In pursuit of our mission, the Center represents clients on a wide variety of issues including law enforcement misconduct, public records/open meetings, the First Amendment, family rights, discrimination, land use and environmental protection.
After a cross was burned on the Anderson family’s front lawn in Elk, Washington five years ago, the Center’s lawyers working with the Northwest Fair Housing Alliance brought a civil rights suit in federal court that eventually resulted in a substantial monetary settlement for the family.
Miotke v. Spokane County: Eastern Washington Growth Management Hearing Board, Washington Court of Appeals, Division 3: Successful appeal of Spokane County’s 2005 Comprehensive Plan Amendments expanding the Urban Growth Area on Five Mile Prairie. State Court of Appeals ruled May 29, 2008 that County’s appeal of hearings board rulings was “moot” because county had repealed its decision. See CFJ feature story on Miotke/McHugh cases.
McHugh v. Spokane County: Eastern Washington Growth Management Hearing Board, Washington Court of Appeals, Division 3: Successful appeal of Spokane County’s 2006 Comprehensive Plan Amendments expanding the Urban Growth Area on the West Plains (Flint Road). State Court of Appeals ruled May 29, 2008 that County’s appeal of hearings board rulings was “moot” because county had repealed its decision. See CFJ feature story on Miotke/McHugh cases.
Dan Henderson, Larry Kunz, Neil Membrey, Kasi Harvey-Jarvis and the Neighborhood Alliance of Spokane County v. Spokane County (respondent) and McGlades, LLC (intervenor). Petition before the Eastern Washington Growth Management Hearings Board, decided in September 2008. The case involved a fruit stand that had been expanded into a full-service restaurant in a rural residential area north of Spokane. The board found that the County erred in all six issues raised under the state’s Growth Management Act (GMA), the County’s own comprehensive plan, and the State Environmental Policy Act. The board’s ruling was accompanied by a finding of “invalidity” that was accompanied with a detailed order and time table for the County to come into compliance. The CFJ feature story on the case can be found here.
Southgate Neighborhood Council, Neighborhood Alliance of Spokane, Ginger Patano and Futurewise v. City of Spokane. Pending petition before the Eastern Washington Growth Management Hearings Board filed July 25, 2008. Case involves allegation that the City’s decision to proceed with “big box” development on South Regal Street violates the Growth Management Act and the City’s comprehensive plan. See CFJ story “Out of the Box.”
State v. Charles McNabb, superior court no. 03-1-01961-6, court of appeals no. 22939-4-III: Defending competent person’s right to refuse food and medical treatment while detained pending trial and challenging constitutionality of force-feeding order. Washington Supreme Court ruled 8-1 on April 10, 2008 that the state’s interest in applying the Department of Corrections’ force-feeding policy “outweigh his [McNabb's] right to refuse artificial means of nutrition and hydration.” Read majority opinion here. Read dissent here.
Christopher Ostrander v. T.H. Madsen et al., federal district court no. CS-99-0017-WFN, 9th Cir. court of appeals no. 00-35506, 00-35538, 00-35541: Civil rights action for police brutality. On First Amendment and other grounds, 9th Circuit affirmed dismissal of counterclaims for defamation and malicious prosecution. Settlement, including compensation, negotiated after remand. Reply Brief: Ostrander v. Madsen
State v. Dayna Christoph, court of appeals no. 19112-5-III: The Center represented Ms. Christoph in vacating juvenile conviction based on coerced false confession and ineffective assistance of counsel in failing to discover overwhelming evidence of innocence. On appeal by state, court of appeals affirmed order vacating illegal conviction. Reply Motion to Vacate: State v. Dayna Christoph
State v. Randy McReynolds, 117 Wn. App. 309, 71 P.3d 663 (2003): Filed amicus brief for Washington Association of Criminal Defense Lawyers on proper unit of prosecution for possession of stolen property. In published opinion, court of appeals adopted arguments from amicus brief, curbing power of overzealous prosecutors to stack duplicative charges. Amicus Brief: State v. Randy McReynolds
Katherine Knox; Donald Westerman v. Spokane County District Court, superior court no. 00-20585-8-1, and court of appeals no. 19951- 7-III: Represented city and county public defenders in obtaining writ of mandamus ordering district court to comply with state-mandated procedures for appointment of counsel in criminal cases. The writ redressed systemic denial of the constitutional right to counsel. Brief: Knox/Westerman v. Spokane County District Court.
To download consultant Sam Pailca’s April 2007 report recommending independent oversight of the Spokane Police Department, see Pailca Report 
To download Tim Connor’s 1981 investigation of police violence in Spokane, see Violent Cops?
To download the article about the then-police chief’s response, see Violent Cops Follow-up
Gary Lobe and Farmers Insurance. Because of a disability Gary Lobe needs a wheelchair. After his specially equipped van was destroyed by another driver, Gary lost the ability to drive simply because the insurance company was at first unwilling to pay to replace his vehicle with another that would accommodate his wheelchair. After the Center for Justice prepared a lawsuit on Gary’s behalf, the insurance company agreed to settle and pay for the cost of renting a suitably equipped vehicle. Farmers also informed the Center that it was changing its policy, and would, in future such instances, pay the cost of specially equipped vehicles when they are available to be rented.
Rhubarb Sky LLC v. Spokane Parking Public Development Authority et al., superior court no. 03-20829-7-7: Complaint alleged violation of Open Public Meetings Act. Resolved by settlement agreement. The agency has since been disbanded.
Rhubarb Sky LLC v. Department of Housing and Urban Development, federal district court no. CS-03-193-FVS: Freedom of Information Act case against federal agency for illegal withholding of documents concerning controversial “section 108” loan to River Park Square developer, subsidized by federal guarantee and backed by city’s community development block grant appropriations. Documents produced and attorneys fees awarded on summary judgment. Reply Brief: Rhubarb Sky LLC v. Department of Housing and Urban Development
Tim Connor & Rhubarb Sky LLC v. City of Spokane, superior court no. 01-20366-5-8: Public records suit against city for illegal withholding of documents concerning River Park Square. Court found city committed multiple violations of the state public records act and awarded penalties, costs and attorney fees. Center for Justice was co-counsel with Hagens Berman LLC, a major plaintiffs’ class action law firm.
Spokane Research & Defense Fund; Rhubarb Sky LLC v. City of Spokane, court of appeals no.
21729-9-III: Center for Justice intervened in SRDF’s action for public disclosure against city, which sought documents also withheld from Camas. As co-counsel with Hagens Berman and Towsley, Brain, Stephens PLLC, Center for Justice appealed adverse superior court and appellate court decisions to supreme court arguing that illegally withheld documents were first sought by Tim Connor and Rhubarb Sky. Court reversed unanimously and remanded case to superior court. Case settled in late 2006 with apology from City of Spokane and payment of penalties, costs and attorney fees.
