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McNABB v. DEPARTMENT OF CORRECTIONS

No. 77359-9.

180 P.3d 1257 (2008)

Charles R. McNABB, Petitioner v. DEPARTMENT OF CORRECTIONS, an agency of the state of Washington; Joseph D. Lehman, secretary of Department of Corrections, in his official capacity, Respondents.

Supreme Court of Washington, En Banc.

Decided April 10, 2008.

Attorney(s) appearing for the Case

Terri D. Sloyer, Attorney at Law, Breean Lawrence Beggs, Center for Justice, Spokane, WA, for Petitioner.

Mary Catherine McLachlan, Attorney Generals Office WA., Spokane, WA, Carol A. Murphy, Attorney General's Office, Olympia, WA, for Respondent.

FAIRHURST, J.

¶ 1 Charles R. McNabb seeks review of a published Court of Appeals decision affirming summary judgment in favor of the Department of Corrections (DOC). McNabb sued DOC and Joseph D. Lehman, secretary of DOC, in his official capacity (hereinafter collectively DOC), seeking to have DOC's force-feeding policy declared unconstitutional, illegal, and invalid as applied to him and to enjoin DOC from enforcing the policy. McNabb argues that he has a right...

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