CRUZ V. CITY OF SPOKANE, No. 21-35912 (9th Cir. 2023)
Annotate this CaseCourt Description: Voluntary Dismissal The panel granted the parties’ joint stipulated motion to voluntarily dismiss the appeal, withdraw a question that the panel had certified to the Washington Supreme Court relating to the scope of immunity provided by RCW 43.101.390, and remand to the district court for dismissal of all claims against State Appellants.
This opinion or order relates to an opinion or order originally issued on April 28, 2023.
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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOHN J. CRUZ, Plaintiff-Appellee, v. No. 21-35912 D.C. No. 2:20-cv00250-SAB CITY OF SPOKANE; ORDER WASHINGTON STATE CRIMINAL WITHDRAWING JUSTICE TRAINING CERTIFIED COMMISSION, a state commission; QUESTION RICK BOWEN, Commander of the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; JOHN EVERLY, Police Officer at the Spokane Police Department and Assistant Commander of the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; ART DOLLARD, Police Officer at the Spokane Police Department and TAC Officer at the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; JAKE JENSEN, Police Officer at the Spokane Police Department and TAC 2 CRUZ V. CITY OF SPOKANE Officer at the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; TODD BELITZ, Police Officer at the Spokane Police Department and TAC Officer at the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; SUE RAHR, Executive Director of the Washington State Criminal Justice Training Commission, and Defendants-Appellants, FERRY COUNTY; CITY OF REPUBLIC, a municipal corporation; RAY MAYCUMBER, Ferry County Sheriff; AMY ROOKER, Ferry County Chief Civil Deputy; AUSTIN HERSHAW, Police Officer at the Black Diamond Police Department; PATRICK RAINER, Detective at the Ferry County Sheriff's Office, Defendants. Appeal from the United States District Court for the Eastern District of Washington Stanley A. Bastian, Chief District Judge, Presiding Argued and Submitted March 30, 2023 Submission Withdrawn April 28, 2023 CRUZ V. CITY OF SPOKANE 3 Resubmitted December 26, 2023 Seattle, Washington Filed December 26, 2023 Before: Jacqueline H. Nguyen and Andrew D. Hurwitz, Circuit Judges, and Dean D. Pregerson, * District Judge. SUMMARY ** Voluntary Dismissal The panel granted the parties’ joint stipulated motion to voluntarily dismiss the appeal, withdraw a question that the panel had certified to the Washington Supreme Court relating to the scope of immunity provided by RCW 43.101.390, and remand to the district court for dismissal of all claims against State Appellants. COUNSEL Heidi S. Holland (argued), Attorney; Taylor Hennessey, Acting Assistant Attorney General, Tort Claims Division; Robert W. Ferguson, Washington Attorney General; Washington Attorney General’s Office, Spokane, The Honorable Dean D. Pregerson, United States District Judge for the Central District of California, sitting by designation. * This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. ** 4 CRUZ V. CITY OF SPOKANE Washington; Julie A. Turley, Assistant Attorney General, Washington Attorney General’s Office, Olympia, Washington; for Defendant-Appellant. Nathan J. Arnold (argued) and Emanuel F. Jacobowitz, Arnold & Jacobowitz PLLC, Redmond, Washington, for Plaintiff-Appellee. ORDER On April 28, 2023, we certified to the Washington Supreme Court a question relating to the proper scope of immunity provided by RCW 43.101.390. Dkt. No. 45. The Washington Supreme Court accepted the certified question on May 1, 2023. Dkt. No. 52. Thereafter, both the Washington Supreme Court and our court stayed proceedings while the parties engaged in mediation. Dkt. Nos. 55, 56. On December 14, 2023, the parties filed a joint Stipulated Motion to Voluntarily Dismiss Appeal, Withdraw the Certified Question, and Remand for Dismissal. Dkt. No. 63. The Motion is hereby GRANTED. Therefore, we now withdraw the prior certified question to the Washington Supreme Court. The matter is remanded for the district court to dismiss all claims against State Appellants. The Clerk of Court is ordered to transmit to the Washington Supreme Court, under official seal of the Ninth Circuit, this order. A copy of this order served on the district court shall act as and for the mandate of this court. Each side shall bear their own costs. It is so ORDERED.
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