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Suarez v. Newquist8/5/1993
Anita Suarez appeals the summary judgment dismissal of her wrongful death claim against Yakima Indian Nation police officer Robert Newquist. Mr. Newquist cross-appeals the court's refusal to award him attorney fees for defending a frivolous lawsuit and denial of his motion for CR 11 sanctions. We affirm the summary judgment and remand for imposition of sanctions.
In August 1988, Robert Newquist was employed as a Yakima Indian Nation tribal police officer, charged with enforcement of tribal laws within the boundaries of the Yakima Indian Nation Reservation. At about midnight on August 18/19, while traveling north on Highway 97 in a marked police vehicle, he came upon a northbound vehicle driving under the posted speed limit and crossing back and forth over the center line. He turned on his overhead lights and pulled the vehicle over to investigate.
Officer Newquist discovered the driver was an adult male, not a tribal member, who spoke broken English and appeared to be quite intoxicated. The sole passenger also
appeared to be intoxicated. Officer Newquist concluded neither occupant of the car was in any condition to drive safely. He learned from them that they were on their way to Wapato, about 3 miles away, and told them he would take them there. The driver indicated he wanted to call his brother from the Jackpot Market, so Officer Newquist gave the men a ride to the market, a distance of 2 1/2 to 3 miles. He let them out near the pay telephone so they could call for a ride and warned them not to drive their car.
Officer Newquist then proceeded north on Highway 97 and very shortly thereafter arrested a tribal member, who was walking on the highway, for being drunk in public. He placed the arrestee in the back of his patrol car, then drove south on Highway 97 to take his prisoner to jail. As he entered the intersection of Highway 97 and South Wapato Road, where the Jackpot Market is located, a man ran directly in front of his car. Officer Newquist was unable to stop or avoid hitting the man, who turned out to be Nemesio Gomez, the intoxicated driver he had let out at the market a short time earlier. Mr. Gomez died from the impact.
Early in 1990 Anita Suarez, representing herself as the widow of Mr. Gomez and mother of his four children, filed a civil rights suit in the United States District Court for the Eastern District of Washington. In March 1990 a United States magistrate provided plaintiff's counsel with a written statement of the complaint's deficiencies and prohibited service on the named defendants until the complaint was amended to include sufficient facts to establish federal jurisdiction. In November 1990 Ms. Suarez filed an amended federal complaint alleging six causes of action against the Yakima Indian Nation, the tribal police chief and Officer Newquist, based primarily on Officer Newquist's failure to arrest Mr. Gomez.
On January 18, 1991, Ms. Suarez filed a wrongful death suit in Yakima County Superior Court individually and on behalf of Mr. Gomez' estate and his children against the Yakima Indian Nation, its police department and chief of police, Officer Newquist, and Does 1 through 100. The complaint alleged Officer Newquist assumed a duty to protect Mr. Gomez when he took him into police custody, breached that duty by failing to either arrest Mr. Gomez or have him arrested by other authorities, and was thus negligent. It further alleged all law enforcement officers have a statutory duty to arrest individuals who are driving while intoxicated, Officer Newquist breached that duty by failing to arrest Mr. Gomez and was thus negligent per se.
On August 2, 1991, the United States
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