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Frost v. City of Walla Walla9/11/1986
plies to activities by an officer "engaged in the lawful performance of his duties." He therefore asserts that, because the search violated his constitutional rights, it was not lawful, and RCW 69.50.506(c) should not apply.
We disagree. In a case similar to this one, in which a New York appellate court ordered a car returned to the owner when the evidence needed to support a forfeiture was illegally obtained, the court stated, "a public officer acting in a good faith effort to carry out his public trust is not and cannot be labeled a 'wrongdoer'." People v. Florus, 67 Misc. 2d 809, 812, 325 N.Y.S.2d 127 (N.Y. Sup. Ct. 1971). Similarly, in this case, where there is no allegation that at any point the officers acted other than in good faith, we cannot say that, in relation to RCW 69.50.506(c), the officers were not engaged in the lawful performance of their duties.
Attorney Fees
Frost claims that pursuant to RCW 69.50.505(e), he is entitled to reasonable attorney fees. RCW 69.50.505(e) provides in part that: "In a court hearing between two or more claimants to the article or articles involved, the prevailing party shall be entitled to a judgment for costs and reasonable attorney's fees." We recently decided in Deeter v. Smith, 106 Wash. 2d 376, 721 P.2d 519 (1986) that this statute only applies if there were two or more claimants other than the State. Otherwise, there would be no reason to use language such as "between two or more claimants",
because if the State were a claimant, there would always be at least two claimants.
Conclusion
RCW 69.50.506(c) protects the officers from liability in a situation such as this, in which in good faith they impound and attempt to forfeit a car known to transport controlled substances. This immunity also runs to the jurisdiction employing them, the City of Walla Walla, as otherwise, the goal of efficient and unhampered police work would be unduly restricted. Accordingly, the trial court's dismissal of Frost's claim for damages, as well as attorney fees is affirmed.
Disposition
Holding that the city was immune from liability under RCW 69.50.506(c) and that the plaintiff was not entitled to recover his attorney fees, the court affirms the judgment.
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