Wash. Supreme Court published opinion — 1012055.pdf

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

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analysis turned on the elements of article III standing under Lujan and the additional

elements for parens patriae standing under Snapp. These doctrines apply to the

subject matter jurisdiction of federal courts and are not part of our analysis of the

Washington attorney general’s statutory authority to maintain actions in matters of

public concern. The respondents cannot assert issue preclusion here where the issues

are not identical. Hanson, 121 Wn.2d at 562. 14 Issue preclusion does not apply here.

14
Moreover, as explained above, this case involves matters of public concern. Applying
collateral estoppel here would work an injustice as it would prevent the attorney general from
pursuing these matters of public concern that were dismissed from federal court for reasons
27
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
State v. City of Sunnyside et al.
No. 101205-5

The respondents are not entitled to summary judgment on the basis that the

attorney general lacks authority to maintain this action under either their theory of

statutory interpretation or issue preclusion. We reverse.

II. Qualified Immunity

The individual respondents also argue they are entitled to qualified immunity

for the claim that alleges violations of procedural due process under the United States

Constitution and therefore summary judgment is proper at least as to the individual

respondents. 15 We disagree that summary judgment should be granted on this basis,

given the genuine disputes of material fact about whether the City’s police officers

forced tenants to leave their homes through extrajudicial evictions in violation of

clearly established law.

Section 1983 provides an avenue to redress injuries by the actions of the