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PARMELEE v. O'NEEL

No. 82128-3.

229 P.3d 723 (2010)

168 Wash.2d 515

Allan PARMELEE, Petitioner, v. Robert O'NEEL; Robert Monger; Harold Clarke; Eldon Vail; Lynn Delano; Kathryn Bail; Carroll Riddle; Sandra Carter; John Palmer; John Aldana; Sandra Diimel; Jerry McHaffie; Tina Adams; Nathan Cornish; Michael Erlenmeyer; unknown others, and The community partners of each named Defendant, Respondents.

Supreme Court of Washington, En Banc.

Decided March 25, 2010.

Attorney(s) appearing for the Case

Hank L. Balson, Public Interest Law Group, PLLC, Seattle, WA, for Petitioner.

Amanda Marie Migchelbrink, Attorney at Law, Daniel John Judge, Attorney General's Office, Olympia, WA, for Respondents.

Sarah A. Dunne, Nancy Lynn Talner, ACLU, Seattle, WA, Amicus Curiae on behalf of American Civil Liberties Union of Wash. Foundation.

Daniel Ford, Columbia Legal Services, Seattle, WA, Amicus Curiae on behalf of American Civil Liberties Union of Wash. Foundation & Columbia Legal Services.

Roger Ashley Leishman, Dustin Eric Buehler, Davis Wright Tremaine L.L.P., Seattle, WA, Amicus Curiae on behalf of American Civil Liberties Union of Wash. Foundation, Legal Voice, The Center for Justice & University Legal Assistance.

OWENS, J.

¶ 1 This case allows us to consider whether a litigant who is successful in getting an appellate court to vacate a penal infraction and to declare a Washington statute unconstitutional is a prevailing party under 42 U.S.C. § 1988(b) entitled to attorney fees. Allan Parmelee, a prisoner in the custody of Clallam Bay Corrections Center (CBCC), received an infraction for inflammatory language in a letter that complained about the treatment of prisoners...

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