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TYNER v. DSHS, CHILD PROTECTIVE SERV.

No. 67602-0.

1 P.3d 1148 (2000)

141 Wash.2d 68

L. David TYNER III, Petitioner, v. The STATE of Washington DEPARTMENT OF SOCIAL AND HEALTH SERVICES, CHILD PROTECTIVE SERVICES, a state government and its division and agency, Respondent, Indra Drake and John Doe Drake, husband and wife and the marital community composed thereof; Dennis Smith and Jane Doe Smith, husband and wife and the marital community composed thereof; and Susan Hyde and John Doe Hyde, husband and wife and the marital community composed thereof, Defendants.

Supreme Court of Washington, En Banc.

Decided June 15, 2000.

Attorney(s) appearing for the Case

Poole & Assoc., Jeffrey Gene Poole, Seattle, for Petitioner.

Richard Lawrence Martens, Seattle, for Defendants.

Christine O. Gregoire, Attorney General, Rene David Tomisser, Deputy, Michael E. Tardif, Asst., Olympia, for Respondent.

Bryan P. Harnetiaux, Debra L. Stephens, Spokane, for Amicus Curiae on Behalf of Washington State Trial Lawyers Association.

MADSEN, J.

This case arises from a Child Protective Services (CPS) investigation into allegations of parental child abuse leveled against Petitioner David Tyner, the father of two minor children. Tyner filed suit against the Department of Social and Health Services (DSHS and State) claiming that a negligent CPS investigation resulted in his four and one-half month separation from his children. The jury awarded Tyner $201,500...

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