Articles Posted in News & Information

Two long running civil rights lawsuits have reached a tentative settlement. The suits were brought by Latino-owned day-care centers in Mattawa, in Eastern Washington, against the state Department of Social and Health Services over unauthorized searches and seizures of property.

A federal judge must approve the settlements, but if approved, nine plaintiffs in one case would receive $45,000 each. The suit results would also require the state to revise its manual on handling home child-care inspections and notify all 7,000 day-care centers in the state of the changes. Columbia Legal Services, which represents the day-care owners, would receive $350,000 in fees.

Approximately $1.7 million is the tentative settlement in the other case. But according to DSHS, the split between the 21 plaintiffs and their private Seattle attorneys hasn’t been determined.

“We think this is a reasonable solution,” said Steve Williams, DSHS spokesman.

According to YakimaHerald.com, “Columbia Legal Services in Wenatchee in 2005 won class-action status on behalf of about 4,000 day-care providers in Washington and a subclass status for all non-English speaking day-care providers in the state. They sought systemic changes within DSHS and unspecified monetary compensation for the nine Mattawa day-care providers.”
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A man who was just released from a Massachusetts prison killed Beverly and Brian Mauck. Daniel Tavares had been let out after serving time for killing his mother. Now Beverly’s mother says she owes it to her murdered daughter and son-in-law to change the state law.

Beverly’s mother, Karen Slater, says she feels helpless trying to hold that prison accountable for releasing Tavares. She wants to file a wrongful death lawsuit against the prison but can’t do so under the state law. According to the Mauck family, Tavares should have been held in prison longer. He apparently had a history of attacking prison guards and making threats against then-Gov. Mitt Romney.

“Even though there’s criminal action, conviction and sentencing occurred, the ability to seek civil action is not allowed,” said Rep. Timm Ormsby, R-Spokane.
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$85,000 has been paid by Snohomish County to a former court worker after she agreed not to file a civil lawsuit alleging that her demotion was retaliation for cooperation with a 2005 state investigation of a judge.

Sherree Marler, who had worked for that court for 26 years, filed a claim against the county, saying that her employment was “terminated” without notice in retaliation for her testimony before the state Judicial Conduct Commission. A lawsuit was prepared, but she continued to negotiate with the county and didn’t file it, according to her lawyer, Jean Huffington of Seattle.

And agreement was reached by Marler and the county in November, and the county paid Marler the money last month, Huffington said.

Snohomish County deputy prosecutor Steven Bladek said that any claim can be a risk to an employer.

“It was determined, as a business decision, this is the best course of action for the county,” Bladek said.
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Drunk drivers in Washington State may soon have their own fluorescent yellow license plate.

Republican state senator Mike Carrell is sponsoring a bill that would require a person convicted of DUI to drive a vehicle with front and rear fluorescent yellow license plates.

The same thing was required in Ohio four years ago.

“I believe shame will keep people from doing it. Looking at somebody who is driving around with a fluorescent yellow license plate should be a good reason for others to decide ‘I don’t want to have my neighbors knowing that I’m a drunk,'” said Carrell.

Under the proposal, if someone is a convicted DUI offender and they’re caught driving without the special license plate, they could be charged with a Washington misdemeanor.
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For the third time, the Oregon Supreme Court has allowed a $79.5 million punitive-damages judgment against Philip Morris. This award was twice struck down by the U.S. Supreme Court, which suggested it was excessive.

Jesse Williams was a longtime Malboro smoker. The money was for his family. Jesse, who started smoking during the Army in the 1950s, died of lung cancer in 1997.

According to www.Seattletimes.com, the Oregon court’s decision this week did not contest the U.S. Supreme Court’s latest ruling. This ruling said that when juries assess punitive damages, they can punish a defendant only for the harm done to the people suing. But the Oregon court said that a judge’s decision not to allow the jury instructions proposed by Philip Morris at the trial was correct. The instructions were regarding punitive damages, and have been in the middle of the legal battle over the suit brought by Williams’ widow. The award was made by a Portland jury in 1999.
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All first-time drunken-driving offenders must install an alcohol-detecting interlock device in their cars in order to can get their licenses back, under Washington State Auto law.

But, State Rep. Roger Goodman, D-Kirkland, wants to change that laws, because offenders often drive illegally for months or even a year or more without a valid license or the device, and that goes into effect only when drunken-driving offenders reapply for licenses.

He has proposed a bill in the Legislature that would create a “provisional” license that would have the locks installed soon after someone is arrested.

Goodman says that while 25% of drunken drivers get their licenses suspended, 75 percent drive anyway and many never get caught.

This bill is modeled after a law in New Mexico. “We want to create this new driver’s license that allows them to drive only if you put an interlock on your car,” Goodman said.

The ignition-interlock bill is a major drunken-driving proposal before the Legislature this year. But it is not the only one. The other, which is more controversial, is a bill sponsored by Rep. Patricia Lantz, D-Gig Harbor, and endorsed by Gov. Christine Gregoire. It would authorize police to set up sobriety spot checks. This is a practice that hasn’t been seen in Washington since it was declared unconstitutional by the Supreme Court in 1988.
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Blocked vision and dark outfits are not the only dangers to be concerned about when choosing a Halloween costume for you or your child. Just as there are toys which have recently been recalled for toxic dangers, Halloween costumes are proving to be a potential hazard as well.

According to a report on www.king5.com , Halloween items that were purchased from a variety of outlets, including Fred Meyer, Halloween Express, and Value Village, were taken to the Washington Toxics Coalition, which uses an X-ray gun to detect toxins. Lead was found right away.

In one costume made by Fun World which contained a medallion to be worn around a child’s neck, 121 parts-per-million of lead was detected. Lead was also found in “Little Brat” party favors, skull bracelet, and pirate sword. Some of the chemicals found in items are associated with toxins like Phthalates that are linked to male reproductive and asthma problems. Erika Schreder, of the Washington Toxics Coalition stated, “I would personally be concerned about a child wearing a PVC mask that they would be getting exposed to phthalates.”
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The Washington State Supreme Court made a controversial decision last month when they upheld a Clark County Superior Court ruling that granted the defendants motion to dismiss in Atchison v. Great Western Malting Company. The court decided that Kaela Atchison, 21, could not file suit for a wrongful death that occurred when she was 15 because the statute of limitations had expired. Atchison, a minor at the time of her father’s death, was unable to file the wrongful death lawsuit until she turned 18. The defendant argued that Atchison needed to file her suit before June 2003. Atchison argued that since she was a minor, the minority tolled (delayed) the statute of limitations. Therefore, the three year statute of limitations would not have begun until she turned 18. The Washington State Supreme Court ruled that that statute grants only a personal representative the right to sue for wrongful death and that minor’s cannot perform that role. Justice Bobbe J. Bridge wrote, “Kaela could not have been a person entitled to bring the wrongful death action when the action accrued, thus, the statute of limitations did not toll during her minority.”

Article Source: http://www.legalnewsline.com/news/200242-wash.-sc-limitations-clock-still-ticks-for-minor-beneficiaries

Between August 10th and 29th, drivers in western Washington will face one of the worst traffic headaches in the state’s history. Beginning Friday night, I-5 northbound between Spokane Street and the I-90 exit will be reduced to two or three lanes for construction. The lanes on I-5 will narrow to 10 feet wide and there will be no HOV or shoulder lanes. With the closures, officials are expecting traffic congestion that will affect Seattle and all surrounding regions. Here are some suggestions to help you avoid the backups:

• Drive on roads west of I-5. Many northbound roads, including Airport Way South, First Avenue South, Fourth Avenue South, Highway 99, and East Marginal Way South will have their stoplights retimed to make green lights longer along northbound routes. Other measures will also be taken by police and the Coast Guard to help the congestion.

•Use van pools. Van pools registered with transit agencies will have a special rate for the month of August. An eight person van will cost each rider $45, much cheaper then the normal rate of $81.50. Metro provides the van, gas, maintenance, and the insurance. These vans can also use the designated bus and truck lanes on streets like Airport Way South. For more info, visit http://transit.metrokc.gov/tops/van-car/vanpool.html or call 206-625-4500.
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The Interstate 35W Bridge unexpectedly collapsed during the evening commute August 1st. The eight lane bridge, a major artery of Minneapolis, was undergoing repairs when it buckled sending dozens of vehicles into the Mississippi River below. The bridge, built in 1967, was about 1,900 feet long and rose about 64 feet above the river. Over the last week, road crews were out working on the bridge’s joints, guardrails, and lights. During the evening of the collapse, workers were laying concrete on the surface of the bridge completing a routine resurfacing project. This was considered the final phase of the construction project. There were 18 construction workers on the bridge during the collapse, only one is still unaccounted for.
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