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Estate of Lee v. City of Spokane6/15/2000
107 S. Ct. 3034, 97 L. Ed. 2d 523 (1987). The whole point of qualified immunity is to provide protection from the necessity of defending the suit in the first place. 'Because qualified immunity entitles a government official to immunity from suit rather than a mere defense to liability, it is essential that 'insubstantial claims' be resolved as quickly as possible.' Orwick v. Fox, 65 Wn. App. 71, 83-84, 828 P.2d 12 (1992). Entitlement to qualified immunity may be established, and was established here, as a matter of law. Robinson v. City of Seattle, 119 Wn.2d 34, 65, 830 P.2d 318 (1992).
By the plaintiffs' own account, Mr. Lee pointed a gun at Officer Langford and Ms. Lee after threatening to shoot them. This is first degree assault, a felony. RCW 9A.36.011.
It is a complete defense to any action for damages for wrongful death that the person killed was engaged at the time in the commission of a felony and that the felony was a proximate cause of death. RCW 4.24.420.
HOLDING
In sum, our disposition is to:
(1) affirm the summary dismissal of the 42 U.S.C. sec. 1983 claims;
(2) affirm summary dismissal of the RCW 4.20.046 and 4.20.060 (survival) claims;
(3) reverse the denial of summary judgment of the RCW 4.20.010 and 4.20.020 (wrongful death) claims;
(4) affirm the summary dismissal of the outrage claim; and
(5) reverse the denial of summary judgment on the negligent infliction of emotional distress claim.
Sweeney, J.
WE CONCUR:
Kurtz, C.J.
Kato, J.
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