Contact Stewart A. Estes

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Stewart A. Estes

Managing Shareholder

Stew Estes is the Managing Shareholder and President of the Board of Directors of Keating, Bucklin & McCormack, Inc., P.S. He joined the firm in 1992 after working for the Office of the Attorney General.

Since 1987, he has defended and counseled state and local government officials and agencies, and private companies and individuals. His practice focuses primarily on the defense of damage trials involving Civil Rights Act violations, police misconduct, sexual assault, and employment discrimination. He also handles issues such as training, risk management, and government-specific matters such as Public Disclosure, and coroner's inquests. He is a frequent lecturer at CLE seminars and police training events, and has served on several WSBA committees.

Stew also has an active appellate practice. He has been the Chair of the Washington Defense Trial Lawyers (WDTL) Amicus Committee since 1998, and has argued dozens of appellate cases. His numerous published decisions are set out below. Stew is a member of the Washington Appellate Lawyers Association (WALA). He is a co-author, along with Bryan Harnetieaux of the Amicus Practice Chapter to the Washington Appellate Practice Supplement. 

Representative Cases

Police Defense

Stew has defended over 80 cases of police officers accused of 1) excessive force through firearms, impact weapons, OC spray, and handcuffs, 2) improper vehicular pursuit; 3) false arrest; 4) malicious prosecution; 5) wrongful warrant application; and 6) wrongful seizure of property. He has handled numerous Coroner's Inquests involved officers who have employed deadly force. He recently obtained a rare victory in the Ninth Circuit, with the Court of Appeals reversing the District Court's refusal to dismiss the case on summary judgment in a fatal police shooting case.

For the past 10 years, Stew has been working to design and implement a statewide program for police officers in the area of Crisis Intervention Team (CIT) training for dealing with the mentally ill. He served on the Governor's CIT Training Steering Committee, which created a pilot program, and has been a presenter at the Criminal Justice training Commission on the topic.

In 2007, Stew along with Andy Cooley and Kimberly Waldbaum, received a complete defense verdict after a five week federal court Class Action jury trial. This case is believed to be the largest civil rights class action case to go to verdict in U.S. history. The suit was brought by over 160 named plaintiffs representing a class of up to 800 Washington State University students and faculty members. The plaintiffs sought damages of over $30 million, plus punitive damages, and compensatory damages for the hundreds of class members as well. The mostly African-American Plaintiffs claimed that the use of Oleoresin Capsicum (pepper spray) by City of Pullman police officers to break up a violent night club brawl among WSU football players and others constituted excessive force, Due Process violations, negligence and was motivated by racial animus. The jury rejected all claims.

Discrimination Cases

Sexual Harassment: Defended police commanders, public works officials, and private business managers accused of sexual or racial harassment and discrimination. Cases have been dismissed on motion, or settled for minor amounts.

Private Workplace Investigator: Defended claims of improper investigation made by Western State Hospital risk manager who was fired after client's investigation into years of his alleged sexual assault and abuse of female employees. Case dismissed on summary judgment. Successfully sued business insurance broker for failure to obtain proper insurance coverage.

Arrest of Deaf Suspect: Defended federal court lawsuit against Police Department accused of wrongfully arresting deaf female domestic violence suspect. A state statute declared that the officers' actions were unlawful because they had failed to obtain an ASL interpreter to read her Miranda rights or to interview her, and it was alleged that the ADA was violated as well. We first had the case certified to the Washington Supreme Court who invalidated the statute as unconstitutional. Next, on remand we obtained dismissal of the ADA claims relieving the officers of all liability.

Sexual Abuse and Assault Cases

Defended over 30 lawsuits brought against employers, licensors, supervising agencies, and spouses accused of negligence in sexual abuse and assault suits. Example clients and cases include:

  • Department of Corrections: Negligent supervision of Level 3 sex offenders.
  • Churches and Religious Orders: Defended these organizations on claims that pastors or nuns sexually abused children.
  • Group Homes: Defended the "OK Boys Ranch" lawsuits involving almost 50 claims of sexual and physical abuse by staff, other boys, and community members.
  • Foster Parent defense: Defended allegations of physical "shaken baby syndrome" and sexual abuse.
  • Individuals: Defended wives accused of negligently allowing their husbands to sexually abuse children.

Public Records Act

  • Stew has provided day to day advice and defended lawsuits involving the Public Records Act. In 2002 he obtained the first known injunction against a citizen for his abuse of the PRA, and an assessment of sanctions.

APPELLATE CASES

Constitutional Law

  • Torres v. Wilkinson, 610 F.3d 546 (9th Cir. 2010) (holding as a matter of law that police officer who shot and killed fleeing suspect did not violate his constitutional rights regarding excessive force);
  • Des Moines Marina Assn v. City Of Des Moines, review denied, 154 Wn.2d 1018, 113 P.3d 1040 (2005) (Imposition of higher moorage rates on non-resident tenants of marina does not violate Equal Protection clause; no standing by association to sue on behalf of tenants; and City has statutory authority to charge market rates for moorage);
  • Benjamin v. Washington State Bar Assn., 138 W.2d 506, 978 P.2d 742 (1999)(implied right of action under free speech clause of Washington Constitution);
  • Edgar v. City of Tacoma, 129 Wn.2d 621, 919 P.2d 1236 (1996) (right to jury trial and the 1993 amendments to the Tort Reform Act);
  • Patrice v. Murphy, 136 Wn. 2d 845, 966 P.2d 1271 (1998) (legislative bill title requirements of Washington Const., Art. II, Section 19; and, interpreters for deaf suspects in police investigations);
  • Bankruptcy Estate of Hansen v. City Of Kent, 81 Wn. App. 270, 914 P.2d 127, review denied, 130 Wn. 2d 1008 (1996)(res judicata and collateral estoppel in Civil Rights Act case, and proximate cause for judge's erroneous issuance of search warrant);
  • Ochsner v. Board of Trustees of Community College Dist. No. 17, 61 Wn. App. 772, 811 P.2d 985 (1991) (breach of educational contract by arbitrary & capricious assignment of a failing grade).

Tort Law

  • Fisk v. City of Kirkland, 164 Wn.2d 891, 194 P.3d 984 (2008) (public duty doctrine case prevents city liability for negligent maintenance of water supply system);
  • Stiefel v City of Kent, 132 Wn. App. 523; 132 P.3d 1111 (2005), review dismissed, __ Wn 2d __ (2006) (public duty doctrine case prevents city liability for negligent maintenance of water supply system);
  • Joyce v. State; 155 Wn. 2d 306, 119 P.2d 825 (2005)(negligent parole supervision suit; agency policies do not establish duties);
  • Tegman v. Accidental and Medical Investigations, 150 Wn.2d 102; 75 P.3d 497_ (2004)(segregating damages between negligent and intentional tortfeasors);
  • Kloepfel v. Boker, 149 Wn.2d 192, 66 P.3d 630 (2003) (elements of the tort of outrage);
  • Estate of Lowry v. City of Auburn, 111 Wn. App. 1026 (2002) (under the “Fireman’s Rule,” or assumption of risk, an officer who allowed an armed man to leave scene despite his assaultive behavior is not liable to a SWAT officer in a different jurisdiction who was killed entering the man’s house to arrest him);
  • Cox v. Spangler; 141 Wn.2d 431, 5 P.3d 1265 (2000) (burden of segregating indivisible injury in successive tort-feasor case, and collateral source rule);
  • Hiner v. Bridgestone/Firestone, Inc., 138 Wn. 2d 248, 978 P.2d 505 (1999) (application of Tort Reform Act comparative fault to Product Liability Act);
  • Welch v. Southland Corp., 134 Wn. 2d 629, 952 P.2d 162 (1998) (apportionment of fault to an intentional tortfeasor under Tort Reform);
  • Savage v. State of Washington, 127 Wn.2d 434, 899 P.2d 1270 (1995) (qualified immunity for public employees and employers);
  • Samuelson v. Community College District No. 2, 75 Wn. App. 340 877 P.2d 734 (1994), review denied, 125 Wn. 2d 1023 (1995) (discovery rule exception to statute of limitations, and duty of oversight agency to inform professors of retirement plans);
  • Anderson v. City of Seattle, 123 Wn.2d 847, 873 P.2d 489 (1994) (joint and several liability with a bankrupt defendant under Tort Reform Act of 1986);
  • Noakes v. City of Seattle, 77 Wn.App. 694, 895 P.2d 842, review denied, 127 Wn.2d 1021 (1995) (public duty doctrine and 911 dispatches).

Wrongful Death

Philippides v. Bernard, 151 Wn.2d 376, 88 P.3d 939 (2004) (non-financially dependent parents precluded from suit for wrongful death of adult child).

Disability & Discrimination Law

  • Hill v. BCTI Income Fund-1, 144 Wn 2d 172, 23 P.2d 440 (2001) (Age, race and disability discrimination suit analyzing the pretext-plus standard; no medically necessary asthma accommodation required; and age was not a substantial factor in decision to terminate plaintiff);
  • Patrice v. Murphy, 43 F.Supp. 2d 1156 (W.D. Wash. 1999) (application of the ADA to the arrest and interrogation of a deaf criminal suspect);
  • Newlun v. Dept. of Retirement Systems, 53 Wn. App. 809, 770 P.2d 809, review denied, 113 Wn. 2d 1014 (1989) (LEOFF Act: Jurisdiction; and, psychiatric disability for undercover narcotics detective using drugs).

Child Sex Abuse

  • CJC v. Corporation of The Catholic Bishop, 138 Wn. 2d 699, 985 P.2d 262 1999)(application of the statute of limitations in a childhood sexual abuse case against a third-party non-perpetrator);
  • E.R.B. v. Church of God, 89 Wn App.670, 950 p.2d 29 (1998), reversed, 138 Wn 2d 699, 985 P.2d 262 (1999) (same).

Land Use

  • Spring Spectrum, L.P., v. City of Medina, 924 F.Supp. 1036 (W.D. Wash. 1996) (lawfulness of cell tower moratorium under new Telecommunications Act. First published decision in U.S. under TCA);
  • Brutsche v. City of Kent, 78 Wn. App. 370, 898 P.2d 319, review denied, 128 Wn. 2d 1003 (1995) (statute of limitations for challenge to municipal land use decisions).

Highway Design

  • Ruff v. King County, 125 Wn.2d 697, 887 P.2d 886 (1995) (scope of County's duty to update roadways and discretionary immunity);
  • MCCluskey v. Handorff-Sherman and State of Washington, (PDF, 125 Wn.2d 1, 882 P.2d 157 (1994) (discretionary immunity for highway design decisions by government agencies).

Unpublished Opinions

  • Stew has fourteen unpublished cases. In all of them, the trial court's dismissal on summary judgment was affirmed on appeal.

Presentations

Presentations:

SWAT Liability Issues

  • Washington State Tactical Officers Association Annual Conference, 2016

FTO Reporting

  • National Association of Field Training Officers' Annual Conference, 2016

Use of Force Training

  • Bainbridge Island and Poulsbo Police Departments, 2016

Are private emails generated on a government computer "public records" under the WA PRA?

  • Washington Association of Sheriffs and Police Chiefs (WASPC), Spring Exposition and Training Conference, May 2014, Spokane
  • Washington Association of Public Records Officers (WAPRO), Spring Training Conference, May 2014, Lynnwood

Current Law Regarding Medical and Recreational Marijuana

  • Washington State Association of Municipal Attorneys (WSAMA), Spring Conference, May 2014, Vancouver

Reducing Liability Risks in Field Training Programs,

  • National Association of Field Training Officers, Washington Chapter's Annual Conference, CJTC, March 2014

Handling Appellate Cases as Amicus Curiae,

  • King County Bar Association, Appellate Section, November 2010

Concussion Management: Standards & Liability,

  • University of Washington & Foster Pepper, The Business of Sport Seminar, April 2010

Federal Court Pre-Trial Practice,

  • Office of the Attorney General Seminar, January 2010

Annual Tort Law Seminar (Amicus Update),

  • Washington Defense Trial Lawyers, December 2007-2012

Public Records - Requests and Disclosures,

  • Washington Cities Insurance Authority, Regional City Attorney Seminar, June 2007

Crisis Intervention Team Training - Dealing with the Mentally Ill,

  • WCIA Police Command Staff Seminar, August 2006

Qualified Immunity Doctrine;

  • Police Liability Seminar, Lorman Educational Services, 2002, 2003, 2004

Ethical Considerations in Police Litigation,

  • Police Liability Seminar, Lorman Educational Services, 2002, 2003, 2004

The Defense and Indemnification of Public Employees,

  • Washington State Association of Municipal Attorneys, Annual Conference, October 2003;

Municipal Probation Supervision,

  • City Attorney Seminar, Washington Cities Insurance Authority, November 2002;

Firearms and Restraining Orders,

  • Police Chiefs Seminar, Washington Cities Insurance Authority, April 2000

Conducting Investigations,

  • Police Chiefs Seminar, Washington Cities Insurance Authority, April 2000

Dealing with the Effects of Initiative 695 on City Employees,

  • Executive Board Education, Washington Cities Insurance Authority, January 2000

Publications:

  • The Short Happy Life of Litigation Between Tortfeasors: Contribution, Indemnification and Subrogation After Washington's Tort Reform Acts, 21 Seattle Univ. Law Rev.101 (1997), quoted with approval, Kottler v. State, 136 W.2d 437, 445-48, 963 P.2d 834 (1998); and, Geurin v. Winston Industries, 316 F.3d 879,883 (9th Cir. 2002)). His article has now been cited by the following: 6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 41.04, Comments (6th ed.); Rossella Esther Cerchia, Uno per tutti, tutti per uno. Itinerari della responsabilità solidale nel diritto comparato ("One for all, all for one. Routes of joint liability in comparative law") (Giuffrè Ed, Milano, 2009), at 280; Victor J Torres, Tegman v. Accident & Medical Investigations, Inc.: The Re-Modification of Modified Joint and Several Liability by Judicial Fiat, 29 Seattle U. L. Rev. 729, 741 n. 86 (2005-2006); H Dagan, JJ White, Governments, Citizens, and Injurious Industries, 75 N.Y.U. L. Rev. 354, 384 n. 116 (2000); Carol Sue Janes, Washington Health Law Manual — Third Edition (2011), Chapter 8, Section 8.5.5, at 8-42; 2 Comparative Negligence Manual Ch. 68 (3d ed); and, 3 Bruner & O'Connor Construction Law §§ 10:118, and, 10:128.
  • Public Policy and the Deconstruction of Stare Decisis: The Supreme Court Rethinks Qualified Immunity in Savage v. State, The Defense Press, Vol. 4, No. 5, Spring/Summer 1996.
  • Court Decides Legal Issues Raised by Partially Uncollectible Settlement, WSTLA Trial News, December 1995, Vol. 31, No. 4.
  • Where Are You Going, Where Have You Been? The Dust Settles on the Tort Reform Act of 1986, Washington Bar News, April 1995.
  • The Helmet Defense: Making the Case for Personal Responsibility, Stewart A. Estes and Andrew G. Cooley, The Defense Press, Vol. 4, No. 3, Spring 1995.
  • Compelled and Voluntary Disclosure of Information by Public Agencies: Scylla & Charybdis Revisited, October 1994.
  • Guimont v. Clarke: The Washington Supreme Court Revises the Presbytery Takings Analysis, The Defense Press, Vol. 3, No. 9, Summer 1993.
  • Powers v. Skagit County: The Court of Appeals Construes Lucas v. South Carolina Coastal Council, The Defense Press, Vol. 3, No. 8, Winter 1993.
  • Recent Developments in Government Liability Law,     The Defense Press, Vol. 3, No. 7, Fall 1992.
  • Learn Something Through Pro Bono, S.A. Estes and M. Elliott, Washington Bar News, October 1991.
  • The Government Lawyer and Pro Bono, Washington Bar News, November 1990.
  • Washington Real Property Forfeiture: An Examination of the 1989 Amendments to RCW 69.50.505. A handbook for government attorneys and law enforcement officers, July 1989 (updated 1992-1998).

Education, Recognition, and Honors

  • Stew is a 1982 graduate of the University of Arizona (B.S., Political Science), and a 1985 graduate of the University of New Mexico School of Law, where he was a member of the Law Review.
  • Stew was recently named one of Seattle's Top Lawyers in the civil rights area by the Seattle Magazine. He has been named a Super Lawyer for several years, and is AV Rated by Martindale-Hubbell.
  • Stew has been the Chair of the Washington Defense Trial Lawyers Association Amicus Committee since 1998, and has filed dozens of appellate briefs. He is the author of a law review article, and was accepted as a member of the exclusive Washington Appellate Lawyers Association.

Professional and Community Activities

  • Washington State Bar Association (November 1985), Bar Number 15535
  • King County Bar Association
  • U. S. Supreme Court Bar Association (November 1994)
  • Washington Defense Trial Lawyers
    • Chair, Amicus Committee, 1997- Present
    • Board of Trustees, 2002-2003
    • Member, 1992 - Present
  • Washington State Bar Association
    • Court Rules & Procedures Committee, 1997 - 2000
    •  Civil Rights Committee, 1995 - 1997
    • Legal Aid Committee, 1989 - 1992
  • Defense Research Institute, 1997 - present
  • Arbitrator, King County Superior Court, 1993 - present
  • Washington State Brain Injury Foundation, 1994 - 1998
  • Government Lawyers Bar Association 1988 - 1992
  • Thurston-Mason Pro Bono Program, 1987-1992 
  • Washington Super Lawyers, since 1999.
  • Seattle's Top Lawyers, Seattle Magazine, July 2010 (Civil Rights)
  • Washington Appellate Lawyers Association, 2005-Present
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