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MOORE v. KING COUNTY FIRE PROTECTION DIST. NO. 26

No. 06-35948.

545 F.3d 761 (2008)

Kerry MOORE; Kellie Moore, and the marital community thereof, Plaintiffs-Appellants, v. KING COUNTY FIRE PROTECTION DISTRICT NO. 26; James D. Polhamus; David Lawrence; Jerry Harris; Gary Bollinger, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2008.

Attorney(s) appearing for the Case

Gretchen Graham Salazar (argued), Bruce Winchell, Kasey D. Huebner, Mills Meyers Swartling, Seattle, WA, for the appellants.

Michael A. Patterson (argued), Sarah S. Mack, Patterson Buchanan Fobes Leitch & Kalzer, Inc., P.S., Seattle, WA, for the appellees.

E. Christina Beusch (argued), Linda A. Dalton, Assistant Attorneys General, Olympia, WA, for the intervenor, Washington State Human Rights Commission.

Before: KIM McLANE WARDLAW, RICHARD R. CLIFTON and N. RANDY SMITH, Circuit Judges.

ORDER CERTIFYING QUESTION TO THE WASHINGTON SUPREME COURT

ALEX KOZINSKI, Chief Judge.

ORDER

This employment discrimination case presents a question of Washington state constitutional law. Kerry Moore, a fire-fighter in Washington State, was discharged for dereliction of duty after taking extended periods of time off from work to seek treatment for his chronic kidney disease. Moore brought suit in federal court raising state and federal employment...

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