BURTON v. LEHMAN

No. 74731-8.

103 P.3d 1230 (2005)

Lonnie BURTON; Gordon Lebar; James Bringham; and Michael Holmberg, individually and on behalf of a class of similarly situated individuals, Petitioners, v. Joseph LEHMAN and Jane Doe, Lehman, husband and wife; Doug Waddington and Jane Doe Waddington, husband and wife; Maggie Miller-Stout and John Doe Miller-Stout, husband and wife; Kathy Kaatz and John Doe Kaatz, husband and wife; Richard Morgan and Jane Doe Morgan, husband and wife; Patricia Gorman and John Doe Gorman, husband and wife; Carol Porter and John Doe Porter; and John Does and Jane Does 1 Through 20, Respondents.

Supreme Court of Washington, En Banc.

Decided January 13, 2005.


Attorney(s) appearing for the Case

Michael John Rasch, Thomas Juhl, Seattle, for Petitioners.

Douglas Wayne Carr, Olympia, for Respondents.


OWENS, J.

Petitioners Lonnie Burton and three other inmates (Burton) filed suit against the Department of Corrections (DOC), the DOC secretary, and several DOC superintendents claiming that DOC Policy 440.000 violates RCW 72.02.045. RCW 72.02.045(3) states that "[w]hen convicted persons are released from the confines of the institution either on parole, transfer, or discharge, all ... valuable personal property in the possession of the superintendent belonging to...

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