Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Preston v. Boyer

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

October 23, 2019

ROBERT JOHN PRESTON, Plaintiff,
v.
RYAN BOYER, et al., Defendants.

          ORDER ON PLAINTIFF'S MOTION TO EXCLUDE EXPERT TESTIMONY, MOTION TO STRIKE, AND MOTION TO SEAL

          MARY ALICE THEILER UNITED STATES MAGISTRATE JUDGE

         I. INTRODUCTION

         In this 42 U.S.C. § 1983 action, plaintiff Robert Preston alleges that defendant Ryan Boyer, now a Sergeant with the Snohomish County Sheriff's Office, used excessive force against him in July 2014 and that Snohomish County was negligent in hiring and retaining Sergeant Boyer.[1]Currently before the Court are Plaintiff's motion to exclude certain opinions offered by the County's expert witness, Colleen Wilson (Dkts. 171 (redacted), 173 (sealed)), motion to strike portions of the County's response brief (Dkt. 181), and motion to seal (Dkt. 170). Having considered the parties' submissions, the balance of the record, and the governing law, the Court GRANTS in part and DENIES in part the motion to exclude, and GRANTS the motions to strike and seal.

         II. BACKGROUND

         Colleen Wilson is an experienced law enforcement executive who led three different police departments during her 23 years as a police chief. (Dkt. 172 at 6.) During her career, she hired approximately 60 police officers in Washington State and 20 civilian employees, and reviewed approximately twice that many background investigations. (Id. at 7.) The County retained her to review its hiring of Sergeant Boyer, as a transfer from the City of Snohomish, “particularly as related to the background process and hiring decision by the Snohomish County Sheriff's Office in late 2011.” (Id. at 6.) Ms. Wilson based her opinion on a review of Sergeant Boyer's personnel file, other relevant documents the County provided to her, sections of the Revised Code of Washington, published information on the disqualifiers used by police agencies in Washington, and the Washington law enforcement accreditation standards from the Washington Association of Sheriffs and Police Chiefs.[2] (Id. at 7.)

         Plaintiff challenges the following opinions in Ms. Wilson's expert report:

         (1) “The process that Deputy Boyer participated in and passed not only complied with the Revised Code of Washington and Washington Administrative Codes for law enforcement candidate processing, but also complied with current State law enforcement accreditation standards.” (Id. at 10.)

         (2) “The Snohomish County Sherriff's Office decision to hire then Snohomish Officer Ryan Boyer complied with the applicable laws and codes of the State of Washington.” (Id. at 11.)

         (3) “The Snohomish County Sheriff's Office had a statutory obligation to hire [Sergeant Boyer] if he met their minimum qualifications for hire.” (Id.)

         (4) “No disqualifiers were found in the investigation so the decision to hire was appropriate under the law.” (Id.)

         (5) “Snohomish County's background check complied with [RCW 43.101.095].” (Id. at 9.)

         (6) “In compliance with the law, [Sergeant Boyer] was also required to take a medical examination, a psychological examination and a polygraph to confirm his responses in the background investigation.” (Id.)

         (7) “RCW 43.101.095 requires certification of Peace Officers in Washington State.” (Id.)

         (8) “The Snohomish Police Department services were to be contracted to the Sheriff's Office pursuant to ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.