Wash. Rev. Code » Title 71 · Chapter 71.05

Wash. Rev. Code § 71.05.510

Damages for excessive detention

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Any individual who knowingly, willfully or through gross negligence violates the provisions of this chapter by detaining a person for more than the allowable number of days shall be liable to the person detained in civil damages. It shall not be a prerequisite to an action under this section that the plaintiff shall have suffered or be threatened with special, as contrasted with general damages.
[ 2018 c 201 s 3022; 1974 ex.s. c 145 s 30; 1973 1st ex.s. c 142 s 56.]

Notes:

Findings—Intent—Effective date—2018 c 201: See notes following RCW 41.05.018.
Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 2002–2023 · leading case: Beltran-Serrano v. City of Tacoma
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Beltran-Serrano v. City of Tacoma (2019) wash · cites it 2× “040 (failure to provide notice of rights to a child witness or victim); RCW 9.95.204 (supervision of misdemeanant offenders); RCW 4.”
In re Det. of A.C. (2023) wash · cites it 3× “In CM’s case, the State unsuccessfully argued that the legislature intended money damages under RCW 71.05.510,1 not dismissal, as a penalty for violation of the ITA.”
In re the Detention of C.W. (2002) wash “120 limits the liability of CDMHPs and ED staff to only those situations involving gross negligence and that RCW 71.05.510 is not applicable because it applies only to violations in which a person is held for more than the allowable number of days.”
In Re Detention of CW (2002) wash “120 limits the liability of CDMHPs and ED staff to only those situations involving gross negligence and that RCW 71.05.510 is not applicable because it applies only to violations in which a person is held for more than the allowable number of days.”
In re Det. of D.H. (2023) wash “RCW 71.05.510. As the State details in A.”
In re the Detention of Johnson (2014) washctapp “RCW 71.05.510; see also RCW 71.05.120. All these evaluations guard against holding detainees who are not in imminent danger of harming themselves or others.”
In Re The Detention Of N.G. And C.M. (2022) washctapp · cites it 5× “” RCW 71.05.510 states: “Any individual who knowingly, willfully or through gross negligence violates the provisions of this chapter by detaining a person for more than the allowable number of days shall be liable to the person detained in civil damages.”
Rawson v. Recovery Innovations, Inc (2022) wawd · cites it 2× “” RCW 71.05.510. Rawson asserts such a claim 3 in his operative complaint.”
Detention Of D.H. (2022) washctapp “RCW 71.05.510 states: “Any individual who knowingly, willfully or through gross negligence violates the provisions of this chapter by detaining a person for more than the allowable number of days shall be liable to the person detained in civil damages.”
State Of Washington v. June Johnson (2014) washctapp “RCW 71.05.510; No. 69322-1-1/10 see also RCW 71.”
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