Wash. Rev. Code » Title 10 · Chapter 10.93
Revised Code of Washington

Wash. Rev. Code § 10.93.040 (2026)

Liability for exercise of authority

✓ current as of May 2026
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Any liability or claim of liability which arises out of the exercise or alleged exercise of authority by an officer acting within the course and scope of the officer's duties as a peace officer under this chapter is the responsibility of the primary commissioning agency unless the officer acts under the direction and control of another agency or unless the liability is otherwise allocated under a written agreement between the primary commissioning agency and another agency.
[ 1985 c 89 s 4.]
Notes of Decisions
Cited in 3 cases, 1992–2014 · leading case: Sheimo v. Bengston, 825 P.2d 343 (Wash. Ct. App. 1992).
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Sheimo v. Bengston, 825 P.2d 343 (Wash. Ct. App. 1992). · cites it 8× “Does the County avoid liability because its officers were under the "direction and control" of the City as provided by the Act (RCW 10.93.040)? Is there a genuine issue of material fact which precludes summary judgment? Washington Mutual Aid Peace Officer Powers Act In 1985, the…”
State v. Plaggemeier, 969 P.2d 519 (Wash. Ct. App. 1999). “In the case of a joint board, public agencies party to the agreement shall be represented; 9 Section 12 states: “The consents given in Section 10 above are not intended to reallocate, under RCW 10.93.040, the responsibility of the participating agencies for the acts or omissions…”
Worthington v. WestNET, 320 P.3d 721 (Wash. Ct. App. 2014). “The Interlocal Agreement cites RCW 10.93.040, which provides that any liability or claim arising through the exercise of an officer acting within her or his duty becomes the commissioning agency’s responsibility unless the officer acts under another agency’s direction and…”
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