George C. Rains, Appellant v. the State of Washington, Respondents

Summary

The Washington Supreme Court affirmed summary judgment dismissing George Rains's state-court action under 42 U.S.C. § 1983 against the State of Washington and the Public Disclosure Commission, holding the suit barred by both res judicata and collateral estoppel because it raised the same claim and issues, between qualitatively identical parties, as his earlier lost federal suit against PDC members. The court further held the State had not waived its sovereign immunity or consented to being sued in state court for alleged § 1983 violations, reaffirming that the State is not suable under § 1983 for acts of its agents and that the 1975 amendments to RCW 4.92 protect state officers and employees without consenting to suit against the State itself. It found no error in denying attorney fees to either party and, in non-binding commentary, disapproved of the State's inclusion of Rains's attorney as a third-party malicious-prosecution defendant.