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Gausvik v. Abbey1/25/2005
JUDGES: Concurring: Marywave Van Deren Christine Quinn-Brintnall
PUBLISHED OPINION - Motion to publish granted February 23, 2005
Ralph Gausvik appeals from a summary judgment in favor of the Department of Social and Health Services and three social workers for their part in a child abuse investigation. Although Gausvik was convicted of criminal charges, the State dismissed all charges after Division Three of this court ordered a reference hearing based on his personal restraint petition.
We hold that the statute of limitation bars Gausvik's action for negligent investigation. In applying the statute of limitations, we hold that Gausvik's claim began in December 1995, when the court sentenced him for child rape and child molestation, not when his conviction was invalidated in June 2000. Even though he was incarcerated, RCW 4.16.190 only tolls the statute of limitations when he was imprisoned before sentencing, not while he is serving a sentence; it satisfies the rational basis test and is constitutional. Collateral estoppel also bars his claim because the federal court decided the statute of limitations claim and the constitutionality of RCW 4.16.190.
We also hold that Gausvik's cause of action for damages under 42 U.S.C. sec. 1983 fails because the decisions to arrest and prosecute him were not made by the DSHS workers but by the police and prosecutor and thus he failed to show proximate cause. Additionally, the DSHS social workers had qualified immunity. We affirm.
FACTS
A. Sexual Abuse Charges
On March 13, 1995, Donna Everett, a 10-year-old girl, told Wenatchee Police Detective Robert Perez and Child Protective Services (CPS) social workers Kate Carrow and Laurie Alexander that Gausvik and his girlfriend, Barbara Garaas, had sexually abused Donna and the couple's children, Travis, Troy, Delilah, and Christa Garaas.
Carrow consulted with her supervisor, Tim Abbey, and decided that because of the number of disclosures Donna made and the limited resources available to investigate, Carrow would not begin the investigation of the disclosures pertaining to Gausvik and Garaas until May.
Carrow began her investigation on May 30, 1995, by interviewing Delilah Garaas at her school. Detective Perez accompanied Carrow to the interview. At the time of the investigation, Delilah was seven years old.
The interviewers asked Delilah if any abuse happened at her home and Delilah stated, 'It never happened at our home. My mom touched no one.' 11 Clerk's Papers (CP) at 2060.
That same day, Detective Perez and Carrow went to the home of Garaas and Gausvik. Travis, then 14; Christa, then 4; and Barbara Garaas were home.
Carrow noted that the house was unclean and smelly and that the bathroom was particularly dirty. In her notes, Carrow detailed the filthy kitchen and unkempt nature of the house. Detective Perez and Carrow told Garaas about the interview with Delilah. Garaas denied any involvement in sexual abuse. Detective Perez then spoke with Travis and he denied any abuse.
Carrow offered Garaas and Gausvik the option of entering into a voluntary placement agreement (VPA) pending further investigation instead of having a dependency petition filed and having a shelter care hearing. Carrow noted in her notes the need for further investigation of the abuse allegations. She then completed a temporary custody notification form notifying Garaas and Gausvik that the Wenatchee Police Department took their children into custody and advising the parents of their due process rights.
The next day, Carrow met with Gausvik and Garaas to further discuss
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