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Roy v. City of Everett2/6/1992
ember 22, 1984, Glenn struck Roy and threw her to the ground. Officers arrested Glenn and charged him with domestic violence assault. Roy obtained a temporary protective order on September 24, which directed Glenn to "keep away from [Roy's] residence or from any other place where the petitioner may be." The temporary order prohibited Glenn from interfering with Roy's custody of her children. The order was effective until October 4, 1984. Officer Pyles served the protective order on Glenn the evening of September 24.
On September 26, Roy walked to a baby-sitter's house, to pick up her children. The baby-sitter lived "down the street" from Roy. As Roy approached the house, Glenn drove up and parked his car in the baby-sitter's driveway, obstructing Roy's path. Glenn asked Roy to get in the car so he could talk to her. He threatened to kill Roy and her children if Roy pressed charges against him. Roy's neighbor appeared and Glenn left.
Roy reported this incident to Detective Hegge. Hegge told Roy he could not do anything because Glenn did not violate the protective order. The parties agree that Hegge did not act because he believed the protective order extended only to Roy's residence and not to the public sidewalk in front of the neighbor's residence.
Glenn came to Roy's home at approximately 5:30 a.m. on September 27, and threatened to kill her if she did not meet him at a motel . Roy reported the incident 6 hours later, at 11:20 a.m. Police responded to Roy's call, found Glenn at the motel, and arrested him for violating the temporary protective order.
Roy obtained a second protective order on October 4, 1984. The order gave Glenn visitation rights with the parties' child on the third weekend of each month only. It directed Glenn to "keep away from Roy's residence . . . or from any other place where the petitioner may be except to carry out his visitation rights." The restraining order was effective for 1 year, from October 4, 1984, to October 4, 1985. Glenn received a copy of this order at the hearing.
On October 5, 1984, Glenn broke into Roy's apartment and, as described above, shot at Roy and killed himself.
In May 1985, Roy filed a complaint for damages against the City, the police department, the Chief of Police, several police officers, the prosecutor's office, and Glenn's estate. The defendants moved for summary judgment because they alleged that they were immune from suit under RCW 10.99.070. The court denied the motion for summary judgment. It ruled, in part, that:
Defendant City and police officers' immunity under RCW 10.99.070, construed in light of the entire Domestic Violence Act, is limited to conduct in the course of an arrest or other on-the-scene action such as entering a home to break up a fight. Since Plaintiff Roy's suit is not based on such conduct, it is not barred by the immunity section of the domestic violence law, and therefore defendant's motion on that issue is denied.
The court also rejected the defendants' claim that qualified immunity precluded their liability for Roy's claims because " aterial issues of fact exist as to whether defendants' conduct was objectively reasonable . . . ." Finally, the court dismissed Roy's claims that the defendants exhibited a "pattern of indifference" that constituted a violation of equal protection.
This court granted discretionary review of the trial court's order on June 5, 1990.
Summary Judgment Standard
The defendants appeal from the trial court order denying summary judgment in their favor. Reviewing an order of summary judgment, we engage in the same
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