Print
Email
Share

Record-breaking judgment against DSHS

by NATASHA RYAN / KING 5 News

Bio | Email

KING5.com

Posted on November 18, 2011 at 9:36 PM

Updated Friday, Nov 18 at 10:47 PM

TACOMA, Wash. --  A record-breaking penalty against the Department of Social and Health Services was handed down Friday. The state’s largest agency was ordered to pay out $650,000 for violating the state’s Public Records Act. The judge said the penalty needed to be stiff to deter similar behavior from DSHS.

Amber Wright is capable of a smile but her adopted mother, Michelle Bossard, says Amber’s history is one that could bring almost anyone to tears. Amber described it, “Being sexually abused by my real father, being hit all the time, being forced to take drugs.”
 
For years, David Wright didn't allow Amber a normal childhood. Crying, she said, “You see all these other with their parents loving on them. I had never had that.”
 
Wright filed a lawsuit against DSHS for failing to protect her from the abuse, claiming they ignored multiple red flags. She also filed a public records request to get her file. Bossard says Amber was searching for answers, “How DSHS had a chance to take her out of a severely abusive home and didn’t?”
 
To Amber’s attorneys’ surprise, even though DSHS said it had released all the records, pertinent documents were left out of Amber’s file. Things like an audio file from an interview she did with police, chronicling the abuse.
 
Attorney David Moody then in turn filed another lawsuit, saying DSHS violated the Public Records Act by with-holding those documents. 
 
Pierce County Superior Court Judge Frederick Fleming said, “In this court’s judgment, this was an unbelievable obstruction of justice.” Fleming ordered the state to pay $650,000. It's the largest amount of penalties imposed for this violation in state history.
 
Moody says, "This was the most stinging rebuke of state government and open records the state has ever seen.”  Moody says he gave the state multiple opportunities to settle this for $75,000 and multiple times was turned down. “The Attorney General’s Office could have saved taxpayers of this state hundreds of thousands of dollars by simply admitting their errors and moving on.”
 
Assistant Attorney General John Clark says DSHS will appeal immediately. 
 
Amber’s civil lawsuit against DSHS for failing to protect her goes to court in May. Her father David Wright was convicted of child molestation, served almost three years and is now out of prison. Amber says at first, she was afraid to go on camera but says it’s worth it if she can inspire kids being abused to get help.

Print
Email
Share

To add a comment, please register or login.

1000 characters remaining

Submit

We welcome your comments on this story's topic. Off-topic comments, personal attacks, and inappropriate language may be flagged and removed, and comment privileges blocked, per our Terms of Service. Thanks for keeping the comments space respectful.

Privacy Policy

You have indicated this comment should be removed.

Close

The comment has been submitted for review. Thank you .

Comments: Displaying 1 - 15 of 47

misskandy said on November 23, 2011 at 1:04 PM

People that are saying she needs to sue her father I have one question for you. If you were in her shoes and the state failed you, what would you do?

77398444
Flag this comment

William_Stewcf8 said on November 21, 2011 at 2:30 AM

Glad i dont live in Washington State anymore seems to me this State as a whole needs to get its act together when it comes do DSHS Workers not doing there jobs just like the Cops up in Washington State who are out of control if yall quite complaining move out of wa state would be funny if that place in wa turned into a ghost town one day lol.

77262697
Flag this comment

realitychk said on November 20, 2011 at 8:08 PM

McCtown87, it should NEVER be about stealing tax payer dollars to enrich individuals. It should be about personal responsibility of the employees or their management/policies/procedures. Unjust enrichment is all about greed. There is no other reason for excessive awards from PUBLIC money. (That is theft from taxpayers). This is not private enterprise, this is theft of public funds. Stealing taxpayer money to give it to one person, er, two, (can't forget the attorney), does nothing other than unjustly reward an individual. You tell me how giving my money to someone hurts that department? How does that foment change? You can tell I'm NOT a politician or government employee because I am upset about my tax dollars being wasted. Politicians and state employees are already on the taxpayer teat so don't care about taxpayer dollars being wasted. Yeah, it's about greed..attorneys, individuals and the overpaid public "employees". Want change? FIRE THEM don't waste our money.

77255396
Flag this comment

McCtown87 said on November 20, 2011 at 7:46 PM

realitychk your name doesn't suit you. You sound like an overpaid politician. You have no idea what your talking about. Greed has nothing to do with this case. This particular part of this case is about taxpaying citizens being treated fairly according to the law. It's about those in power not abusing it on people they think are not worth the time or effort. It's about you having the right to look at PUBLIC RECORDS. It's about YOUR rights along with everyone else in Wa. State. If we can't count on state agencies to follow state laws then who can we count on? Sometimes a lawsuit is the only way to be heard. It's not like they are suing over coffee being too hot at McDonald's. These are all too real issues that need to be dealt with.

77254687
Flag this comment

realitychk said on November 20, 2011 at 7:18 PM

She should be suing David Wright. The taxpayers do not owe Amber Wright anything. Not one DIME. fightingback mom's responses tell us all we need to hear. Amber and/or her "adoptive" mother want money. That is all it is about. Anytime an attorney gets involved and he or she wants to make their 1/3 or more they go after who has best chance of a big lotto payoff. Must be the "deep pockets" theory of lawyerdom. So for some reason this group of people (attorney and clients)believe that the taxpayers have money to overpay someone for something that someone else did. It's amazing how whacked out this society has gotten. Rather than making the responsible party responsible, the money free-for-all brought upon us by attorneys shifts financial responsibility to taxpayers? And they are worried that she won't get her payday for two years. Greedy greedy greedy. And of course, there's the civil trial coming up. Greedy greedy greedy. I hope the state wins the appeal. Enough of rewarding greed.

77253698
Flag this comment

E-town said on November 20, 2011 at 3:13 PM

Mr. Shapely, the attorney went on TV to explain to the general public doesn't understand about these cases, it's something that is important to understand when a judgment like this is entered. DSHS was given multiple opportunities to accept the mistake and move on. Guess they are probably rethinking that one now ! One thing that people don't understand is an AAG IS ONLY AS GOOD AS THE CLIENT AGENCY IT REPRESENTS! Your agency, didn't do it's job-the tax payers pay their wages, and now they get to pay for a JOB THAT WASN'T DONE RIGHT. The AG's are the defendant's lawyers not the client -it's up to the client agency to decide to appeal. And note to self-it's one thing to be a lawyer-they know how to speak and what not to say and when (usually), you on the other hand could probably use some good Public Records training-seems to me the whole agency could. At least they are keeping their AG's in a job and appeals-here is another chance they could cut their losses but nope-so round 2

77245964
Flag this comment

fightingbackmom said on November 20, 2011 at 1:33 PM

According to the ag, Appeal everything. I am also unclear on what grounds.What I do know is by the time they are done with this in another year or so, they will have spent more on their attorney fees then what the verdict was. Also ask yourselves this. Since Amber won this verdict and they are appealing it she does not see anything, right? Are governor is talking about how this has to come out of their budget right? So were is the money going since Amber is not getting it for a long time?A interest bearing account maybe? So by the time she does see this money two years from now that 650,000 has probably accrued just as much or more then that. Who gets this interest? The state does, so really they have made money off this verdict and lost nothing. Great system we have Right.

77242939
Flag this comment

slappywag said on November 20, 2011 at 12:47 PM

Appeal on what grounds?

77241217
Flag this comment

nwcitizen said on November 20, 2011 at 11:10 AM

“The Attorney General’s Office could have saved taxpayers of this state hundreds of thousands of dollars by simply admitting their errors and moving on.” Hmmm... Perhaps the AG was too busy running for Governor to attend to this.

77238262
Flag this comment

fightingbackmom said on November 20, 2011 at 10:34 AM

Mr.Shapely I would like to respond to your comment. The Wright Att's took this case to the media so the public could become aware of how are state is wasting our money. I think that was made very clear in there interview. Also to answer some of your Questions. First the money that was awarded goes to Amber. Not the county or any other agency. But keep in mind the state says they will appeal it takes a year for the court to even hear an appeal then maybe another year for decision. She will be lucky to see any of that money.Hers and our justice did not come from her getting money it came from the judge giving our voice (the little people)back that we will not stand for our government to do what ever they want. That is what is important here.

77237317
Flag this comment

livinglife said on November 20, 2011 at 10:07 AM

the only thing that bothers me is its the tax payers money paying that 650,000. Not hurting DSHS any, just hurting tax payers. I am sure we will see another increase in taxes because of this. Not saying the judgment isn't fair, just saying that its the tax payers shelling out the money.

77236479
Flag this comment

machinehead said on November 20, 2011 at 8:55 AM

In filing a claim with L&I a couple of years ago, I did everything asked of me by L&I. I was sent to a doctor's appointment where, after confirming the appointment and getting there, the office was closed, no lights on. I called my caseworker at L&I to tell her of the problem. I was told she had already talked to those people and I didn't show. But she made the mistake of telling the attorney that I DID show but just walked around! What a crock! Within a week, after writing a lengthy letter, I had a new caseworker and a new appointment. This is the kind of fraud that needs to stop. I know I couldn't be the only one this was done to. It's normal practice for some caseworkers. The attorney is the other problem. Not the attorney's themselves, but the fact that you MUST hire an attorney to get anywhere. Otherwise it takes years to get results.

77233998
Flag this comment

savvydude2003 said on November 19, 2011 at 11:22 PM

I think carpenter' comments are very valid. I am not clear at all where this 650,000 dollars will go once paid out. To another government agency? Our hard earned tax dollars in motion

77221592
Flag this comment

emptynestr said on November 19, 2011 at 11:10 PM

Well said cjvseattle. I agree with you 100%. Couldn't have said it any better. Fire the employees who refused to do their job correctly as they certainly would be if they were in the private sector.

77221416
Flag this comment

thomasdshs1 said on November 19, 2011 at 11:04 PM

Etown finds it "a little disturbing that you are throwing all that info out there while an appeal is imminent." Are you not disturbed that it was the plaintiff's attorney wh went to the media to "throw out" his side? We should all watch to see if KING's coverage of the outcome of the appeal will be as intensive as it's coverage of the plaintiff's allegations.

77221329
Flag this comment

scoty said on November 19, 2011 at 9:04 PM

Yes, YES show the taxpayers a lesson by making the DSHS pay with taxpayer money this fine, I am sure heads are gonna roll, wait... I forgot this is the state, most likely the people involved will get promotions. As a taxpayer I am outraged, I want to see state employees held CRIMANALLY LIABLE and spend time in prison.

77218957
Flag this comment

cjvseattle said on November 19, 2011 at 7:04 PM

Something is seriously wrong with this picture...employees of DSHS blatantly violated the law and the only ones that are penalized for this are the tax payers! I am disgusted. I agree with all those who feel there should be consequences for those that chose to break the law and withhold the records. Has anyone been demoted or lost their job? Those of us that work in the private sector would most certainly be looking for employment elsewhere had we done something similar. There is no personal accountability within DSHS.They are free to lie and abuse their power all with the sanction of our government. WHY SHOULD YOU AND I HAVE TO PAY FOR THEIR MISTAKES AND NEGLIGENCE? As a further slap in the face, we will now have to pay for an appeal! This agency is OUT OF CONTROL!

77215684
Flag this comment

vickdichselbst said on November 19, 2011 at 4:27 PM

Why don't we go after the Dept. of Labor and Industries while we are at it? They do this sort of fraud all the time.They mysteriously loose medical records that support your claim, drag you through 3 appeals stretching over 4 years, hoping you will give up and drop your claim, then "magically" find the missing records when they come before a judge. I have had medical professionals personally tell me this is SOP for L&I, not just my own case. Then they put you in DSHS hands.....

77210798
Flag this comment

iowaboy said on November 19, 2011 at 3:17 PM

Well, it is a county judge, so probably the county will get it. (someday) What a waste.

77208526
Flag this comment

carpenter said on November 19, 2011 at 2:40 PM

So where does the 650 k go to? Can anyone answer that?

77207579
Flag this comment

bfailing21667331 said on November 19, 2011 at 12:47 PM

Johnn Clark don't waste any more of our money on appeal. In a few weeks your department will be cut by 20% hopefully you are on the chopping block. Also give back your cell phone.

77204074
Flag this comment

McCtown87 said on November 19, 2011 at 11:55 AM

Some of you people are missing the point. The state withheld public documents, that is against the law. Instead of admitting fault and taking a $75k plea deal they opted to go this far only to recieve a judgement of 650k. And now they are going to cost more taxpayers money by appealing. Really makes sense. The great thing about this part of the lawsuit is that this is for all of us. Why does the state or any part of our government think they are above our laws? And why are you people backing them up? The people of this state should be irate but they should be aiming it at our state agencies and government not the citizens that are paying the price for thier neglegence. You see there is an actual fund that the state has set aside for these lawsuits...LOL That speaks volumes for how much faith our government has in itsself. And don't worry Amber will probably never see a dime, appeals will take care of that. Ask how much that costs and how much they have spent already.

77202359
Flag this comment

foaks9 said on November 19, 2011 at 11:48 AM

How about going after the state employees at DSHS who made the decision to withhold documents? There should be some consequences for this. What type of pattern do we see here? The agency is fined- the employees keep their jobs-taxpayers pay the fine, and it all continues without a blip on the screen.

77202111
Flag this comment

think said on November 19, 2011 at 11:47 AM

We NEED personal accountability and responsibility in governmental agencies, and the positions within the agencies. The people either elected, appointed or hired into these agencies must laugh everyday at what they can get away with without fear of being held personally accountable. We need to make it a crime punishable with personal fines and/or imprisonment if we are EVER truly serious about preventing govermental agency abuse and waste. If they don't like the accountability aspect of the postion, they don't have to take the job. This should apply to all governmental positions.

77202088
Flag this comment

intrepid1 said on November 19, 2011 at 10:45 AM

The penalty should include the managers and those above them in DSHS who made the decision to redact or pull items from the file being fired. Won't happen, though. What's needed in times when issue like this arise is for those in positions of decision-making to be removed from their positions. Usually, what happens is the buck gets passed and some staffer who was doing the job they were told to do gets the blame while those who are truly responsible, the managers, directors and other "leaders" continue on as before.

77199977
Flag this comment

comiccon2010 said on November 19, 2011 at 10:35 AM

they waste that daily they could care less, especially when the taxpayers have to pay it

77199711
Flag this comment

hewhoo said on November 19, 2011 at 10:18 AM

Second organization in a week to get nailed for trying to hide public records..Seattle Police and now DSHS. And neither case has gotten to the underlying lawsuit issues that both were trying to hide. Maybe the attorneys who are advising these governmental organizations need to do some remedial reading of Supreme Court case law. They are really costing us taxpayers some money by playing the insurance company style game.

77199151
Flag this comment

E-town said on November 19, 2011 at 10:18 AM

Athe end of the day this is about accountability and forcing your state agencies to do the best job that they can protecting the public that pays them! Shouldn't everyone have to be accountable in our jobs? Isn't lack of it part of whats is messed up w/ society? Unfortunately money is the only way that the state has to say "sorry I screwed up-big" the damages are relative to what the Judge ruled that the state violated. PRA is something that all the agencies are having to deal with and they are getting better at it-but at a price. Procedures for these types of cases are just being really established, Just for this reason! I bet DSHS will bet better about complying with the PRA! Let's hope they learn from their mistakes. The facts in this case are ugly, Mr. Shapely you should know that, and while I can appreciate your breakdown but I think it's a little disturbing that you are throwing all that info out there while an appeal is imminent. Bet your AAG is impressed.

77199152
Flag this comment

thomasdshs1 said on November 19, 2011 at 8:46 AM

As KING was told, all three disputed records were provided prior to the lawsuit being filed, and this lawsuit did not result in the production of any additional records. The court granted the request to double the plaintiff’s attorney’s fees, which, if upheld, would result in attorney fees up to $1,000 an hour. The court’s awards of a penalty of $287,800 and attorney fees and costs of $362,096 are excessive. The dispute in this case is over just three records that the plaintiff’s attorney claimed were provided late in response to a series of public records requests in 2007 and 2008, during which the Department did provide more than 5,600 pages of records as requested. The Department did not intentionally withhold any records and this lawsuit was not filed until after the three disputed records were provided. Two of the disputed records raised in the lawsuit were not even included in the original public records requests. Thomas Shapley Department of Social and Health Services

77195912
Flag this comment

puyallup_leon078 said on November 19, 2011 at 8:26 AM

DSHS has been doing this for years... Want some free money? Just ask for a copy of your case file. By law they have 10 days to provide the requested records or a written reason why you don't have the files. Damages range from $5 to $100 per day for every day they are late. If I made that costly of a mistake at work I would be fired. The same needs to be true of state employees.

77195196
Flag this comment

freedomfrank said on November 19, 2011 at 8:14 AM

How does this deter future dealings with DSHS, start firing people, having DSHS fork over tax money won't do anything.

77194744
Flag this comment

rationalthought said on November 19, 2011 at 8:14 AM

There is no question her experience is terrible and tragic, but I am sorry, it is not the responsibility of government to protect people from people in these matters. The idea that her only recourse was to seek help from DSHS is ludicrous.This sad affair also is a reminder that DSHS is an inexcusable waste of taxpayer money and illustrates the consequences of assuming the state should play protector and guardian. And do I need to remind anyone that the judgement money ultimately comes from you and me?

77194723
Flag this comment

davesea said on November 19, 2011 at 8:01 AM

So who gets the $650,000? Ans. half to the lawyer, half to Amber. Who looses? The taxpayers. Fire the bonehead state employee who caused this mess. As taxpayers we're fed-up with incompetent state employees and their unions.

77194174
Flag this comment

spacedover said on November 19, 2011 at 7:58 AM

Get rid of the agency for the Liberals. It is far to expensive to keep afloat and there is no bang for the buck. Save the tax payers grief and a lot of money. Top item to be cut on the deficit reduction list.

77194081
Flag this comment

southlakeunion said on November 19, 2011 at 7:53 AM

Hey Gregoire - while YOU want to save Boeing, your State goes down in flames. Nice strategy.

77193931
Flag this comment

Mytake said on November 19, 2011 at 7:44 AM

Hey Jackwong, this is another classic example of why big gubmint is the WRONG attitude. Look how many PRIVATE JOBS could of been had!

77193707
Flag this comment

maynerdgkrebbs said on November 19, 2011 at 6:34 AM

This is typical DSHS ! Hoping people don't push for what they legally are entitled to. I have a request it. First it was denied,I appealed. A supervisor now is reviewing. I pointed out on the appeal the statute stating I was entitled to this request. Congratulations to you for not walking away. Stay strong.

77191219
Flag this comment

nick22 said on November 19, 2011 at 6:10 AM

This agency really sucks they cost the state more money and provide little to no benefit that I can see. They are always involved in lawsuits. Hello Chris you need to fire some of the people in charge there along with the head of WSDOT.

77190431
Flag this comment

NWFreeman said on November 19, 2011 at 5:33 AM

So the "state" suffers a "stinging rebuke" yet WE have to pay for it. This doesn't send a message unless the INDIVIDUALS responsible for the errors pay. Those workers should be fired, and if appropriate, charged with criminal negligence, obstruction etc. The INDIVIDUALS who made those decisions should pay not the state.

77189312
Flag this comment

javajoe said on November 19, 2011 at 12:44 AM

And the voter's of Washington just impowered DSHS further with Initiative Measure 1163 Concerning long-term care workers and services for elderly and disabled people. What's stupid about that?

77185087
Flag this comment

rnl52 said on November 18, 2011 at 11:37 PM

@bazwest...for once, I agree with you.

77184364
Flag this comment

misskandy said on November 18, 2011 at 10:52 PM

I think that if the state had a chance to protect her and didn't than they are liable. Part of our tax dollars are supposed to go to protecting the children in our state, not ignore them. And don't forget the state turned down a deal for less money and they refused it. Don't take it out on amber.

77183764
Flag this comment

catsbow52 said on November 18, 2011 at 10:30 PM

So the state is going to spend more of our taxpayer money trying to get out of this? Why can't they just admit they lied and withheld evidence and move on?

77183462
Flag this comment

realitychk said on November 18, 2011 at 10:13 PM

So, guess who pays this money? (And "but wait; there's more!" A civil suit to follow?) It would be different if the state actually produced something and had money to give away to people who felt wronged. Which programs does this money come from? Amber Wright should decide since she's after money. Education? Welfare? Her payout shouldn't come out of taxpayer dollars, that is stealing from the people who work. Just garnish the salaries of those in charge of the DSHS at the time this was on-going. A civil suit should be disallowed because that is unjust enrichment. If taxpayers are to be held liable by everyone who feels they weren't protected, we should just get rid of the waste of money that DSHS is. Then this person would perhaps just have her father to be mad at rather than blaming everyone but him. Sue your father Amber. He was the jerk who made you miserable. Suing the taxpayers is a low way to get rich. And the lesson is to do away with DSHS

77183257
Flag this comment

seakey said on November 18, 2011 at 10:02 PM

Let's all remember whose money will be paying this fine. Yours and mine, brothers and sisters. And let's also remember that the AG who didn't do his job is running for governor.

77183118
Flag this comment

jonjuan said on November 18, 2011 at 9:59 PM

DSHS needs a 100% reduction in management and a 75% reduction in their work force they suck.

77183066
Flag this comment

bazwest said on November 18, 2011 at 9:51 PM

This is the way big government treats it's citizens. They are all about preserving their little kingdoms even when people get hurt. I hope the judgment sticks.

77182857
Flag this comment