Charleena Lyles Complaint

1 2 3 4 5 IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY 6 7 8

Commissioner Eric Watness, as Personal Representative of the Estate of Charleena Lyles; Karen Clark, as Guardian Ad Litem on behalf of the four minor children of decedent,

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NO. 17-2-23731-1 SEA THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE

Plaintiffs, 10

v.

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The City of Seattle, a Municipality; Jason M. Anderson and Steven A. McNew, individually, Defendants.

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COME NOW Plaintiffs and allege as follows: 14 15 16 17 18

Charleena Chavon Lyles April 24, 1987 - June 18, 2017

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 1

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1 2

I. 1.1

PLAINTIFFS

Charleena Chavon Lyles was born on April 24, 1987 in Seattle, King County,

3

Washington, to Sadaria Teresa Sorrells, previously deceased, and Charles Elden Lyles. She was

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the only issue of their union. At the time of her death, Charleena was 30 years old and lived in

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Seattle, Washington along with her four minor children. Charleena was also four months

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pregnant.

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1.2

Charleena’s minor children are: J.L. born April 3, 2005; Q.L. born May 22, 2006;

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Za.C. born March 7, 2013; and Zy.C. born May 27, 2016. All four children are now dependents

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of the Department of Social and Health Services of the State of Washington.

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1.3

On November 1, 2017, Commissioner Eric Watness, was substituted and

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appointed as the Personal Representative of the Estate of Charleena Lyles, King County Superior

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Court Cause No. 17-4-04905-8 SEA.

13 14 15 16

1.4

On August 8, 2017, the Court appointed Attorney Andrea Nicolaisen as Probate

Guardian Ad Litem for the four minor children.

1.5

On December 27, 2017, the Court appointed Attorney Karen Clark as Litigation

Guardian Ad Litem for the four minor children.

17 18

II. 2.1

DEFENDANTS

The City of Seattle is a first class city as described in RCW 35.22.010 and is

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governed and organized in accordance with the Washington State Constitution Article 11,

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Section 10, Amendment 40. The Seattle Police Department is established according to the City

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Charter Article VI.

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2.2

Jason M. Anderson works for the Seattle Police Department.

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 2

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

2.3

Steven A. McNew works for the Seattle Police Department.

2

2.4

Defendants Anderson and McNew were employees of Defendant City of Seattle.

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All actions described in this complaint were in the course and scope of the employment

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relationship. The City is vicariously liable for all of its employees’ acts and omissions.

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2.5

The City of Seattle is located in King County, Washington and the incident

occurred in King County, Washington.

2.6

On August 11, 2017, Plaintiffs filed Claims for Damages with the City of Seattle.

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The claim was assigned Claim #C-94765. More than 60 days have elapsed since the claim was

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filed with Defendant City of Seattle.

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2.7

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the City of Seattle.

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III. 3.1

JURISDICTION AND VENUE

Jurisdiction and venue are proper in King County as all acts and omissions by

Defendants occurred in Seattle, King County, Washington.

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The filing of the Claims for Damages properly satisfied the notice requirements to

IV. 4.1

STATEMENT OF FACTS

Defendant City of Seattle’s Police Department (SPD) has been under a Federal

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Consent Decree since 2012 after a Department of Justice investigation concluded SPD officers

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violated the U.S. Constitution and Federal Law by engaging in institutional, routine and

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widespread excessive use of force, most often against people with mental illness or substance-

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abuse problems. Federal investigators also found evidence of racially biased policing.

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4.2

Specifically, the DOJ found reasonable cause to believe that SPD engaged in a

pattern or practice of excessive force, in violation of the Fourth Amendment of the U.S.

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 3

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

Constitution and the Violent Crime Control and Law Enforcement Act of 1994. Based on a

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randomized, stratified and statistically valid sample of SPD’s use of force reports from Jan. 1,

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2009, to April 4, 2011, DOJ factual findings included:

4 •

SPD officers used force in an unconstitutional manner nearly 20 percent of the time;

•

SPD estimates that 70 percent of use of force encounters involved individuals with

5 6 mental illnesses or under the influence of alcohol or drugs. In those encounters, SPD 7 officers unnecessarily escalated situations and used excessive force when arresting 8 individuals for minor offenses.

9 •

More than half of the excessive force cases involved minority populations supporting

10 allegations of discriminatory policing.

11 4.3

SPD was given the option of working with the DOJ to correct these institutional

12 failures or face a federal lawsuit. According to the DOJ report: 13

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To create lasting reform, SPD must continue to develop and implement new force policies and protocols, and to train its officers on how to conduct effective and constitutional policing. In addition, SPD must implement systems that ensure accountability, foster police-community partnerships, and eliminate unlawful bias.

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4.4

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SPD elected to work with the Department of Justice which negotiated and filed a

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Consent Decree to address the departmental failures on July 27, 2012, and separately entered into

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a settlement agreement on related issues on that same date. On September 21, 2012, Federal

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Court Judge James L. Robart modified and entered the Consent Decree.

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4.5

SPD’s mission, policies, and training emphasize: “the sanctity of all human life

and the importance of treating all persons with dignity and respect.”

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 4

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

4.6

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techniques.

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4.7

4 5 6 7

At the core of SPD training is the requirement to use de-escalation tactics and

The SPD Manual (SPM sec. 8.000 through 8.2000) highlights officers’

affirmative obligations to de-escalate prior to using force when reasonably safe and feasible.

4.8

Officers may only use force that is objectively reasonable, necessary, and

proportionate to effectively bring a person under control.

4.9

Tracking contacts with people in crisis or suffering from mental-health issues is

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now part of the department’s crisis-intervention program which was approved by Judge Robart

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in February 2014.

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4.10

The Defendants owed a duty to the public that it served, including the plaintiff in

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this case, to use de-escalation tactics and techniques, to follow the provisions of the SPD

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Manual, to only use force that was objectively reasonable, necessary and proportionate, and to

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follow the procedures and practices set forth in the SPD’s crisis-intervention program. The

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defendants breached all such duties.

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4.11

In November 2015, Charleena Lyles and her then three children (ranging in age

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from 2 to 10) settled into Brettler Family Place in Magnuson Park operated by Solid Ground

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which works closely with the City to provide transitional housing and services to people who

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were previously homeless.

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4.12

Charleena Lyles was the victim of repeated emotional and physical abuse partially

described in police incident reports generally summarized as follows:

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 5

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

a.

November 11, 2015, Franklin Camphor (father of the two youngest

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children) chased her into hallway and either struck her or she hit the wall. She was

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noted to have bleeding above her left eye;

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b.

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apartment;

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c.

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breaking it and she retreated into the bedroom;

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d.

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one of the children called the police to have him removed;

December 22, 2015, Camphor damaged a wall and refused to leave the

December 28, 2015, Camphor threw a glass of juice into the ceiling,

December 31, 2015, Camphor engaged in escalated behavior with her and

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e.

January 16, 2016, Camphor assaulted and threw a rock at her;

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f.

January 29, 2016, her neighbor could hear a female being slammed into

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the floor and two children screaming;

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g.

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the presence of their two year old. He tried to strike her in the head with a closed

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fist but missed and struck her shoulder. He then threw a shoe at her. He then

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kicked in the bathroom door, punched holes in the apartment walls, broke dishes,

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and threatened to slash her tires;

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h.

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window of her vehicle and smashed it;

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i.

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her, leading to him smashing the passenger window with a rock and sending glass

May 9, 2016, Camphor assaulted her while she was 34 weeks pregnant in

June 2, 2016, Camphor threw a baby bottle at her, pounded on the back

June 12, 2016, Camphor with all four kids in the car, began arguing with

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 6

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

into the car where the kids were. A protective order had been issued but not yet

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served on Camphor;

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j.

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her keys out of her hand and took her car, all of which violated the no contact

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order;

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k.

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for help in addition to arguing and thumping noises. Camphor was arrested for

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violating the no contact order;

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4.13

July 30, 2016, Camphor was just released from jail, accosted her, grabbed

August 25, 2016, a neighbor called police as he could hear her screaming

In June of 2016 when Charleena Lyles obtained a no contact order against

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Camphor, she stated he had been violent for at least four of the eight years they had been

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together and was known to punch holes in walls, even hitting her while she was pregnant. “I feel

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so scared for my safety, and I just got out of the hospital from having our 6-days-old baby boy,

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and I had a c-section. I think he ripped my stitches open,” she wrote in her June 2nd petition for

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an order for protection. She ended by noting that she “didn’t see him changing.” She asked the

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court for help.

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4.14

That same summer, Charleena began treatment at Sound Mental Health after a

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domestic violence arrest in Auburn involving an altercation with one of her half-sisters.

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Charleena Lyles acknowledged she needed counseling and thought she was suffering from

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depression. She was stressed that she would lose her home and that the state would take her

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children.

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4.15

In October 2016, Charleena Lyles was described by Solid Ground as

demonstrating extremely paranoid and delusional behavior.

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 7

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1 2 3 4 5

4.16

In December 2016, Charleena Lyles was described by Solid Ground as exhibiting

“decompensating” behavior.

4.17

In May 29, 2017, Charleena Lyles was described by Solid Ground as exhibiting

paranoid behavior, angry outbursts, and increasingly arguing with neighbors.

4.18

On May 30, 2017, Solid Ground received an incident report from another

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resident. Over the holiday weekend at the Brettler place outdoor playground, a child asked

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Charleena Lyles to return a video game that had been borrowed. She responded by yelling that

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she would not give him anything until she got 12 rolls of toilet paper. She returned with a

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garbage bag full of something along with a kitchen knife that she held up for the children at the

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playground to see. She then said to all the children present: “do you want to die the way my ex-

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boyfriend died?”

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4.19

Solid Ground viewed a video of the incident which it lost. It informed SPD of the

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incident but SPD stated that unless the children’s parents wanted to press charges no action

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would be taken.

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4.20

When Defendant City learned from Solid Ground that Charleena Lyles’ mental

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illness had resulted in an incident that involved a threat with a knife to children, it had a duty to

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protect public safety including the safety of Charleena Lyles, by promptly investigating which it

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failed to do. Once the truth had been verified, Defendant City had a duty to take appropriate

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action, including but not limited to taking Charleena Lyles to the Crisis Solutions Center, and/or

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placing her in a 72 hour hold under RCW 7.05.153 which provides that: a peace officer may take

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or cause such person to be taken into custody and immediately delivered to a triage facility, crisis

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stabilization unit, evaluation and treatment facility, or the emergency department of a local

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 8

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

hospital under the following circumstances when he has reasonable cause to believe that such

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person is suffering from a mental disorder and presents an imminent likelihood of serious harm

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or is in imminent danger because of being gravely disabled.

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4.21

Between January 2017 and June 2017, twenty three (23) 911 calls were made

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from Charleena Lyles’ apartment, including: 10 domestic disturbances; 4 domestic assaults, 3

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reports of burglary, 2 child abuse/neglect, 1 threat, 1 welfare check, 1 missing child, and 1 follow

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up on a prior disturbance.

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4.22

The 23 911calls in a six month period were extraordinary in number and placed

the Seattle Police Department (SPD) and other City agencies on notice that Charleena Lyles and her children were in an at risk situation.

4.23

On May 28, 2017, Jeffrey Butts, father of the two eldest children, grabbed

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Charleena Lyles’ phone and smashed it when she tried to call 911. He then placed her in a

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chokehold and struck her with a closed fist.

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the Brettler Place playground.

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4.24

This date coincides with Charleena’s outburst at

The City was aware of multiple domestic violence incidents involving Charleena

Lyles and the two fathers of her children.

4.25

One week after the incident involving Charleena Lyles and children at the Brettler

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Place playground, on June 5, 2017, another physical domestic disturbance was reported to the

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SPD. Charleena Lyles told police she had been the victim of domestic violence. Shortly after

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arrival two officers (Legg and Bauer) requested immediate assistance. Charleena Lyles armed

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herself with extra-long, metal shears. She was making unusual comments such as wanting to

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“morph into a wolf” and talked about “cloning her daughter.” She was sure the police officers

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 9

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

were devils and also members of the KKK. The officers drew their guns in the presence of her

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young children. The officers engaged in de-escalation techniques. She was instructed to drop

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the shears and move away from them. She did so. It was apparent to the officers that she had a

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mental health condition.

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4.26

The SPD interviewed some of Charleena Lyles’ family members who told them

she had experienced a recent sudden and rapid decline in her mental health.

4.27

The officers on June 5, 2017 should have been able to see in their records that

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Charleena Lyles had experienced a mental health outburst involving a knife just one week prior.

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However, because SPD had told Solid Ground they would not investigate that case or take any

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action, the June 5 officers were unaware of the nature and extent of that most recent behavioral

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crisis and/or mental health condition. Defendant City had a duty to take Charleena Lyles to the

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Crisis Solutions Center and/or place her under a 72 hour hold under RCW 7.05.153 which

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provides that: a peace officer may take or cause such person to be taken into custody and

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immediately delivered to a triage facility, crisis stabilization unit, evaluation and treatment

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facility, or the emergency department of a local hospital under the following circumstances when

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he has reasonable cause to believe that such person is suffering from a mental disorder and

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presents an imminent likelihood of serious harm or is in imminent danger because of being

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gravely disabled.

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4.28

Instead the SPD arrested Charleena Lyles and she was booked into jail on charges

of harassment and obstruction.

4.29

Attorney Ashwin Kumar, public defender, appeared at the bail hearing in Seattle

Municipal Court for the harassment and obstruction charges. He noted how fundamentally

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 10

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

wrong it was that Charleena Lyles had called for help for domestic violence but was arrested

2

instead. Specifically officers pulled their guns on her in the presence of her children even though

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she was experiencing a mental health episode at the time.

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4.30

Charleena Lyles pleaded not guilty and was jailed. She did not receive any

5

mental health treatment or other mental health intervention during this time. However, she was

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taken while in custody to the hospital due to abdominal complaints. On June 9, 2017,

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Harborview noted her to be a “nontoxic individual” who was 14 weeks pregnant according to

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ultrasound. She was then returned to jail.

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4.31

Charleena Lyles appeared in Mental Health Court on Tuesday, June 13, 2017

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where she was ordered to be released from jail the next day with conditions. She was ordered to

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possess no weapons and check-in with the court’s Day Reporting Program every Tuesday and

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Thursday and submit to random drug and alcohol testing. Her next court appearance was set for

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June 27.

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4.32

Four days after she was released from jail, on Father’s Day Sunday June 18, 2017,

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at 8:55 a.m. in the morning, Charleena Lyles called 911 for help stating that “an Xbox was

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missing” from her house and the door was open. She said the incident had occurred about three

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hours earlier.

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4.33

Defendant Anderson was hired by SPD in 2015 less than one year before this

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incident. He had eight hours of crisis training and responded to this non urgent “level 3” call.

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When he arrived he incorrectly recalled that he had been to the unit before. He was not told by

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dispatch that there was an officer caution on Charleena Lyles. But because he thought recalled

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her, he reviewed the police file.

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 11

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1 2 3

4.34

Charleena Lyles had been flagged both as an officer safety caution and as a

mental caution. Defendant Anderson called for additional assistance.

4.35

His senior squad mate Defendant McNew then arrived. Defendant McNew was

4

hired by the SPD in 2008, had received forty hours of advanced crisis training and was a CIT

5

Certified Officer.

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4.36

Pursuant to SPD policy SPM 16.110, Defendant McNew had a duty to take the

7

lead in interacting with Charleena Lyles who was known to have recently exhibited a behavioral

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crisis/mental health outburst and who was flagged as “mental” in the system. Defendant McNew

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failed to take the lead and instead negligently allowed Defendant Anderson to do so despite the

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latter’s obvious lack of experience due to his recent hire. This breach of duty contributed to the

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escalation of subsequent events.

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4.37

Defendant McNew asked Defendant Anderson if Charleena Lyles had been

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“flagged mental.” Defendant Anderson replied: no. Defendant Anderson had the duty to read the

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screen correctly and communicate information correctly. Defendant Anderson breached that

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duty and was negligent in incorrectly reading the screen and misinforming Defendant McNew.

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Defendant McNew had a duty to ensure that he obtained correct caution information. Defendant

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McNew was negligent for not taking the lead and reviewing the screen to determine that

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“mental” had been flagged. Defendant McNew negligently relied upon Defendant Anderson’s

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incorrect reading of the caution screen.

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4.38

The screen clearly read: “caution: assaultive to officers, mental, threats to

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officers, weapon.”

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 12

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

4.39

The Defendants had the duty to properly inform themselves that Charleena Lyles

had a “mental” caution. Their breach of this duty resulted in their responding to the call in a negligent, inappropriate and unprepared manner in violation of SPD policies, practices and procedures, in particular they failed to apply the De-Escalation Model while interacting with an individual in behavioral crisis/mental health crisis.

4.40

The defendants were not responding to a burglary in process. This was a “level 3”

call, nonurgent, also known as a cold burglary. There was no imminent threat to life or safety involved. Three hours had passed since the alleged break in and taking of a video game. The officers had an unlimited time period to properly respond to the call. Instead they rushed in violation of SPD policies, practices and procedures.

4.41

Defendant Anderson skimmed the June 5 incident report and told Defendant

McNew: “She called for a DV. She let them in and then she started talking all crazy about how she, the officers weren’t gonna leave. And she had a giant pair of scissors and then started talking about her… So this gal, she was the one making all these weird statements about how her and her daughter are gonna turn into wolves, and this was on the 5th…Cause they

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 13

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

said she was fine at first and then they were inside with her and she had this giant pair of scissor and wouldn’t put them down.”

2 This was an incomplete summary of the June 5 incident. Defendant Anderson had a duty 3 to properly relay the relevant information contained in the incident report but negligently 4 failed to do so resulting in an incomplete recitation of key events which should have been 5 properly analyzed to ensure that appropriate de-escalation strategies and tactics were 6 considered and employed.

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4.42

Defendant McNew, who should have been in the lead, had a duty to review the

incident report, but failed to do so. If he had read the incident report instead of relying on

10

Defendant Anderson’s incomplete summary, he would have seen in more detail the severity of

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Charleena Lyles’ mental health crisis and the steps to be taken by the responding officers to de-

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escalate on June 5 incident. In particular, he would have read that Charleena Lyles made strange

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religious references and thought the police were devils and the KKK. He would have noted that

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she irrationally feared and had delusions regarding the police. He would have noted that by

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simply showing up in uniform, police presence had the potential to escalate Charleena Lyles’

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mental health related behavior. His failure to exercise this duty resulted in him not being fully

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informed of all such facts which contributed to his relatively nonchalant manner in allowing

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Defendant Anderson to remain as lead on the call. It also resulted in Defendant McNew’s failure

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to carry out the actions of a properly trained CIT Certified Officer. The breach of duty also

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resulted in the failure to implement appropriate tactics and strategies as required by SPD

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policies, practices and procedures.

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4.43

Defendants McNew and Anderson spent a total of about 1 minute 15 seconds by

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Anderson’s vehicle before approaching the apartment building. While walking they briefly

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 14

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

discussed Charleena Lyles, her prior concerning behavior and that she had four children living

2

with her based upon Defendant Anderson’s incorrect assumption that he had met the family

3

before which he had not (he confused Charleena Lyles with a different mother in the building).

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4.44

In discussing the June 5 incident – including that Charleena Lyles believed she

5

would morph into a wolf – Defendant officers had a duty to recognize that they would be

6

interacting with a subject in behavioral/mental health crisis. Instead they chuckled, noted that

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Charleena Lyles was talking “crazy,” and failed to develop any strategies for resolving a

8

potential crisis. Their breach of duty resulted in the failure to implement appropriate tactics and

9

strategies as required by SPD policies, practices and procedures.

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4.45

Officer Anderson had a duty to seek the input of Officer McNew – the CIT

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Certified Officer – on strategies for resolving any crisis. Officer McNew had a duty to offer

12

input and to utilize his special training to come up with a strategy. Officer McNew was trained to

13

know that Charleena Lyles as a person with mental illness and having been just released from jail

14

due to the June 5 incident, would be afraid of the police and that her behavior would reflect that

15

fact. But in the few minutes between defendants meeting up and arriving at Charleena Lyles’

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door – zero time was spent coming up with any strategy or plan, in terms of interacting with her

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or to ensure her safety and that of her young children. Defendant McNew’s only input was

18

“Don’t let her behind us” which he admits was an “advisement” and not a plan. The breach of

19

duty to develop a plan and strategy resulted in the failure to implement appropriate tactics and

20

strategies as required by SPD policies, practices, and procedures in responding to a person in

21

mental health crisis.

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 15

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1 2 3

4.46

Defendants Anderson and McNew should have considered all appropriate de-

escalation strategies including but not limited to staying outside of Charleena Lyles’ apartment.

4.47

Instead, At 9:46 a.m., according to the building surveillance camera, Defendant

4

Anderson took the lead, knocked on Charleena Lyles’ door, asked to be let inside and both

5

officers walked without hesitation into her apartment. By breaching their duty to consider and/or

6

engage in de-escalation strategies before deciding to walk into the apartment, the officers caused

7

the situation to escalate. In particular, the officers should have known that by entering the

8

apartment they were likely to trigger psychotic behavior by Charleena Lyles who just two weeks

9

before thought police were the devils and KKK.

10

4.48

Upon entering the apartment, the officers failed to immediately engage in de-

11

escalation according to SPD practices, policies, and procedures including first and foremost

12

ensuring that the scene was safe. They failed to perform any meaningful threat assessment. The

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officers negligently breached this duty by, for example, failing to ask Charleena Lyles what she

14

had or didn’t have in the pockets of her coat, by failing to secure the multiple knives immediately

15

observable lying on the kitchen counter when they walked into the home, and by failing to make

16

any attempts to secure the safety of the children – one of whom they didn’t even realize was in

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the apartment until after the shooting.

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4.49

Officer Anderson took the lead in engaging with Charleena Lyles as she described

19

what had happened and began showing them around. Officer McNew did not speak to Charleena

20

Lyles except one time to ask if the door was left locked or unlocked. This was a breach of his

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duties as a CIT Certified Officer and resulted in additional lost opportunity to monitor and ensure

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de-escalation of the situation pursuant to SPD policies, practices and procedures.

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THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 16

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

4.50

The police interaction appeared to mirror the events of two weeks before.

2

Everything started off fine and low key. The children were playing and rolling around on the

3

floor. No distress was noted.

4

4.51

Charleena Lyles was not under the influence of drugs or alcohol.

5

4.52

Charleena Lyles was five foot three inches tall, 100 pounds, and four months

6

pregnant. Defendant McNew is six foot two inches and 250 pounds. Defendant Anderson was

7

six feet.

8 9

4.53

Defendant McNew as the CIT Certified Officer had a duty to keep his attention

focused on Charleena Lyles. He breached this duty by turning his attention away from

10

Charleena Lyles. He did not closely observe her. He left almost all interaction up to Defendant

11

Anderson. Instead, Defendant McNew turned his back to her and began to study an old meatloaf

12

in her unkempt kitchen. He also started noticing the other clutter of food, dishes, silverware

13

including multiple knives strewn about randomly. Because Defendant McNew stopped looking

14

at Charleena Lyles and was not listening to her either, he failed to follow his CIT training which

15

taught him the observable effects of fear-induced psychophysical arousal including muscle

16

tension, breathing changes, change of eye movement, jaw clenched, pressured speech, all of

17

which Charleena Lyles began to exhibit.

18

4.54

If Defendant McNew had not breached his duty to properly observe Charleena

19

Lyles pursuant to his training and SPD policies, practices and procedures, he would have seen

20

her begin to escalate and would have had more time to employ SPD departmental strategies to

21

de-escalate.

22 23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 17

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

4.55

Charleena Lyles changed completely in terms of her interaction with Defendants

2

McNew and Anderson. She made no threats or overtures towards her children. Her sole focus

3

was on Defendants McNew and Anderson. It didn’t take a mental health expert to instantly

4

comprehend that Charleena was experiencing some sort of an involuntary mental-illness outburst

5

just like what happened with the scissors two weeks before. When Charleena Lyles’ demeanor

6

changed, Defendants McNew and Anderson completely lost their composure and failed to follow

7

SPD polices, practices and procedures.

8

4.56

Defendant Anderson was looking down at his notebook and writing. He looked

9

up and saw a flash of what he assumed to be a knife. His immediate response was to step back

10

into the entryway, draw his gun and aim it at Charleena Lyles while her two year old was at her

11

feet and the four year old was a few feet away from her mother but hidden from his view by the

12

kitchen counter.

13 14 15

4.57

Defendant McNew turned around when he heard noise. He could hear but not see

Defendant Anderson (since he was back in the entryway).

4.58

Defendant McNew could have safely exited the apartment but instead he

16

remained where he was and immediately drew his gun. Defendant Anderson could have safely

17

exited the apartment as he was standing in the entrance doorway. The Defendant officers had a

18

duty to follow SPD practices, policies and procedures to de-escalate a situation involving a

19

person in mental health crisis, and in this case they could have done so by exiting the residence.

20

Instead they extended their weapons and began to shout – the opposite tactic called for. As a

21

result they escalated the situation.

22 23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 18

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1 2 3

4.59

Defendant McNew instructed Defendant Anderson, who was more than seven feet

away to tase Charleena Lyles. Defendant Anderson responded: “I don’t have a Taser.”

4.60

Defendant Anderson had recently gone through Taser training and was issued a

4

Taser X2 which was a new model with advanced features, including the ability to penetrate a

5

number of layers of clothing and puffy clothing; and the ability to fire two cartridges within a

6

split section in case the first probe missed its target. According to SPD training, the optimal

7

deployment distance for the Taser was seven to 15 feet and it could be an effective force option

8

against subject who might be possessing potentially deadly weapons such as knives.

9

4.61

Defendant McNew didn’t ask Defendant Anderson if he had a Taser. Defendant

10

McNew knew Defendant Anderson was issued a Taser and that he was required to have it on his

11

person at all times. Part of SPD training involves pairing a Taser officer with the officer with a

12

lethal weapon so they can work as a team. Defendant McNew instructed Defendant Anderson to

13

use his Taser on Charleena Lyles following the team protocol – but because Defendant Anderson

14

did not bring his Taser the officers breached this protocol which contributed to escalation of the

15

situation.

16

4.62

Defendant Anderson’s actions in failing to carry his TaserX2 violated SPD

17

Manual Policy 8.300(3). As a Taser-trained officer he was required to carry a Taser. He

18

unilaterally decided to keep his TaserX2 in his locker. This decision was not within his

19

discretion. The Department later disciplined Defendant Anderson for these violations and found

20

that his “complacency in this regard is unacceptable and added an otherwise unnecessary

21

element to an incident already of significant public concern.” Defendant Anderson had a duty to

22

carry his TaserX2 so that he could use it as a less lethal weapon and so that his fellow officer

23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 19

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

could rely upon Defendant Anderson to have one pursuant to SPD policies, practices, and

2

procedures. Defendant Anderson’s breach of duty to carry a Taser resulted in his failure to

3

follow the direction of Defendant McNew to deploy the weapon; and contributed chaos instead

4

of strategy and tactical de-escalation to the situation.

4.63

5 6

Caught off guard by Defendant Anderson’s lack of a Taser, Defendant McNew

failed to engage in further de-escalation.

7

4.64

Both of the large Defendant officers had batons but made no physical attempt to

8

disarm Charleena Lyles. Neither of the officers was stabbed, cut, or ever touched by Charleena

9

Lyles.

10

4.65

The officers shouted a few times for Charleena Lyles to “get back.” Officer

11

McNew was so rattled he forgot what to say in violation of his duties to control and de-escalate

12

as a CIT Certified Officer.

13

4.66

The officers had a duty to give a clear warning to Charleena Lyles that they would

14

shoot her if she did not follow their instructions. Since the officers were not standing in the

15

same place but rather on different sides of Charleena Lyles – their instructions to “get back”

16

were confusing, did not constitute a meaningful warning, and further escalated the situation.

17 18

4.67

It is likely that she dropped the knife and was not holding it at the time that

Defendants McNew and Anderson shot and killed her.

19 20 21 22 23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 20

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1 2

4.68

The Medical Examiner determined that Charleena Lyles was shot seven times

both from the front and from the back.

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 21

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

4.69

The bullets struck Charleena Lyles as follows:

2 Bullet 1

Shot from front to back

Bullet 2

Shot from front to back

7

Bullet 3

8

Bullet 4

Shot from back to front Shot from front to back

3 4 5 6

9 Bullet 5

Shot from back to front

Bullet 6

Shot from back to front

Bullet 7

Shot from back to front

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

4.70

Enters middle of her stomach grazing the uterus lodging in the right pelvis Enters right side of her stomach entering the uterus and the almost 4 month old fetus lodging in the left pelvis Right side of her chest is grazed Enters her right hip lodging in the right buttock Enters right side of her back through a heart vein into the lung and exiting the right chest Enters left side of her back exits on the left side of her abdominal wall Enters her right arm and exits on the front

Defendants McNew and Anderson owed a duty to protect and ensure the safety of

Charleena Lyles’ three children which they violated by entering their home without first ensuring their safety, by failing to plan for their mother’s mental health crisis, by instead escalating the situation, and by discharging their weapons right next to the children without first determining the whereabouts of the children. Defendant Anderson could see the two year old near his mother’s feet and knew the four year old was around the corner of the kitchen counter.

Defendant Anderson fired his weapon even though the toddlers were present, in the line of fire, and zone of danger. Defendant McNew knew that the children were on the other side of the kitchen counter but otherwise had no idea where they were when he fired his weapon even THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 22

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

though the toddlers were present, in the line of fire, and zone of danger. Neither officer was

2

aware – thought they should have been – that the third child was in the adjacent bedroom that

3

shared a wall with the area where the shots were fired.

4

4.71

The Defendants’ actions in firing weapons while the children were present, in the

5

line of fire and zone of danger, negligently endangered, traumatized and injured the three present

6

children of Charleena Lyles.

7

4.72

As soon as Charleena Lyles fell to the ground, Defendants McNew and Anderson

8

watched as the baby crawled on top of his dying mother and clung to her. The baby became

9

covered with his mother’s blood. Defendant McNew put on gloves before picking the baby off

10

his mother, and then only did so while Defendant Anderson kept his gun extended and trained on

11

the unmoving and fatally wounded Charleena Lyles.

12 13 14 15 16

4.73

Defendants McNew and Anderson did not touch the four year old toddler who

remained in the living room within eyesight of her dying mother.

4.74

Defendants McNew and Anderson ordered the eleven year old to go back inside

his room after he came into the hall and saw his dying mother.

4.75

All three of Charleena Lyles’ children who were in the house that day were

17

exposed to the threat of gunshot violence on their persons due to the negligent acts of defendants

18

in discharging their weapons while the children were in close proximity to their mother. This

19

constituted negligent assault, to wit: fear of immediate death or harm due to being in the line of

20

fire/zone of danger when the officers shot at Charleena Lyles. The children also witnessed the

21

death of their mother.

22

V.

Causes of Action

23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 23

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

The factual allegations set forth above are alleged and incorporated by reference.

2

A.

Negligence of the City and Officers

3

5.1

Defendants owed all the duties described in detail above, including, but not

4

limited to, the duty to: a) investigate the Memorial Day incident as children were threatened; b)

5

send Charleena Lyles for 72 hour placement after the Memorial Day incident; c) send Charleena

6

Lyles for 72 hour placement after the June 5 incident; d) On June 18, have the CIT Certified

7

Officer lead the call; e) correctly read the “caution” screen to note that there was a “mental”

8

caution and act accordingly per SPD policies, practices and procedures and communicate same;

9

f) fully review the June 5 incident report which noted that Charleena Lyles’ mental illness

10

included the delusion that police were devils and members of the KKK such that mere police

11

presence would likely escalate her to defend her children; g) enter into the premises only after

12

first ensuring safety for the children, for Charleena Lyles, and for the officers; h) use caution and

13

pay attention instead of for example being distracted by old meat loaf; i) plan for de-escalation

14

procedures should Charleena Lyles experience a behavioral crisis/mental health outburst as she

15

did two weeks before; j) consider and take steps to prevent danger to children by a police visit; k)

16

depart from the premises to de-escalate; l) bring the mandated Taser; m) deploy the Taser when

17

directed to do so; n) not escalate by shouting meaningless words and pulling guns; o) give a

18

proper warning before shooting to kill; p) not shooting after Charleena Lyles dropped the knife;

19

q) shooting while the children were in the line of fire and zone of danger, r) properly assess

20

threat, and s) control the scene; t) use a complete taser team; and u) otherwise follow training

21

and policy.

22 23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 24

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

The City’s duty regarding training and supervision arose after this state waived sovereign

2

immunity. More specifically, this duty arose when each respective individual defendant became

3

an employee of the City. Niece v. Elmview Group Home, 131 Wn.2d 39, 48, 929 P.2d 420

4

(1997); Rodriguez v. Perez, 994 P.2d 874, 880, 99 Wn. App. 439 (Wn. App. Div. 1 2000). The

5

City’s duty to divert her to the appropriate mental health treatment and care after the June 5,

6

2017 arrest arose when the City, through its employees and agents, decided to affirmatively act

7

and respond to the June 5 domestic violence call. Similarly, the duties breached by the individual

8

officers on June 18, 2017, arose when the individual officers decided to affirmatively act and

9

respond to the June 18 burglary call. See Munich v. Skagit Emergency Commc'n Ctr., 175 Wn.2d

10

871, 878, 288 P.3d 328 (2012); Mancini v. City of Tacoma, 188 Wn. App. 1006 (Div. 1, 2015)

11

(unpublished). Mita v. Guardsmark, LLC, 182 Wn. App. 76, 84, 328 P.3d 962 (2014); Robb v.

12

City of Seattle, 176 Wn.2d 427, 436–37, 295 P.3d 212 (2013); 16 David K. DeWolf & Keller W.

13

Allen, Washington Practice: Tort Law and Practice § 2:2, at 37–38 (4th ed.2013).

14 15 16

5.2

Defendants breached the duties in many ways, including, but not limited to, the

matters discussed below.

5.3

The individual Defendants did not believe that Charleena Lyles posed a

17

significant threat of death or serious physical injury to themselves or others at the time they used

18

deadly force. Deadly force is not appropriate simply because a person with mental illness holds

19

a knife. Charleena Lyles had made no movements or threats towards her children. She did not

20

cut, stab or touch anyone.

21 22 23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 25

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

5.4

The individual Defendants acted unreasonably and were negligent in responding

2

to Charleena Lyles’ call for help without first developing a plan based upon her known mental

3

health problems and prior actions which required de-escalation.

4

5.5

The individual Defendants failed to exercise reasonable care to perform their

5

duties in responding to Charleena Lyles’ call for help given her known mental health condition

6

and in doing so increased Charleena Lyles’ risk of harm and death.

7 8 9

5.6

The individual Defendants acted unreasonably and negligently in not having the

CIT Certified Officer lead the call in violation of SPD policies, practices and procedures.

5.7

The individual Defendants acted unreasonably and negligently in entering into

10

Charleena Lyles home on a nonurgent cold call of the burglary of an X-box, without first

11

deciding if it would be prudent to do so given the June 5 incident.

12

5.8

The individual Defendants acted unreasonably and were negligent in responding

13

to call where an officer safety and mental “caution” had been issued but instead they were

14

distracted by old meatloaf and other detritus.

15

5.9

The individual Defendants acted unreasonably and were negligent for failing to

16

command Charleena Lyles to stand still or otherwise move in clearly designated direction. The

17

command to “get back” was inadequate where Defendants McNew and Anderson were both in

18

front of and in back of her.

19 20

5.10

The individual Defendants acted unreasonably when they negligently failed to

command Charleena Lyles to drop the knife.

21 22 23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 26

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

5.11

The individual Defendants acted unreasonably and were negligent when

2

Defendant Anderson and McNew failed to adequately assess any existing threat, control the

3

scene, and failed to use a complete taser team.

4 5 6 7 8 9 10 11

5.12

The individual Defendants acted unreasonably when they negligently failed to

warn Charleena Lyles that they would shoot her.

5.13

The individual Defendants acted unreasonably when they negligently failed to

engage in de-escalation techniques.

5.14

The individual Defendants acted unreasonably and negligently when Defendant

Answer was instructed to deploy his Taser but could not because he failed to bring it in violation of SPD policies, practices and procedures.

5.15

The individual Defendants acted unreasonably and negligently when they failed to

12

consider that Charleena Lyles’ mental illness weighed against the use of deadly force. Specific

13

less-intrusive methods of subduing her had been made available to the officers. In addition to

14

the absent Taser, the officers had batons which they failed to even attempt to use.

15

5.16

The individual Defendants acted unreasonably and negligently when they went

16

into Charleena Lyles’ home with guns but no Taser in violation of SPD policies, practices and

17

procedures.

18

5.17

Defendants had the duty to exercise the degree of skill, care and training expected

19

of a reasonably prudent police officers in the State of Washington acting under the same or

20

similar circumstances at the times in question.

21 22

5.18

The individual Defendants failed to exercise that degree of skill, care and training

expected of a reasonable and prudent police officer and were therefore negligent.

23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 27

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1 2 3

5.19

Defendant Anderson acted unreasonably and negligently in failing to carry his

mandated Taser.

5.20

Defendant McNew acted unreasonably and negligently in failing to exercise the

4

responsibilities of a CIT Certified Officer including but not limited to taking the lead, collecting

5

the correct information regarding caution and prior incident, paying attention, and ensuring that

6

weapons other than guns were available should de-escalation be necessary.

7 8 9

5.21

The individual Defendants negligently inflicted emotional distress on the three

minor children present in the home.

5.22

The individual Defendants acted unreasonably and negligently in shooting

10

Charleena Lyles seven times from the front and back in her own home, until she was dead, in the

11

presence of three of her minor children.

12

5.23

Defendant City of Seattle was negligent for its actions as described above

13

including the negligent supervision and training of its officers. This duty arose prior to June 18,

14

2017 and has existed since the waiver of sovereign immunity.

15 16 17 18 19

5.24

Defendant City of Seattle is vicariously liable for the acts and/or omissions of

Defendants McNew and Anderson.

5.25

As a direct and proximate result of Defendants’ tortious conduct, Charleena Lyles

was killed.

5.26

As a direct and proximate result of Defendants’ tortious conduct, Charleena

20

Lyles’ three children present for the shooting suffered severe emotional distress stemming from

21

guns being fired in their direct proximity, the witnessing of their mother being killed, being

22

subjected to an officer remaining with his gun drawn and levelled on their mother after the shots

23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 28

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

were deployed, and witnessing the officers failure to engage in lifesaving measures toward their

2

fallen mother.

3

5.27

As a direct and proximate result of Defendants’ tortious conduct, all four of

4

Charleena Lyles’ children suffered survivor injuries and damages in an amount to be proven at

5

the time of trial.

6

B.

Assault

7

5.28

Additionally, the individual defendants assaulted Charleena Lyles by shooting

8

her. The unlawful assault was a proximate cause of Charleena’s death and the damages suffered

9

by her estate.

10

5.29

Additionally, the individual defendants assaulted the three children in the home

11

by shooting Charleena Lyles. The unlawful assault was a proximate cause of the damages

12

suffered by her three children in the home.

13 14 15

VI. DAMAGES 6.1

As a direct and proximate result of the tortious conduct of the Defendants as

16

described above, the Plaintiffs have suffered past and future economic and non-economic

17

damages in an amount to be proven at trial as described below.

18

6.2

The Estate of Charleena Chavon Lyles, by and through Commissioner Eric

19

Watness, as Personal Representative, suffered economic and non-economic damages, including

20

pre-death pain and suffering, fear of death, loss of future potential earnings, and loss of

21

enjoyment of life, in an amount to be proved at trial, including all damages as provided under

22

RCW 4.20.010, RCW 4.20.046 and RCW 4.20.060.

23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 29

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1

6.3

The four minor children, as the natural children of Decedent and according to

2

RCW 4.20.020, suffered damages in an amount to be proven at trial, including the destruction of

3

the parent/child relationship and all other damages as provided under RCW 4.20.010, RCW

4

4.20.046 and RCW 4.20.060.

6.4

5

The three youngest children who were present at the time their mother was killed

6

are entitled to damages for assault and negligent infliction of emotional distress in an amount to

7

be proven at trial.

8

6.5

9

All four children are entitled to damages for any other available personal injuries

in an amount to be proven at trial.

10

PRAYER FOR RELIEF

11 12

WHEREFORE, Plaintiffs pray for judgment against the Defendants jointly and severally as follows:

13

1.

For general and special damages sustained;

14

2.

For costs, reasonable and statutory attorney fees, and other relief as established by

3.

For such other further relief as the Court deems just and equitable under the

15 16 17 18

law;

circumstances of this case.

DATED this 10th day of May, 2018.

19 20 21 22 23 24

___________________________________ Karen K. Koehler, WSBA #15325 Melanie Nguyen, WSBA #51724 STRITMATTER KESSLER WHELAN KOEHLER MOORE THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 30

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1 2 3 4 5

_____________________________________ Edward H. Moore, WSBA #41583 LAW OFFICES OF EDWARD H. MOORE, PC

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 31

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777

1 2 3 4 5 6 7 8

CERTIFICATION I hereby certify that on May 10, 2018, I delivered a copy of the document to which this certification is attached for delivery to all counsel of record as follows: Robert L. Christie, WSBA #10895 Christie Law Group 2100 Westlake Ave N, Ste 206 Seattle, WA 98109-5802 Counsel for Defendants McNew and Anderson

U.S. Mail Fax Legal messenger Electronic Delivery (per agreement/KCLR 30 via KCSC efiling system)

bob@christielawgroup.com; megan@christielawgroup.com; maureen@christielawgroup.com; stefanie@christielawgroup.com

9 10 11 12 13 14

Ghazal Sharifi, WSBA 47750 Jeff Wolf, WSBA 20107 Seattle City Attorney's Office 701 5th Ave Suite 2050 Seattle, WA 98104 Counsel for City of Seattle

U.S. Mail Fax Legal messenger Electronic Delivery (per agreement/KCLR 30 via KCSC efiling system)

Ghazal.sharifi@seattle.gov; Jeff.wolf@seattle.gov; kelly.nakata@seattle.gov; autumn.derrow@seattle.gov; belen.johnson@seattle.gov;

15 16 /s/ Anne Roberson Anne Roberson Paralegal to Karen Koehler STRITMATTER KESSLER WHELAN KOEHLER MOORE

17 18 19 20 21 22 23 24

THIRD AMENDED COMPLAINT FOR WRONGFUL DEATH ACTION AND NEGLIGENCE - 32

STRITMATTER KESSLER WHELAN KOEHLER MOORE 3600 15th Ave W, #300.| Seattle, WA 98119 Tel: 206-448-1777