Mark Peterson v. City of Yakima et al.
U.S. District Court for the Eastern District of Washington, Cause No. 1:18-CV-2136-TOR
Defense verdict at jury trial. Plaintiff is a business owner in Yakima, Washington, who filed suit against the City of Yakima, the former City Manager, a former Deputy Fire Chief, and a fire code inspector, alleging First Amendment retaliation based on his opposition to a downtown construction plan against the former City Manager and the City, as well as state law claims for civil conspiracy and malicious prosecution, against the three individual defendants.
Van Hicks v. Klickitat County Sheriff’s Office et al.
Court of Appeals for the Washington State, Division Two, Case No. 55014-8-II, consolidated with No. 55554-9-II and No. 55654-5-II
Court of Appeals affirmed our motion for summary judgment in a published decision. Case involving a negligent investigation claim against the Klickitat County Sheriff’s Office and the Department of Social and Health Services (DSHS). Summary judgment was granted by the Clark County trial court. After the Washington State Supreme Court denied direct review, Plaintiff’s appeal was transferred to Division Two. After oral argument, the Court affirmed dismissal of the negligent investigation claim and reversed the trial court’s denial of DSHS’s motion for summary judgment on a negligent retention claim.
Mark Peterson v. City of Yakima et al.
U.S. District Court for the Eastern District of Washington, Cause No. 1:18-CV-2136-TOR
Court Granted Qualified Immunity to City Employees. Plaintiff is a business owner in Yakima, Washington, who filed suit against the City of Yakima, the former City Manager, a former Deputy Fire Chief, and a fire code inspector, alleging First Amendment retaliation based on his opposition to a downtown construction plan. The Court granted defendants’ motion for partial summary judgment, dismissing the First Amendment retaliation claims and granting those individual defendants qualified immunity.
Tony Palas v. City of Tacoma Police Department, et. al.
Pierce County Superior Court, Cause No. 21-2-06606-4
Court granted our motion for summary judgment. Plaintiff was injured after a car crash that occurred during a police pursuit of a different individual. Plaintiff sued the City and two individual officers alleging negligence, gross negligence, infliction of emotional distress, and outrage. The Court granted our motion for summary judgment and dismissed both the police officers named as individual defendants.
Patrick Eslick v. Grant County, et. al.
U.S. District Court for the Eastern District of Washington, Cause No. 2:21-CV-0282-TOR
Court granted our Rule 12(b)(6) motion to dismiss. Plaintiff was arrested for DUI and his vehicle was impounded at the time of arrest. The impound was upheld in a hearing before a Grant County district court commissioner. Plaintiff then filed suit against our clients, Grant County and the Commissioner, for: (1) conspiracy to violate his civil rights under 42 U.S.C. § 1985, (2) failure to train, (3) negligent infliction of emotional distress, and (4) intentional infliction of emotional distress. The Court dismissed all Plaintiff’s claims against our clients with prejudice finding the Commissioner was entitled to judicial immunity, and Grant County was entitled to quasi-judicial immunity.
Steven Tojek v. City of Blaine, et al.
U.S. District Court for the Western District of Washington at Tacoma, Cause No. 2:21-cv-00426-DGE
Court granted our Rule 12(b)(6) motion to dismiss. Plaintiff whose vehicle was impounded after a traffic stop brought federal and state claims for wrongful seizure, wrongful arrest, and malicious prosecution against our clients, the City of Blaine and three Blaine police officers. The Court dismissed Plaintiff’s wrongful seizure and wrongful arrest claims with prejudice finding the claims were time-barred or waived. Plaintiff’s malicious prosecution claim was dismissed with leave to amend. Rather than amend, Plaintiff stipulated to dismissal with prejudice.
Armen Beeman v. City of Sedro-Woolley
U.S. District Court for the Western District of Washington at Seattle, Cause No. 19-cv-00924-RSM
Court granted our motion for summary judgment dismissal. Plaintiff, a former US Border Patrol agent, brought federal and state law claims for false arrest, malicious prosecution, conspiracy, and negligence arising from Sedro-Woolley police officers’ traffic stop of a vehicle in which the plaintiff was a passenger. Plaintiff was arrested for obstructing officers’ efforts to investigate the driver for DUI. The Court dismissed all claims, holding that plaintiff’s claims were time-barred and there was probable cause to arrest the plaintiff.
ERIC T. JENSEN V. YAMAHA MOTORSPORTS OF OLYMPIA, ET AL.
King County Superior Court, Cause No. 19-2-15438-1 SEA
Court granted our motion for summary judgment dismissal. Plaintiff who was paralyzed from accident while operating a side-by-side ATV brought claims for negligence and violations of the Washington Product Liability Act and Washington Consumer Protection Act against our client, a Yamaha dealership and repair shop. The Court found there was no evidence to support any of plaintiff’s claims against our client and dismissed all claims.
MARGARITA HERNANDEZ V. FEDERAL WAY, ET AL.
USDC Western District of Washington at Seattle, Cause No. 2:18-cv-01473-BJR
Court granted our motion for summary judgment dismissal. Personal Representative of decedent’s estate brought Fourth Amendment claims for unreasonable seizure and excessive force, as well as state law claims, related to an officer-involved shooting. Decedent had threatened his family members, prompting them to call 911. After officers evacuated family from the dwelling, decedent refused commands to surrender and threatened the officers with knives. The court determined the officers’ use of deadly force was reasonable as a matter of law and dismissed all claims.
SMITH V. EVERETT POLICE DEPARTMENT
King County Superior Court, Cause No. 19-2-29214-8 SEA
Court granted our Rule 12(b)(6) motion to dismiss with prejudice.
Plaintiff brought claims against the Everett Police Department for allegedly unlawful conduct arising out of events that occurred in 2005 and 2008.
KOEHLER AND MOORE V. SEATTLE ET AL.
Court of Appeals for the State of Washington, Division One, Cause No. 78819-1-I
Court of Appeals affirmed our motion for CR 11 sanctions. In the underlying lawsuit arising from an officer-involved shooting, plaintiffs’ counsel filed a motion that the trial court determined was not well grounded in fact or existing law and lacked good faith arguments. Further, counsel provided the motion to the media before serving the defendants. The trial court issued CR 11 sanctions and counsel appealed. The Court of Appeals held that the underlying motion was meritless, upholding the sanctions order.
THURSTON MYERS V. SERGEANT THOMAS BROOKS, ET AL.
USDC Western District at Seattle, Cause No. 2:18-cv-01403-RAJ
Court granted our motion for summary judgment dismissal. Plaintiff brought Fourth and Fourteenth Amendment claims arising from his arrest and the seizure of an illegal marijuana grow at his residence. Plaintiff claimed his medical marijuana license permitted him to grow in excess of 250 plants in a “collective garden,” and that Lynnwood officers wrongfully searched his residence, seized his grow materials and plants, and unlawfully arrested him. The court dismissed all claims.
USDC Western District of Washington at Seattle, Cause No. 18-cv-01737-JCC
Court granted our motion for summary judgment dismissal. An individual brought various constitutional claims and state law claims against the Seattle Police Department. Plaintiff sought to recover damages arising from an interaction with a Seattle Police officer.
King County Superior Court, Cause No. 17-2-23731-1 SEA
Court granted our motion for summary judgment dismissal. Personal Representative brought negligence claim against two Seattle Police Officers and the City of Seattle. Plaintiffs sought to recover damages arising from an officer-involved shooting. Decedent attacked the officers in her apartment while armed with knives concealed in her jacket pockets.
USDC Western District of Washington at Seattle, Cause No. 17-cv-00946-JCC
Court granted our motion for summary judgment dismissal. Student at Glacier Peak High School sued the School District and its Superintendent, a Vice Principal, and a School Security Monitor alleging violations of his Fourth, Fifth, and Fourteenth Amendment rights when his car was searched and he was suspended for bringing drug paraphernalia and a BB gun to school. The plaintiff also argued that he did not receive a fair administrative review of his school discipline.
King County Superior Court, Cause No. 16-2-27532-0 SEA
Court granted our motion for summary judgment dismissal. Plaintiff brought a negligence claim against a non-profit corporation, which provides housing to vulnerable community members in need, for its placement of a formerly homeless individual in an apartment complex. Plaintiff sought to recover for injuries incurred as a result of a criminal arson by third parties.
USDC Western District of Washington at Tacoma, Cause No. 15-cv-00387-TSZ
Defense verdict at jury trial. Case involved negligence and negligent misrepresentation claims against aircraft maintenance facility for work done by the mechanics at the facility during a Phase 5 inspection of a privately-owned Cessna Citation airplane.
USDC Western District of Washington, Cause No. 17-cv-00473-JCC-JPD
Court granted our Rule 12(b)(6) motion to dismiss. Case involving alleged civil rights violations arising out of plaintiff’s arrest after he was found carrying controlled substances and a semi-automatic firearm on the streets of downtown Seattle.
USDC Eastern District of Washington, Cause No. 1:17-cv-03063-RMP
Court granted our Rule 12(b)(6) motion to dismiss. Plaintiff brought claims against a Yakima judge and police officer for alleged civil rights violations arising from a DUI arrest.
USDC Western District of Washington, Cause No. 15-cv-1155
Court granted our motion for summary judgment dismissal. Plaintiffs brought First, Fourth, and Fourteenth Amendment claims against the City of Seattle and a number of its officers, alleging officers injured them with less lethal blast ball grenades while dispersing violent crowd during the May Day 2015 anarchist march.
King County Superior Court, Cause No. 16-2-30616-1 KNT
Court granted our motion for summary judgment dismissal. Class action lawsuit seeking to invalidate a school crosswalk speed zone and recover fines paid by thousands of speeding motorists.
USDC Western District of Washington, Cause No. 2:17-cv-01095-JCC
Court granted our Rule 12(b)(6) motion to dismiss with prejudice. Plaintiff brought claims against the City of Seattle alleging civil rights violations based on a Seattle police officer’s alleged refusal to assist her when she reported an alleged attack at a friend’s apartment.
King County Superior Court, Cause No. 15-2-14568-1
Defense verdict at bench trial. Legal malpractice case involving claims arising from a prior legal malpractice case which concluded with a defense verdict after a two-week jury trial.
King County District Court, Cause No. 417IQ2811
Favorable jury findings of fact. Inquest arising from an officer involved shooting in Federal Way, Washington. The decedent was armed with knives.
