BLACKBURN v. DEPT. OF SOCIAL & HEALTH SERV.

No. 91494-0.

375 P.3d 1076 (2016)

Patricia BLACKBURN, David Carpenter, Jacob Dau, Dennis Fant, Bonifacio Fornillos, Akanele Imo, Jose Lopez, Ralph Peterson, and Matthew Staley, Appellants, v. STATE of Washington Department of Social And Health Services and Western State Hospital, Respondents.

Supreme Court of Washington, EN BANC.

Filed July 28, 2016.


Attorney(s) appearing for the Case

Jesse Andrew Wing , Joseph Robert Shaeffer , Tiffany Mae Cartwright , MacDonald Hoague & Bayless, 705 2nd Avenue Suite 1500, Seattle, WA, 98104-1745, Counsel for Appellants.

Joseph Michael Diaz , Attorney General of Washington, Grace C.S. O'Connor , Washington State Office of the Attorney, Torts Division A.G. Office, Attorney at Law, Allyson Zipp , Washington Attorney General's Office, P.O. Box 40126, 7141 Cleanwater Ln SW, Olympia, WA, 98504-0126, Counsel for Respondents.

Jeffrey Lowell Needle , Maynard Building, 119 1st Avenue S Suite 200, Seattle, WA, 98104-3450, Amicus Curiae on behalf of Washington Employment Lawyers Association.

Breanne Schuster , La Rond Baker , Nancy Lynn Talner , Attorney at Law, 901 5th Avenue Suite 630, Seattle, WA, 98164-2008, Amicus Curiae on behalf of ACLU.

Bryan Patrick Harnetiaux , Attorney at Law, 517 E 17th Avenue, Spokane, WA, 99203-2210, Valerie Davis Mcomie , Attorney at Law, 4549 NW Aspen St., Camas, WA, 98607-8302, Amicus Curiae on behalf of Washington State Association for Justice Foundation.


¶ 1 Nine employees (Employees) of Western State Hospital (WSH)1 assert that their employer has illegally taken race into account when making staffing decisions in response to patients' race-based threats or demands. After a six-day bench trial, the trial...

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