John Doe G And John Doe H v. Donna Zink
75519-6
| Wash. Ct. App. | Jun 12, 2017Background
- Zink requested records from the Washington DOC under PRA, narrowed to level I sex offender notices for last names A–D.
- DOC released identifying information for 4,488 individuals, including names, DOB, SSN, addresses, and crimes.
- Two registered sex offenders filed a class action against DOC and Zink, seeking to prevent disclosure and for declaratory relief.
- Court granted use of pseudonyms John Doe G and John Doe H with protective order; defined the class of level I offenders A–D.
- Court issued a preliminary injunction barring DOC from releasing records pending further order; stayed the case pending Doe v. WSP decision.
- After Doe was decided, DOC moved to lift the stay and dismiss; Zink moved to unseal, which the court denied; the case stayed pending Doe outcome was resolved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal moot after Doe v. Washington State Patrol? | Zink is entitled to records identifying plaintiffs; appeal not moot. | Doe controls; records must be released; mootness applies. | Yes; appeal dismissed as moot. |
Key Cases Cited
- Doe v. Washington State Patrol, 185 Wn.2d 363 (2016) (reversed trial court; level I offender info not exempt from PRA; mootness discussed)
- State v. Deskins, 180 Wn.2d 68 (2014) (jurisdictional mootness considerations; when to dismiss)
- Seattle Times Co. v. Ishikawa, 97 Wn.2d 30 (1982) (public disclosure balancing under PRA; pseudonym use)
- Mitchell v. Wash. Inst. of Pub. Policy, 153 Wn. App. 803 (2009) (fee-shifting provisions; prevailing party rule)
