Colombo v. Washington Department of Natural Resources, 3:24-cv-05887

Sixteen former employees of the Washington Department of Natural Resources (WDNR) challenged the state's COVID-19 vaccine mandate, which required state employees to be fully vaccinated or face termination, with exceptions for religious and medical accommodations under anti-discrimination laws.
Most plaintiffs applied for and received religious exemptions but were denied specific accommodations, resulting in their termination; two plaintiffs did not seek exemptions.
Plaintiffs allege that the state and its agencies orchestrated a coordinated scheme to terminate employees with religious objections to the vaccine mandate and failed to provide meaningful accommodation or procedural due process.
The Department had a collective bargaining agreement (CBA) with the union representing plaintiffs, outlining a process for review and accommodation, including notice and an opportunity to respond prior to termination.
Plaintiffs brought claims under the U.S. Constitution (Equal Protection, Free Exercise, Due Process, Contracts Clause), the Washington Constitution, and the Washington Law Against Discrimination (WLAD).
Defendants moved to dismiss under Federal Rule of Civil Procedure 12(b), arguing sovereign immunity, failure to state a claim, and qualified immunity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
WDNR suability under § 1983	WDNR is not an agent of the state for § 1983 purposes.	WDNR is a state agent, not a "person" under § 1983, thus immune.	WDNR not suable under § 1983; claims dismissed without prejudice.
Official capacity claims against Franz	Claims valid for injunctive and monetary relief.	State officials in official capacity immune from damages under § 1983.	Dismissed with prejudice; sovereign immunity applies.
Qualified immunity for Franz	State actions violated clearly established constitutional rights.	No clearly established law prohibits actions taken; Tandon/Roman Catholic Diocese distinguishable.	Qualified immunity granted; claims dismissed with prejudice.
Procedural due process/Loudermill	Plaintiffs denied required pre-termination hearing under Loudermill.	Notice under vaccine mandate satisfied due process; CBA process followed.	No right to additional hearing; claim dismissed with prejudice.
Supplemental state law jurisdiction	Federal claims anchor state claims in court.	Dismissal of federal claims removes basis for supplemental jurisdiction.	Declined supplemental jurisdiction; state claims dismissed without prejudice.

Will v. Michigan Dep't of State Police, 491 U.S. 58 (state agencies not persons for § 1983 claims)
Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity doctrine for government officials)
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard required for plausible claim)
Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (minimum procedural due process for public employee terminations)
Ashcroft v. al-Kidd, 563 U.S. 731 (qualified immunity requires clearly established law at the time of conduct)
Arizonans for Off. Eng. v. Arizona, 520 U.S. 43 (official capacity immunity for state officers under § 1983)