Wash. Court of Appeals published opinion — 309941.cor.pdf

Citation: Wash. Court of Appeals published opinion — 309941.cor.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/309941.cor.pdf ↗

Related Parts of This Source

Full Text

1,737 chars

abandoned it. The United States District Court Judge Whaley ruled that the FMLA claim

failed because it was premised on proof that Dr. Gondo's work release also took into

consideration Brownfield's psychological condition. Because Dr. Gondo only evaluated

Brownfield's physical condition, Yakima had no duty to return him to work when he

needed clearance by a mental health professional.

Finally, Judge Whaley dismissed the WLAD and negligence claims without

prejudice. Because no federal claims remained, the judge declined to exercise

supplemental jurisdiction over these two state law claims.

Jeff Brownfield appealed the United States District Court's summary judgment

order to the Ninth Circuit. See generally Brownfield v. City of Yakima, 612 F.3d 1140

(9th Cir. 2010). The Ninth Circuit's published decision affirmed every aspect of the

summary judgment order. Id.

While his appeal of the federal claims was pending, Jeff Brownfield filed this suit

in Yakima County Superior Court. His complaint alleges four causes of action: (1)

16
              

No.30994-1-III
Brownfieldv. City ofYakima

violation ofRCW 42.41.040 (whistleblower retaliation), (2) wrongful discharge in

violation of public policy, (3) negligent hiring, supervision, and retention of Chief

Samuel Granato, and (4) violation of the WLAD, RCW 49.60.180.

The trial court granted the city of Yakima's summary judgment motion. The

lower court ruled that the city of Yakima was exempt from a whistleblower suit under

RCW 42.41.050, since the city of Yakima had its own whistleblower policy. The trial

court dismissed the wrongful discharge claim, because Brownfield could not meet the