CAREPARTNERS, LLC v. LASHWAY

No. 07-35125.

545 F.3d 867 (2008)

CAREPARTNERS LLC, limited liability corporation under the Laws of the State of Washington doing business as Alderwood Assisted Living; Carepartners Management, limited liability corporation under the Laws of the State of Washington doing business as Alderwood Assisted Living; Joseph Kilkelly and Laura Kilkelly, owners of CarePartners, LLC, individually and on behalf of their marital community, Plaintiffs-Appellees, v. Pat LASHWAY, Director of Residential Care of Services for the Washington State Department of Social and Health Services (DSHS) in her individual capacity; Nancy Tyson, Boarding Home Enforcement Officer, for Residential Care Services and Aging Adult Services for DSHS, in her individual capacity; Joyce Stockwell, an employee of DSHS in her individual capacity; Robert McClintock, Regional Administrator for DSHS in his individual capacity also known as Bob McClintock; Julie Lord, Licensing Field Manager for Residential Care Services for DSHS in her individual capacity; Kathryn Webb, Lead Field Inspector for Residential Care Services for DSHS in her individual capacity; Mary Corso, formerly the Fire Marshal for the State of Washington in her individual capacity; Roger Woodside, Assistant State Fire Marshal for the State of Washington in his individual capacity; Ed Borgatti, Chief Deputy State Fire Marshal for the State of Washington in his individual capacity; Michael Sturgeon, Deputy Fire Marshal for the State of Washington in his individual capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2008.


Attorney(s) appearing for the Case

Robert M. McKenna, Attorney General for the State of Washington, Olympia, WA, D. Thomas Wendel (Argued), Assistant Attorney General for the State of Washington, on behalf of defendants-appellants Pat Lashway, et al.

Paul A. Lindenmuth, Esq., Law Offices of Ben F. Barcus & Associates, P.L.L.C., Tacoma, WA, on behalf of plaintiffs-appellees CarePartners, LLC, et al.

Before: FERDINAND F. FERNANDEZ and CONSUELO M. CALLAHAN, Circuit Judges, and IRMA E. GONZALEZ, District Judge.


CALLAHAN, Circuit Judge:

CarePartners, LLC, CarePartners Management, and Joseph and Laura Kilkelly, as individual owners of the CarePartners entities (collectively, "CarePartners"), sued several employees and representatives of the Washington State Department of Social and Health Services ("DSHS") and the Washington State Fire Marshal's office ("fire marshal") in their individual capacities (collectively, the "State employees") claiming that the State employees engaged...

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