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YOUNG v. DUENAS

No. 66969-9-I.

262 P.3d 527 (2011)

164 Wn. App. 343

Chris YOUNG as an individual person and as the personal representative of the Estate of Jeffry Young, Appellant, v. Joe DUENAS, chief of tribal police and Benjamin R. Isadore, security officer, Defendants, Joseph S. Fitzpatrick, police officer; Christopher E. Dausch, police officer; John Scrivner, police officer; and John Doe(s), additional police officers, Respondents.

Court of Appeals of Washington, Division 1.

Publication Ordered October 10, 2011.

Attorney(s) appearing for the Case

Yale Lewis, III , Law Offices of O. Yale Lewis III, Seattle, WA, for Appellant.

Ann Crary McCormick , Forsberg & Umlauf, PS, Seattle, WA, for Respondents.

APPELWICK, J.

¶ 1 Chris Young appeals the trial court's CR 12(b)(1) dismissal of his claims for lack of subject matter jurisdiction. He argues that the defendant tribal police officers present at the time of his brother's death are not protected by the Puyallup Tribe's sovereign immunity and that the state should have subject matter jurisdiction over the case. Because the officers acted in their official capacity and within the scope of the tribe's authority...

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