Trial Court Cases

Police Defense

Stew has defended over 100 police officers accused of 1) excessive force through firearms, impact weapons, OC spray, and handcuffs; 2) improper vehicular pursuit; 3) false arrest; 4) malicious prosecution; 5) wrongful warrant application; and 6) wrongful seizure of property. He has handled numerous Coroner's Inquests involved officers who have employed deadly force. He obtained a rare victory in the Ninth Circuit, with the Court of Appeals reversing the District Court's refusal to dismiss the case on summary judgment in a fatal police shooting case.

For 10 years, Stew worked to design and implement a statewide program for police officers in the area of Crisis Intervention Team (CIT) training for dealing with the mentally ill. He served on the Governor's CIT Training Steering Committee, which created a pilot program, and has been a presenter at the Criminal Justice training Commission on the topic.

In 2007, Stew won a defense verdict after a five week federal court Class Action jury trial. This case is believed to be the largest civil rights class action case to go to verdict in U.S. history. The suit was brought by over 160 named plaintiffs representing a class of up to 800 Washington State University students and faculty members. The plaintiffs sought damages of over $30 million, plus punitive damages, and compensatory damages for the hundreds of class members as well. The mostly African-American Plaintiffs claimed that the use of Oleoresin Capsicum (pepper spray) by City of Pullman police officers to break up a violent night club brawl among WSU football players and others constituted excessive force, Due Process violations, negligence and was motivated by racial animus. The jury rejected all claims.

Stew aggressively defends his clients in court and in the media:

"Lakewood says attorneys for unarmed man killed by police are lying about what witnesses saw," News Tribune,

http://www.thenewstribune.com/news/local/article211199069.html

Discrimination Cases

Sexual Harassment: Defended police commanders, public works officials, and private business managers accused of sexual or racial harassment and discrimination. Cases have been dismissed on motion, or settled for minor amounts.

Private Workplace Investigator: Defended claims of improper investigation made by Western State Hospital risk manager who was fired after client's investigation into years of his alleged sexual assault and abuse of female employees. Case dismissed on summary judgment. Successfully sued business insurance broker for failure to obtain proper insurance coverage.

Arrest of Deaf Suspect: Defended federal court lawsuit against Police Department accused of wrongfully arresting deaf female domestic violence suspect. A state statute declared that the officers' actions were unlawful because they had failed to obtain an ASL interpreter to read her Miranda rights or to interview her, and it was alleged that the ADA was violated as well. We first had the case certified to the Washington Supreme Court who invalidated the statute as unconstitutional. Next, on remand we obtained dismissal of the ADA claims relieving the officers of all liability.

Sexual Abuse and Assault Cases

Stew has defended over 50 lawsuits brought against employers, licensors, supervising agencies, and spouses accused of negligence in sexual abuse and assault suits. Example clients and cases include:

Department of Corrections: Negligent supervision of Level 3 sex offenders.

Department of Children Youth and Families: Negligent investigation of child sexual and physical abuse.

Churches and Religious Orders: Defended these organizations on claims that pastors or nuns sexually abused children.

Group Homes: Defended the "OK Boys Ranch" lawsuits involving almost 50 claims of sexual and physical abuse by staff, other boys, and community members.

Foster Parent defense: Defended allegations of physical "shaken baby syndrome" and sexual abuse.

Individuals: Defended wives accused of negligently allowing their husbands to sexually abuse children.

 Public Records Act

Stew has provided day to day advice and defended lawsuits involving the Public Records Act. In 2002, he obtained the first known injunction against a citizen for his abuse of the PRA, and an assessment of sanctions. He represented an elected prosecutor, through trial proceedings and the Supreme Court, whose private-device messages were requested by deputy sheriff under the PRA.

Government Operations

Stew has advised and defended 100’s of state agencies and officials through any number of issues, from the refusal to issue a parade permit, to the arrest of a Court Clerk for on-the-job intoxication. He has attended numerous city council executive sessions and advised officials on termination and discipline.