Leo C. BRUTSCHE, Petitioner,
v.
CITY OF KENT, a Washington municipal corporation; and King County, a political subdivision of the State of Washington, Respondents.
Supreme Court of Washington, En Banc.https://leagle.com/images/logo.png
Argued January 17, 2008.
Decided October 2, 2008.
Attorney(s) appearing for the Case
John Rolfing Muenster, Muenster & Koenig, Jerald A. Klein, Attorney at Law, Seattle, WA, for Petitioner.
Chloethiel Woodard Deweese, Keller Rohrback LLP, Richard B. Jolley, Attorney at Law, Seattle, WA, for Respondents.
Sofia D'almeida Mabee, City of Yakima— Legal Dept., Yakima, WA, Daniel Brian Heid, City of Auburn, Auburn, WA, Amicus Curiae on behalf of Washington State Assoc. of Municipal Attorneys.
Jason C. Kinn, Danielson Harrigan Leyh & Tollefson, Nancy Lynn Talner, Attorney at Law, Sarah A. Dunne, ACLU, Seattle, WA, Amicus Curiae on behalf of American Civil Liberties.
William R. Maurer, Michael E. Bindas, Institute for Justice/WA State Chapter, Seattle, WA, Amicus Curiae on behalf of Institute for Justice Washington Chapter.
Supreme Court of Washington, En Banc.
MADSEN, J.
¶ 1 In executing a search warrant for a suspected methamphetamine lab on premises owned by petitioner Leo C. Brutsche, law enforcement officers using a battering ram to gain entry caused physical damage to doors and door jambs. Mr. Brutsche brought suit against the city of Kent (the City), among others, arguing that the officers had a duty to conduct the search so as to avoid unnecessary damage and do the...
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