Fort v. State of Washington et al, No. 4:2020cv05053 - Document 33 (E.D. Wash. 2021)

Court Description: ORDER GRANTING MOTION TO DISMISS 4 . Plaintiff's Complaint is dismissed with prejudice. The file is CLOSED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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Plaintiff 13 would need to depose the ISRB panelists to determine whether they hypothetically 14 would have reached the same conclusions earlier. Plaintiff’s case presents exactly 15 the type of situation quasi-judicial immunity is intended to prevent. Parole board 16 officials cannot be expected to anticipate the need to defend their release 17 determinations from every dissatisfied prisoner. “[T]heir already difficult task of 18 balancing the risk involved in releasing a prisoner whose rehabilitation is uncertain 19 against the public's right to safety would become almost impossible” because “time 20 spent in depositions and on the witness stand defending their actions would leave ORDER GRANTING MOTION TO DISMISS ~ 8 Case 4:20-cv-05053-TOR ECF No. 33 filed 03/11/21 PageID.219 Page 9 of 9 1 these overburdened public servants with even less time to perform their crucial 2 tasks.” Sellars, 641 F.2d at 1303. The Court finds the ISRB’s actions relating to 3 Plaintiff’s release determination hearing fall squarely within the quasi-judicial 4 nature of the ISRB’s functions. Thus, defendants are entitled to protection under 5 quasi-judicial immunity. 6 ACCORDINGLY, IT IS HEREBY ORDERED: 7 1. Defendants’ Motion to Dismiss, ECF No. 4, is GRANTED. 8 2. Plaintiff’s Complaint is dismissed with prejudice. 9 The District Court Executive is directed to enter this Order, furnish copies to 10 11 counsel, enter judgment for all Defendants, and CLOSE the file. DATED March 11, 2021. 12 13 THOMAS O. RICE United States District Judge 14 15 16 17 18 19 20 ORDER GRANTING MOTION TO DISMISS ~ 9

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