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John J. CRUZ, Plaintiff-Appellee, v. CITY OF SPOKANE; Washington State Criminal Justice Training Commission, a state commission; Rick Bowen, Commander of the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; John Everly, Police Officer at the Spokane Police Department and Assistant Commander of the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; Art Dollard, Police Officer at the Spokane Police Department and TAC Officer at the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; Jake Jensen, Police Officer at the Spokane Police Department and TAC Officer at the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; Todd Belitz, Police Officer at the Spokane Police Department and TAC Officer at the Washington State Criminal Justice Training Commission Basic Law Enforcement Academy; Sue Rahr, Executive Director of the Washington State Criminal Justice Training Commission, Defendants-Appellants, Ferry County; City of Republic, a municipal corporation; Ray Maycumber, Ferry County Sheriff; Amy Rooker, Ferry County Chief Civil Deputy; Austin Hershaw, Police Officer at the Black Diamond Police Department; Patrick Rainer, Detective at the Ferry County Sheriff's Office, Defendants.
ORDER WITHDRAWING CERTIFIED QUESTION
ORDER
On April 28, 2023, we certified to the Washington Supreme Court a question relating to the proper scope of immunity provided by RCW 43.101.390. Dkt. No. 45. The Washington Supreme Court accepted the certified question on May 1, 2023. Dkt. No. 52. Thereafter, both the Washington Supreme Court and our court stayed proceedings while the parties engaged in mediation. Dkt. Nos. 55, 56.
On December 14, 2023, the parties filed a joint Stipulated Motion to Voluntarily Dismiss Appeal, Withdraw the Certified Question, and Remand for Dismissal. Dkt. No. 63. The Motion is hereby GRANTED.
Therefore, we now withdraw the prior certified question to the Washington Supreme Court. The matter is remanded for the district court to dismiss all claims against State Appellants. The Clerk of Court is ordered to transmit to the Washington Supreme Court, under official seal of the Ninth Circuit, this order. A copy of this order served on the district court shall act as and for the mandate of this court.
Each side shall bear their own costs.
It is so ORDERED.
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Docket No: No. 21-35912
Decided: December 26, 2023
Court: United States Court of Appeals, Ninth Circuit.
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