Date: 11-09-2021

Case Style:

Donovan Allen v. State of Washington

Case Number: 541-6-II

Judge: Lee

Court: Supreme Court of Washington

Plaintiff's Attorney: Cowlitz County Washington District Attorney and Washington Attorney General's Office

Defendant's Attorney:

Description:
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTONDIVISION IIDONOVAN ALLEN,No. 54172-6-IIAppellant,v.STATE OF WASHINGTON,PUBLISHED OPINIONRespondent.LEE,C.J.—Donovan Allen appeals the trial court’s order granting summary judgmentin favor of the State, which dismissed his claim under the Wrongly Convicted Persons Act (WCPA), chapter 4.100 RCW. Allen spent 13 years in prison for a crime that deoxyribonucleic acid (DNA)later proved he did not commit. He subsequently sued the City of Longview and several City employees, andhesettled thatlawsuit for $3 million. Just before settling with the City, Allen brought a WCPA claim against the State, which the trial court subsequently dismissed under RCW 4.100.080 because he already had received a remedy. Allen argues that the trial court erred by applying CR 56 procedures for summary judgment to his WCPA claim and by granting summary judgment because the State was not entitled to judgment as a matter of law. We hold that the trial court did not err by applying CR 56 procedures for summary judgment to Allen’s WCPA claim. We also hold that the trial court did not err in granting summary judgment because Allen does not have a viable WCPA claim as a matter of law. Accordingly, we affirm the trial court’s order granting summary judgment. FiledWashington StateCourt of AppealsDivision TwoNovember 9, 2021
No. 54172-6-II2FACTSA.ALLEN’S CONVICTION,DISMISSAL,AND SETTLEMENT WITH THE CITY OF LONGVIEW In October 2002, Allen was convicted of first degree murder. Hewas sentenced to life in prison without the possibility of parole. In May 2015, the Washington State Patrol Crime Lab conducted post-conviction DNA testing on various items of evidence in Allen’s case. The testing excluded Allen as the source of DNA found at the scene of the crime. Based on the new exculpatory DNA evidence, Allen moved for a new trial, which was granted. On December 2, 2015, Allen was released from custody. And in July 2016, the trial court dismissed Allen’s first degree murder charge. On October 30, 2017, Allen brought an action against the City. Allen alleged that the City and numerous employees of the City were responsible for his wrongful conviction for first degree murder. On January 16, 2019, Allen entered into a $3millionsettlement with the City and several employees of its police department. Under the terms of the settlement agreement, Allen agreed to release any claims against the City and numerous city employees. Allen received his settlement proceeds on January 29, 2019. B.ALLEN’S WCPACLAIMANDPROCEDURAL HISTORYOn December 18, 2018, Allen filed this WCPA claim in Cowlitz County Superior Court seeking compensation from the State for his wrongful conviction for first degree murder.
No. 54172-6-II3On May 1, 2019, the State filed a motion for summary judgment, asking the trial court to dismiss Allen’s WCPA claim. The State argued that Allen’s claim for compensation is barred under the WCPA because of his settlement agreement with the City.1In response, Allen argued that his WCPA claim is a special proceeding under CR 81, and therefore, CR56 did not apply. Allen also argued that the State’s basis for dismissal was improper because the only basis for dismissal under the WCPA is a claimant’s failure to satisfy statutory filing requirements or failure to establish the legal elements of a WCPA claim. On October 31, the trial court ruled that CR 56 applied. The trial court also ruled that Allen no longer had a viable WCPA claim because of his settlement agreement with the City. Accordingly, the trial court granted the State’s motion for summary judgment and dismissed Allen’s WCPA claim. On February 13, 2020, Allen moved for reconsideration of the trial court’s order granting summary judgment. In his motion for reconsideration, Allen asked the trial court for an order declaring his innocence and to order re-entry services and tuition benefits under the WCPA. The trial court denied Allen’s motion as untimely. Allen appeals. 1Initially, the State filed a motion to dismiss. But because the State introduced evidence of Allen’ssettlement agreement, which is beyond the pleadings, the trial court convertedthe State’s motionto dismisstoa motion for summary judgment. See Brummett v. Washington’s Lottery, 171 Wn. App. 664, 673, 288 P.3d 48(2012), review denied, 176 Wn.2d 1022 (2013).
No. 54172-6-II4ANALYSISA.THE TRIAL COURT DID NOT ERR BY PROCEEDING UNDER CR56Allen argues that actions under the WCPA are “special proceedings”within the meaning of CR 81(a), and therefore, the trial court erred by applying CR 56 procedures for summary judgment rather than the statutory provisions governing dismissal of claims under the WCPA. We disagree.1.Legal Principles—Statutory Interpretation And CR 81Allen’s argument requires statutory interpretation. Statutory interpretation is a question of law we review de novo. Jametsky v. Olsen,179 Wn.2d 756, 761, 317 P.3d 1003 (2014). The primary goal of statutory interpretation is to determine and give effect to the legislature’s intent. Id.at 762. To determine legislative intent, we first look to the plain language of the statute. Id. “If the statute’s meaning is plain on its face, wegive effect to that plain meaning as the expression of what was intended.”TracFone Wireless, Inc. v. Dep’t of Revenue,170 Wn.2d 273, 281, 242 P.3d 810 (2010). In conducting a plain language analysis, we will not read statutory provisions in isolation. Cannabis Action Coal.v. City of Kent, 180 Wn. App. 455, 477, 322 P.3d 1246 (2014), aff’d, 183 Wn.2d 219, 351 P.3d 151 (2015). Rather, “‘[w]econstrue an act asa whole, giving effect to all the language used. Related statutoryprovisions are interpretedin relation to each other and all provisions harmonized.’”Id.(quoting C.J.C. v. Corp. of Catholic Bishop of Yakima,138 Wn.2d 699, 708, 985 P.2d 262 (1999)(plurality opinion)).
No. 54172-6-II5The WCPA is codified under chapter 4.100 RCW and is civil in nature. Incivil proceedings, the civil rules “govern the procedure in the superior court in all suits of a civil nature.”CR 1. Generally, CR 56 provides that summary judgment is proper when there are no genuine issues of material fact remaining and the moving party is entitled to judgment as a matter of law. CR 56(c). However, if the proceeding at issue is a “special proceeding,”and the statutory provision at issue conflicts with the general civil rules, then under CR 81, the statutory procedure governs. SeeIn re Det. of Meints, 123 Wn. App. 99, 103, 96 P.3d 1004 (2004).CR 81(a) provides that[e]xcept where inconsistent with rules or statutes applicable to special proceedings, these rules shall govern all civil proceedings. Where statutes relating to special proceedings provide for procedure under former statutes applicable generally to civil actions, the procedure shall be governed by these rules.(Emphasis added.) The term “special proceeding”is not further defined in the court rules. Putmanv. Wenatchee Valley Medical Ctr., P.S., 166 Wn.2d 974, 981, 216 P.3d 374 (2009). In Putman, our Supreme Court defined “special proceedings”to include only those proceedings created or completely transformed by the legislature. This would include actions unknown to common law (such as attachment, mandamus, or certiorari), as well as those where the legislature has exercised its police power and entirely changed the remedies available (such as the workers’compensation system).Id.at 982. “Washingtoncourts have identified certain actions as special proceedings, including lien foreclosures, sexually violent predator petitions, garnishment, will contests, and unlawful detainer actions.”Id.at 981.
No. 54172-6-II62.Actions Under The WCPA Are “Special Proceedings”Allen contends that actions under the WCPA are “special proceedings.”We agree. In 2013, the Washington StateLegislature enacted the WCPA. LAWS OF2013, ch. 175. The legislature recognized that “[a] majority of those wrongly convicted in Washington state have no remedy available under the law for the destruction of their personal lives resulting from errors in our criminal justice system.”RCW 4.100.010. Accordingly, the WCPA was enacted “to provide an avenue for those who have been wrongly convicted in Washington state to redress the lost years of their lives, and help to address the unique challenges faced by the wrongly convicted after exoneration.”RCW 4.100.010. The WCPA created a statutory right of action for those wrongly convicted. SeeRCW 4.100.010. Specifically, the WCPA permits “[a]ny person convicted in superior court and subsequently imprisoned for one or more felonies of which he or she is actually innocent [to] file a claim . . .against the state.”RCW 4.100.020(1). Under the WCPA, wrongly convicted persons have a right to file a claim for compensation and other noneconomic benefits against the State, subject to certain requirements. SeeRCW 4.100.020(1),.040(1)-(4), .060. Because a “special proceeding”includes proceedings “created or completely transformed by the legislature . . . as well as those where the legislature . . . entirely changed the remedies available,”and because the WCPA created a statutory right of action for wrongly convicted individuals to seek compensation and other noneconomic benefits from the State that was previously unavailable, an action under the WCPA qualifies as a “special proceeding”under CR 81(a). Putman, 166 Wn.2d at 982; see RCW 4.100.060(5), (10). However,as discussed below,
No. 54172-6-II7even though a WCPAactionis a “special proceeding”under CR 81(a), the trial court did not err by proceeding under CR 56(c). 3.Trial Court Did Not ErrBy Proceeding Under CR 56(c)—No Inconsistency Allen contends that, because actions under the WCPA are “special proceedings”within the meaning of CR 81(a), the text of the statute should govern the permissible bases for dismissal rather than the “background civil rules.”Br. of Appellant at 5. Specifically, Allen argues that RCW 4.100.040 and RCW 4.100.060 provide the onlypermissible bases for dismissal at the pre-trial stage, and by utilizing CR 56(c) procedures for summary judgment, the trial court erred. We disagree. RCW 4.100.040 sets forth certain requirements in order for a WCPA claimant to have an “actionable claim.”RCW 4.100.040(1). RCW 4.100.040 requires a claimant to establish that they meet certain filing requirements “by documentary evidence.”RCW 4.100.040(1)(a)-(d). In addition to these requirements, a claimant must also “state facts in sufficient detail”that the claimant did not “engage in any illegal conduct alleged in the charging documents”or “commit or suborn perjury, or fabricate evidence to cause or bring about the conviction.”RCW 4.100.040(2)(a), (b). A claimant must also independently verify their claim. RCW 4.100.040(4). “If the attorney general concedes that the claimant was wrongly convicted, the court must award compensation as provided in RCW 4.100.060.”RCW 4.100.040(5). On the other hand, [i]f the attorney general does not concede that the claimant was wrongly convicted andthe court finds after reading the claim that the claimant does not meet the filing criteria set forth in this section, [the court] may dismiss the claim, either on its own motion or on the motion of the attorney general.RCW 4.100.040(6)(a) (emphasis added).
No. 54172-6-II8RCW 4.100.060 provides the legal elements and burden of proof that a claimant must establish in order to prevail on a WCPA claim. RCW 4.100.060(1)(a)-(e). If a claimant establishes the statutory requirements of RCW 4.100.060(1)(a)to (e) by clear and convincing evidence, then “the court must order the state to pay the actually innocent claimant”compensation outlined in RCW 4.100.060(5)(a)to (e), subject to the limitation set forth in RCW 4.100.060(4). RCW 4.100.060(5). However, if the claimant fails to establish the legal elements set forth in RCW 4.100.060(1)(a)to (e), then their claim fails and theclaimant is not entitled to compensation. SeeRCW 4.100.060(1).Here, the State did not seek dismissal based on Allen’s failure to observe the WCPA filing requirements or evidentiary requirements in RCW 4.100.040 and RCW 4.100.060 discussed above. Instead, the State sought dismissal based on Allen’s failure to meet RCW 4.100.080(1)’s exclusive remedy and waiver provision because of his settlement agreement with the City. RCW 4.100.080(1) provides in relevant part that[i]t is the intent of the legislature that the remedies and compensation provided under this chapter shall be exclusive to all other remedies at law and in equity against the state or any political subdivision of the state. As a requirement to making a request for relief under this chapter, the claimant waives any and all other remedies.Allen contends that RCW 4.100.080(1) is not a proper basis for dismissal at the pre-trial stage. But, as discussed above, we will not read statutory provisions in isolation. See Cannabis ActionCoal., 180 Wn. App. at 477. Rather, “we construean act asa whole, giving effect to all the language used. Related statutoryprovisions are interpretedin relation to each other and all provisions harmonized.”Id.(quoting C.J.C., 138 Wn.2d at 708(plurality opinion)).When read
No. 54172-6-II9as a whole, the statutory scheme of the WCPA permits a basis for dismissal when the claimant fails to meet the filing requirements, fails to meet the evidentiary requirements of a WCPA claim, or is unable to meet the exclusive remedy and waiver provision. SeeRCW 4.100.040,.060,.080. Nothing in the statutory scheme expressly or implicitly states otherwise. Also, under CR 81(a), Allen must show how a specific statutory provision is inconsistent with the civil rules inorder for the statutory procedure to displace the civil rule. SeeCR 81(a); Meints, 123 Wn. App. at 103-04. Thus, Allen must show that CR 56 is inconsistent with the WCPA in order to prevail on his argument that the specific text of the statute should govern rather than the “background civil rules.”SeeCR 81(a); Meints, 123 Wn. App. at 103-04. Allen explains at length the filing requirements provided in RCW 4.100.040 and RCW 4.100.060 and how they are different than what is required under the civil rules, but Allen does not show how CR 56 is inconsistent with the WCPA. Allen presents argument that there are different requirements between the WCPA and CR 8, CR 11, and CR 12, but he provides no argument as to how the requirements in RCW 4.100.040 and RCW 4.100.060 are inconsistent with CR 56. RCW 4.100.040 and RCW 4.100.060 do not provide for certain procedural requirements. As discussed above, RCW 4.100.040 merely provides for certain requirements that a claimant must meet in order to maintain an “actionable claim.”And RCW 4.100.060 merely provides the legal elements and burden of proof that a claimant must meet in order to prevail in a WCPA action. Because RCW 4.100.040 and RCW 4.100.060 do not set forth court procedures, there is no inconsistency between those statutory provisions and CR 56.
No. 54172-6-II10Because Allen reads RCW 4.100.040 and RCW 4.100.060 in isolation, does not harmonize the WCPA statutory scheme as required by the rules of statutory construction, and fails to show how CR 56 is inconsistent with the WCPA, we reject Allen’s argument that RCW 4.100.040 and RCW 4.100.060 provided the only basis for dismissal because WCPA actions are “special proceedings.”B.TRIAL COURT DID NOT ERR DISMISSING ALLEN’S WCPACLAIM ON SUMMARY JUDGMENT Allen argues that the statutory scheme requires the trial court to enter judgment in the claimant’s favor when the claimant meets the filing requirements of RCW 4.100.040(1)(a)to (d) and evidentiary requirements of RCW 4.100.060(1)(a)to (e). Then, only after judgment is entered in the claimant’s favor, can the trial court consider applying RCW 4.100.080(1). In other words, Allen contends that the trial court’s inquiry as to whether a WCPA claimant can provide the statutory waiver in RCW 4.100.080(1) mayonly occur at the post-judgment stage,and therefore,the trial court erred by considering the statutory waiver in granting summary judgment. We disagree. 1.Legal Principles—Summary Judgment AndStatutory Interpretation We review an order grantingsummaryjudgmentde novo. Wash.Fed.v. Azure Chelan, LLC, 195 Wn. App. 644, 652, 382 P.3d 20 (2016). Summaryjudgmentis appropriate if no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. CR 56(c).“‘A material fact is one upon which the outcome of the litigation depends.’”Wash.Fed., 195 Wn. App. at 652 (quoting Kim v. O’Sullivan, 133 Wn. App. 557, 559, 137 P.3d 61 (2006), review denied, 159 Wn.2d 1018 (2007)). Where there are no disputed issues of material fact and
No. 54172-6-II11the issue is how the law applies to the facts of a case, the matter is treated as a question of law, which is reviewed de novo. SeeWash.Imaging Servs., LLC v. Dep’t of Revenue, 171 Wn.2d 548, 555, 252 P.3d 885 (2011).Statutory interpretation is a question of law we review de novo. Jametsky, 179 Wn.2d at 761. We review a statute to determine and give effect to the legislature’s intent by looking to the plain language of the statute. Id.at 762. “If the statute’s meaning is plain on its face, we give effect to that plain meaning.”TracFone Wireless, Inc.,170 Wn.2d at 281. We turn to the dictionary to discern the plain meaning of terms with “well-accepted, ordinary”meanings. State v. Alvarado, 164 Wn.2d 556, 562, 192 P.3d 345 (2008). Statutory provisions in are not read in isolation. Cannabis Action Coal., 180 Wn. App. at 477. Rather, we construe a statute as a whole, harmonizing all provisions and giving effect to all the language used.Cannabis Action Coalition, 180 Wn. App. at 477. We also presume that the legislature does not intend absurdresultsand, where possible, we interpret ambiguous language to avoid an absurd result.State v. Ervin, 169 Wn.2d 815, 823-24, 239 P.3d 354 (2010).2.Allen’s Interpretation Of The WCPA Statutory Scheme Is Unpersuasive Allen’s interpretation of how a case progresses under the WCPA statutory scheme is unpersuasive. Under Allen’s interpretation, once a WCPA claimant has met the filing requirements under RCW 4.100.040(1), then the case must proceed to trial. At trial, the claimant must then establish all of the legal elements of RCW 4.100.060(1)(a)to (e) by clear and convincing evidence. If the claimant prevailsin their WCPA claim, they are entitled to compensation under RCW 4.100.060(5). Then, only after going through all these steps and afterjudgment is entered,
No. 54172-6-II12can a trial court consider asking whether a claimant is barred from recovery under RCW 4.100.080(1). Allen’s interpretation leads to an absurd result. Nothing in the WCPA limits the trial court’s ability to consider the application of RCW 4.100.080(1) to only the post-judgment stage. Instead, the statutory language allows the trial court to consider applying RCW 4.100.080(1) at the pre-trial stage. RCW 4.100.080(1) provides, in relevant part, that[i]t is the intent of the legislature that the remedies and compensation provided under this chapter shall be exclusive to all other remedies at law andin equity against the state or any political subdivision of the state. As a requirement to making a request for relief under this chapter, the claimant waives any and all other remedies,causes of action, and other forms of relief or compensation againstthe state, any political subdivision of the state, and their officers, employees, agents, and volunteers related to the claimant’s wrongful conviction and imprisonment.This waiver shall also include all state, common law, and federal claims for relief, including claims pursuant to 42 U.S.C. Sec. 1983. A wrongfully convicted person who elects not to pursue a claim for compensation pursuant to this chapter shall not be precluded from seeking relief through any other existing remedy. The claimant must execute a legal release prior to the payment of any compensation under this chapter.(Emphasis added.) The term “requirement”means “something called for or demanded:a requisite or essential condition.”WEBSTER’S THIRD NEW INTERNATIONALDICTIONARY1929 (2002). The phrase “under this chapter”plainly refers to the entirety of the WCPA. The term “waive”means “to give up (as a position, custom, or intention)”or “to relinquish voluntarily (as a legal right) <~ a jury trial>.”WEBSTER’S THIRD NEW INTERNATIONALDICTIONARYat 2570. Therefore, the plain meaning of RCW 4.100.080(1) makes it an essential condition for a WCPA claimant to voluntarily relinquish “any and all other remedies”when they make a request for relief under the Act.

No. 54172-6-II19Here, the undisputed evidence shows that Allen entered into a settlement agreement with the City for $3 million for the same wrongful conviction at issue here. Because Allen entered into a settlement agreement concerning the same wrongful conviction and because a claimant foregoes their WCPA claim by accepting a non-WCPA remedy, Allen voluntarily relinquished his right to receive anyrelief under the WCPA. RCW 4.100.080(1). Accordingly, Allen’s argument fails.

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MAXA,J.(dissenting) –The Wrongly Convicted Persons Act (WCPA), chapter 4.100 RCW, provides a somewhat confusing statutory scheme. But in an attempt to make sense out of the WCPA, the majority opinion reads language into the statute that simply is not there. Therefore, I dissent.6RCW 4.100.080(1) states that the legislature intended WCPA compensation to be “exclusive to all other remedies at law and in equity against the state or any political subdivision of the state.” But later, the same subsection states,“A wrongfully convicted person who elects not to pursue a claim for compensation pursuant to this chapter shall not be precluded from seeking relief through any other existing remedy.” In other words, the statute shows that the WCPA is not the exclusive remedy. And “the WCPA allows for concurrent actions as long as the claimant does not both recover relief from the State or state actors and receive and retain compensation under the WCPA.” Larson v. State, 9 Wn. App. 2d 730, 738, 447 P.3d 168 (2019), review denied, 194 Wn.2d 1019 (2020).The law is clear when a person files a WCPA before obtaining any other remedy for being wrongly convicted. There is no question that under RCW 4.100.080(1), a person who files a WCPA claim “waives any and all other remedies, causes of action, and other forms of relief or compensation against the state, any political subdivision of the state, and their officers, employees, agents, and volunteers related to the claimant’s wrongful conviction and imprisonment.” And RCW 4.100.080(1) requires that the claimant must file a release of all claims.

But what happens when, as in this case, the person obtains some remedy before filing a WCPA claim? The majority says the converse of the statement in RCW 4.100.080(1) is true: a personwho first obtains some other remedy cannot make a WCPA claim. But RCW 4.100.080(1) does not come close to saying that, and does not containany language from which this can be implied. RCW 4.100.080(1) simply does not address thissituation.I would interpret RCW 4.100.080(1)as requiring a WCPA claimant to waiveand release all remaining–i.e., unsettled –claims against the State and its political subdivisions.It obviously would make no sense to require the claimant to waive claims that already have been

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No. 54172-6-II21But what happens when, as in this case, the person obtains some remedy before filing a
WCPA claim? The majority says the converse of the statement in RCW 4.100.080(1) is true: a personwho first obtains some other remedy cannot make a WCPA claim. But RCW 4.100.080(1) does not come close to saying that, and does not containany language from which this can be implied. RCW 4.100.080(1) simply does not address thissituation.I would interpret RCW 4.100.080(1)as requiring a WCPA claimant to waiveand release all remaining–i.e., unsettled –claims against the State and its political subdivisions.It obviously would make no sense to require the claimant to waive claims that already havebeen settled. And nothing in RCW 4.100.080(1)prohibits a person from settling claims against the State and its political subdivisions and then filing a WCPA claim.The court in Larsonrejected this approach because once a person obtains a non-WCPA settlement, that person would not be able to waive or release any claims as the WCPA requires because those claims would already have been settled. 9 Wn. App. 2d at 739-42. ButI disagree that a release cannot be effective just because there has been a prior settlement. What if the prior settlement is with just one of multiple liable parties? The waiver and release of claimsstill would be effective against the nonsettling parties.The majority’s interpretation is not particularly harmful under the specific facts of this case, where Allen was represented by counsel and obtained a $3 million settlement before filing a WCPA claim. But consider the case where an unrepresented person just released from prison enters into a de minimis settlement with a third party.

Under the majority’s interpretation, th

Outcome: There is no gunuine dispute of material fact concerning the validity of Allen'ssettlement agreement with the City. And under RCW 4.100.080(1), a claimant is barred from recovering any relief under the WCPA if they elect to take a non-WCPA remedy. Because Allen elected to accept the non-WCPA settlement for the same wrongful conviction at issue here, Allen is barred from recovering any relief under the WCPA as a matter of law. RCW 4.100.080(1). Therefore, the trial court did not err in granting summary judgment and dismissing Allen’s claim. Accordingly, we affirm the trial court’s order granting summary judgment.

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