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Roy v. City of Everett2/6/1992
munizes peace officers for injuries arising out of events like arrests and enforcement of court orders.
The ruling of the trial court is upheld.
Disposition
Holding that the city and the police officers were not immune under RCW 10.99.070 for the conduct alleged, the court affirms the denial of the summary judgment motions.
Andersen, J. (concurring in the result)
This case has proceeded no further than the pleading stage. Upon reviewing the record before us, it cannot fairly be said that there is "no genuine issue as to any material fact" as required before a summary judgment may be entered. See CR 56(c). Accordingly, the trial court did not err in denying the motions for summary judgment here in question.
Dore, C.J. (dissenting)
The majority holds that the immunity which RCW 10.99.070 grants peace officers shields the officers only from liability for actions like an arrest or action taken to enforce a court order. Because the majority's interpretation distorts the language of RCW 10.99.070 and defeats the purpose of the domestic violence act, I dissent.
The majority, through inadvertence or design, entirely ignores the facts. An understanding of the peace officers' conduct in Roy's case, however, is essential to an intelligent
review of the trial court's decision. General references to police indifference or inaction are inadequate. I therefore will present the facts more fully than does the majority, because it establishes that the police in the subject case promptly responded on every occasion on which they were summoned.
Facts
On October 5, 1984, at approximately 6:15 a.m., Milton Glenn went to his girl friend Sheila Roy's apartment and knocked on Roy's door. Roy "screamed out the door to go away". Glenn "went around to the bedroom window and kicked in the glass". Roy "heard the glass breaking, . . . saw [Glenn's] leg coming through, . . . ran to the front door . . . headed down the stairs . . . ." Roy "walked . . . to the nearest apartment, . . . across from [hers], knocked on the door, . . ." and when the resident answered, asked if she could use the phone. Glenn pursued Roy to the neighbor's apartment and shot at Roy three times. Glenn wounded Roy and fatally shot himself. Another neighbor, who heard the sound of breaking glass and saw Glenn standing in the doorway of Roy's apartment, called the police, who arrived at 6:20 a.m.
The events of October 5, 1984, ended a tumultuous yearlong relationship between Glenn and Roy, during which Glenn periodically lived with Roy and her children. Incidents of violence punctuated the relationship. On October 6 and 7, 1983, Glenn kicked and slapped Roy. Roy reported these incidents to the police and on each occasion officers responded to her calls. On October 11, 1983, police asked Roy to file a written statement about the October 6 and 7 assaults. Roy did not wish to pursue the complaint and submitted a written statement confirming that she did not wish to press charges. Police closed the case due to lack of participation by the complainant.
On October 18, 1983, Glenn threw Roy to the ground, kicked and hit her, and twisted her arm. Roy went to the hospital for treatment, leaving Glenn at the apartment. The
next day, October 19, Roy reported to the police that Glenn assaulted her, slashed her waterbed, and that $250 was missing from her bedroom. Police came to Roy's home in response to the report, but Glenn was not there when they arrived.
On October 25, 1983, pol
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