258 P.3d 60
Wash. Ct. App.2011Background
- April 20, 2007 ex-wife JoAnn Youker reports to Douglas County Sheriff's Office about a crime by Jason Youker and potential firearm possession by a felon.
- Deputies rely on ex-wife's statements and fail to access Tonasket address; consent to search is obtained from Youker's ex-wife at Nancy Street residence.
- A rifle and ammunition are found under a bed; deputies prepare arrest and probable cause materials; ex-wife later arrested on a no-contact order violation.
- Youker is arrested for felon in possession of a firearm; minor children corroborate ownership of rifle the next day.
- April 23, 2007 initial appearance; prosecutor files information against Youker; charges dismissed August 6, 2007 due to federal prosecution.
- Youker sues Douglas County and Deputies White and Black in 2009; trial court grants summary judgment, venue is transferred to Douglas County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue against county and officers | Chelan County proper under RCW 36.01.050; officers' actions require Douglas County per RCW 4.12.020. | Proper venue for officers is Douglas County; county claims can be in Chelan or Douglas; transfer appropriate. | Chelan transfer proper; dismissal/transfer to Douglas for officers; county claim venue not improper |
| Malicious prosecution elements | Prosecution commenced without full and fair disclosure of material facts; malice alleged from improper motive. | Probable cause existed; disclosure to prosecutor was complete in good faith; chain of causation intact via intervening acts. | Probable cause established as matter of law; no genuine malice; dismissal affirmed |
| Malice and lack of probable cause | Disclosures to prosecutor were incomplete, creating malice and improper initiation. | Full and fair disclosure occurred; no evidence of malice beyond lack of probable cause. | Malice not shown; dismissal affirmed |
| False arrest and false imprisonment | Arrest outside legal basis due to no probable cause; officers improperly obtained warrant. | Probable cause based on information provided; qualified immunity applies; superseding cause by prosecutor. | Probable cause for arrest; intervening prosecutorial decision breaks causation; dismissal affirmed |
| Invasion of privacy – damages | Unauthorized entry caused damages; search linked to privacy violation. | Damages not fully addressed; causation split between search and prosecutorial decision. | Partial reversal: invasion of privacy damages remanded for briefing and re-argument |
Key Cases Cited
- Bender v. City of Seattle, 99 Wash.2d 582 (1983) (probable cause in malicious prosecutions hinges on full and fair disclosure to prosecutor)
- Simmons v. Gardner, 46 Wash. 282 (1907) (public officers protected when grounds stated to proper officers with reasonable belief)
- Peasley v. Puget Sound Tug & Barge Co., 13 Wash.2d 485 (1942) (prima facie proof of lack of probable cause may be rebutted by defendant's evidence)
- Guffey v. State, 103 Wash.2d 144 (1984) (improper warrant information defeats immunity for false arrest/imprisonment)
- Tyner v. Dep't of Soc. & Health Servs., 141 Wash.2d 68 (2000) (causal nexus and proximate cause considerations in civil liability for police actions)
- Bishop v. Miche, 137 Wash.2d 518 (1999) (prosecutor's role and qualified immunity in false arrest/imprisonment context)