John J. Cruz v. City of Spokane

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN J. CRUZ,
Plaintiff-Appellee,
v.
CITY OF SPOKANE;
WASHINGTON STATE CRIMINAL
JUSTICE TRAINING
COMMISSION, a state commission;
RICK BOWEN, Commander of the
Washington State Criminal Justice
Training Commission Basic Law
Enforcement Academy; JOHN
EVERLY, Police Officer at the
Spokane Police Department and
Assistant Commander of the
Washington State Criminal Justice
Training Commission Basic Law
Enforcement Academy; ART
DOLLARD, Police Officer at the
Spokane Police Department and TAC
Officer at the Washington State
Criminal Justice Training Commission
Basic Law Enforcement Academy;
JAKE JENSEN, Police Officer at the
Spokane Police Department and TAC
No. 21-35912
D.C. No. 2:20-cv-
00250-SAB
ORDER
WITHDRAWING
CERTIFIED
QUESTION

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2 CRUZ V. CITY OF SPOKANE
Officer at the Washington State
Criminal Justice Training Commission
Basic Law Enforcement Academy;
TODD BELITZ, Police Officer at the
Spokane Police Department and TAC
Officer at the Washington State
Criminal Justice Training Commission
Basic Law Enforcement Academy;
SUE RAHR, Executive Director of the
Washington State Criminal Justice
Training Commission,
Defendants-Appellants,
and
FERRY COUNTY; CITY OF
REPUBLIC, a municipal corporation;
RAY MAYCUMBER, Ferry County
Sheriff; AMY ROOKER, Ferry
County Chief Civil Deputy; AUSTIN
HERSHAW, Police Officer at the
Black Diamond Police Department;
PATRICK RAINER, Detective at the
Ferry County Sheriff's Office,
Defendants.
Appeal from the United States District Court
for the Eastern District of Washington
Stanley A. Bastian, Chief District Judge, Presiding
Argued and Submitted March 30, 2023
Submission Withdrawn April 28, 2023

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CRUZ V. CITY OF SPOKANE 3
Resubmitted December 26, 2023
Seattle, Washington
Filed December 26, 2023
Before: Jacqueline H. Nguyen and Andrew D. Hurwitz,
Circuit Judges, and Dean D. Pregerson,* District Judge.
SUMMARY**
Voluntary Dismissal
The panel granted the parties’ joint stipulated motion to
voluntarily dismiss the appeal, withdraw a question that the
panel had certified to the Washington Supreme Court
relating to the scope of immunity provided by RCW
43.101.390, and remand to the district court for dismissal of
all claims against State Appellants.
COUNSEL
Heidi S. Holland (argued), Attorney; Taylor Hennessey,
Acting Assistant Attorney General, Tort Claims Division;
Robert W. Ferguson, Washington Attorney General;
Washington Attorney General’s Office, Spokane,
* The Honorable Dean D. Pregerson, United States District Judge for the
Central District of California, sitting by designation.
** This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.

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4 CRUZ V. CITY OF SPOKANE
Washington; Julie A. Turley, Assistant Attorney General,
Washington Attorney General’s Office, Olympia,
Washington; for Defendant-Appellant.
Nathan J. Arnold (argued) and Emanuel F. Jacobowitz,
Arnold & Jacobowitz PLLC, Redmond, Washington, for
Plaintiff-Appellee.
ORDER
On April 28, 2023, we certified to the Washington
Supreme Court a question relating to the proper scope of
immunity provided by RCW 43.101.390. Dkt. No. 45. The
Washington Supreme Court accepted the certified question
on May 1, 2023. Dkt. No. 52. Thereafter, both the
Washington Supreme Court and our court stayed
proceedings while the parties engaged in mediation. Dkt.
Nos. 55, 56.
On December 14, 2023, the parties filed a joint
Stipulated Motion to Voluntarily Dismiss Appeal, Withdraw
the Certified Question, and Remand for Dismissal. Dkt. No.
63. The Motion is hereby GRANTED.
Therefore, we now withdraw the prior certified question
to the Washington Supreme Court. The matter is remanded
for the district court to dismiss all claims against State
Appellants. The Clerk of Court is ordered to transmit to the
Washington Supreme Court, under official seal of the Ninth
Circuit, this order. A copy of this order served on the district
court shall act as and for the mandate of this court.
Each side shall bear their own costs.
It is so ORDERED.

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