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BURD v. CLARKE

No. 37993-7-II.

219 P.3d 950 (2009)

Everette BURD, Appellant, v. Harold CLARKE, Secretary of Washington Department of Corrections, Respondent.

Court of Appeals of Washington, Division 2.

November 9, 2009.

Attorney(s) appearing for the Case

Amanda Marie Migchelbrink, Attorney at Law, Olympia, WA, for Respondent.

Roger Ival Gaer, Attorney at Law, Seattle, WA, for Respondent.

HOUGHTON, J.

¶ 1 Everette Burd sought a writ of mandamus ordering Harold Clarke, the Secretary of the Department of Corrections (DOC), to complete Burd's dangerous mentally ill offender assessment (assessment). The trial court denied Burd's motion for summary judgment, granted DOC's cross-motion for summary judgment, and dismissed Burd's petition. Burd appeals, arguing that RCW 72.09.370 creates a mandatory duty for DOC to perform the assessment and develop a...

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