KOENIG v. CITY OF DES MOINES

No. 75889-1.

142 P.3d 162 (2006)

David KOENIG, Respondent, v. CITY OF DES MOINES and Des Moines Police Department, Petitioners.

Supreme Court of Washington, En Banc.

Decided August 31, 2006.


Attorney(s) appearing for the Case

Linda Anne Marousek, City of Des Moines, Des Moines, David Nelson Bruce, Savitt & Bruce LLP, Seattle, for Petitioner/Appellants.

William John Crittenden, Elena Luisa Garella, Seattle, for Appellee/Respondent.

Douglas B. Klunder, Aaron Hugh Caplan, ACLU of Washington, Seattle, for Amicus Curiae ACLU of Washington.

Michael John Killeen, Eric B. Martin, Michele Lynn Earl-Hubbard, Davis Wright Tremaine LLP, Seattle, for Amicus Curiae Allied Daily Newspapers of Washington, Inc.

William Berggren Collins, Olympia, for Amicus Curiae Attorney General of Washington.

Michele Lynn Earl Hubbard, Davis Wright Tremaine LLP, Seattle, for Amicus Curiae Evergreen Freedom Foundation.

Sara Lyle Ainsworth, Northwest Women's Law Center, Seattle, Catherine Carroll, WA Coalition of Sexual Assault Programs, Olympia, for Amicus Curiae Northwest Womens Law Center.

Pamela Beth Loginsky, Washington Assoc. of Prosecuting Attorneys, Olympia, for Amicus Curiae Washington Association of Prosecuting Attorneys.

Michele Lynn Earl-Hubbard, Davis Wright Tremaine LLP, Seattle, for Amicus Curiae Washington Coalition for Open Government.

Michael John Killeen, Eric B. Martin, Michele Lynn Earl-Hubbard, Davis Wright Tremaine LLP, Seattle, for Amicus Curiae Washington Newspaper Publishers Ass'n.

Robert Gerard Beaumier, Jr., Office of the City Attorney, Spokane, Rocco Nicholas Treppiedi, Spokane City Attorney's Office, for Amicus Curiae Washington State Association of Municipal Attorneys.

Sara Lyle Ainsworth, Northwest Women's Law Center, Seattle, Catherine Carroll, WA Coalition of Sexual Assault Programs, Olympia, for Amicus Curiae Washington State Coalition of Sexual Assault Programs.


SANDERS, J.

¶ 1 The issue is whether the city of Des Moines and its police department (collectively the city) properly withheld the records regarding the sexual molestation of Jane Doe, a minor child, from her father, David Koenig. The plain and unambiguous language of former RCW 42.17.31901 (1992)1 exempts from disclosure only the specifically defined information identifying child victims of sexual assault. The details of the underlying...

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