Constitutional and Civil Rights Law

Estate of Jaramillo through Hernandez v. City of Spokane, 24-5937, 2025 WL 3678508, at *3 (9th Cir. 2025) (Fed.R.Civ.P 12(c) motion: Fourteenth and Fourth Amendment and negligence claims against officers alleging unlawful restraint death of suicidal man rolling around in traffic);

Landry v. Thomas, 23-35238, 2023 WL 10948358 (9th Cir. July 11, 2023) (appeal of dismissal of claim that inmate suffered stroke in city jail due to officers ignoring his serious medical needs);

Beveridge v. City of Spokane, 2021 WL 3082003, at *2 (9th Cir. 2021) (Court of Appeals affirmed Rule 12(c) dismissal of lawsuit by bounty hunters against police department who arrested and charged them with assault of bailee, holding in part that Brady does not apply to plea bargains and plaintiffs who plead guilty have no Fourteenth Amendment claims; Heck v. Humphrey barred some Civil Rights Act claims; and one who pleads guilty cannot sue for malicious prosecution);

Family of Butts v. Constantine, 198 Wn.2d 27, 491 P.3d 132 (2021) (police challenge to authority of County Executive to conduct inquests into fatal officer involved shootings under the Coroner’s Act);

Medvedeva v. City of Kirkland, Washington, 720 Fed. Appx. 384 (9th Cir. 2018) (Ninth Circuit affirmed defense verdict for police officers in case that alleged they violated the constitutional rights of a mentally ill woman. The court held that that the officers had probable cause to enter her apartment without a warrant and arrest the plaintiff for obstruction, and did not use excessive force in so doing, and that the officers did not arrest the plaintiff for expressing her First Amendment rights. The court also affirmed the trial court’s jury instructions on the Americans with Disabilities Act);

Lewis v. English, 739 Fed. Appx. 458 (9th Cir. 2019) (court affirmed the dismissal of constitutional and state law tort claims brought against the Seattle School District by protestors who had occupied a school building on the basis of res judicata);

Wright v. Pierce County, 189 Wn. App. 1047 (2015) (court affirmed dismissal of Black school principal’s suit alleging negligent training, negligent retention, outrage, malicious prosecution and abuse of process, defamation for his prosecution for rape, claiming prosecutors destroyed evidence and falsely swore to facts, defamed him in the media, and that detectives used suggestive interview techniques. The court held that the Deputy Prosecutors had absolute immunity and the detectives’ actions, even if improper did not cause any harm because the chain of causation was broken by the prosecutor's independent decision to charge);

Wright v. Pierce County, C11-5154 BHS, 2013 WL 4522463, (W.D. Wash. Aug. 27, 2013) (dismissing analogous federal law claims and remanding state law claims to above court).

Watson v. City of Bonney Lake, 506 Fed. Appx. 555, 558 (9th Cir. 2013) (officers not entitled to qualified immunity on either claim if plaintiff’s factual account is accepted. Defense verdict on remand).

Campbell v. State of Washington Dep't of Soc. & Health Servs., 671 F.3d 837, 839 (9th Cir. 2011), cert. denied, 568 U.S. 883 (2012) (holding that Defendant caregivers had no constitutionally required duty of care towards woman who drowned in their care because (1) there was no special relationship between woman and the state and (2) there was no state-created danger).

Torres v. Wilkinson, 610 F.3d 546 (9th Cir. 2010) (holding as a matter of law that police officer who shot and killed fleeing suspect did not violate his constitutional rights regarding excessive force);

Des Moines Marina Assn v. City of Des Moines, 124 Wn.App. 282, 100 P.3d 310 (2004), review denied, 154 Wn.2d 1018, 113 P.3d 1040 (2005) (Imposition of higher moorage rates on non-resident tenants of marina does not violate Equal Protection clause; no standing by association to sue on behalf of tenants; and City has statutory authority to charge market rates for moorage);

Benjamin v. Washington State Bar Assn., 138 W.2d 506, 978 P.2d 742 (1999) (implied right of action under free speech clause of Washington Constitution);

Edgar v. City of Tacoma, 129 Wn.2d 621, 919 P.2d 1236 (1996) (right to jury trial and the 1993 amendments to the Tort Reform Act);

Patrice v. Murphy, 136 Wn. 2d 845, 966 P.2d 1271 (1998) (legislative bill title requirements of Washington Const., Art. II, Section 19; and, interpreters for deaf suspects in police investigations);

Bankruptcy Estate of Hansen v. City of Kent, 81 Wn. App. 270, 914 P.2d 127, review denied, 130 Wn. 2d 1008 (1996) (res judicata and collateral estoppel in Civil Rights Act case, and proximate cause for judge's erroneous issuance of search warrant);

Ochsner v. Board of Trustees of Community College Dist. No. 17, 61 Wn. App. 772, 811 P.2d 985 (1991) (breach of educational contract by arbitrary & capricious assignment of a failing grade).

 Tort Law

Gerlach v. Cove Apartments, LLC, 97325-3, 2020 WL 5048574 (Wash. Aug. 27, 2020) (interpreting the intoxication affirmative defense);

Beltran-Serrano v. City of Tacoma, 193 Wn.2d 537, 540, 442 P.3d 608, 609 (2019) (holding that the fact that an officer’s conduct may constitute assault and battery does not preclude a negligence claim premised on her alleged failure to use ordinary care to avoid unreasonably escalating the encounter to the use of deadly force);

Husted v. State, 187 Wn. App. 579, 590, 348 P.3d 776, 781, review denied, 184 Wash.2d 1011 (2015) (concluding that where an offender absconds from supervision and a warrant is issued for his or her arrest, the requisite continuing relationship no longer exists and the duties associated with the take charge relationship are terminated unless and until the person is apprehended. Accordingly, the State had no duty to control the offender’s behavior);

Jones v. City of Seattle, 179 Wn.2d 322, 327, 314 P.3d 380, 382 (2013), as corrected (Feb. 5, 2014) (finding that the trial court erred in excluding testimony by the late-disclosed witnesses, but such error was harmless);

Collings v. City First Mortgage Servs., LLC, 177 Wn. App. 908, 923, 317 P.3d 1047, 1055 (2013), review denied, 179 Wash.2d 1028 (2014) (trial court did not abuse its discretion by denying defendant a new trial based on the lack of disclosure of the plaintiff’s Mary Carter agreement);

Worthington v. City of Bremerton, 176 Wn. App. 1035 (2013) (medical marijuana patient’s claims for negligence, conversion, trespass to land, nuisance for seizure of plaints are barred by the statute of limitations despite allegations of fraudulent concealment of facts by drug task force);

Barton v. State, Dep't of Transp., 178 Wn.2d 193, 199, 308 P.3d 597, 601 (2013) (plaintiff’s concealment of “Mary Carter” covenant not to execute did not warrant a new trial, only sanctions for plaintiff’s counsel);

Lowman v. Wilbur, 178 Wn.2d 165, 171, 309 P.3d 387, 391 (2013) (holding that if vehicle passenger’s injuries were in fact caused by the placement of the utility pole too close to the roadway, then they cannot be deemed too remote for purposes of legal causation);

M.R.B. v. Puyallup School District., 169 Wn. App. 837, 839–40, 282 P.3d 1124, 1126 (2012) (affirming defense verdict and summary judgment in suit based on high school's student newspaper publishing an issue featuring articles on oral sex and quoting students, claiming invasion of privacy, negligent hiring and supervision, negligence, and outrage);

Todd v. City of Auburn, 425 Fed. Appx. 613, 615 (9th Cir. 2011) (affirming dismissal of class action of citizens fined by multiple cities’ automated red lights or school speed zones cameras, arguing that the fines they received for these infractions exceed limits set by statute and that payment provisions in the cities' contracts with the camera companies violate statutory restrictions on the form of compensation).

Fisk v. City of Kirkland, 164 Wn.2d 891, 194 P.3d 984 (2008) (public duty doctrine case prevents city liability for negligent maintenance of water supply system);

Stiefel v City of Kent, 132 Wn. App. 523; 132 P.3d 1111 (2005) (public duty doctrine case prevents city liability for negligent maintenance of water supply system);

Joyce v. State; 155 Wn. 2d 306, 119 P.2d 825 (2005)(negligent parole supervision suit; agency policies do not establish duties);

Tegman v. Accidental and Medical Investigations, 150 Wn.2d 102; 75 P.3d 497 (2004) (segregating damages between negligent and intentional tortfeasors);

Kloepfel v. Boker, 149 Wn.2d 192, 66 P.3d 630 (2003) (elements of the tort of outrage);

Estate of Lowry v. City of Auburn, 111 Wn. App. 1026 (2002) (under the “Fireman’s Rule,” or assumption of risk, an officer who allowed an armed man to leave scene despite his assaultive behavior is not liable to a SWAT officer in a different jurisdiction who was killed entering the man’s house to arrest him);

Cox v. Spangler; 141 Wn.2d 431, 5 P.3d 1265 (2000) (burden of segregating indivisible injury in successive tort-feasor case, and collateral source rule);

Hiner v. Bridgestone/Firestone, Inc., 138 Wn. 2d 248, 978 P.2d 505 (1999) (application of Tort Reform Act comparative fault to Product Liability Act);

Welch v. Southland Corp., 134 Wn. 2d 629, 952 P.2d 162 (1998) (apportionment of fault to an intentional tortfeasor under Tort Reform);

Savage v. State of Washington, 127 Wn.2d 434, 899 P.2d 1270 (1995) (qualified immunity for public employees and employers);

Samuelson v. Community College District No. 2, 75 Wn. App. 340 877 P.2d 734 (1994), review denied, 125 Wn. 2d 1023 (1995) (discovery rule exception to statute of limitations, and duty of oversight agency to inform professors of retirement plans);

Anderson v. City of Seattle, 123 Wn.2d 847, 873 P.2d 489 (1994) (joint and several liability with a bankrupt defendant under Tort Reform Act of 1986);

Noakes v. City of Seattle, 77 Wn.App. 694, 895 P.2d 842, review denied, 127 Wn.2d 1021 (1995) (public duty doctrine and 911 dispatches);

 Public Records Act

Nissen v. Pierce County, 183 Wn.2d 863, 869, 357 P.3d 45, 49 (2015) (case of first impression considering whether the PRA applies when a public employee uses a private cell phone to conduct government business, and creating a process for an employee to search their private electronic records and determine if anything they wrote within the scope of their employment and relating to the conduct of government, and if not to submit a declaration to their employer stating the records are private).

 Wrongful Death

Philippides v. Bernard, 151 Wn.2d 376, 88 P.3d 939 (2004) (non-financially dependent parents precluded from suit for wrongful death of adult child);

 Disability & Discrimination Law

Hill v. BCTI Income Fund-1, 144 Wn 2d 172, 23 P.2d 440 (2001) (Age, race and disability discrimination suit analyzing the pretext-plus standard; no medically necessary asthma accommodation required; and age was not a substantial factor in decision to terminate plaintiff);

Patrice v. Murphy, 43 F.Supp. 2d 1156 (W.D. Wash. 1999) (application of the ADA to the arrest and interrogation of a deaf criminal suspect);

Newlun v. Dept. of Retirement Systems, 53 Wn. App. 809, 770 P.2d 809, review denied, 113 Wn. 2d 1014 (1989) (LEOFF Act: jurisdiction; and, psychiatric disability for undercover narcotics detective using drugs);

 Child Sex Abuse

CJC v. Corporation of The Catholic Bishop, 138 Wn. 2d 699, 985 P.2d 262 1999)(application of the statute of limitations in a childhood sexual abuse case against a third-party non-perpetrator);

E.R.B. v. Church of God, 89 Wn App.670, 950 p.2d 29 (1998), reversed, 138 Wn 2d 699, 985 P.2d 262 (1999) (same);

 Land Use

Spring Spectrum, L.P., v. City of Medina, 924 F.Supp. 1036 (W.D. Wash. 1996) (lawfulness of cell tower moratorium under new Telecommunications Act. First published decision in U.S. under TCA);

Brutsche v. City of Kent, 78 Wn. App. 370, 898 P.2d 319, review denied, 128 Wn. 2d 1003 (1995) (statute of limitations for challenge to municipal land use decisions);

 Highway Design

Ruff v. King County, 125 Wn.2d 697, 887 P.2d 886 (1995) (scope of County's duty to update roadways and discretionary immunity);

McCluskey v. Handorff-Sherman and State of Washington, 125 Wn.2d 1, 882 P.2d 157 (1994) (discretionary immunity for highway design decisions by government agencies).

 Unpublished Opinions

 Stew has sixteen unpublished cases. In all of them, the trial court's dismissal on summary judgment was affirmed on appeal.