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Roy v. City of Everett2/6/1992
0 immunizes police officers from liability for any action or failure to act arising out of an incident of domestic violence, so long as the officers act in good faith.
2. As a matter of law, good faith immunity completely shields the peace officers in this case from liability. Roy does not even raise an inference that they acted in bad faith.
Roy impeded the officers from protecting her, by her refusal to file charges with the prosecutor and city attorney. Without a charge, police had to return Glenn's gun, which Roy complains that the police should not have done.
3. Good faith immunity also shields their municipal employer from liability for claims based on peace officers' conduct.
4. Discretionary immunity precludes the department or City from being independently liable for their alleged failure to fund, create, and monitor appropriate educational programs for its peace officers. I would reverse the trial court's order denying summary judgment of Roy's claims, as set forth in her fifth cause of action, and dismiss those claims.
5. An interpretation of RCW 10.99.070 which extends good faith immunity to peace officers does not violate article 1 or 31 of the state constitution or the fourteenth amendment to the federal constitution.
Dissent Footnotes
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