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Robinson v. South Sound 911

United States District Court, W.D. Washington, Tacoma

March 8, 2018

BARBARA STUART ROBINSON, Plaintiff,
v.
SOUTH SOUND 911, Defendant.

          ORDER GRANTING DEFENDANT'S 12(B)(6) MOTION TO DISMISS

          HONORABLE RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE

         THIS MATTER comes before the Court on Defendant's 12(b)(6) Motion to Dismiss Plaintiff's Complaint [Dkt. #9], and the Court having considered the following:

1. Defendant's 12(b)(6) Motion to Dismiss Plaintiff's Complaint;
2. Declaration of Robert W. Novasky in Support of Defendant's Motion to Dismiss Plaintiff's Complaint;
3. Plaintiff's Response to Defendant's Motion to Dismiss; and
4. Defendant's Supplemental Brief.

         This case arises from two 911 calls placed by Plaintiff Barbara Stuart Robinson because an auto repair shop was withholding her vehicle. Defendant South Sound 911 ("Defendant") answered Plaintiff's 911 calls but refused to dispatch police officers. Plaintiff claims that Defendant violated Article III of the United States Constitution, breached an alleged fiduciary duty under 29 U.S.C. § 1109, violated RCW 5.40.050, and violated RCW 38.52.010, 38.52.020, and 38.52.080. For the reasons set forth below, the Complaint fails to state a claim under any of these theories, and the Complaint is dismissed.

         The Complaint alleges the following material facts. At 5:20 p.m. on December 8, 2012, Plaintiff placed a 911 call, which was answered by Defendant. Plaintiff advised Defendant that non-party A1 Transmissions refused to release Plaintiff's vehicle to her. Defendant told Plaintiff that it would not dispatch the police in response to her request because the dispute was not criminal in nature. At about 6:00 p.m., Plaintiff placed a second call to 911, which was answered by Defendant. Defendant again refused to dispatch the police.

         On December 11, 2017, Plaintiff filed her Complaint in the Superior Court of the State of Washington for Pierce County. The Complaint asserts the following causes of action:

CAUSE OF ACTION: 38.52.020 Declaration of policy and purpose
1. Violation of Declaration of Service - Washington State - Policy and Purpose Outside Aid - Rights and Liabilities - Claims of Emergency Management
2. Violation of the United States Constitution 3 - Deprivation of Civil Rights - Personal Rights
3. Breach of Duty RCW 5.40.050
4. Abridged Civil Rights in Violation of State Law RCW ...

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