Mya Tracy v. State of Washington

MEMORANDUM

Mya Tracy, as an individual and on behalf of her minor child, M.T. (collectively the Tracys), appeals the district court’s order granting summary judgment to defendants MultiCare Health System (Multi-Care) and its former employee, Jennifer Knight. The Tracys sued Knight and MultiCare for violations of 42 U.S.C. § 1983 and the Washington state tort of outrage, after Knight allegedly excluded Mya from M.T.’s medical examination.

The parties do not dispute that R.C.W. 4.16.080 provides the three-year statute of limitations governing Mya’s claim arising under 42 U.S.C. § 1983 . The same statute of limitations also governs Mya’s state law claim. See Milligan v. Thompson, 90 Wash.App. 586 , 953 P.2d 112, 115 (1998). Because Mya filed suit more than three years after her claims arose, and tolling does not apply, the district court properly granted summary judgment as to Mya.

Summary judgment was also appropriate with respect to M.T.’s § 1983 claim because even if the panel assumes that defendants were state actors they were entitled to qualified immunity since they did not violate a clearly-established federal right. See Pearson v. Callahan, 555 U.S. 223, 231-32 , 129 S.Ct.…