Personal Restraint Petition Of Dylan James Downey
81861-9
| Wash. Ct. App. | Nov 1, 2021Background:
- In 2020 Downey was incarcerated at Monroe Correctional Complex serving a sentence for vehicular assault.
- On September 14, 2020 he filed a personal restraint petition alleging DOC failed to test incoming inmates and lacked adequate COVID-19 safety protocols.
- He claimed violations of the Eighth Amendment/cruel and unusual punishment, the Washington Law Against Discrimination, and the Fourteenth Amendment, and sought immediate release.
- DOC responded on November 13, 2020 describing its COVID-19 response plans and policies.
- After filing, Downey was released from prison into community custody.
- Because he obtained the relief he sought, the Court of Appeals dismissed the petition as moot and declined to reach the merits.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of petition | Downey sought immediate release as relief for unconstitutional conditions | Downey was released to community custody, so court can no longer provide requested relief | Petition is moot and dismissed |
| Public‑interest exception to mootness | The COVID‑19 prison conditions present continuing substantial public interest warranting review | Existing Washington precedent already provides guidance; exception unnecessary | Declined to apply public‑interest exception; dismissal affirmed |
| Merits of constitutional/discrimination claims | Lack of testing and inadequate COVID protocols violated Eighth Amendment, WLAD, and Fourteenth Amendment | DOC presented its COVID response; court has existing decisions addressing similar claims | Court did not reach the merits due to mootness |
Key Cases Cited
- In re Detention of M.W., 185 Wn.2d 633 (2016) (framework for public‑interest exception to mootness)
- Colvin v. Inslee, 195 Wn.2d 879 (2020) (inmates failed to show DOC deliberate indifference to COVID‑19 risk)
- In re Personal Restraint of Cross, 99 Wn.2d 373 (1983) (case is moot if court can no longer provide effective relief)
- In re Personal Restraint of Pauley, 13 Wn. App. 2d 292 (2020) (conditions at MCC did not violate Eighth or Fourteenth Amendments)