CLARK COUNTY SHERIFF v. DSHS

No. 47407-9.

95 Wn.2d 445 (1981)

626 P.2d 6

CLARK COUNTY SHERIFF, Respondent, v. THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES, Appellant.

The Supreme Court of Washington, En Banc.

March 26, 1981.


Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Robert E. Mack and William C. Collins, Assistants, for appellant.

James E. Carty, Prosecuting Attorney, and Richard S. Lowry, Deputy, for respondent.

Norm Maleng and Robert I. Stier, on behalf of Washington Association of Prosecuting Attorneys, amici curiae.


ROSELLINI, J.

The Sheriff of Clark County brought this mandamus action to compel the Department of Social and Health Services to accept all convicted felons offered by the Sheriff for transfer to the reception center at Shelton.

In an affidavit resisting the order, the director of the adult corrections division declared that because of severe overcrowding at the reception center, the Department was unable to comply with RCW 72.13.090, which states that each...

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