On February 8th, Stewart Estes, Andy Cooley and Kimberly Waldbaum of the Seattle firm, Keating Bucklin and McCormack received a complete defense verdict after a Federal Class Action lawsuit that began on January 8th. 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 alleged a massive civil rights violation following police use of pepper spray in response to a night club fight. The representative plaintiffs sought damages of over $30 million, plus punitive damages, and sought compensatory damages for the hundreds of class members as well. The case began as a routine police response to a fight in progress call. Officers from the City of Pullman responded and observed a group of 15-20 males involved in a brawl. The fight happened Saturday night after the first Washington State University home football game , and involved numerous members of rival fraternities. The Pullman officers discharged Oleoresin Capsicum or "pepper spray" onto the fighters. Fumes were carried upstairs into a nightclub by the ventilation system. Plaintiffs claimed that the use of pepper spray was excessive force, and negligent. They alleged the police were motivated by racial animus, since all of the people fighting were African-American. Plaintiffs also sought injunctive relief, requiring certain training and policy changes in the department. The US District Court in Spokane allowed all federal claims to go to the jury. These included claims of excessive force , Due Process violations, and race discrimination. The jury was out a day and one-half before returning a defense verdict on all claims. It is believed that this is the largest civil rights class action case to go to verdict is U.S. history.
Richard Jolley and Brock Gavery represented the City of Kent and two individual police officers in a 42 U.S.C. section 1983 lawsuit in federal court. Dickinson v. City of Kent et al, USDC WD WA, January 2008. Plaintiff claimed the officers used excessive force when deploying a canine to extract a non-compliant felon from a stolen vehicle. After a 4 day trial before Judge Lasnik, the jury ruled in favor of the Defendants.
Michael Walter was recently named a Washington Super Lawyer for 2007. Only 5 percent of the lawyers in the state are named Super Lawyers. This is the third time Mr. Walter has been named a Washington Super Lawyer by Law & Politics magazine.
Michael Walter and Jeremy Culumber recently won a summary judgment dismissing a hotly contested land use lawsuit on behalf of the City of Bainbridge Island. The case was brought by owners of two waterfront properties that had their existing vehicular access blocked due to a series of landslides. The property owners sought millions of dollars in damages and compensation under theories of negligence, nuisance, trespass and Takings in violation of the State and Federal Constitutions. The case raised a number of unique theories of liability, and hotly contested facts and interpretations of law. The summary judgment was granted by Kitsap County Superior Court Judge Jay Roof in August, 2007, and survived a motion for reconsideration by the Plaintiff property owners. The Plaintiffs appealed the dismissal of the case, and the appeal is pending in Div. II of the State Court of Appeals. Fame Developers and Hulett v. City of Bainbridge Island, cause no. 05-2-01001-2.
Michael Walter was successful in having a land use damages case against the City of Bainbridge Island and an individually named City employee dismissed by the Plaintiffs after advising the Plaintiffs’ and their attorneys that a motion for summary judgment and a motion for sanctions were going to be filed if the case was not promptly dismissed. The damages case involved claims of State and Federal Constitutional violations, State statutory violations, and Federal civil rights claims based on code enforcement actions that the City took regarding allegedly unpermitted dock construction and other waterfront activities. A separate land use petition act case is proceeding in Kitsap County Superior Court. Morgan v. City of Bainbridge Island, U.S.D.C. cause no. 07-05663 BHS.
Andy Cooley: The Business of Sports - 2008 CLE - Speaking regarding Title IX and Liability and Risk Management Issues relating to Sex Discrimination in Sports on March 17, 2008 at Foster Pepper PLLC.
Michael Walter: June 5, 2008: Land Use Law and case law updates -- WCIA City Attorney Seminar, Bellevue WA.
Cooley, Andrew and Steven Thorsrud, “Police Pursuits: the rest of the story”, Guest Editorial, The Seattle Times, September 21, 2006
Cooley, Andrew, and Brock Gavery. "Police Pursuits and High Speed Driving Lawsuits: Lessons Learned From Actual Litigation." The Police Chief (International Association of Chiefs of Police) October, 2006: 26 - 35.
