Legal Opinion

Brutsche v. City of Kent

Washington Supreme Court

Decided October 2, 2008No. 79252-6PublishedCited by 15 opinions

1Opinion of the CourtMadsen, J.

¶1 In executing a search warrant for a suspected methamphetamine lab on premises owned by petitioner Leo C. Brutsche, law enforcement officers using a battering ram to gain entry caused physical damage to doors and doorjambs. Mr. Brutsche brought suit against the city of Kent (City), among others, arguing that the officers had a duty to conduct the search so as to avoid unnecessary damage and do the least damage to the property consistent with a thorough investigation, that they breached this duty, and that the City is liable for the damage. The trial court granted summary judgment in favor…

Also in this document: Concurrence.

2Cases cited35 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  3. State v. GunwallWashington Supreme Court · 1986
  4. Luther v. BordenSupreme Court of the United States · 1849
  5. In Re Stranger CreekWashington Supreme Court · 1970

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3Cited by15 opinions

  1. State v. BarberWashington Supreme Court · 2011
  2. City of Federal Way v. KoenigWashington Supreme Court · 2009
  3. City of Federal Way v. KoenigWashington Supreme Court · 2009
  4. Grundy v. Brack Family TrustCourt of Appeals of Washington · 2009
  5. Grundy v. Brack Family TrustCourt of Appeals of Washington · 2009

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