King County Deputies’ Negligence in Muckleshoot Member’s Death Beyond Wash. State Court Review

Matthew L.M. Fletcher

Here are the materials in Davis v. King County (Wash. Ct. App.):

8-31-20 Opinion

7-25-19 Appellant’s Brief

9-27-19 Amended Appellees’ Joint Response Brief

09-09-19 Appellees’ Joint Response Brief

10-9-19 Appellant’s Reply

An excerpt:

“Before addressing each of the estate’s arguments, we acknowledge that Davis’s death is tragic and echo the trial court’s sentiment that the application of RCW 4.24.420 here is problematic because it precludes claims where law enforcement officers’ actions and training may have been unreasonable, given their knowledge that the individual they were confronting was suicidal and armed. RCW 4.24.420 prevents courts and juries from reaching the issue of whether law enforcement’s negligence resulted in the loss of life. The statute is clear and precludes our evaluation of these policy questions.”

California SCT Decides United Auburn Community of the Auburn Rancheria v. Newsom

Matthew L.M. Fletcher

Here is the opinion:

S238544

An excerpt:

This is a case about how California law applies to the delicate juncture of executive power, federalism, and tribal sovereignty. Under the federal Indian Gaming Regulatory Act (IGRA; 25 U.S.C. § 2701 et seq.), the United States Secretary of the Interior (Interior Secretary) may permit casino-style gaming on certain land taken into federal trust for an Indian tribe, so long as the Governor of the state where the land is located concurs. But nowhere in the California Constitution is the Governor granted explicit authority to concur in this cooperative-federalism scheme. We must decide whether the
Governor nonetheless has the authority to concur in the Interior Secretary’s determination to allow gaming on tribal trust land in California.

What we hold is that California law empowers the Governor to concur.

Briefs here.