Todd Foster v. State of Washington

MEMORANDUM

Plaintiff Todd Foster appeals the district court’s order granting judgment on the pleadings to Defendants State of Washington, Eldon Vail, and Joseph Lehman. Reviewing de novo, Kotrous v. Goss-Jewett Co. of N. Cal., 523 F.3d 924 , 929 (9th Cir.2008), we affirm.

On appeal, Plaintiff does not challenge the district court’s finding that “Plaintiff was not eligible for early release because he did not provide a valid release address pursuant to [Revised Code of Washington section] 9.94A.729(5)(b).” That holding conclusively undermines Plaintiffs claims. Plaintiffs failure to submit a valid application — and not any alleged miscalculation by Defendants of Plaintiffs early release date — was the cause of Defendants’ alleged failure to provide Plaintiff with release to community custody. See Harper v. City of Los Angeles, 533 F.3d 1010, 1026 (9th Cir.2008) (“In a § 1983 action, the plaintiff must ... demonstrate that the defendant’s conduct was the actionable cause of the claimed injury.”); Bernethy v. Walt Bailor’s, Inc., 97 Wash.2d 929 , 653 P.2d 280, 282 (1982) (holding that, to establish a claim of negligence, a plaintiff must establish, among other things, that “there…