A negligence lawsuit against a Washington county jail arising from an inmate’s death will continue at the trial court level after a state appellate panel determined last week that the county did not have complete immunity because it had an obligation to protect and ensure the inmate’s safety while in custody.
The Washington Court of Appeals affirmed the Kittitas Superior Court’s denial of the county’s motion for summary judgment dismissal. The county previously asserted that it had complete immunity under Washington’s felony defense statute and comparative fault statute, but the court said that allowing it to proceed under those defenses would “nullify the [c]ounty’s duty to protect Mr. Batton.”
