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GREGOIRE v. CITY OF OAK HARBOR

No. 81253-5.

244 P.3d 924 (2010)

Tanya GREGOIRE, guardian for the person and estate of Brianna Alexandra Gregoire, a minor, and as personal representative for Edward Albert Gregoire, deceased, Petitioner, v. CITY OF OAK HARBOR, a municipal corporation, Respondent, Richard Wallace, and his marital community; Benjamin Slaman, and his marital community; John Dyer and his marital community; Raymond Payeur and his marital community; Steven Nordstrand and his marital community; William Wilkie, and his marital community, Defendants.

Supreme Court of Washington, En Banc.

Decided December 2, 2010.

Attorney(s) appearing for the Case

James Wilson Kytle , Mary Ruth Mann , Mann & Kytle, P.L.L.C., Seattle, WA, for Petitioner.

Robert L. Christie , Jason Marc Rosen , Christie Law Group, P.L.L.C., Seattle, WA, for Respondent.

Bryan Patrick Harnetiaux , Spokane, WA, George M. Ahrend , Ahrend Law Firm, P.L.L.C., Moses Lake, amicus counsel for Washington State Association for Justice Foundation.

SANDERS, J.

¶ 1 Shortly after police arrested Edward Gregoire (Gregoire), he displayed a range of unstable behavior, including thrashing violently, tussling with officers, crying, making irrational statements, and asking officers to shoot him. Roughly half an hour after transporting Gregoire to the Oak Harbor jail, officers found Gregoire hanging by his neck from a ventilation grate. Gregoire died soon thereafter. Tanya Gregoire (Ms. Gregoire), personal representative...

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