CRUZ v. CITY OF SPOKANE

No. 21-35912.

88 F.4th 1299 (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.

Submission Withdrawn April 28, 2023.

Resubmitted December 26, 2023 Seattle, Washington.

Filed December 26, 2023.


Attorney(s) appearing for the Case

Heidi S. Holland (argued), Attorney; Taylor Hennessey , Acting Assistant Attorney General, Tort Claims Division; Robert W. Ferguson , Washington Attorney General; Washington Attorney General's Office, Spokane, Washington; Julie A. Turley , Assistant Attorney General, Washington Attorney General's Office, Olympia, Washington; for Defendant-Appellant.

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 WITHDRAWING CERTIFIED QUESTION

ORDER

On April 28, 2023, we certified to the Washington Supreme Court a question relating to the proper scope of immunity provided by RCW 43.101.390. Dkt. No. 45. The Washington Supreme Court accepted the certified question on May 1, 2023. Dkt. No. 52. Thereafter, both the Washington Supreme Court and our court stayed proceedings while the parties engaged in mediation. Dkt. Nos. 55, 56.

On December 14, 2023...

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