI,TER FOR WOMEN
P.O 80>: 17, MS: WP-04 ' 9601 Bujactch Rd, hl,W . GIg Harbor. WA 98335-0017

March 18, 2005

TO:

FROM:

Belinda D, Stewart
Superintendent , )

. " //1

",I. nQ)~
Kelly K~liy£~~~ ,)
COITectlona~)est\Jgator

SUBJECT:

Possible Staff Misconduct RE: Sergeant Robert Morley and
Correctional Officer Peter Oakley CASE WCCW 03-011-05

Svnopsis

Offender
I conducted an interviewwit
on March 11,2005, she stated
that on February 10, at 6:30p,m, she went to the gym during movement for a theatre
class, While at the gym the instructor decided that she did not want to mix the current
. students with the new students and asked the officer to send her, along with several other
offenders, back to the unit. Ms-.,aid that Officer Cowan made a phone call then
issued passes,
M s . said that Ms.
and she were walking back to
the unit and was between the clinic and the close custodyunit gate when Officer.Oakley
approached from the MSC walk thru gate and asked ifhe could see their passes. He then
told them to stand for a pat search, M"'aid that she told Officer Oakley that he
was male officer could not pat search her and she was not going to allow that to happen.
She said that Ms
ecame upset and asked Officer Oakley why was he doing
this, He did not respond, but asked M s " " o r her hat snatching it from her hand,
M s _ o l d him to "fuck off."
.'

"Working Together for SAFE Communities"

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WCCW 03-024-05
2

After this he told Ms_o face the wall, and Ms. . . . . to go over to the wall by
the visit fence, where Officer Oakley followed her. He then called to Officer Nancy
Gonzales who was walking by to do the pat search. Officer Gonzales asked her if she
had anything in her bra or on her, at which Ms. • told her "no," and then said, "1 don't
know why this is happening." Officer Gonzales said, "1 asked you a yes or no question, ]
don't want to hear nothing else."
Ms.stated that Sergeant Morley came over and started yelling because she was not
complying with the pat search. Ms. •aid she tried to tell Sergeant Morley that she
was complying with the search. He then told her to spread her arms, palms up and spread
her legs. She said before she had chance to do this Sergeant Morley kicked open her feet
with his foot. Ms. •said she told him "Why did you kick me." She then repeated this
statement several times. She said that at first he denied ever touching her but then he said
he was just assisting her. Ms. •said that again she asked him "why he kicked her."
This is when Officer Oakley told her, "that's not what were going to say." Officer Oakley
then told her to "shut her fat mouth before she got into trouble."
Ms. _aid that Correctional Counselor 3 Monique Campos then came around the
corner to observe what was going on. She stated that Officer Oakley continued to argue
with her while Sergeant Morley was trying to talk with her. She said that Sergeant
Morley then told Officer Oakley to "leave, go somewhere." However Officer Oakley
continued to argue with her telling her to "shut up." Ms.~ld Officer Oakley "Why
are you still talking to me" In which he responded, "yeah 1 am still talking, what you are
going to do about it?" Officer Michael Jones had just approached and tried to get Officer
Oakley to leave and he told him to mind his own business.
After that, Sergeant Morley grabbed her by the t-shirt to move her around the comer.
Ms_said that she told him to let her go, at which he let her go but told her to come
aro~e corner. Once around the corner Sergeant Morley backed her into the fence,
and leaned down and within an inch of her face, his hand on the fence began yelling,
"You will listen to me little girl!" Serg~ant Morley then told Msjijiifhat she 1wasn't
going to get smart ever again. He then said made a comment, something to the effect that
"he will not tolerate this black and white race thing." 1 asked her if she had made any
comments about race, in which she stated "no." She said that Ms. Campos who had
continued to stand by then took her back to the unit and talked to her. Ms. Campos told
her that she did see what happened and would write a statement.
Ms. •aid that she felt afraid because everything had gotten out of hand. She felt that
Officer Oakley was threatening her and was acting as if he was going to hit her. Ms. . . .
said Officer Oakley told her that he was going to keep his job regardless of what she said.
1 asked Msilirifshe would take a polygraph she said, "Yes." 1 explained to her that 1
had scheduled a polygraph for her on March 12,2005. (See attachment #1)

797

WCCW 03-024-05
3

Offender

On March 11, 2005, I conducted an interview with offender
_
She said that at the 6:30p.m. movement she had gone to the gym for a theatre
~d while there, the instructor decided that she did not want to mix the current
students with the new students and asked the officer to send the offenders back to their
unit.
MS• .aid that Officer Cowan called someone then issued her a pass to the unit.
Ms
said that she and Ms.~ere walking back to the unit when Officer
Oak ey stopped both of them and asked to see their passes. Ms.~aid, "1
should've known you were going to ask." Officer Oakley then told them to give him
their coats, and both offenders asked him why, at which Officer Oakley told them
"because Jean." Ms. _ a i d she started talking to Ms.~hen Officer Oakley
said, "didn't I tell you to shut up." Ms.-'said, "No, you told Ms"" He then
told her "now I am telling you to shut up."
Officer Oakley then told her _ t o take off her hat, but before she ha~
to remove it, he snatched it off her head and told her to "shut up" again. Ms._ _
then told Officer Oakley that he didn't have to snatch it off her head, then said "fuck
you! ,; She said he then threw her coat down on the ground between the clinic and CCU
walk through gate, and told her to go over to the wall by the visit fence. Officer Oakley
followed behind her, and told her not to look around.
Ms. _ a t e d that Officer Oakley then radiod for assistance to do a pat search.
Officer Gonzales came through the MSC gate and he told her he needed a pat search
done. While Officer Gonzales was in the process of doing this, Officer Oakley told Ms.
~o take off her shoes. She took her shoes off and Officer Gonzales continued
with the pat search. When Officer Oakley was done searching her shoes he threw them
towards her and told her to step back and then said she could pick her shoes up. Ms.
_
said that Officers Gonzales and Oakley walked over to Ms._Sergeant
~ad also arrived and he and Officer Oakley were talking.
M s _ said she heard Sergeant Morley tell Ms.8o stand for a pat, then heard
Ms.-'sk why he had kicked her. She then stated that Sergeant Morley told M s "
he was helping with the pat. She said that she then heard Officer Oakley say to M~
"what are you going to do about it."
She stated that Sergeant Morley came over to where she was and asked her what was
going on. She said that Officer Oakley was singling her out. She said that Sergeant
Morley told her that she was to stand for a pat whenever the officers tell her to. She
explained to him that she knew that Officer Oakley was going above his job. Ms.
_
stated that she told him how Officer Oakley had snatched her hat out of her
~kepttellin!i!erand Ms.~ shut up. She Sergeant Morley told her that
they ~
were being racial and that he will not go for that because he
"did not care what co or we were!" He then told her that she needed to apologize to
Officer Oakley. Ms_ _ said she told the Sergeant Morley that she was not going

798

WCCW 03-024-05
4

to apologize to Officer Oakley. I asked M s . _ i f she or Ms.~rought up
race she said, "No,"

M s . _ a i d that she asked Sergeant Morley if she could have her letter because it
was from her sister who is at war. She said Sergeant Morley told her that he could take
the letter because she had brought it out of the unit, but since her sister was at war he
understood and gave her the picture back. She then asked if she could get her coat and
medication. She said she went to medline,and while at medline she watched Sergeant
Morley go over to Ms.and said "what is your problem?!" Ms. . . .old him "I
want to know why you kicked me?!" Then Officer Oakley said to Ms"'what you
are going to do about it?!"
Officer Jones then came up to Officer Oakley and told him to leave, but he told him no.
Then Sergeant Morley took Ms.around the corner.es,
as ~eant
Morley when he hit the fence with his hand close to Ms.
ace. Ms~ said
she could not hear what Sergeant Morley was saying. Ms.
aid that she saw
.
Ms. Campos go were Ms.~as. (See attachment #2)
Correctional Officer 2 Nancy Gonzales
1 conducted an interview with Officer Nancy Gonzales on March I 1,2005. Officer
Gonzales said that she was the officer in J-unit her regularly assigned post. She was on
to her dinner break when Officer Oakley asked her to conduct a pat se~.ch on
her
Ms
who wa~ WIth her face towards thebrick wall by the VISIt fence,
Ms. onz es said M s . _ was compliant during the pat search, then Sergeant
Morley spoke with her and then she went to Medline.

ilia

Officer Gonzales then: went over to Ms. ~nd asked her if she had anything in her
pocket. Ms. •was "going off" on Officer Oakley she continued to badger him. At
that time Sergeant Morley. told her, she needed to stand for a pat search. Officer
Gonzales said that in addition to the Sergeant's directives, she also had to tell Ms. •to
stand for a pat search several times.
She said that as Ms~ntinued to argue, Sergeant Morley guided her feet apart,
going from the right to the left with his foot. 1 asked her were she was standing when that
happened, and she said that she was on the left side, Officer Oakley was on the right side
and Sergeant Morley was directly behind the offender. As soon as this happened, Ms.
•
said immediately started yelling "you assaulted me!" She continued saying this.
Officer Gonzales said several times Sergeant Morley had to tell her to stop. I asked her
if that was procedure, for a Sergeant to guide the offender's feet apart. Officer Gonzales
said she had never seen that done before. 1 asked Officer Gonzales if Sergeant Morley
kicked Ms~eet apart, at which she stated no, he guided her feet apart.
Officer Gonzales stated that Sergeant Morley then told Ms. • "come on we're going to
go back to the unit." 1 asked Ms. Gonzales if SergeantMorley touched Ms. • on the
shoulder. She said that Sergeant Morley, with his hand touched the comer of M s . _

799

---------

WCCW 03-024-05
5

t-shirt to move her along. She said that Ms.~as yelling "why'd you do that?!"
Sergeant Morley then told Ms. ~is racial stuff has to stop. He repeated this
statement several times. I asked Officer Gonzales if she had heard the offender say
anything about race, and she responded, "no."
I asked Officer Gonzales if Sergeant Morley had slammed :hishand against the fence.

She said, "she was focused on the offenders at medline and didn't see him slam his hand
against the fence." Did Sergeant Morley tell M~in a loud voice "you will look at
me, little girl look at me!" She said, "I was focused on the offenders at medline."
Then I asked her if Officer Oakley had made the comment, "that's not what the officers
are going to say" regarding Ms. • saying that Sergeant Morley had kicked her feet.
Ms. Gonzales said that she recalls hearing, "there are other officers here and they know
the truth."
Next I asked if Officer Oakley had told Ms. •to shut her fat mouth before she got
into trouble. She said he told Ms.8o shut her mouth before it gets her into trouble.
Ms. Gonzales said that Officer Oakley should have quit talking to the offender. 1 asked
her if Officer Oakley was arguing with Ms"'and she said, "yes." I then asked her if
Sergeant Morley told Officer Oakley to take a walk, and she said," yes." Officer
Gonzales also said that Officer Micheal Jones had told Officer Oakley that the Sergeant
had told him to go somewhere, but he didn't leave. I asked her if Officer Oakley had put
his hand in Officer Jones face. She said "No." (See attachment #3)
Offender
I conducted an interview with Ms.~ March 14,2005. She said that at
approximately 7:00p.m. she was standing in the A thru L med line, closest to the incident. .
I asked Ms. ~here the offenders were when they were directed to stand for a pat
search. She said that M s _ w a s facing the visit wall and M""was up
against the wall by the far end of the clinic. She said that Officer Oakley and Officer
Miller had given Ms.~nd her girlfriend_
a direct order to stand against
the wall, with their hands behind their heads that he was going to pat search them. She
said that the offenders did not follow the directive.
Ms._said that Ms.~as asked to remove her shoes at which time she took her
them off and threw them both at Officer Oakley's feet, so that he had to jump out of the
way from being hit with the shoes. I asked her if she had seen Officer Oakley snatch Ms.
hat from her head, and she said, "no."

_s

She stated that Sergeant t'lorley arrived and started yelling at M s . to stand for a pat
search, but that she continued to smart mouth and refused to spread her feet. She said
Sergeant Morley slightly kicked M s . left shoe apart from her other foot. M s . "

800

WCCW 03-024..Q5

6

said that Ms. •then threatened SergeantMorleyjob and his badgefor slightly kicking
her foot.
I asked if Sergeant Morley had grabbed Ms. ~houlder. She said that she did not see
him grab her shoulder. She stated that what she had seen occurred in the first fifteen to
twenty minutes of the incident.

J asked her if Officer Oakley had argued with Ms_She said that Officer Oakley was
standingin the middle between were both offenders were, observing.
(See Attachment #10)
Offender
I conducted an interview with Offender
who stated that
when she arrived at med line there was a disturbance involving two offenders and one
was up against the visit wall, the other was up against the dentist wall. She said she
observed Sergeant Morley move Ms.feet apart. I asked her ifhe had kicked her
feet and she said, "No, only moved them apart." Then she said that Ms.was talking
to Officer Oakley but she could not hear what they were saying.
hat and she said, "No."
I asked her if she had seen Officer Oakley snatch Ms
Then I asked ifMs. •was using racial slurs, and she said, "no."
Next, she saw staff escort M~ack to Close Custody Unit. I aske'd her while Ms.
, - a s being escorted if Sergeant Morleyhad a hold of her shoulder. She said, "No."
(See Attachment #11)
Offender
I conducted an interview with offende
n March 14,
2005. Ms.
aid that she was in med line and watched Officer Oakley snatch
Ms
hat from her hand. She said they exchanged words, and Officer Oakley
told Ms.
0 stand against the wall by the visit fence and M s . against the
clinic wall closes to med line.
M~stated that.=,ant Morley and a female officer were talking to Ms.

~l.1ei1'She heard Ms~k Sergeant Morley why he had kicked her. MS~
repeated this comment several times. Officer Oakley then told Ms. • "what are you
going to do about it?" She said another officer walked up and. was trying to calm him
down, but he shoved the officer back.
She said that Officer Oakley and Ms. ~pt arguing. Next thing she knew they
walked Ms. •o the CCU walk way away from everybody. I asked her who walked
with Ms_and she said SergeantMorley and the female officer (Gonzales).

801

WCCW 03-024-05
7

I asked her if she had seen Sergeant Morley grab Ms. •y the shoulder, and she said
"no." I then asked her if she had heard Ms. •sing racial slurs, at which she also
responded "no." (See Attachment #13)
Offender
I conducted an interview with offender
n March] 4,2005.
Ms. _aid that on March 10, at approximately 7:30p.m., she had just gotten off work in
the medium dining hall, and had gone to medline. Upon arrival she saw one offender
facing the wal1 by the visit fence and Ms. _facing the wall by the end of the clinic.
She said that Officer Oakley was standing by Ms._nd they were exchanging words.
Sergeant Morley then walked over and was yelling and swearing at Ms. • He was
giving her orders to "shut up" then yelled at Officer Oakley to "shut the fuck up" because
he was taunting M s . _
Ms.aid that Sergeant Morley had Ms.place her hands on the wall and told her
to spread her feet. She said that Sergeant Morley kicked h e r " feet apart rather
aggressively. Ms._then started asking why he had kicked her.
She said that Sergeant Morley had Ms. ~y the arm and walked her away from
Officer Oakley so he could talk with her. Ms. •said that Ms. Campos was standing
with them at this time. Next thing she knew, Ms. •was standing in med line.
Ms. •stated that as she was leaving med line she was walking behind Sergeant Morley
and Officer Oakley and heard them discussing the issue, saying the kick didn't happen.
Ms.aid that she had incident involving Sergeant Morley once. She had been
standing in med line when Sergeant Morley and Officer Cobb both yelled at her for
talking. Ms. •said both were yelling and cursi~t her, and that Sergeant Morley told
her "this is you lucky mother fucking day." Ms ..,tated that he yells, swears and
humiliates many of the offenders standing in medline. (See Attachment #14)
Correctional Officer 2 Jay Miller
I conducted an interview with Officer Jay Miller, on March 14, 2005. He stated that
Ms._and another female _ _ walked by him. They spoke and he spoke with
them.
He then said that Officer Oakley approached M s . and Ms. _ . Officer Miller
does not know why he (Oakley) engaged in a conversation with them. Officer Miller
said the next thing he heard was Ms_ay "fuck you ... fuck you" then the offender
(name unknown) told Officer Oakley that he is racist.

802

WCCW 03-024-05
8

Officer Miller said Officer Oakley told the offenders to return to their unit but they
started arguing with him. He said that Officer Oakley engaged in argument with the
offenders. Then he wanted to search both of the offenders.
Officer Miller said that he then stopped his med line to assist Officer Oakley. Officer
Oakley sent Ms~ver to the wall by the visit fence. Officer Miller said he
radioed for Sergeant Morley because he had seen that the situation was out of control.
He said Officer Oakley conducted a modified search on Ms._and during the search
she removed her shoes and kicked them away from her, near Officer Oakley. Officer
Miller said that the offender did not kick her shoe directly at Officer Oakley.
Officer Oakley then checked Ms. •shoe and tossed them by the offender's coat
hitting the wall. Officer Miller said that Officer Oakley was already in the argumentive
stage with the offenders.
Officer Miller said that Sergeant Morley arrived at the scene and Officer Gonzales was
coming from the MSC area. Officer Miller said he briefed Sergeant Morley, telling him
that both offenders were argumentive with Officer Oakley. He stated that the offender's
in med line were watching the incident.

Ms_

He said that Sergeant Morley spoke with
at first as she was elevated, and
then calmed down. Officer Miller said that Officer Oakley and Officer Gonzales were
standing with Ms. •and that Officer Oakley was arguing with her and she was
arguing back.
Officer Miller said that he returned to medline and resumed watching the offenders
receiving their medication. He said he could hear Ms._ell Sergeant Morley, "fuck
you, fuck you!" Ms.~as facing the wall and he heard Sergeant Morley tell her
_ t o separate her feet several times. He then watched as Sergeant Morley motioned
""Wrt'h"rn's feet and separated her feet. Ms~en told the Sergeant "you just assaulted
me" and he (Sergeant Morley) kicked me, and was using abusive language.
He said Sergeant Morley used a light escort technique on M s _ J asked him to
explain the light escort technique. Officer Miller said that he had the back ofM~
arm with his hand open. I asked him ifhe had seen SergeantMorley grab
t-shirt, He said, no, that Sergeant Morley had his hand open assisting the back of her
ann. He said Officer Gonzales went around the corner with them. Officer Miller said that
Sergeant Morley was very loud with M~that he could only hear Sergeant Morley.
Approximately three minutes later M s . came to the rnedline. He heard
say she was calling her mother and was going to get a hold of the Superintendent.

Ms"
Ms'"

Officer Miller said that he thinks Ms. Campos had to have seen what happened on the
other side of the wall.

803

WCCW 03-024-05

9

I asked Officer Miller why he did not report this on his incident report. He said that he
was waiting for an investigator to talk with him. He also said that it was just before
10:00 p.m. and he had to pick his son up.
Officer Miller said the reason why he called Sergeant Morley on the radio was because
the situation was out of control. He said normally when a offender refuses to return to
the unit, you radio the Sergeant and inform himlher that an offender is refusing to
disperse. He said that Officer Oakley was arguing with the offender and the situation was
out of control. (See attachment #4)
Correctional Officer 2 Susan Keeler
I conducted an interview with Officer Susan Keeler, on March 14,2005. Officer Keeler
said that she was one of the med line officers and was closest to the clinic. Officer Miller
was the other officer monitoring the med lines. She said that Officer Oakley was
assigned as the Response and Movement Officer 43.
Officer Keeler said that she did not know why Officer Oakley had stopped the two
offenders, but heard both the offenders and Officer Oakley yelling. She said that Officer
Oakley had Ms . •by the clinic wall and heard him tell herto shut her mouth.
She said Sergeant Morley and Officer Gonzales were also there, but she couldn't hear
what they had said to the offenders.
Officer Keeler said shortly after this they went on the other side of the building. She
could hear3eant Morley yelling but could not hear the offender. The next thing she
knew Ms. • was standing in med line.
Correctional Officer Michael Jones
Officer Michael Jones was not available for interview he was on annual leave from
3-12-05 until 3-23-05. (See Attachment #5)
Correctional Counselor 3 Monigue Campos
I conducted an interview with Correctional Counselor 3 Monique Campos on March 15,
2005. Ms. Campos provided a statement ofthe incident, but wanted to add that the
second time she placed the call to Lieutenant Delores Wernet, Sergeant Morley answered
the phone and she told him that she was going to report the incident. She said that
Sergeant Morley told her, yeah if asked. She said she told him the offender was filing an
emergency gnevance.

•

She said Sergeant Morley called her on the phone and asked her if he could talk with Ms .
and if she would mediate the conversation. (See Attachment #6)

WCCW 03-024-05
10

Correctional Officer 2 Peter Oakley
] conducted an interview with Correctional Officer Peter Oakley on March 17,2005, in
the presence of Shop Steward Steve Revis. Prior to asking questions, Officer Oakely
stated that he wanted to elaborate on what had happened on that evening.
Officer Oakley said that he had gone to CCU to tell Sergeant O'Brien that M~and
M s _ e r e out of bounds at the chapel. He said that Officer Schultz was in the
bre~ that he asked him to escort an offender behind
to the cage. I then
began our interview. During the interview I asked the following questions.

ceu

Question:
Answer:

Why did you stop M s . and M s . _
They were moving during a non-movement time. I asked them where
they were going and then] asked to see their pass.

Question:
Answer:

Did they s~eir passes?
Yes. M s . _ a l s o made the statement, "I should have known this
fuck was going to pun us over!"

Question:
Answer:

What happened next?
I said "ladies, stand for apat search. I want you to remove your coats."

Question:
Answer:

Why did you want them to stand for a pat search?
I learned in training that if an offender is being disruptive that you have
them stand for a pat search.

Question:
Answer:

Who taught you that?
Sergeant Morley, Sergeant Hawke and Lt. Baker taught us that if an
offender starts using abusive language have them stand for a pat search.

. Question:
Answer:

Did the offenders give you their coats?
Yes. Ms_started swearing saying "fuck you!" Ms.was
also swearmg.

Question:
Answer:

During that time, did you tell them to return to their unit?
No.

Question:
Answer: .

Where was Officer Miller?
Officer Miller carne up behind and I heard him radio for the Sergeant. J
continued to search the offenders coats then placed them by the dental
wall.

Question:
Answer:

Then what happened?
J searched their shoes and placed them by their coats.

Question:
Answer:

Do you always have them remove their shoes?
No, that was the first time.

WCCW 03-024-05
11

Ms.

Question:
Answer:

Did
or Ms.'-throw their shoes at you?
Mrs. •threw her ~y direction and they carne close to me.

Question:

Did you place the shoes by the coat or did you throw them up against the
wall?
I tossed them by their coats.

Answer:
Question:
Answer:

Where were the offenders standing?
I had Ms._face the visit wall. Ms~as facing the wall by
the end of the clinic.

Question:
Answer:

Did you tell the offenders to shut up?
No, I told them to close their mouth, be quiet and don't say anything. I
had to tell them about four or five times to close their mouth, be quiet and
don't say anything.

Question:
Answer:

When did the offenders get their shoes back?
I remember moving shoes over to Ms.~o that they would be
more convenient for her. Ms. •shoes were by her coat.

Question:
Answer:

Did you throw Ms.shoes at her?
No, I tossed her shoes in the direction of her coat.
profanity, accusing me of throwing her shoes at her.

Question:
Answer:

Did you call for Officer Gonzales?
Officer Gonzales was walking from the MSC area and I asked her to pat
.
search M s . _

Question:
Answer:

WasMs
Yes.

Question:
Answer:

Did you brief Sergeant Morley?
No, Officer Miller briefed Sergeant Morley. I gave him the paperwork that
I had found in Ms-'possession.

Question:
Answer:

Before Sergeant Morley showed up did the offenders use racial slurs?
No.

Question:
Answer:

Who did Sergeant Morley talk to first?
He went over to talk with M~and spoke with her.

Question:

While Se~ Morley was talking to M~ere you arguing

Ms.

began using

ompliant during the search?

withMs.~

Answer:

No, Ms....,.,as saying that she was goingto fuck us up.

Question:
Answer:

What did you say to her?
Nothing, she was yelling, I'll take a lie detector test. I'll have you walked
off.

.

806

WCCW 03-024-05
12

Question:
Answer:

Did you tell Ms. • what are you going to do about it?
No, I said your big mouth has already gotten you into trouble.

Question:

Did you tell Ms. •o keep her fat mouth closed you would be better
off?
.
Yes.

Answer:

Answer:

Did Ms. •ay to you why are you still talking, and responded by
saying "yeah I am still talking, what are you going to do about it.
No.

Question:
Answer:

Did Sergeant Morley tell you to take a walk?
Yes.

Question:
Answer:

Did you leave?
No, I stayed right were I was.

Question:
Answer:

Where was Officer Jones?
He was in back of me on the left.

Question:
Answer:

What did Officer Jones say to you?
He tapped me and said, "come on Sergeant said take a walk."

Question:
Answer:

Did you leave with Officer Jones?
No.

Question:

Did you raise you your hand to Officer J ones face and tell him not to tell
you what to do, that you know what you are doing?
I put both hands up and said, "I know what I'm doing."

Question:

Answer:
Question:
Answer:

Why didn't you leave after Sergeant Morley told you to take a walk?
Immediately after Sergeant Morley told me to take a walk the
conversation ended and I did not say anything to M s . _

Question:

Did Sergeant Morley grab Ms. _by her left shoulder and move her to
the fence by the CCU walkway?
I don't know. Somehow Sergeant Morley got her over to the garden fence
by the CCU walkway.

Answer:
Question:
Answer:

Did Sergeant Morley assi~ Ms.~n her elbow to the garden fence?
Somehow, he moved Ms."way from the dental wall.

Question:
Answer:

Where was Officer Gonzales?
She was with Sergeant Morley and

Ms'"
807

WCCW 03-024-05
13

Answer:

Did you follow SergeantMorley, Officer Gonzales and Ms. •to the
garden fence.
Yes. 1 picked her coat up and walked around the comer were they were at.

Question:
Answer:

Did Sergeant Morley kick Ms. _legs apart?
] do not think it was a kick. It was harder than a tap.

Question:
Answer:

What did Ms. • say?
She was being verbally loud and disruptive, she was accusing Sergeant
Morley of assaulting her and kicking her.

Question:
Answer:

Did Sgt. Morley slam his hand against the fence?
Ms. ~as moving her head from the ri~ left. Sgt. Morley grab the
fenc~ his right hand very close to Ms_face, yelling look at me
when I talk to you, and then said something about racial slurs.

Question:
Answer:

Was Counselor Campos watching Sgt. Morley?
Yes, she did not make an attempt to intervene to prevent what happened.

Question:
Answer:

Did you hear Counselor Campos say, hey sergeant?
No.

Question:

Did Sgt. Morley, Officer Gonzales, Jones and yourself have a
conversation about spreading M~eet and someone had said,
"Sergeant you didn't kick her~"".e,all saw it.
We were talking about him separating Ms. ~et.

Question:

Answer:
Question:
Answer:
Question:
Answer:

Do you think it's normal for a Sgt. during a pat search to step in and
separate offender's feet?
No, ] had never seen that done before.

-

Where you looking into the dayroom window of CCU looking at Ms.
No, Officer Schultz was in the break room and he asked me to escort an
offender behind CCU to the cage.

I informed Officer Oakley that I was finished with his interview and did he have any
questions for me. He said that his original incident was not complete because he was
aware that other folks would be able to read it and would like to provide the rest of his
statement. He then said that he would give me another statement by Monday.
(See Attachment #7)
Correctional Sergeant Robert Morley
I conducted an interview with Correctional Sergeant Robert Morley on March 18,2005.
He stated that he was called on the radio by Officer Miller to report to the medium med
line.. He said that M~nd M s _ were yelling racial slurs such as, "white
honky" and "you punk motherfuck~er Oakley.

808

WCCW 03-024-05
14

He said that M~as facing the clinic wall and Ms......,.",as facing the visit
wall by the fence. The offenders w~lling and attacking the officers. He sa.id that
Officer Oakley was searching Ms.~ He then decided to talk with Ms.~
and at first she was yelling a racial slur, "that white punk bastard stops us all the time!"
Sgt. Morley said he told her to calm down and they spoke about what happened, and that
she should not have pulled out the racial card. Then he informed her that per policy he
could have confiscated the letter that she had taken from the unit, but because her sister
was in Afghanistan he was going to give it back to her. Sgt. Morley said he gave her
back the picture an~gized for her behavior and then went to medline. I asked
Sgt. Morley if M s . _ t o l d him that Officer Oakley had snatched her hat out of her
hand. He said, "No,"
Sgt. Morley said that while he was talking to M s . _ Officer Gonzales was
giving Ms. _directive to stand for a pat search and that Ms"was using abusive
language. Sgt. Morley told Ms. •that she needed to comply with the pat search. He
said that Ms. "ontinued to us racial slurs and that he told her, I'm telling you one
more time!" ire'7a:id at that time he took her left foot and slid it to the left. He said she
then started being verbally abusive.
Sergeant Morley said that Ms. •and officer Oakley were exchanging words. He said
he felt like the situation was going down hill, so he told Officer Oakley to takea walk.
Sgt. Morley said he thought Officer Oakley ahd followed his directive as he was only
focused on Ms._ehavior. Sgt. Morley said he did hear Officer Jones tell Officer
Oakley to take a walk.

Ms.

Sgt. Morley said that using a light escort technique to
elbow, he tried to escort
her to the other side of the garden fence by the CCU walkway. I asked Sgt. Morley ifhe
grabbed her by her left shoulder. He said, "No." I then asked Sgt. Morley ifhe had used
I then asked ifhe had used abusive language with Ms.and he said, "Yes, I told her
"Who in the hell do you think you are?"
I then asked Sgt. Morley ifhe slammed his hand against the fence about a inch away
from Ms. _ace, and made the comment, "You will look at me, little girl..look at
me!" Sgt""l':rorley stated that he did get an inch close to her face, but did not slam his
hand on the fence. He went on to state that he may have said, "You wiIllook at me for
eye contact." I asked Sgt. Morley ifhe had heard Ms. Campos say, "Hey Sergeant," and
he said, "no."
Sgt. Morley said he then told the offender he didn't want to hear any more racial slurs,
because he treats everyone the same. He said that Ms~ept on with her comments
0 calm
such as "you assaulted me!" Sgt. Morley said he was trying to get Ms . •
down and telling her that they all have to get along. He then told her he was going to
send her back to the unit. I asked Sgt. Morley if Officer Oakley followed him around the
building and he said he was focused on Ms. •nd did not know.

809

WCCW 03-024-05
15

I asked Sgt. Oakley if Officer Gonzales was with him during the time that he had spread
the offender's feet. He said, "Yes." He said that she (Gonzales) was with him when we
went to the other side of the fence.
Then I asked him ifhe had a conversation with Officer Oakley, Gonzales and Jones about.
spreading Ms. •eet and someone had said, "Sergeant you didn't kick h e r _ we
all saw it." Sf,>1.. Morley said. "No."
Next Sgt. Morley said that he was going to report the incident prior to going but that
Lieutenant Wernet was busy with Sergeant Virginia Byasse and that they were going to
smoke. He said that he reported to Lt. Wernet five minutes after the incident. Sgt.
Morley said that the he had control ofthe situation. Last I asked him ifhe wrote an
infraction for Ms8for her abusive language and failing to submit for a pat search.
He said he was going to write one once he returned on Friday, 1I tho
(See attachment #8)
Polygraph:
On March 12, 2005, Polygraph Examiner William TuffGSR Polygraph Service
administers a polygraph examination on Offender
to verify or
refute the subject's allegation of the situation, which occurre on Thursday, March 10,
2005, involving Correctional Officer Peter Oakley and Correctional Sergeant Robert
Morley.
The polygraph Examiner asked the following question:
1. After Officer Oakley was told to leave by Sergeant Morley, did he continue to argue
with you? Ms.~as not attempting deception when she answered "yes" to the
following relevant question.
2. Did Sergeant Morley separate your feet by kicking them apart last Thursday night?
Chart recordings were not adequate to form a definite opinion as to truth or deception
when she answered "yes" to the following relevant question.
Conclusion:
Based on the interview and statements collected, staff misconduct may have occurred.
Staff are expected to be professional at all times and treat offenders with dignity and
respect per the employee handbook. All statements and interviews indicate that Officer
Oakley and Sergeant Mr. Morley did behave in an aggressive, hostile and unprofessional
manner. Some examples include:
.{
.{
.{
.{

Officer Oakley yelling at offende~'shut up, just shut up!"
Officer Oakley argued with offender
Officer Oakleytelling offender .
o "shut her fat mouth."
Officer Oakley snatched offender
hat out of her hand.

810

WCCW 03-024-05
16

,/ Officer Oakley, refusing a directive from Sergeant Morley to take a walk.Officer
Oakley putting his hands in another officer's face, and telling him that he does not
tell him what to do.
,/ Sergeant Morley kicked offende.egs to spread them apart.
,/ Sergeant Morley grab offender's
hirt.
,/ Sergeant Morley telling offender
n a loud voice "you will look at me, little
girl look at me!"
,/ Sgt Morley hitting the fence with his hand .
.; Sergeant Morley was yelling at Ms~ithin one inch away from her face.
,/ Both offenders remained against the wall with no shoes on.
,/ Some incident reports were not accurate and did not have all the information.
,/ All involved did not write incident reports.
,/ Shift lieutenant Delores Wernet was not notified immediately regarding the
incident.
,/ A TIR was not submitted.
v: No use of Force Packet completed.
Attachment:

1. Offender
ated 3-10-05
2. Offender Complaint 2. Offender
3. Officer Nancy Gonzales lncident Report dated 3-10-05
4. Officer Jay Miller lncident Report dated 3-10-05
5. Officer Michael Jones Incident Report dated 3-10-05
6. Correctional Counselor 3 Mbnique Campos dated 3-10-05
7. Officer Oakley Incident Report/Letter dated 3-10-05
8. Sergeant Morley Incident Report dated 3-9-05
9. Lieuten t Wernet Incident Report dated 3-10-05
10. Offender
etterdated 3-14-05
11. Offend
tier dated 3-10-05
12. Offend
13. Offend
14. Offender
15. Medical report Offend
dated 3-10-05
16. Polygraph Examination Report dated 3-12-05

811

I

LOG 1.0. NUMBER

OFFENDER COMPLAINT
RESIDENTiAl FACILITIES: Send all completed copies of this form to the Grievance Coordinator. Explainwhat happened.:t!!illill, where, and who was
involved orwhich policy/procedure is beinggrieved. Be 85 brief as possible butinclude the necessary facts. A formal grievance beginson the date the
typed grievance forms are signed by the coordinator. Contact a staff member to report an emergency situation or to initiate an emergency grievance.
Please attem I to resolve all com lalnts throu h a ro rlate staff before lrutlatln a nevance.

NAME:

LAST

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D You failed to respond to callout sheet on
.
D The formal grievance/appeal paperwork i~-bei~~rep;;;d~-

DATE RECEIVED

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INITIAL_COMPLAINT OBT-S INFORMATION'
TYPE

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involved or whichpolicy/procedure is being grieved. Be as brief as possible but include the necessaryfacts. A formal grievance begins onthe date the
typed grievance forms are signedby the coordinator. Conlacl a staff member to report an emergencysituation or to initiate an emergencygrievance.
Please atlem t to resolve all com laints throu h a TO riale staff before irutiatln a rievance.
NAME:
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Your complaint is being returned because:
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o

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DATE RECEIVED

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Additional information and/or rewriting is needed.
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Due Date:
No rewrite received.'o;;ie: - - - - - - - - - - - - - - - -

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EXPLANATION:

DATE OF RESPONSE
TYPE

CATEGORY

AREA

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DOC 05-165 (Rev. 10/2000) OCO I POL

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COORDINATOR'S SIGNATURE

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GRIEVANCE PROGRAM MANAGER

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STATE OF WASHINGTON
DEPARTMENT OF CORRECTIOy'

C~;CK ONE: 0

OFFENDER COMPLAINT

INITIAL GRIEVANCE, GlYEMERGENCY GRIEVANCE,

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APPEAL TO NEn LEVEL

RESiDENTIAL FACILITIES: Send all completed copies of this form to the Grievance Coordinator. Explain what happened, when, where, and who was
involved or which policy/procedure isbeing grieved. Be as brief 85 posslble but include the necessary facts. A formal grievance begins on the date the
typed grievance forms are signed by the coordinator, Contact a slaff memberto report an emergency situation or to initiate an emergency grievance.
Please attem I to resolve all com taints lhrou h a

NAME:

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LAST

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GRIEVANCE COORDINATOR'S RESPONSE
Your complaint is being returned because:
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D You requested to withdraw the complaint.
D You failed to respond to callout sheet on
D The formal grievance/appeal paperwork i;-b-eing

EXPLANATION:

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Additional information and/or rewriting is needed.
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Due Date:
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.-------------------,-----------------1

DATE OF RESPONSE

TYPE

DATE RECEIVED

CATEGORY

AREA

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DOC 05-165 (Rev. 10/2000) OCO I POL

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COORDINATOR'S SIGNATURE

RESOLUTION

GRIEVANCE PROGRAM MANAGER

DOC 550.100

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!..OG 1.0. NUMBER

STATE OF WASHINGTON
DEPARTMENT OF CORREC:;ZION

CHECK ONE: 0 INITIAL GRIEVANCE,

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EMERGENCY GRIEVANCE, 0 APPEAL TO NEXT lEVEL

RESIDENTIAL FACILITIES: Send all completedcopies of this form to the Grievance Coordinator. Explain what happened, when, where, and who was
involved orwhich policyJprocedure is being grieved. Be as brief as possible but include the necessary facts. A formal grievance begins on the date the
typed grievance forms are signedby the coordinator. Contact a staff memberLa report an emergency situation or to initiate an emergency grievance.
Please euem t to resolve all com Ialntc throu h a rc rlate staffbefore initlatin a rievance.

NAME:

LAST

MANDATORY
DATE
lOCATION CODE

GRIEVANCE COORDINATOR'S RESPONSE
Your complaint is being returned because:
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D You failed to respond to callout sheet on
D The formal grievancelappeaLpaperwork i~;;~;~repa~;d~- .

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RESOLUTION

GRIEVANCE PROGRAM MANAGER

DOC 550.100

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STATE OF WASHINGTON
DEPARTMENT OF CORRECTI~S

OFFENDER COMPLAINT

CH;c7< ONE: 0 INITIAL GRIEVANCE, \i'EMERGEI,CY GRIEVANCE,

0

APPEAL TO NEXT LEVEL

RESIDENTIAL FAGILITIES: Send aU completed copies of this form to the Grievance Coordinator. Explain what happened, when, where, and who was
involved or which policy/procedure is being grieved. Be as brief as possible but include the necessary facts. A formal grievance begins on the dale the
typed grievance forms are signed by the coordinator. Contact a staff member to report an emergency situation or to initiate an emergencygrievance.
Please altern t to resolve all com taints throu h a ro riate staff before initiatin a rtevance.

NAME:

LAST

MANDATOR
DATE
LOCATION CODE

GRIEVANCE COORDINATOR'S RESPONSE
Your complaint is being returned because:
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D You requested \0 withdraw the complaint.
D You failed to respond to callou\ sheet on

.D

DATE RECEIVED

D
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The formal grievance/appeal paperwork is being prepared.

The complaint was resolved informally.
Additional information and/or rewriting is needed.
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D No rewrite received. Date:

-=--=-

EXPLANATION:

' . >:.>..):-.,
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DOC 05-165 (Rev. 10/2000) OCO / POL

REMEDY

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DATE OF RESPONSE

COORDINATOR'S SIGNATURE

RESOLUTION

GRIEVANCE PROGRAM MANAGER

DOC 550.100

816

I LOG J.D. NUMBER

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STATE OF WASHINGTON
DEPARTMENT OF CORRECT10¥

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C~~~K ONE: D1N1TIAJ. GRIEVANCE, ~MERGENCY GRIEVANCE, 0

OFFENDER COMPLAINT
APPEAL TO NEXT LEVEL

RESIDENTIAL FACILITIES: Send all completed copies of this form to the Grievance Coordinator. Explain what happened. when, where, andwho was
involved or which policy/procedure is beinggrieved. Be 85 brief as possible but include the necessary facts. A formal grievancebegins on the date the
typed grievance forms are signed by the coordinator. Contact a staff member to report an emergencysituation or to initiate an emergencygrievance.
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.
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D No rewrit8;;ceiveCC Date:===--=--=====-=-=,

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'~INITlAL:COMP.lAINT OBTSJNFORMATION ':

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DATE OF RESPONSE

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DOC 550.100

817

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STATE OF WASHINGTON
DEPARTMENTOF CORRECTIONS

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CHECK ONE: 0 INITIAL GRIEVANCE, u;rEMERGENCY GRIEVANCE,

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RESIDENTIAL FACiLITIES: Send aU completed copies of this form to the Grievance Coordinator. Explain what happened, when, where, and who was
involved or which policy/procedure is beinggrieved.. Be as brief as possible but include the necessary facts. A fonnal grievance begins on the dale the
typed grievance forms are signed by the coordinator. Contact a staffmemberto report an emergencysituation or to initiate an emergencygrievance.
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GRIEVANCE COORDINATOR'S RESPONSE
Your complaint is being relurned because:

o

o

It is not a grlevable issue.

o

o You requested 10 withdraw the complaint.
o You failed 10 respond to callout sheet on
o

The complaint was resolved informally.
Additional information and/or rewriting is needed.

(See below.) Return wilhin five (5) days or by:
Due Date:

.

o

The formal grievance/appeal paperwork is being prepared.

_

No rewrite received. Date:

_

EXPLANATION:

lNITIALCOMPl:AINT,OBTS:INFORMATION; :-,:,:",~."

TYPE

CATEGORY

AREA

SPEC

DOC05-165(Rev.10/2000)OCO/POL

REMEDY

1,

;:"",<::::.

,c'.:,,·,··: DATE OF RESPONSE

COORDINATOR'S SIGNATURE

RESOLUTION

GRIEVANCE PROGRAM MANAGER

DOC 550.100

818

_ _ _J

I LOG 1.0. NUMBER
STATE OF WASHINGTON
/
DEPARTMENT OF CORRECTI~

CH~~; ONE: 0 INITIAL GRIEVANCE. ~EMERGENCY GRIEVANCE. 0 APPEAL TO NEXT LEVEL

OFFENDER COMPLAINT

RESiDENTIAL FACiLITIES: Send all completed copies of this form to the Grievance Coordinator. Explain what happened, when, where, and who was
involved or which policy/procedure is being grieved. Be as brief as possible bul include the necessary facts.. A formal grievance begins on thedate the
typed grievance forms are signed by the coordinator. Contact a staff memberto report an emergency situation or fa initiate an emergency grievance.
Please altern t to resolve all com taints throu h a ro rtate staffbefore Inttiattn a nevence.
NAME:
LAST

.COMMIJNrr:r:SUI;>ERVISION:S~Odall
•. comple edcoPies·oUhisform.direclty to: Grievance PmgramSp~ci"Jisl,.Offender:Gilevance.Prograrn,
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STREETORP:O:'BOX
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CITY,:STATE.l'ElEPHONE:N,UMBER
,-

DATE RECEIVED

GRIEVANCE COORDINATOR'S RESPONSE
Your complaint is being returned because:

o

o The complaint was resolved informally.

It is not a grlevable issue.

o You requested to withdraw the complaint.
o You failed to respond to callout sheet on
o The Iorrnalqrievance/appeal paperwork is being prepared.

o
.

Additional information and/or rewriting is needed.

(See below.) Return within five (5) days
Due Date:
~
~
No rewrite received. Date: __ ~

or by:
_
_

o

--------------1

EXPLANATION:

lNITIALCOMPLAiNTOBTS,INFORMATION

TYPE

'.'-..

CATEGORY

AREA

SPEC

REMEDY

L------l--_-------L_----.L_--'-_ _
DOC 05-165 (Rev. 10/2000) OCO / POL

1.

DATE OF RESPQI.JSE

COORDINATOR'S SIGNATURE

RESOLUTION

-'---_~l_

GRIEVANCE PROGRAM MANAGER

---'----

_

DOC 550.100'

819

~OY>f-

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'-

STATE OF WASHINGTON
DEPARTMENT OF CORRECTI~

C~;'CK ONE: 0

INITIAL GRIEVANCE.

~MERGENCY GRIEVANCE, 0

OFFENDER COMPLAINT
APPEAL TO NEXT LEVEL

RESIDENTIAL FACiLITIES: Send all completed copies of this form to the Grievance Coordinator. Explain what happened, when, where, and who was
involved or which policy/procedure is beinggrieved. Be as briefas possible but include the necessary facts. A formal grievance begins on the date the
typed grievance forms are signed by the coordinator. Contact a staff member to report an emergencysituation or to initiate an emergency grievance.
Please altern t to resolve all com taints throu h a ro riate staffbefore inltlatin a rievance.

NAME:

LAST

-

-LOCATION CODE

GRIEVANCE COORDINATOR'S RESPONSE
Your complaint is being returned because:
It is not a grievable issue.
D You requested to withdraw the complaint.
D You failad to respond to callout sheet on
.
D The formal grievance/appeal paperwork is being prepared.

o

DATE RECEIVED

o The complaint was resolved informally.
D

Additional infonmation and/or rewriting is needed.
(See below.) Return within five (5) days or by:
Due Date:
D No rewrite received. Date:

_
_

EXPLANAnON:

DATE OF RESPONSE

TYPE

CATEGORY

AREA

SPEC

DOC 05-165(Rev. 10/2000) OCO / POL

1.

REMEDY

COORDINATOR'S SIGNATURE

RESOLUTION

GRIEVANCE PROGRAM MANAGER

DOC 550.100

820

\2-

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~1.I1·r

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STATE OF WASHINGTON
DEPARTMENT OF CORRECTIO S

.... i>'!

CHECK ONE: 0 INITIAL GRIEVA"'CE,

LOG I.D. NUMBER

OFFENDER COMPLAINT

EMERGENCY GRIEVANCE,

0

APPEAL TO NEXT LEVEL

RESIDENTIAL FACILITIES: Send all completed copies of this form \0 the Grievance Coordinator. Explain what happened, when,~, and who was
involved or which policyJprocedure is being grieved. Be as brief as possible but include the necessaryfacts. A formal grievance begins on the dale the
typed grievance forms are signed by the coordinator. Contact a staff member \0 report an emergency situation or to initiate an emergency grievance.
Please attem t to resolve all com laints throu h a ro riate staff before inltiatln a rievance.

NAME:

LAST

PROGRAM ASSI

-::SEL\""':'.\..-c\, (\

I WANT; GRIEVE
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GRIEVANCE COORDINATOR'S RESPONSE
Your complaint is being returned because:
D It is not a grievable issue.
D You requested to withdraw the complaint.
D You failed to respond to callout sheet on

D

DATE RECEIVED

o The complaint was resolved informally.

o
.

The formal grievance/appeal paperwork is being prepared.

Additional information and/or rewriting is needed.
(See below.) Return within five (5) days or by:
Due Date:
No rewrite received. Date:

o

_
.

EXPLANATION:

DATE OF RESPONSE

OBTS'INFORMAT10N

TYPE

CATEGORY

AREA

SPEC

DOC 05-165 (Rev. 10/2000) OCO / POL

1.

REMEDY

COORDINATOR'S SIGNATURE

RESOLUTION

GRIEVANCE PROGRAM MANAGER

DOC 550.100

821

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LOG 1.0. NUMBER

I. "'~

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STATE OF WASHINGTON
DEPARTMENT OF CORRECTiONS

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CHECK ONE:

0

INITIAL GRIEVANCE,

OFFENDER COMPLAINT

MERGENCY GRIEVANCE,

0

APPEAL TO NEXT LEVEL

RESIDENTIAL FACILITIES: Send all completed copies of this form to the Grievance Coordinator. Explain what happened, when, where, and who was
involved or which policy/procedure is being grieved. Be as brief as possible but include the necessary facts. A formal grievance begins on the dale the
typed grievance terms are signed by the coordinator. Contact a staff member \0 report an emergency situation or to initiate an emergency grievance.
Please attem I to resolve all com taints throu h a

NAME:

ro riate staff before initiatin a rievance.

LAST

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lOe' !-~ttment1rif¥C6rreloflons'{R\O:~trB6x<<4~t129';1C)i."·' --'·iaWVA~9B504~i1tt29.':#~id\~f-..::::~?r:)/,;':/~:~ <.,:' ---'," -, ,- ,';\'. ,:; , ;'i_;):~;::', ':y:,~~~::;;;;:: .:,:~\ifY/! 1~:~f)'::'1tf!Z\{;~</",,::,,:::,';:;.{;~i(>:/~:,,_.,:, :

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Your complaint is being returned because:
It is 80t a grievable issue,
You 'requested to withdraw the complaint.
You failed to respond to callout sheet on
.
The formal grievance/appeal paperwork is being prepared.

o
o
o
o

o The complaint was resolved informally,
o

Additional information and/or rewriting is needed.
(See beiow.) Return within five (5) days or by:
Due Date:
No rewrite received. Date: ~

o

_
_

EXPLANATION:

IN1TIAL:COMPtAINT,OBTS INFORMATION·;";':

TYPE

CATEGORY

AREA

SPEC

DOC 05·165 (Rev. 10/2000) OCO / POL

1,

REMEDY

DATE OF R'ESPONSE

COORDINATOR'S SIGNATURE

RESOLUTION

GRIEVANCE PROGRAM MANAGER

DOC 550.100

822

'-:p C\ c-»: Y2- c- -\ c:

I LOG 1-0.

"---":;

NUMBER

OFFENDER COMPLAINT
RESIDENTIAL FACILITIES: Send all completed copies of this form to the Grievance Coordinator. Explain what happened, When, where, and whowas
involved or which policy/procedure is being grieved. Be as brief as 'possible but include the necessary facts. A formal grievance begins on the date the
typed grievance forms are signed by the coordinator. Contact a staff member lo report an emergency situation or to initiate an emergency grievance.
Please altern t to resolve all com laints throu h a ra riate staffbefore inltiatin a rtevance.
-"

NAME:

LAST

PROGRAM ASSIG

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Your complaint is being returned because:

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Additional information and/or rewriting is needed.
(See beiow.) Return within five (5) days or by:
Due Date:
No rewrite received. Date:

o

_
_

EXPLANATION:

TYPE

INITIALCOMPlA1NT·DBTS INFORMATION
CATEGORY
AREA
SPEC
REMEDY

DOC 05-165 (Rev. 10;2DOO) OCO; POL

1.

DATE OF RESPONSE

COORDINATOR'S SIGNATURE

RESOLUTION

GRIEVANCE PROGRAM MANAGER

DOC 550.100

823

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827

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

o Confidential
DATEITIME OF INCIDENT

LIVING UNIT

03/10/05- approx 1920

CCU'"
WITNESSES

LOCATION

Sgt. Morley
f - - - - - - - - - - - - - - - - - - i C/O Oakley
USE OF FORCE INCIDENT? [gJ YES 0 NO C/O Jones
C/O Gonzales
DETAILS: Who was involved, what took place, how did it happen, description of any injuries, damage, use of force, etc. Attach
additional sheet, if necessary.
In front of Clinic and on CCU Walkway

As walked back to CCU via the MSC gate I observed Sgt. Morley talking to an offender
on the
ut up" at Offende
side of the fence by visit yard. I observed CIO Oakley yellinilirectives "Shut Up, Just
while she was standing facing the wall of the clinic.
ontlnued to argue with C/O Oakley, "Why' you
n my shoes at me? Wh.U
doing this, Don't tell me to s u up." I began to approach the officer as Sgt. Morley
walked over and intervened
urn around and face me, turn around and face me now" ~ornplied, all the while
yelling "why you doing this, w y you kick me" C/O Oakley again yelled
Shut your~outh". Sgt.Mijlrleave
oakle.directive "Oakley stop, now C/O Oakley continued" Just shut up
Sgt. Morley in the meantime'
oak
at me,
you will look at me'JiiiIiiIilo Oakley" Why you still talking to
e Sgt. Told you to stop" Oakiey , ea, I
am sti a king, what are you go~ about it" Sgt. Moriey. "Oakley leave, get out of here." Oakley ignored the
directive, CIO Jones to Oakley" Hey Oakley come on man Sgt said ieave" Oakley to Jones, raising his hands in a open
palmed manner, to Jones's face & chest" Don't tell me what to do, I knowwhat I am doing, I am not leaving." I again
left should in a yanking
started to walk in closer to the situation to intervene., S9t.MO , took hold of Offender _
come around the cornerW"me and CIO Gonzales" I
manner, resulting in him holding her T-shirt, and toid her"
looked at the Sgt. and Said" Sgt." He then reieased the 0 enders shirt, and stated" And Mrs. campos'''l!n the
meantime was yelling, "Why you grabbing me I am coming, why'd you assault me" Sgt. Morley backed
gainst the
fence of the horticulture beds, got with in inches of her face, placing his right hand forcibie against the face c ose to
shoulder and "in a loud voice said" You will look at me , little girl look' at me: I moved in to again intervene Sgt. Mar y
stepped back and told the offender something about " I won't tolerate this black and white race thing, you will not do that,
I am tired of it. "Myself, CIO Gonzales were there, Oakley had followed around the corner. I said" Hey Sgt." I do not
think he heard me, I moved closer, the Sgt. to step between he and!'Mved back and directed the offender to
go to her unit, stating" your not going to Seg this time, I am goon let go."
tated loudly" Can I.go to get MEDs or
are you gonna stop me from doing that!" Sgt. Said "Get your coat ad go ge your Meds." I followed. As I walked around
the corner with the Offender I heard the Officers ( Oakley, Gonzales & Jones) saying something to the effect of " Hey,
Sgt, you didn't kick her we all saw it" the offender heard this. . In MED line the offenders were being loud CIO Miller
said" Quiet" Sgt. Morley came around the ~ and said" . .' be quiet and get your Meds_replied "l ain't
e situation. As I
talking, why ya doing this" I walked over to.,told her to come with me I was removing her
walked back to returned.o CCU she was yelling" I just want to call my mom so she can call Belinda Stewart, this
is bullshit, I want an emergency grievance I was assaulted" I tol~"Okay, well talk in the unit, I am not yelling so just
bring it down, were gonna talk, I'll get you the grievance forms, ju~the" - . , a s crying. Back at the unit I sat and
spoke with her in my office 10 - 15 minutes for de-escalation, 1waited until ~s calm, she was requesting an
uest, I told her I did nol know
emergency grievance form for " assault and intimidation by the..staff' I responded to her
d" You
if it met emergency criteria but that I would make sure it was viewed this night by the LT.
continually sllat
saw what happened if you weren't there they would have hit me , what are you gonna do a out it" I replied
it is not
my job to do anything, I removed you from the situation, I will make sure your statement is read by the LT, an i asked I
i1 l r port what l saw and heard, right now l am trYing to heIP you calm down and make sure everything is OK." I asked
if she thought she could go into the POD remain calm, no yelling, no escalating and write her statement" She replied
eah, I ain't gonna start yelling again" I sent her the POD to write her statement. I called the shift office to contact the
Shift Lt., Morley answered the phone. I told Morley" What just happened was unacceptable, unprofessional and out of line
that I would report to the Supervisor" I continued" Your officer was openly insubordinate, out of line and you were to
involved, you got to close, too loud and took it to personal" Morley suggested that I don't understand" Night after night
these offender call my officers everything in the book" I agreed" Yeah well we are supposed to be the professionals, if
au take it ersonall don't be in the business" S t. Marie a reed" I took it to far." In the meantime offenderswere

aa"

lie

@

Distribution:

WHITE· Chief Investigator

DOC 21-917 (12/03/03)

CANARY - Executive Team Member

PINK -

Ori,Qlriali;1.f r"'f'.' GQ.tJ}ENR¢lrI~ \r.nr'(l"E!di<;lte.Supervisor
" L\""" I!tlial.... ~\l; \\.lVu re.;tQ~_l",.j 828

going to ch~pel, movement, offe~ders from medline were upset " T~ced is fucked up." I went to the foyer trying to
bnng the Unit back down, Sgt. 0 Bnen was Instructed to make sure~got the gnevance forms (there were none in the
POD). In the meantime I called the shift again the.Mor~.
answered I tal him I was looking for the LT. I hung up,
CIO Oakley then came to the unit. To report that
and~ (no
e was confused) but_ _had gone
to the Chapel just now and "why, this is out of can rol?" I told him than you for reporting it , I calle~en in asked
"Is~ the Unit" he replied yes, Oakley said "well they were justkicked out of the Chapel" Sgt. O'Brien said" Weill
':;. do~w when, cuz she is silting in the dayroom writing a grievance" Oakley said something to the effect "Oh so what
she doing calling her Mom, so she can call BEliNDA STEWART" at that point I said to O'Brien, "Get out there quiet the
unit down, get Marks out of the Booth, get the Forms_cail me the second they are complete" he left
I told CIO
Shultz "to g~n the radio and tell her call me a
" he carrie back to my office and said" I did ,she said in
five" I said s~ing to the effect" do you know wh
W means" he did not reply. Oakley then tried to defend his
position, denying he put his hands In Jones' face, denying he said "so what are you gonna do about it" to the offender I
continued "You know what Oakley just stop, you were out of control, Why are you arguing with an inmate, what does what
are you gonna do about it anyway supposed to mean, what is up with putting your hands in the face of another officer
telling you know what your doing when you are refusing a directive from your Sgt Oakley don't tell me what happened I
was there, I saw it., just know I am reporting this thanks you f a . 'ormation about the chapel good bye" He walked out
of my office in to the foyer he stopped to look into POD wher
as . I immediately got on the phone to call the Shift
again Morley answered I said" Morley I want Oakiey out of this unit, now i don't care what you say or why you tell him to
leave but get him out" Morley repiied "Well he is 43so that is his zone of control" I said something to the effect of" Not
/
anymore, don't care, whatever, get him out of here" Morley called him on the radio Oakley left. Somewhere in the middle
L of everything Lt. Wernet called I reported the incident. She requested I go to her office" I sated" Once the unit is calm,
the statement is done and everything os okay I will be there" at that point Jones showed up in CCU, I did not know his
name up to that point I motioned him into my office I asked who hewas , I told him who I was I said "situation out there
just now was not OK, I was reporting it" He sated "Well Oakley didn't really put his hands in my face, more like ro my
chest" I said" Oh. You mean Oakley has aiready toid you what to say, Well listen to this Jones I saw what he did, I heard
what he said, it was wrong, it was unprofessional and that is the way I am reporting it I suggest you do the same" Jones
then did remember" Oh yeah he did say "don't tell me what to do, I ain't laving. " At that point, LT called again, I stated I
was en-route and Jones was with me, she told me to tell Jones to report to her office, I did. As Jones and I walked to the
shift I was talking about Morley being out of line, talking about how "we" are the professional "we" are in control already,
that type of behavior is inappropriate, Jones stated he had seen Morley around the corner wit~and asked" What
would you have done?" I stated" If an offender refuses a search, that is easy you say turn around and cuff up ,that's it the
issues is solved that is an immediate Seg-able offense"'7
.j ~ \
ZD 'f D

,'I

a+-

IMMEDIATE ACTION TAKEN:
Removed offender from situation
Contacted Shift Lt.

TITLE

DATE

CC3

03/11/05

OATEIfIME RECEIVED

INCIDENT NUMBER

INVESTIGATION ASSIGNED TO

BY

DATE

The contents of thiS document may be eligible for pUblIc disclosure. Social Security Numbers are considered confidential information and wlll be
redacted in the event of such a request. This form is governed by Executive Order 00-03, RCW 42.17, and RCW 40.14.

Distribution:
WHITE
DOC 21-917 (12/03/03)

~

Chief investigator

CANARY - Executive Team Member

PINK - Originator

GOLDENROD -Immediate Supervisor

829

..,.~ltors.,.

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STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

IJIJI"

INCIDENT REPORT

PLACE I AREA OCCURRED

e\D LiJ1J£

:r'

DATE /TIME OF INCIDENT

-If!-OS;-

'7

USE OF FORCE INCIDENT

DETAILS: Who was involved, what tookplace, how did it happen, description of any injuries, damage, use of force, etc. Attach
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Shift Commander
Clinical Director
Safely Officer
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The contents of this document may be eligible for public disclosure. Social Security Numbers are considered confidential information and
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STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

PLACE I AREA OCCURRED

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DATE !TIME OF INCIDENT
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Superintendent
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831

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STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

PLACE f AREA OCCURRED

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Shift Commander
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Safety Officer
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DATE

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The contents of this document may be eligible for public disclosure. Social Security Numbers are considered confidential information and
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§J

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

PLACE I AREA OCCURRED

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Superintendent
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Safely Officer
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DATE

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The contents of this document may be eligible for public disclosure. Social Security Numbers are considered confidential information and
will be redacted in the event of such a request. This form is governed by Executive Order 00..03, REW 42.17, and RCW 40.14.
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Other

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The contents of this document may be eligible for public disclosure. Social Security Numbers are considered confidential information and
will be redacted in the event of such a request. This form is governed by Executive Order 00-03, REW 42.17, and RCW 40.14.

834

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STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS
PLACE I
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/;~A OCCURRED

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OFFENOERSINVOLVED

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DATE /TIME OF INCIDENT

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USE OF FORCE INCIDENT

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DETAILS: Who was involved, what too~li'ce, how did it happen, descriptionof any injuries, damage, use of force, etc. Attach

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Distribution by Associate Superintendent:
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Intelligence Officer
Clinical Director
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Other

DATE

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Other
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The contents of this document may be eligible for public disclosure. Social Security Numbers are considered confidential information and
will be redacted in the event of such a request. This form is governed by Executive Order 00-03, REW 42.17, and RCW 40.14.

835

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838

STATE OF WASHINGTON

INCIDENT REPORT

DEPARTMENT OF CORRECTIONS

Use Tab to move to the next Text Field
ATE OF INCIDENT

'NcmENT CATEGORY

-09-05
IME OF INCIDENT

910
SE OF FORCE INCIDENT'?

[ot Applicable
TAFF WITNESSES (Name, Rank/Job Class, and Poet/work Unit. Volunteers and visitors; name and reason [or visit)

rfficers Gonzales, 1. Miller, P. Oakley, M. Jones, CC2 Campos, Keeler.
lETAILS: (Who was involved, what took place, descriptions of any injuries, damage, use of force etc, Use additional page if
ecessary) At19l 0 hours 1 was ca1Jed to respond to Ml Med Line per C/O Miller's radio r~2",,:~rrived

.t med line Officer Mi1Jer was trying to explain to me as to what was happening. Inmat~as

-elling numerous racial slurs and other negative comments at staff (being verba1Jy abusive). Officer Oakley was
:onducting a motified pat search on inmat~ Inmate """as also being verbally abusive
awards staff using racial slurs and negativ~sk Officer Oakley as to what was going on. he
iroceeded to inform me as to why he had stopped both of them and conducted the search. During his discussion
'lith me inmate ~ constantly yelling at staff using racial slurs and othe~ve comments. I decided to
rpeakwith inma~trst. She seemed the calmer of the two. I ask inmat~s to why she pulled out
he racial card with staff she lead me to believe she was following her friend's lead (inrnate8fl. Officer
Jakley had given me some letters he had taken from her during the search. I explained to her not to use the
'acial issuers) it's pointless. She agreeded. I spoke with her about the property (letters) brought to med-line. 1
explained to her that per policy we can confiscate them. She agreed. I noticed that the return address was from
Afganiatan. The inmate stated they were from her sister in the military. So I decided to give her the letters back
and told her not to bring them to med-line. Inrnat~ologized to me and departed. During the whole time
[ was talking with inmate~at~as constanly yelling negative comments and racial slurs at staff.
As I approached i n m . t eho was standing facing the wall, Officer Gonzales was giving her directives for
a pat search. Inmat
ntinued to be verbally abusive towards staff using racial slurs and negative
comments. I walke over and ask i n r n . ta comply with the search. To put her hands out along her side
palms up and feet spread. I ask inmat
ice to comply. Inmate~omplied with putting her arms out
palms up, but wouldn't spread her feet. Officer Gonzales ask her also to comply by spreading her feet. Inmate
_eplied with why should I bitch. I placed my left foot between her feet and slide her left foot off to the left
'rof"'ttie officer's safety while she was conducting the pat search. At no time did I place my hands on to her
person. After Officer Gonzales conducted the pat search I tried to speak with inmat~out the whole
incident. Inmat~ould not be quite (calm down). She just kept on being verba~sive towards staff. I
was foscued on inmat~havjor, her comments to alJ staff present. Officer Oakley and inmate_
words to one another l~ecalL I did see the incident with trying to talk with imnate~ing ~IL I
directed Officer Oakley to take a walk because his presence there was escalting the situation. I don't reca1J
Officer Oakley ifhe left or not I was focused on inmate~d her behavior first. I did hear Officer Jones telJ
Oakley lets take a walk. I ask imnat~ accompy me around the side of the building with Office Gonzales
so we could talk about the situation and the racial comments. lmllat~ust replied with you assaulted me,
you're threatening me, and started using abusive language towards me as she had been throughout this incident
with all staff present. When I saw that inmate" was not going to accomply me as I directed I place my right
ann on her elbow using a light escort technique I tried to escort her to the other side of the building. She pulled
away from me and walked on her own to the fence by the grow mat. I ask imnate_everal times to calm
down and talk to me. She just kept on yelling and screaming at me (using abusive language and racial slurs).
Again I tried to speak with her with no advail. At that time I stepped into her making face to face contact with
her saying I don't wanted to hear anymore racial comments from her, because I don't go there with any inmate
ouldn't reason or talk just kept on with her comments you
here I treat eve.Tyone the same. lnmat
d

839

ssaulted me, you threatened me, I feel threatened, and at the same time cussing at and using racial slurs
irected at me. I never threatened this inmate. 1 was trying to explain to her like I did inmat~hy use the
icial card here. I was trying to get-her to calm down and explain to her that we all have to g~g. TIle
ifficers have a job to do and the inmates have to try and follow the rules. So lets reach a compromise. After J
ad explained this to her 1 was going to send her back to her unit. As for Officer Oakley following me around
ie building 1 didn't see him or hear him I was focused on irunate_ehayior and Officer Gonzales who
ccompanied me along with CC2 Campos.

MMEDlATE ACTION TAKEN:

IN SEGREGATION

YEsDNOD
YEsDNOD
YEsDNOD
YEsDNOD
YEsDNOD
REPORTING ST
R. Morley

NATURE

,J

r

SUPERVISOR

DATE/TIME

'f~O.J

840

STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INCIDENT REPORT

o Confidential

DATEITIME OF INCIDENT

LIVING UNIT

March 10, 2005
LOCATION

WITNESSES

Shift It's Office
USE OF FORCE INCIDENT?

0

YES

0

NO

DETAILS: Who was involved, what took place, how did it happen, description of any injuries, damage, use of force, etc. Attach
additional sheet, if necessary.
On March 10, 2005 at approximately 1gOO hrs., I was in A-Building talking with the Captain, when a radio call was made
requesting the Shift Sgt to report to the medllne area. At that time, Sgt Morley said something about how this was
becoming routine with having to respond to medllne due to inmates talking at medline. Captain Green stated to Sgt
Morley something to the effect of taking the offender's 10 and sending her back to the unit. Sgt Moriey responded then
departed the hallway. I continued to talk with Captain Green for a couple minutes then he left for the day and I walked
back into the Shift U's Office. I was contacted by Sgt Byassee at approximately 1945 and she asked if she could meel
with me for a few minutes. She arrived in the office shortly afterward and as we left the Lt's Office, I told Sgt Morley that I
would be with Sgt. Byassee. I do not know what time Sgt Morley came back to the Shift Office, but he was there when
.
Sgt. Byassee and I left. Sgt. Byassee and I returned to the Shift Office a few minutes past 8:00PM. As we walked into
the office, Sgt Morley said, "U., I need to talk to you before Campos does". Sgt. Byassee then left the office and I told Sgt
Morley to corne in to my office so we could talk about what had taken place. The meeting we had at that time, w~1
and I asked him what had happened. Sgt. Morley then relayed tome that when he got called out to medline, I/~
was disrespectful and was continually using racial slurs toward staff and would not follow directives from CIO Oakley,
who had attempted to conduct a modified pat s l ! n d that it had gotten loud and he told Oadkley to leave. He said
at he didn't appreciate her bringing the "race card" Into everything,
that he took over the situation and had told 11M
that he didn't allow his staff to do that and woul n't tolerate an offender doing it either. He said that she continued to be
loud and disrespectful and was calling him "honky, whiite boy", things of that nature. Sgt. Morley said that he knows that
she is on a 658 contract but doesn't feel that segregation means anything to her and. doesn't make any difference to her If
she gets infracted. He said that he handled the situation, and chose to let her go back to her unit afterward, Sgt Morley
told me that he had "gotten to close to her" (related to her personal space) that he was within inches of her face and that
he had also gotten loud as he was angry that she was continually using racial slurs and being disrespectful towards staff.
I asked him if I should expect that she would file a grievance in regards to this and he hesitated and said that she probably
would file a grelvance due to him being so close, While Sgt Morley was telling me what had taken place, I recieved a
radio call from one of the CCU staff requesting me to call ext. 563 (CC3 Campos' office). I replied that I would call in 5
minutes.

At approximately 2015, when Sgt. Morley finished telling me about the lncident.] called M, Campos and said It was more
than five minutes, but I was calling as requested, She asked me if I had talked with 5gt. Morley and I said that I had. At
that time, she told me that I/M~as writing an emergency grievance against Sgt Morley. I asked if It was life
threatening, and she sald no. ~ told her to explain to the offender that If it wasn't life threatening, I would be downgrading It to an initial grievance anyway, so to see if she would file it as a routine grievance. (I expected that the
grievance would explain that Morley was loud when he dealing with her and that he had invaded her personal space). At
that time, Campos asked me if an assault was considered emergent. She then told me that the offender was submitting
the grelvance stating that Sg!. Morley had assaulted her. Campos started telling me that Morley had gotten out of line:'
was completely unprofessional as was CIO Oakley and that she had witnessed a part of what happened. As it became
clear that I had only part of the incident relayed to me from Sgt. Morley, I said, "you obviously know more than I was told,
Come to my office, we need to talk". When I got off the phone, I called Sgt. Morley back into my office. I asked him, "is
there anything else about this incident that I need to know?" Sgt. Morley responded, "like what?". I then said, "that
offender is writing an emerl!ncrievance saying that you assaulted her". Sgt. Morley said that you might call it that.
as being uncooperative with the pat search and wouldn't stand with her feel apart, so
He went on to say that 11M
he had placed his foot in be ween her feet and tapped her fool as he slid her feet apart so that she was standing with her
feet shoulder width apart for the search, That Is the oniy physical contact that he told me had taken place. I told Sgt
IlIlorle that I needed him to submit an Incident re art. He asked me where I wanted him to start, and I said "I don't know,
Distribution:

WHITE - Chief Investigator

CANARY· Executive Team Member

PINK -

orronator{

GOLDENROD -

lm~iate Suoervir-

841

I wasn't there. I need to know what all nappened". He then left my office to write his report.

I again called CC3 Campos to see if she was on her way to my office. She told me she was waiting for the offender to
finish writing the grievance so she could bring it with her. She was aiso attempting to find out an officer's name that she
said was also there and then she said, "here he is now, let me ask him his name". While she was still on the phone, she
was talking with C/O Jones to get his name, then she told me that he would also be coming to my office as he had
witnessed what had taken place.

Campos and C/O Jones arrived at my office at approximately 2040. By then, Lt. Simmons was also in the office. I told
Campos that I would need an incident report from her and asked her to step out so I could talk with Jones. I then asked
C/O Jones to tell me what had happened out at the medline. He told me that he was on his way back from MSU when the
radio call was made requesting Sgt. Morley to come to medline. Jones told me that he decided to walk over in that
direction to see if he would be needed. He said that he saw the offender and C/O Oakley in heated discussion, that
Oakley "had lost control" and that Sgt. Morley directed Oakley to leave more than once but he was still there argueing
with the inmate. Jones said that he told Oakley to take a walk with him like the sergeant had said, but that C/O Oakley put
his hands up in front of his chest in an offensive manner (he showed me how Oakley held his hands) and told Jones not to
tell him how to do his job. Jones said that he stepped back from C/O Oakley at that time, but that C/O Oakley had
completely lost control. Jones went on to say that Sgt. Morley took the inmate around the corner to the CCU walkway by
the horticulture area and took over the situation. I then said "you are saying that C/O Oakley was unprofessional and
innappropriate" and he said "yes". I then specifically asked C/O Jones if he had witnessed anything unprofessional or
inappropriate in regards to Sgt. Morley, and he said that he had not. I told C/O Jones to go to a quiet area where he could
be alone and write an incident report and he left the office.

Just prior to 2100, I reclevec a telephone call from C/O Mendes who stated that she had an incident report to bring over.
asked her what time the incident happened and she said, "just now". I told her to bring it over. I then took the First Shift
Roster and went to the copy room to make copies of the roster. While doing so, C/O Mendes walked into the hallway,
looked at me and held up an incident report. I told her that Lt. Simmons was in the Lt's Office and she could give the
incident report to him. C/O Mendes said that she would rather give it to me. I stepped out into the hallway and read her
report, she made a copy for herself and I left the area to go to Public Access so I could meet with the oncoming Shift Lt.
prior to muster. CC3 Campos was aiso walking up front at that time and she handed me the emergency grievance. While
I was waiting for Lt. Burton, I started to read the greivance, then stopped while I briefed Lt. Burton as to information that
he would need for his muster.

At approximately 2125, I approached C/O Miller, J (who had relieved the Public Access Officer) and told him that I needed
an incident report from him regarding what had taken place at the medline. I then started to leave R-Building, turned
around and went back to the Public Access desk and used the telephone to call C/O Gonzales. I told her that I needed
her to submit an incident report and she told me that she was already writing one and had about two more lines to write.
instructed her to bring it the the U's Office when she was relieved. I then walked back to the Shift Office.

Upon my arrival in the U's Office, I continued to read the rest of the 12 page grievance. When I realized that the First Shift
Staff were walking past the windows, I went into the Sgt's Office and told Sgt. Hashimoto that I was expecting incident
reports from C/O Miller and C/O Gonzales and instructed her to bring the reports into my office when she received them.
walked back into the U's Office and closed the doors. A minute or so later, Lt. Burton also came into the Lt's Office.

At 2200, U. Burton opened the door between the Lt and Sgt Office and C/O Oakley asked U. Burton if I wanted to talk to
him. I told Lt. Burton that I did not and C/O Oakley walked past Lt Burton and asked If he should also be submitting an
incident report. Initially, due to it being the end of the shift, I was going to have C/O Oakley write his report when he
returned to work the next day. I told C/O Oakley if he prefered to write his report proir to going home, to go into the break
room and write it. C/O Oakley left the office at that time. When. C/O Gonzales arrived in the Shift Office with her incident
report, she asked if she could talk to me about this. I asked her if it could wait since she was submitting a written
statement as to what took place and she said yes it could wait.

I looked up Dan Fitzpatrick's number as he was the Duty Officer and at approx. 2210, I called his home number. I was
asked to contact him on his cell hone so I hun u and looked u that number. I then called Mr. Fitz atrick and when he
Distribution:

WHITE - Chief Investigator

CANARY - Executive Team Member

PINK - Originator

GOLDENROD _ Immediate Supervise

8 42

answered the telephone, I told him that we had had an incident that I had not called him on and specifically was waiting
until now so that I could get a better idea of what all had happened as I was getting conflicting stories and was until then
still trying to sort out what had actually taken place and who all was involved, I relayed to him what I knew of the incident
and that I was collecting incident reports, i relayed that the only one that I knew was Involved that I had not received a
report from was Campos and that she would submit hers when she came to work the next morning, I told him that I know
I am under time frames to answer an emergency grievance, but due to the fact that it wasn't life threatening and was 12
pages long, I requested that I not write a response on_heievance as I knew if would be needed for the investigation, I
totd him that I wanted to go to CCU and talk with 11M
told him that I wanted to exptain to her that I did receive the
greivance and to let her know that it would be looked In 0 in full, so that she didn't think that since she didn't get a written
response it was being ignored or that it didn't get delivered, Mr, Fitzpatrick asked me if the offender had been checked by
medical yet, and I asked Campos and was told that she had not been, Mr. Fitpatrick said to make sure she was assessed
by medical and to put all of the reports together and put them under his door.
,

Goodnit~

11M"

Once I was off the telephone, M, Campos and I walked over to the CCU and asked Officer
to have
come to the conference room, When she came in, I introduced myself to the offender, told her that I had received her
grievance, assured her that it woul~beicially looked into and explained that I was going to escort her to the clinic and
have her assessed for injuries, 11M
aid that she wasn't hurt and didn't have any injuries, but that she just didn't
think it was right for either Officer eeler or for Sgt. Morley to do what they had done and wanted to make sure that it
didn't happen again, Campos stated to her that she had CIO Keeler's name in her grievance and asked her if she knew
that CIO Keeler was a female officer, I/~oked surprised and said that she didn't know the officer's name that was
involved in this and that when she asked ='his name 'was (referring to CIO Oakley) she was told that the officer's name
was Keeler, I again explained to her that due to the fact that she stated that she was assaulted, I was going to have a
nurse complete an assessment as it is protocol. While I was escorting her to the clinic, I/M~aid that she was afraid
to go to medline the next day as she knew that both of the staff would be there and she did~nt any more problems,

When we arrived in the clinic, I asked RN Knight if she could assess the offender due to a possible assault. Upon
complettion of her examination, RN Knight called me into the medical records area while the offender was told to sit near
the officer's desk, RN Knight relayed to me that there was a reddened area on the inmate's upper arm near her shoulder
consistent with someone grabbing her, She said that as bruises take a while to present itself, she suggested that the
inmate's armlshoulder area be photographed the next day and again the following day to see If it turned into a bruise,
Red marks do not show up on photos so I did not have pictures taken at that time, I then took the nurse's report and
escorted the offender back to CCU,

I received incident reports from the folowing staff: Sgt Morley, CIO J, Miller, CIO M, Jones, C/O Gonzalaes, C/O Oakley
and RN Knight. I put all 0\ the reports together, put them in a routing envelope and slid them under Mr, Fitzpatricks door
and left the facilty at approximately 2335,

IMMEDIATE ACTION TAKEN:

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CANARY. Executive Team Member

PINK· ortcmaior

GOLDENROD _ Immediate Supervisr

84 3

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INVESTIGATION ASSIGNED TO

BY

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redacted In the event of such iI request. This form Js governed by Executive Order OO~03J RCW 42.17, and RCW 40.14.

Distribution:
r-v-v-

WHITE - Chief Investigator

')1 017 If\nH ninA \

CANARY· Executive Team Member

PINK - Originalor

GOLDENROD - Immediate Superviso

844

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D Safety Officer
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DOC 21-456 (10/16/2001)WCCW

_

DATE

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845

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The contents of this document may be eligible for public disclosure. Social Security Numbers are considered confidential Information and
will be redacted in the event of such a request. This form "IS governed by Executive Order 00-03, REW 42.17, and RCW 40.14.

DOC 21-458 (02119/03) WCCW

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848

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851

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DEPARTMENT OF CORRECTIONS

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IMMEDIATE ACTION TAKEN:

RE

TING STAFF SIGNATURE

TITLE

INCIDENT NUMBER

DATE /TIME RECEIVED

INVESTIGATiON ASSIGNED TO

BY

Distribution by Associate Superintendent:
Superintendent
Intelligence Officer
Shift Commander
Clinical Director
Safety Officer
Other

DATE

Other
Other
Other

The contents of this document may be eligible for public disclosure. Social Security Numbers are considered confidential information and
will be redacted in the event of such a request. This form is governed by Executive Order 00-03, REW 42.17, and RCW 40.14.

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STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS

INMATE'S KITE
PAPELET A DE PETICION DEL RECLUSO

DATE I FECHA

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(language).
_ _ _ _ _ _ _ (idioma).

REASON I QUESTION
RAZON I PREGUNTA

f ? S OFF lOlA L1BRES .

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ESPONDE

Dislribulion: WHTTENEL OW-Flllsponder, YELLOW-Rlllum 10 Oftenoer with Response. PINK-OfIBmler KIlBPS
Distribuci6n: BLANCA/AMARILLA-Persona que responde, A.MARILLA-DevuelvB a! recluse con reepuesta. ROSA·Sa le
qUBda et recluse

DOC 21-473 EJS (7/2003)

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PHOTO

DATE OF PHOTO

SOURCE OF
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8/21/2002 3,09,02 PM

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2/4/2003 9'56A9 AM

TAS

2/4/2003956·31 AM

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DATE OF PHOTO

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P//N2 _
lIS0002
DOC NO:
BED NO:

03/11/05 16.16.14
TE
CORD
PAGE
I
NAME: . . . . . , ( "AB" )
STATUS: ACTIVE
COUNS OR: FO
OM, KATHERINE L.
RMI : RMA
MXED: 11/17/2005 MNED:
ERD : ."J...Y.6;l,/..6.9t~ ADJ. :_(i,lillliiiGJ91/<2i!DW!Sj
NRD : 02/15/2005
SCORE: 35
CUS.: CLO
MFED: 02/04/2003
VW ELIGIBLE:YES COMM.PLACEMENT: NO

CURRENT LOCATION: W.C.C . • • 0
BIRTH : ~4J~2,ill SSA NO:
SEX: F ~"21
FBI NO:
RACE
:~.~13l\.Ijf~
SID NO:
HISP ORIG: NO
HRR:
Q
P U L H E S D X T REG OFFENDER: NO
I 1 1 1 1 2 1 1 1
DATE: 02/11/2003

NAMES:

(TRUE)
(COMM)

P. PREL: DENY INST INFRACTION
P. MFED: HQS APP REL-IMU STAT
COM.
COUNTY
#AB#N KITSAP

LSI-R: 38 AND LSI LEVEL: MED/HIGH
COMMUNITY CONCERNS (Y/N): N
VICTIM WRAP AROUND/SENSITIVE: N N

IRTH:~983

SSA NO:

P. WTR: DENY INST INFRACTION
P. REL: N/A

GTL TIME STRT RECEIVED OC
33 02/04/03
02/04/03 81

MIN.TERM
3Y OM OD

CC CS

REL.DATE STATUS
02/09/2005 ACTIVE

865

P//N2_
1IS0002
DOCNO:_
CMP. CO. / CAUSE

NAME:

03/11/05 16.16.14
INMATE RECORD
(CONTINUED)
PAGE
2
( "AB" )
STATUS: ACTIVE

OFFENSE DESC.
V OC CNTS MIN. TERM
RUGS-MFG,DELIVER, N 81 1C
3Y OM OD

CC

CS

MANn

OY OM

JAIL
78

TOTAL MONETARY OBLIGATION: ORDERED $***2770.00 ;AS OF 03/07/05 PAID $******0.00
SCHEDULE:
o
SET BY:
SPECIAL CONDITIONS, YES
STAT MAX:
11/17/2012
*******************************************************************************

COMMENTS: 18-021014711PSI>351/CX65 ON
10729 13 02/18/03 F01
03/04/03 W/R PKT REC@PWR DMD
10770 48 04/12/03 F01
MOVEMENT DATE & TYPE

DESTINATION
cs .." ··'OMEN
WCCW MINIMUM
MASON
WCCW MINIMUM
W.C.C.WOMEN

~'E'" ,,.,nMM~m,,,,,,~,.,,.",,
W
O2,,,/·A•. .J 0 3..)ill=:L~~t.Al.Lll.1.~J..:J.'lJ..l.:#~'l~it.f';1
C:.;~W;~~~~
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'~:~\':'I.

03/12/03
03/21/03
03/21/03
04/12/03

TRANSFERRED TO
ESCORTED LEAVE
RET.FM.AUTH.LV.
TRANSFERRED TO

12-31-02
JA
18-021014711 VW>351 2/19/03 CB
031803 COND OK FOR PWR FCO
11182 79 07/03/04 FOI
REASON FOR
INITIAL CLASSI.
INITIAL CLASSI.
MEDICAL NEEDS
MEDICAL COMPLTD
DISC. PROBLEM

ORIGIN
KITSAP
W.C.C.WOMEN
WCCW MINIMUM
MASON
WCCW MINIMUM

866

';;Sl~

.·OLY"UAI'II SEU \'J(~ES
William D. Tufts
1409 18

th

Ave CT. SW

Puyallup, WA 98371

TO:

tnvestiqator Kelly Kelly
Department of Corrections
WashingtDn Corrections Center tor WDmen
9601 Bujacich Road NW
Gig Harbor, WA 98335

Subject:

Examination Date:

03/12105

DOB:

Offense:

Statement Verfication

Requested by:

Investiqator Kelly Kelly

Purpose of Examination: TD verity or refute the subject's aliepafion of the situation which
occurred last Thursday night involving Officer Oakley and Sergeant Morley.

Prior to the polyqrapn examination, the subject was advised of her Polygraph Rights and waived
these rights by signing the attached form.
CONCLUSIONS

A polygraph examination was administrator to the subject on the above issues.
Based on the physiological responses produced by the subject on three (3) polygraph
charts, in the opinion of this examiner, she was not attempting deception when she
answered "yes" to the following relevant questions:
1. After Officer Oakley was told to leave by Sergeant Morley, did he continue to argue
with you?
Based on the erratic physiological responses produced by the subject on three (3) polygraph
charts, in the opinion of this examiner, chart recordings were not adequate to form a definite
opinion as to truth or deception when she answered "yes" to the following relevant question:
1. Did Sergeant MDrley separate your feet by kicking them apart last Thursday night?

March 12. 2005
Examiner: William D. Tufts

Date oj Report

,.

f-,

867

POLYG RAPH

EXAMII~ATIOI'i

STA TEivlEI'iT OF

/I

tf s--

CONSEI~T

Place

~~

E\Qm!nQlion ol

'--

-..C,

understand

CI

polygraph

e;-;amlfl211on

"omlnlslered by GSR polygrQph services lor Ihe
~

IS

,j

_
~

,

being conducie d concem,ng.)/::?f-<'/>1....;([)b<: I';;C-;:;.../;~ I also undcr siano lhoi I

CQnnOI be required 10 submit to a polygraph exarrunai.or without my consent Additlon"ll'.
thai il Ihe answers during ihe examination show deception, I may be asked to expiai n

I hold GSR polygraph services and William Tults harmless and lree f rom

~ln\

liability for any ac.s or omission by any other pari i es or agencies and release and hold
harmless any persons or agencies irorn any and all claims or liabilities alleged to resuutrorr or
anse

OUI

of th.s examination,

Understanding tbat I have the unqualified right to rel'u
do hereby, Ih'ls date, voluntarily and without duress, coercion, unlawful inducement, or
promise or reward, agree to submit to a polygraph examination, l Iurthcr understand tnat rhe
information obtained during tms process will nOI be released

Witness

'vA-J frt(S

10

me.

Signatu

868