Wash. Rev. Code » Title 70 · Chapter 70.395

Wash. Rev. Code § 70.395.070

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(1) A detained person aggrieved by a violation of this chapter has a right of action in superior court and may recover for each violation as follows:
(a) Against any person who negligently violates a provision of this chapter, $1,000, or actual damages, whichever is greater, for each violation;
(b) Against any person who intentionally or recklessly violates a provision of this chapter, $10,000, or actual damages, whichever is greater, for each violation;
(c) Reasonable attorneys' fees and costs if the detained person is the prevailing party; and
(d) Other relief, including an injunction, as the court may deem appropriate. Injunctive relief may be issued without bond in the discretion of the court, notwithstanding any other requirement imposed by statute.
(2) Any action under this chapter is barred unless the action is commenced within three years after the cause of action accrues.
(3) For the purposes of this section, "person" means an owner, operator, contractor, subcontractor, or employee of a private detention facility.
(4) The state and its agencies are not liable for a violation of this chapter.
[ 2023 c 419 s 5.]

Notes:

Effective date—Construction—2023 c 419: See notes following RCW 42.56.475.
Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2024–2025 · leading case: The GEO Group Inc v. Inslee
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The GEO Group Inc v. Inslee (2024) wawd · cites it 6× “18 HB 1470 § 5 (codified as RCW 70.395.070) creates a right of action for detained 19 persons aggrieved by a violation of chapter 70.”
The GEO Group Inc v. Inslee (2024) wawd “17 RCW 70.395.070. 18 The State contends that “Section 5 does not give enforcement authority to 19 Attorney General Ferguson or Governor Inslee—the two Defendants in this action.”
The Geo Group, Inc. v. Inslee (2025) ca9 “Wash. Rev. Code § 70.395.070 . Section 5 provides no cause of action to the Attorney General or Governor.”
— Wash. Rev. Code § 70.395.070(1) — 1 case
The GEO Group Inc v. Inslee (2024) wawd “18 HB 1470 § 5 (codified as RCW 70.395.070) creates a right of action for detained 19 persons aggrieved by a violation of chapter 70.”
— Wash. Rev. Code § 70.395.070(1)(a) — 1 case
The GEO Group Inc v. Inslee (2024) wawd “18 HB 1470 § 5 (codified as RCW 70.395.070) creates a right of action for detained 19 persons aggrieved by a violation of chapter 70.”
— Wash. Rev. Code § 70.395.070(4) — 1 case
The GEO Group Inc v. Inslee (2024) wawd “18 HB 1470 § 5 (codified as RCW 70.395.070) creates a right of action for detained 19 persons aggrieved by a violation of chapter 70.”
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