Wash. Supreme Court published opinion — 1012055.pdf

Citation: Wash. Supreme Court published opinion — 1012055.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/1012055.pdf ↗

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declarations provide a contrary picture as to those respondents as well. For example,

the Francises claim their landlord evicted them because Rivard and Rivas threatened

her with a $1,000 fine if she did not. Guizar claims Rivard told her to move out of

her house in three days. Santos Nuño claims Sparks, Glossen, and Rivas told her

she had two days to leave her home. Taken in the light most favorable to the State,

these accounts of the respondents’ actions would support the State’s claim that they

improperly enforced the CFRHP by directing evictions without proper notice and

process. Additionally, Chagolla recalls that Escalera said Rivas was in charge of the

CFRHP and he could not do anything about it, which could support the State’s claim

that Escalera failed to supervise Rivas and the enforcement of the CFRHP. This

evidence is sufficient at least to create genuine disputes of material fact as to whether

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside et al.
No. 101205-5

the individual respondents engaged in unlawful conduct in violation of a clearly

established right.

Respondents are not entitled to summary judgment on the basis of qualified

immunity. “Denial of qualified immunity is not a finding of liability, but simply a

delegation of that question to the trier of fact.” Staats, 139 Wn.2d at 772. On this

record, there are genuine disputes of material fact and the respondents are not

entitled to qualified immunity as a matter of law.

III. Municipal Liability

A municipality may be held liable under § 1983 “when execution of a

government’s policy or custom, whether made by its lawmakers or by those whose