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Whatcom County v. State1/31/2000
- Whatcom County Deputy Prosecuting Attorney David Graham was sued for negligence and violation of civil rights pursuant to 42 U.S.C. sec. 1983. The Washington State Attorney General rejected Graham's request for a state-funded defense. Graham and Whatcom County brought this action against the State, seeking a declaratory judgment ordering the Attorney General to defend Graham and ordering the State to indemnify him. The trial court granted summary judgment to the County, and the State appeals. Because Graham was acting for the State under the facts and circumstances of this case, we affirm.
I.
Lloyd J. Monroe was charged with three misdemeanors and one felony involving violations of a protection order obtained by Michelle S. Smith. The misdemeanor charges were resolved at a district court hearing at which the State was represented by Whatcom County Deputy Prosecuting Attorney David Graham, but the felony had been filed in superior court and a $20,000 bail had been set pending trial. As a result, Monroe would have been eligible for release based on the district court proceedings, but not the felony charge still pending in superior court. When queried, Graham advised Jim Weisenburger, a Whatcom County corrections officer, that Monroe could be released from custody. Monroe was released from the Whatcom County Jail despite the pending felony charge. Three days after his release, Monroe murdered Michelle Smith. The estate of Michelle Smith filed a wrongful death suit against Whatcom County and its deputy prosecutor Graham, alleging negligence as well as violation of Michelle Smith's civil rights pursuant to 42 U.S.C. sec. 1983.
The Whatcom County Prosecutor tendered Graham's defense to the Attorney General pursuant to RCW 4.92.060 and 4.92.070 on the grounds that Graham was acting on behalf of the State of Washington, not the County, when he advised Weisenburger that Monroe could be released. The Attorney General refused, however, arguing that Graham was a county employee. Graham and the County then sought a declaratory judgment ordering the Attorney General to defend Graham and ordering the State to indemnify Graham in the damage suit pursuant to RCW 4.92.060, .070, .075 , and .130 . The parties filed cross-motions for summary judgment. The court found that Graham acted for the State, not the County, and that his purported actions were within the scope of his official duties. The court ordered the Attorney General to defend Graham, pay any necessary expenses of his defense, and pay any judgment entered against him. The State appeals.
II.
On review of a motion for summary judgment, the standard of review is de novo, and the appellate court engages in the same inquiry as the trial court. Summary judgment is appropriate if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
As a preliminary matter, the State argues that Whatcom County lacks standing to bring this declaratory judgment action because it has no rights that could be affected by RCW 4.92.060. But if the State does not defend and indemnify Graham, the County will be forced to do so. Under the Uniform Declaratory Judgments Act, "{a} person . . . whose rights, status or other legal relations are affected by a statute . . . may have determined any question of construction or validity arising under the . . . statute . . . and obtain a declaration of rights . . . thereunder." The County's interest is sufficient to confer standing.
The State also contends without reference to any supporting authority that Graham lacks standing because he seeks indemnification solely for the benefit of Wh
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