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WHATCOM COUNTY v. STATE

No. 43618-0-I.

993 P.2d 273 (2000)

99 Wash.App. 237

WHATCOM COUNTY, a municipality; and David Graham, Respondents, v. STATE of Washington, a sovereign state; Christine O. Gregoire, Attorney General of Washington, Appellants, Nowell Smith, as Personal Representative of the Estate of Michelle E. Smith, deceased, Defendants.

Court of Appeals of Washington, Division 1.

January 31, 2000.

Attorney(s) appearing for the Case

Catherine Hendricks, Assistant Attorney Gen., Seattle, for Appellants.

John C. Belcher, Belcher, Swanson, Lackey, Doran, Lewis & Robertson, Randall Watts, Whatcom County Prosecuting Attorney Office, Bellingham, for Respondents.

BAKER, J.

Whatcom County Deputy Prosecuting Attorney David Graham was sued for negligence and violation of civil rights pursuant to 42 U.S.C. § 1983. The Washington State Attorney General rejected Graham's request for a state-funded defense. Graham and Whatcom County brought this action against the State, seeking a declaratory judgment ordering the Attorney General to defend Graham and ordering the State to indemnify him. The trial court granted summary judgment...

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