Case 2:18-cv-00262-TSZ Document 21-1 Filed 07/13/18 Page 1 of 4 HON. THOMAS S. ZILLY Noted: August 10, 2018 WITHOUT ORAL ARGUMENT 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 9 10 11 BRENDA TAYLOR, individually, and as executor of the Estate of Che Andre Taylor; JOYCE TAYLOR, individually; CHE ANDRE TAYLOR, JR., individually; and SARAH SETTLES on behalf of her minor child, CMT, 12 Plaintiffs, No. 2:18-CV-00262 [PROPOSED] ORDER GRANTING DEFENDANTS’ PARTIAL MOTION TO DISMISS 13 vs. Noted: August 10, 2018 WITHOUT ORAL ARGUMENT 14 15 16 17 18 19 20 CITY OF SEATTLE; MICHAEL SPAULDING and "JANE DOE" SPAULDING, and their marital community composed thereof; SCOTT MILLER and "JANE DOE" MILLER, and their marital community composed thereof; TIMOTHY BARNES and "JANE DOE" BARNES, and their marital community composed thereof; and AUDI ACUESTA and "JANE DOE" ACUESTA, and their marital community composed thereof, Defendants. 21 Pending before the Court is the Defendants’ Partial Motion to Dismiss Under 12(b)(6). In 22 connection with this Motion, the Court reviewed the following documents: 23 [PROPOSED] ORDER GRANTING DEFENDANTS’ PARTIAL MOTION TO DISMISS UNDER 12(b)(6) - 1 2:18-CV-00262 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:18-cv-00262-TSZ Document 21-1 Filed 07/13/18 Page 2 of 4 1 1. Plaintiffs’ Amended Complaint; 2 2. Defendants’ Partial Motion to Dismiss Under 12(b)(6); 3 3. Plaintiff’s opposition, if any; and 4 4. Defendants’ Reply, if any. 5 Being fully advised in this matter, Defendants’ Partial Motion to Dismiss Under 12(b)(6) is 6 hereby GRANTED, and the Court ORDERS the following: 7 (a) Officers Audi Acuesta and Timothy Barnes are DISMISSED from this action; 8 (b) Plaintiffs’ negligence claims (First and Fifth Causes of Action) are DISMISSED; 9 (c) Plaintiffs fail to allege a Monell claim against the City of Seattle, and therefore the City is 10 11 12 13 14 15 16 DISMISSED from this action as to any § 1983 claims; (d) Plaintiffs fail to allege a claim under the Washington Law Against Discrimination (“WLAD”), RCW 49.60.030 et seq. and therefore Plaintiffs’ WLAD claim is DISMISSED; (e) Plaintiffs’ False Arrest and Unlawful Seizure claims (Third and Fourth Causes of Action) are DISMISSED; (f) Joyce Dorsey, mother of the decedent, Che Taylor is barred from recovery on any alleged Washington state law claims; 17 (g) Plaintiffs, Brenda Taylor, individually; Joyce Dorsey, individually; Che Andre Taylor Jr.., 18 individually; and Sarah Settles on behalf of her minor child, CMT are barred from bringing a 19 Fourth Amendment § 1983 claim; 20 (h) Plaintiffs, Brenda Taylor, individually; Joyce Dorsey, individually; Che Andre Taylor Jr.., 21 individually; and Sarah Settles on behalf of her minor child, CMT are prohibited from 22 bringing Washington state law claims for Outrage and Assault; 23 (i) Any excessive force claim(s) Plaintiffs may attempt to bring under § 1983 must be analyzed [PROPOSED] ORDER GRANTING DEFENDANTS’ PARTIAL MOTION TO DISMISS UNDER 12(b)(6) - 2 2:18-CV-00262 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:18-cv-00262-TSZ Document 21-1 Filed 07/13/18 Page 3 of 4 under the Fourth Amendment and not a substantive due process lens; 1 2 (j) Brenda Taylor is barred from asserting a § 1983 Substantive Due Process claim, and therefore her claim is DISMISSED; 3 4 (k) The Estate is barred from suing for Substantive Due Process on behalf of the decedent’s “children,” and therefore that claim is DISMISSED; 5 6 (l) The Estate is barred from suing Substantive Due Process on behalf of the entire family, and therefore that claim is DISMISSED; 7 8 (m) 9 ____________________________________________________________________________ 10 ____________________________________________________________________________ 11 ____________________________________________________________________________ 12 DATED: _______________________________, 2018. _________________________________________ JUDGE THOMAS S. ZILLY 13 14 15 Presented by: PETER S. HOLMES Seattle City Attorney 16 17 18 19 s/ Ghazal Sharifi Ghazal Sharifi, WSBA# 47750 Assistant City Attorney Seattle City Attorney’s Office 701 Fifth Avenue, Suite 2050 Seattle, WA 98104 Phone: (206) 684-8217 20 21 Attorneys for Defendants City of Seattle, and Officers Spaulding, Miller, Acuesta, and Barnes 22 23 [PROPOSED] ORDER GRANTING DEFENDANTS’ PARTIAL MOTION TO DISMISS UNDER 12(b)(6) - 3 2:18-CV-00262 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 Case 2:18-cv-00262-TSZ Document 21-1 Filed 07/13/18 Page 4 of 4 1 CERTIFICATE OF SERVICE 2 3 4 5 6 7 8 9 10 11 12 I hereby certify that on July 13, 2018, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: James Bible, Esq., WSBA# 33985 James Bible Law Group 14205 SE 36th Street, Suite 100 Bellevue, WA 98006 [Attorney for Plaintiffs] Shakespear N. Feyissa, Esq., WSBA# 33747 Law Offices of Shakespear N. Feyissa 1001 4th Avenue, Suite 3200 Seattle, WA 98154 [Attorney for Plaintiffs] Jesse Valdez, Esq. WSBA# 35278 Valdez Lehman, PLLC 600 108th Ave., NE, Suite 347 Bellevue, WA 98004-5101 [Attorney for Plaintiffs] 13 14 _s/ Ghazal Sharifi Ghazal Sharifi, Assistant City Attorney 15 16 17 18 19 20 21 22 23 [PROPOSED] ORDER GRANTING DEFENDANTS’ PARTIAL MOTION TO DISMISS UNDER 12(b)(6) - 4 2:18-CV-00262 Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200