(1) A detained person aggrieved by a violation of this chapter has a right of action in superior court and may recover for each violation as follows:

Terms Used In Washington Code 70.395.070

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Statute: A law passed by a legislature.
(a) Against any person who negligently violates a provision of this chapter, $1,000, or actual damages, whichever is greater, for each violation;
(b) Against any person who intentionally or recklessly violates a provision of this chapter, $10,000, or actual damages, whichever is greater, for each violation;
(c) Reasonable attorneys’ fees and costs if the detained person is the prevailing party; and
(d) Other relief, including an injunction, as the court may deem appropriate. Injunctive relief may be issued without bond in the discretion of the court, notwithstanding any other requirement imposed by statute.
(2) Any action under this chapter is barred unless the action is commenced within three years after the cause of action accrues.
(3) For the purposes of this section, “person” means an owner, operator, contractor, subcontractor, or employee of a private detention facility.
(4) The state and its agencies are not liable for a violation of this chapter.

NOTES:

Effective date—Construction—2023 c 419: See notes following RCW 42.56.475.
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