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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.

To download consultant Sam Pailca’s April 2007 report recommending independent oversight of the Spokane Police Department, see Pailca Report

To download Tim Connor’s 1981 investigation of police violence in Spokane, see Violent Cops?

To download the article about the then-police chief’s response, see Violent Cops Follow-up

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Center for Justice
Community Building
35 West Main, Suite 300
Spokane, Washington 99201
(509) 835-5211
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. 554