Location and Hours

Community Building
35 West Main, Suite 300
Spokane, Washington 99201
(509) 835-5211

The Center for Justice is open Monday through Friday from 8 a.m. to 5 p.m., except during the noon hour and on court holidays.

About Our Cases

As we pursue our mission to create the experience of justice for those of limited or no resources, we engage a variety of issues including law enforcement misconduct, public records/open meetings, the first amendment, family rights, discrimination, and environmental protection.

After a cross was burned on the Anderson family’s front lawn in Elk, Washington four years ago, the Center’s lawyers working with the Northwest Fair Housing Alliance brought a civil rights suit in federal court that eventually resulted in a substantial monetary settlement for the family.

Below are some cases that illustrate the type of work we do.

Law Enforcement Misconduct

State v. Charles McNabb, superior court no. 03-1-01961-6, court of appeals no. 22939-4-III: Defending competent person’s right to refuse food and medical treatment while detained pending trial and challenging constitutionality of force-feeding order. Washington Supreme Court ruled 8-1 on April 10, 2008 that the state’s interest in applying the Department of Corrections’ force-feeding policy “outweigh his [McNabb's] right to refuse artificial means of nutrition and hydration.” Read majority opinion here. Read dissent here.

Christopher Ostrander v. T.H. Madsen et al., federal district court no. CS-99-0017-WFN, 9th Cir. court of appeals no. 00-35506, 00-35538, 00-35541: Civil rights action for police brutality. On First Amendment and other grounds, 9th Circuit affirmed dismissal of counterclaims for defamation and malicious prosecution. Settlement, including compensation, negotiated after remand. Reply Brief: Ostrander v. Madsen

State v. Dayna Christoph, court of appeals no. 19112-5-III: The Center represented Ms. Christoph in vacating juvenile conviction based on coerced false confession and ineffective assistance of counsel in failing to discover overwhelming evidence of innocence. On appeal by state, court of appeals affirmed order vacating illegal conviction. Reply Motion to Vacate: State v. Dayna Christoph

State v. Randy McReynolds, 117 Wn. App. 309, 71 P.3d 663 (2003): Filed amicus brief for Washington Association of Criminal Defense Lawyers on proper unit of prosecution for possession of stolen property. In published opinion, court of appeals adopted arguments from amicus brief, curbing power of overzealous prosecutors to stack duplicative charges. Amicus Brief: State v. Randy McReynolds

Katherine Knox; Donald Westerman v. Spokane County District Court, superior court no. 00-20585-8-1, and court of appeals no. 19951- 7-III: Represented city and county public defenders in obtaining writ of mandamus ordering district court to comply with state-mandated procedures for appointment of counsel in criminal cases. The writ redressed systemic denial of the constitutional right to counsel. Brief: Knox/Westerman v. Spokane County District Court

Public Records/Open Meetings

Center for Justice represents Rhubarb Sky LLC, which publishes Camas Magazine, an independent online magazine. Camas has published the award-winning investigative reporting of Tim Connor and Larry Shook on River Park Square, convention center expansion, and other issues.

Rhubarb Sky LLC v. Spokane Parking Public Development Authority et al., superior court no. 03-20829-7-7: Complaint alleged violation of Open Public Meetings Act. Resolved by settlement agreement. The agency has since been disbanded.

Rhubarb Sky LLC v. Department of Housing and Urban Development, federal district court no. CS-03-193-FVS: Freedom of Information Act case against federal agency for illegal withholding of documents concerning controversial “section 108” loan to River Park Square developer, subsidized by federal guarantee and backed by city’s community development block grant appropriations. Documents produced and attorneys fees awarded on summary judgment. Reply Brief: Rhubarb Sky LLC v. Department of Housing and Urban Development

Tim Connor & Rhubarb Sky LLC v. City of Spokane, superior court no. 01-20366-5-8: Public records suit against city for illegal withholding of documents concerning River Park Square. Court found city committed multiple violations of the state public records act and awarded penalties, costs and attorney fees. Center for Justice was co-counsel with Hagens Berman LLC, a major plaintiffs’ class action law firm.

Spokane Research & Defense Fund; Rhubarb Sky LLC v. City of Spokane, court of appeals no. 21729-9-III: Center for Justice intervened in SRDF’s action for public disclosure against city, which sought documents also withheld from Camas. As co-counsel with Hagens Berman and Towsley, Brain, Stephens PLLC, Center for Justice appealed adverse superior court and appellate court decisions to supreme court arguing that illegally withheld documents were first sought by Tim Connor and Rhubarb Sky. Court reversed unanimously and remanded case to superior court. Case settled in late 2006 with apology from City of Spokane and payment of penalties, costs and attorney fees.

Harrington v. City of SeaTac, King County Superior Court (2002): Forced City to turn over documents related to curfew ordinance. One of a series of five successful cases requesting similar documents against small cities in Washington.

First Amendment

Eugster v. Big Hat No Cattle LLC, dba The Local Planet Weekly, superior court no. 02-2-06276-2: Successfully defended First Amendment rights of independent alternative weekly newspaper against libel action brought by city council member.

Donald Ausderau & Peace and Justice Action League of Spokane v. Spokane Transit Authority, federal district court no. CS-03-199-RHW: Challenged transit authority rules of conduct restricting free speech rights on sidewalks surrounding downtown transit plaza and reached favorable settlement.

Family Rights

In re Custody of Angelo. The Center and co-counsel Andrea Poplawski represent Holly Cork, the natural mother of Angelo, in a longstanding child custody case. Angelo was born in Montana and was placed in foster care in that state. After the Montana Supreme Court awarded custody to Holly Cork in 2001, the Montana foster parents brought suit in Washington and prevailed. Holly Cork contends that because the Montana courts made numerous custody determinations involving Angelo they should retain jurisdiction in the matter and the Washington courts should defer. Throughout the litigation, Holly has had continuous visitation with Angelo. The case is now before Washington Supreme Court where oral arguments were heard in February 2008. Washington Supreme Court No. 79938-5

Hanneman v. State of Washington. The Center for Justice assisted Lisa Hanneman in regaining custody of her disabled son after the death of her son’s father, who had previously held custody.

State and county agencies denied access to Lisa because she’d sought mental health treatment several years previously, this despite the fact that she was under a doctor’s care and was successfully parenting two other children. The Center intervened to get her temporary and then full custody of her son. Moreover, the Center filed suit to change the policies that the agencies invoked to deny access in the first place. Not only were the changes in policy accomplished but the agencies agreed to a monetary settlement that will help Lisa and her children.

Andersen v. King County (formerly Andersen v. Sims). The Center filed an amicus brief on behalf of the children of same sex couples arguing that same sex marriage should be recognized as a constitutional right in Washington for the benefit of the children of same sex couples. Despite a superior court ruling in favor of the plaintiffs (the first such ruling by a U.S. trial court) the Washington Supreme Court issued a 5 to 4 decision against the plaintiffs in July 2006. Washington State Supreme Co. No. 75934-1

Discrimination

Gary Lobe and Farmers Insurance. Because of a disability Gary Lobe needs a wheelchair. After his specially equipped van was destroyed by another driver, Gary lost the ability to drive simply because the insurance company was at first unwilling to pay to replace his vehicle with another that would accommodate his wheelchair. After the Center for Justice prepared a lawsuit on Gary’s behalf, the insurance company agreed to settle and pay for the cost of renting a suitably equipped vehicle. Farmers also informed the Center that it was changing its policy, and would, in future such instances, pay the cost of specially equipped vehicles when they are available to be rented.

Environmental Protection

Among the Center for Justice’s first clients was the remarkable citizen group Save Our Summers (SOS) that has won several battles in the past decade to protect eastern Washington residents from the harmful health effects of smoke from field burning.

Save Our Summers v. Washington State Department of Ecology, Federal Court for Eastern District of Washington, CS-99-269-RHW, 9th Cir. case # 01-35632. SOS and individuals sued Ecology for implementing its wheat stubble burning program in a manner that violated the Americans with Disabilities Act and Rehabilitation Acts. Specifically, plaintiffs claimed that by permitting over 200,000 acres of wheat stubble to be burned each fall, Ecology’s program was prohibiting individuals with asthma or cystic fibrosis from participating in basic public accommodations. Case dismissed in federal district court. Appealed to the 9th Circuit, but settled and dismissed before heard by the 9th Circuit. Settlement included significantly limiting acres burned on any given day, health studies, and ultimately new rulemaking. The new rules went into effect in 2007 and have drastically reduced public complaints about agricultural burning in Washington.

The Spokane River (here flowing through the Bowl & Pitcher) has become the main focus of the Center’s environmental protection efforts. We work closely with our client, the Sierra Club’s Upper Columbia River Group.

Pakootas v. Teck Cominco, 452 F.3d 1066 (9th Cir. 2006), cert denied 128 S.Ct. 858 (2008): Center represented Sierra Club and Sierra Club of Canada as friends of the court in appeals involving the liability of Teck Cominco, a Canadian mining company with a smelter in Trail, B.C., for cleanup under the U.S. Superfund law of Lake Roosevelt. Ninth Circuit ruled that Teck Cominco was responsible for the cleanup of the site as it was entirely within the U.S. To read opinion, click here.

Sierra Club v. Avista, Permit No.95-09109 (Administrative Appeal before Idaho Department of Water Resources): Appeal of water right application by Avista for a power plant on the Rathdrum Prairie in Idaho. As a result of the appeal, Avista voluntarily withdrew application.

Sierra Club v. City of Spokane: Sierra Club filed 60-day notice of intent to sue the City of Spokane for unlawful sewer overflows into the Spokane River. Settlement discussions are currently underway to resolve this dispute.

Avista Corp. v. U.S.Bureau of Indian Affairs, Docket No. DCHD 2007-01 (FERC Project Nos. 2545,12606) (Decision, January 8, 2007): Appeal by Avista of environmental conditions imposed by the Bureau of Indian Affairs to protect Lake Couer d’Alene from the impacts of Post Falls Dam. The Center represented Sierra Club as an intervenor in the proceeding. Judge Pearlstein issued a decision affirming the facts supporting most of Interior’s conditions, finding that Post Falls dam does indeed affect water temperatures and dissolved oxygen levels of the lake, contributes to shoreline erosion and loss of wetlands, and also adversely effects tribal cultural resources

Conservation

Defenders of Wildlife v. Martin, Case No CV-05-248-RHW (Eastern District of Washington): Center acted as local counsel for coaltiion of conservation groups. US District Judge Whaley issued a sweeping ruling that the Forest Service is violating the Endangered Species Act in failing to protect woodland caribou in North Idaho from snowmobiles. The court also issued an expanded injunction closing most of the caribou recovery zone to protect caribou.

Stevens County v. Department of Interior, Case No 06-cv-00156-EFS (Eastern District of Washington): Center acted as local counsel for Defenders of Wildlife and Friends of the Little Pend Oreille National Wildlife Refuge in their intervention into challenge of cattle grazing ban on the Little Pend Oreille National Wildlife Refuge. Judge Shea ruled in favor of the conservation groups and Department of Interior upholding the ban on grazing in the refuge.

Land Use

Five Mile Prairie activist and Center for Justice client Kathy Miotke works to enforce the Growth Management Act and other state and local land use planning laws to prevent urban sprawl and environmental degredation.

Miotke v. Spokane County: Eastern Washington Growth Management Hearing Board, Washington Court of Appeals, Division 3: Successful appeal of Spokane County’s 2005 Comprehensive Plan Amendments expanding the Urban Growth Area on Five Mile Prairie. Oral arguments heard April 23, 2008.

McHugh v. Spokane County: Eastern Washington Growth Management Hearing Board, Washington Court of Appeals, Division 3: Successful appeal of Spokane County’s 2006 Comprehensive Plan Amendments expanding the Urban Growth Area on the West Plains (Flint Road). Oral arguments heard April 23, 2008.