As amended by order of the Court of Appeals June 24, 2014.
Appeal from Thurston Superior Court. Docket No: 12-2-01330-3. Date filed: 10/26/2012. Judge signing: Honorable H Christopher Wickham.
Ladonna M. Jones (of The Law Office of L.M. Jones LLC ); and Russell M. Odell, for appellants.
Robert W. Ferguson, Attorney General, and Douglas W. Carr, Assistant, for respondents.
AUTHOR: Jill M Johanson, J. We concur: Lisa Worswick, C.J., Linda CJ Lee, J.
[180 Wn.App. 880] [As amended by order of the Court of Appeals June 24, 2014.]
[180 Wn.App. 881] ¶ 1 Shawn Greenhalgh and James Pfaff appeal the superior court's summary dismissal of their claims against the Department of Corrections (DOC). Greenhalgh and Pfaff argue that (1) RCW 72.02.045(3) and WAC 137-36-060 require DOC to store their previously authorized property until their release; (2) DOC's revised policy 440.000 (DOC 440.000) constitutes impermissible and unconstitutional forfeiture under RCW 9.92.110 and Wash. Const. art. I, § 15; and (3) DOC violated state and federal due process when it deprived them of their previously authorized property.
¶ 2 We hold that the superior court did not err in dismissing Greenhalgh and Pfaff's claims because the State is entitled to judgment as a matter of law. There is no statutory requirement that DOC store all inmate property, Greenhalgh and Pfaff were not subject to illegal forfeiture of their property, and DOC gave them adequate due process. Therefore, we affirm the superior court's summary judgment order.
¶ 3 In January 2009, DOC informed its inmates that it amended DOC 440.000 to eliminate inmate possession of excess or unauthorized ...