Doscher v. State
Decision Date | 26 April 2011 |
Docket Number | 39776-5-II |
Court | Washington Court of Appeals |
Parties | CHRISTIAN DOSCHER, Appellant, v. STATE OF WASHINGTON and THURSTON COUNTY, Respondents. |
UNPUBLISHED OPINION
After Christian Doscher filed a complaint against the State of Washington and Thurston County, alleging $33 million in damages because Washington State Patrol (WSP) records incorrectly stated that he had been convicted of a felony rather than a misdemeanor, the trial court granted the defendants' motions for summary judgment. Doscher appeals, arguing that the trial court erred in finding his claims barred by the applicable statutes of limitations. Because the statutes of limitation ran before Doscher filed his claim, we affirm.
On December 2, 1988, Thurston County charged Doscher with the felony offense of first degree possession of stolen property. On January 24, 1990, an amended information reduced the charge to third degree possession of stolen property, a misdemeanor. In exchange for the State's agreement to recommend a deferred sentence and credit for time served Doscher pleaded guilty to the amended charge. The trial court sentenced him in accordance with the State's recommendation. After Doscher complied with the terms of his sentence, the court entered an order of dismissal on April 27, 1990.
Sometime in 1990, Doscher learned that WSP records indicated that he had pleaded guilty to second degree possession of stolen property, a felony. Doscher made several unsuccessful attempts to fix the error that year.
Eighteen years later, apparently after Doscher initiated the statutory process for correcting his criminal history records, Thurston County sent the WSP an order indicating that his 1990 conviction was for the misdemeanor offense of third degree possession of stolen property. After the WSP received the order on July 15, 2008, it corrected its records accordingly. In 2009, Doscher sued the State and Thurston County in tort alleging $33 million in damages as a result of the "false felony" noted in his criminal history for 18 years.
All parties moved for summary judgment. The trial court granted the State's and the County's motions, ruling that Doscher's claims were barred by the applicable statutes of limitations and that the State and County were entitled to dismissal as a matter of law.
When reviewing a summary judgment order, we engage in the same inquiry as the trial court. Cummins v. Lewis County 156 Wn.2d 844, 852, 133 P.3d 458 (2006). We consider the facts and all reasonable inferences therefrom in the light most favorable to the nonmoving party. Nivens v. 7-11 Hoagy's Corner, 133 Wn.2d 192, 198, 943 P.2d 286 (1997). Summary judgment can be granted only if the pleadings, affidavits, depositions, and admissions on file show the absence of any genuine issues of material fact, and that the moving party is entitled to judgment as a matter of law. Marshall v. Bally's Pacwest, Inc., 94 Wn.App. 372, 377, 972 P.2d 475 (1999). Once the moving party demonstrates the absence of a genuine issue of material fact the burden shifts to the nonmoving party to produce evidence sufficient to support a jury verdict in its favor. Hash v. Children's Orthopedic Hosp. & Med. Ctr., 110 Wn.2d 912, 915, 757 P.2d 507 (1988). The nonmoving party's burden is not met by responding with conclusory allegations, speculative statements, or argumentative assertions. Pagnotta v. Beall Trailers of Oregon, Inc., 99 Wn.App. 28, 36, 991 P.2d 728 (2000); see also Roger Crane & Assoc., Inc. v. Felice, 74 Wn.App. 769, 779, 875 P.2d 705 (1994) ( ). A failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial. Young v. Key Pharm., Inc., 112 Wn.2d 216, 225, 770 P.2d 182 (1989).
The State and County successfully moved for summary judgment on the ground that Doscher's claims for defamation, invasion of privacy, outrage, fraud, and negligence were barred by the applicable statutes of limitations.[1]
A two-year statute of limitations governs claims for defamation and invasion of privacy. RCW 4.16.100; Albright v. State, 65 Wn.App. 763, 769 n.3, 829 P.2d 1114 (1992) (defamation); Eastwood v. Cascade Broad. Co., 106 Wn.2d 466, 474, 722 P.2d 1295 (1986) (invasion of privacy). The three-year limitations period governs Doscher's remaining claims of outrage, fraud, and negligence. RCW 4.16.080(2); Cox v. Oasis Physical Therapy, PLLC, 153 Wn.App. 176, 192, 222 P.3d 119 (2009) (outrage); In re Marriage of Angelo, 142 Wn.App. 622, 646 n.22, 175 P.3d 1096 (fraud), review denied, 164 Wn.2d 1017 (2008); Clare v. Saberhagen Holdings, Inc., 129 Wn.App. 599, 602, 123 P.3d 465 (negligence), review denied, 155 Wn.2d 1012 (2005).
The purpose of such limitation periods is to protect the defendant and the courts from litigation of stale claims where plaintiffs have slept on their rights and evidence may have been lost. Douchette v. Bethel Sch. Dist. No. 403, 117 Wn.2d 805, 813, 818 P.2d 1362 (1991). A party must exercise reasonable diligence in pursuing a legal claim and, if such diligence is not exercised in a timely manner, the cause of action will be barred by the statute of limitations. Reichelt v. Johns-Manville Corp., 107 Wn.2d 761, 772, 733 P.2d 530 (1987).
A limitation period begins to run when the plaintiff's cause of action accrues. Crisman v. Crisman, 85 Wn.App. 15, 20, 931 P.2d 163, review denied, 132 Wn.2d 1008 (1997). Generally, this occurs when the plaintiff suffers actual injury or damage and has the right to apply to a court for relief. Gazija v. Nicholas Jerns Co., 86 Wn.2d 215, 219, 543 P.2d 338 (1975); Crisman, 85 Wn.App. at 20.
The State and County maintain that Doscher knew of his injury and the right to seek relief in 1990. When the County asked Doscher to explain the actions he took to fix the error in his criminal records, Doscher responded as follows:
It was not until 2008, however, that Doscher availed himself of the statutory procedure for correcting the inaccurate criminal history reflected in the WSP's records. See RCW 10.97.080. The WSP's Identification and Criminal History Section serves as the state repository for criminal history information. RCW 10.97.045; RCW 43.43.745. The Criminal Records Privacy Act allows for the inspection of criminal history records and for written challenges to the accuracy of those records. RCW 10.97.080; WAC 446-20-120. If the WSP refuses any such challenge, it must inform the person of the reasons for its refusal as well as the procedures for reviewing that refusal. State v. Breazeale, 144 Wn.2d 829, 843, 31 P.3d 1155 (2001) (citing WAC 446-20-140). A person may appeal the WSP's refusal to correct inaccurate information to the superior court for a de novo hearing. Breazale, 144 Wn.2d at 843 (citing RCW 43.43.730).
Doscher could have employed these procedures in 1990, but he did not do so until 2008, and he did not file his tort action until 2009. Doscher alleges in his amended complaint that on or about February 23, 1990, a Thurston County clerk sent a falsified court order to the WSP and he adds that on or about April 27, 1990, a Thurston County clerk informed the WSP that his 1990 conviction was not only a misdemeanor but had been dismissed. Thus, according to Doscher's own allegations, his injury occurred in 1990. As a result, his actions for defamation and invasion of privacy were due by April 27, 1992, and his actions for outrage, fraud, and negligence were due by April 27, 1993. RCW 4.16.100; RCW 4.16.080(2).
Doscher argues, however, that the discovery rule tolls the applicable limitation periods. See Allen v. State, 118 Wn.2d 753, 758, 826 P.2d 200 (1992) (...
To continue reading
Request your trial