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

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Frisino v. Seattle Sch. Dist. No.1, 160 Wn. App. 765, 779-80,249 P.3d 1044 (2011).

The record provides us no indication of leffBrownfield identifying any disability for the

city of Yakima or proposing any accommodation for the disability.

Brownfield complains about being transferred from the Community Services

Division to the Patrol Division, but the record shows that he was the one who asked for

the transfer, not because of any disability but because he wanted to avoid "the mouth of

the beast"-Lieutenant Mike Merryman. CP at 97. Ifwe were to address Brownfield's

No.30994-l-III
Brownfield v. City ofYakima

appeal of dismissal of the reasonable accommodation claim, we would desire analysis as

to whether an employer can be faulted for granting a transfer requested by the employee.

Issue V: Did the trial court err by granting summary judgment on the negligent

hiring and supervision claim, when the city of Yakima did not claim the actions of City

Manager Dick Zais or Police Chief Sam Granato were outside the scope of their

respective authority? No.

In his complaint, leffBrownfield alleges that Yakima negligently hired,

supervised and retained Police Chief Granato. On appeal, Brownfield twice denies that

his negligence allegation targeted Chief Granato, and instead declares that he actually

alleged city of Yakima negligently hired, supervised and retained its City Manager, Dick

Zais. Br. of Appellant at 26; Reply Br. of Appellant at 22. Brownfield cannot present a

theory for relief that he failed to set forth in his complaint as required by CR 8. Dewey at

26; Shields at 758. Accordingly, this issue does not merit review.