CRUZ v. CITY OF SPOKANE

No. 21-35912.

66 F.4th 1193 (2023)

John J. CRUZ, Plaintiff-Appellee, v. CITY OF SPOKANE; Washington State Criminal Justice Training Commission, a state commission; Rick Bowen, Commander of the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; John Everly, Police Officer at the Spokane Police Department and Assistant Commander of the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; Art Dollard, Police Officer at the Spokane Police Department and TAC Officer at the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; Jake Jensen, Police Officer at the Spokane Police Department and TAC Officer at the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; Todd Belitz, Police Officer at the Spokane Police Department and TAC Officer at the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; Sue Rahr, Executive Director of the Washington State Criminal Justice Training Commission; Defendants-Appellants, and Ferry County; City of Republic, a municipal corporation; Ray Maycumber, Ferry County Sheriff; Amy Rooker, Ferry County Chief Civil Deputy; Austin Hershaw, Police Officer at the Black Diamond Police Department; Patrick Rainer, Detective at the Ferry County Sheriff's Office, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2023.


Attorney(s) appearing for the Case

Heidi S. Holland (argued) and Taylor Hennessey , Assistant Attorneys General; Robert W. Ferguson , Attorney General of Washington; Office of the Washington Attorney General, Spokane, Washington; for Defendants-Appellants.

Nathan J. Arnold (argued) and Emanuel F. Jacobowitz , Arnold & Jacobowitz PLLC, Redmond, Washington, for Plaintiff-Appellee.

Before: Jacqueline H. Nguyen and Andrew D. Hurwitz, Circuit Judges, and Dean D. Pregerson, District Judge.


ORDER CERTIFYING QUESTION TO THE WASHINGTON SUPREME COURT

The Washington State Criminal Justice Training Commission ("CJTC"), the City of Spokane, Sue Rahr, Rick Bowen, John Everly, Art Dollard, Jake Jensen, and Todd Belitz (collectively, the "CJTC Defendants") moved for summary judgment in the district court...

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