Donaldson v. City of Seattle

Leola Washington (Leola) was in a violent domestic relationship with Steven Barnes. Both were serious drug addicts, which hindered Leola’s ability to leave Barnes and protect herself from abuse. In May and August 1985, Leola obtained protective and no-contact orders against Barnes, but the orders were not reflected in court records. Barnes and Leola continued to contact each other. In December 1985, the two had a terrible argument after a night of doing drugs together, and Barnes threatened to kill Leola. Leola called Seattle police officers for help, and the officers responded to her home. Barnes had left the area and was not present. Leola indicated to officers that Barnes had violated a no-contact order, but the officers could not find a copy of the order in their computer system. Leola also provided the officers with the home address of Barnes’s mother but told officers that Barnes was unlikely to go to his mother’s house. The officers searched the area and did not locate Barnes. The officers offered to take Leola to a shelter or other safe place, but she declined. Two days later, Barnes found Leola at her mother’s house and stabbed Leola to death. Leola’s estate (plaintiff) sued the City of Seattle and other parties (defendants) for wrongful death. Following the presentation of evidence to a jury, the city moved to dismiss the claims against the city, which were premised on the officers’ failure to perform a mandatory duty to arrest Barnes under the Domestic Violence Protection Act (the act). The court denied the motion, and the jury returned a verdict in favor of Leola’s estate. The city appealed.