Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf

Citation: Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2049631-3-II%20Published%20Order.pdf ↗

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Here, Carpenter’s declaration did not present relevant evidence. In the declaration,

Carpenter discussed a traffic stop in which he determined Billings did not violate a certain policy.

Whether Billings violated that specific policy in that incident was not relevant to the arguments at

summary judgment. In addition, Steilacoom did not terminate Billings because of his use of

excessive force. Rather, the arbitrator found that Billings violated the department policy against

unsatisfactory performance for his use of unsafe tactics in the stop, not for the use of force.

Accordingly, the declaration presented irrelevant evidence and the trial court did not abuse its

discretion by granting the motion to strike Carpenter’s declaration.

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49631-3-II

III. ATTORNEY FEES

Billings requests an award of attorney fees pursuant to RCW 49.60.030(2), 42 U.S.C.

§1988, and RAP 18.1.

RAP 18.1(a) provides that if “applicable law grants to a party the right to recover

reasonable attorney fees or expenses on review before either the Court of Appeals or Supreme

Court, the party must request the fees or expenses.” A request for appellate attorney fees requires

a party to include a separate section in her or his brief devoted to the request. RAP 18.1(b).

“Argument and citation to authority are required under the rule to advise the court of the

appropriate grounds for an award of attorney fees as costs.” Stiles v. Kearney, 168 Wn. App. 250,

267, 277 P.3d 9 (2012). Because Billings’s request for fees is unsupported by argument, we deny

his request.

We affirm.

A majority of the panel having determined that this opinion will not be printed in the