Campbell
Campbell v. STATE OF WASHINGTON DSHS
Opinion
Opinion
BYBEE, J.
Shayne Christopher Stevenson and David P. Moody, Hagens Berman Sobol Shapiro, Seattle, WA, for the appellant.
Stewart A. Estes, Keating, Bucklin & McCormack, Seattle, WA, Andrew Logerwell, Assistant Attorney General, Office of the Attorney General, Olympia, WA, for the appellees.
Before: BETTY B. FLETCHER and JAY S. BYBEE, Circuit Judges, and CLAUDIA WILKEN, District Judge. [*]
Opinion by Judge BYBEE; Dissent by Judge B. FLETCHER.
BYBEE, Circuit Judge:
Plaintiff Loraine Campbell appeals the district court's grant of summary judgment in favor of Defendants Sonja Pate, Lashonda Mitchell, and Murine McGenty, [1] employees of the State of Washington's State Operated Living Alternative ("SOLA") program. Defendants were responsible for the care of Campbell's 33-year-old developmentally delayed daughter, Justine Booth, at the time Justine was found unconscious in her bathtub. Justine died one week later. Campbell sued Defendants on behalf of herself and Justine's estate under 42 U.S.C. § 1983 , alleging that Defendants deprived Justine of her Fourteenth Amendment substantive due process right to safe physical conditions while in involuntary state custody. [2]