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Suarez v. Newquist8/5/1993
t page 834, the majority states: "There is no factual basis for the allegation that Officer Newquist arrested Mr. Gomez." But Officer Newquist admits he briefly detained Mr. Gomez in the course of an investigatory stop. In doing so, he exercised authority which the plaintiffs in this action contended was beyond the scope of his jurisdiction as a tribal police officer. Given the ambiguities in RCW 10.93, I do not believe the trial court abused its discretion when it held the plaintiffs' argument presented a debatable issue, even though it had previously decided this question of law against them.
The other basis for the majority's award of sanctions is the plaintiffs' attorney's misuse of the affidavit of prejudice. But, as the trial court observed, no delay resulted therefrom because the court rejected the affidavit. In these circumstances,
I do not think it was an abuse of discretion for the trial court to refuse to sanction the attorney.
Accordingly, I would affirm both the trial court's summary dismissal of plaintiffs' action and its denial of defendant's motion for sanctions.
General Footnotes
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