5 Democrats, ? Republican
Washington
State Supreme Court
Eighth Amendment Cognate
- State 8A equivalent is stronger than 8A.
- In 2016, abolished the death penalty.
- WASH. CONST. Art. I, § 14 (“Excessive bail shall not be required, excessive fines imposed, nor cruel punishment inflicted”). “We have previously held that article I, section 14 is more protective than the Eighth Amendment when evaluating both the proportionality of the POAA, Witherspoon, 180 Wash.2d at 887, 329 P.3d 888, and juvenile sentencing, State v. Bassett, 192 Wash.2d 67, 82, 428 P.3d 343 (2018)”.
State Civil Rights Statute
- No cause of action
- In general, if common law provides an adequate remedy for an injury, the Washington Supreme Court has declined to extend a private right of action unless there is some augmentative legislation creating such a right. Blinka v. Wash. State Bar Assoc., 109 Wash. App. 575, 591, 36 P.3d 1094 (2001); Dormaier v. City of Soap Lake, No. 2:19-CV-00354-SAB, 2020 WL 6687356, at *7 (E.D. Wash. Nov. 12, 2020) (“The Washington Supreme Court has held repeatedly that the Washington State Constitution does not automatically create an implied private right of action for constitutional violations.”)
Torts and Other Remedial Statutes
- WA ST 4.92.090 The state of Washington, whether acting in its governmental or proprietary capacity, shall be liable for damages arising out of its tortious conduct to the same extent as if it were a private person or corporation.
Protective Legislation
Recent Legislative Efforts
- Washington HB 2080 An act relating to solitary confinement, 2019 Leg., Reg. Sess. (Wash. 2019), Status: Did not pass before end of session; In Committee on Public Safety
- Would prohibit solitary confinement of juveniles (anyone who is incarcerated for an offense committed when they were under 18) except when necessary to prevent significant and imminent harm and other less restrictive means have been unsuccessful.
PLRA Equivalent
- WASH. REv. CODE § 72.0q.III (SuPP. 2002)
Immunities
- WA ST 10.99.070 (Arrest based on probable cause, enforcement in good faith of a court order, or any other action or omission in good faith under this chapter arising from an alleged incident of domestic violence brought by any party to the incident)