WASHINGTON STATE PATROL IMPOUND CLASS ACTION
Superior Court Grants Final Approval to Settlement of DWLS Impound Class Action Against Washington State Patrol
On October 2, 2009, the Thurston County Superior Court in Olympia gave final approval to settlement of a class action lawsuit against the Washington State Patrol (WSP) arising out of the WSP’s impoundment of vehicles for Driving with License Suspended (DWLS) violations between June 1, 2001 and December 19, 2002 (the “Class Period”). Plaintiff in the case alleges that the WSP conducted these impounds under an unlawful mandatory impound policy.
The lawsuit has been pending since June 1, 2004. During that time, the Washington Supreme Court has issued two opinions in the case favorable to the plaintiff class. Over the course of the lawsuit, the Washington courts have held that:
- The case may proceed as a class action;
- The class is limited to those registered owners whose motor vehicles were impounded by the WSP solely for DWLS violations during the Class Period who have not resorted to any other judicial or administrative method to challenge the legitimacy of the impound; and
- The WSP may be held liable in a civil action for damages for unlawful impounds.
The settlement provides for damages for class members who redeemed their vehicles from impound and whose vehicles were auctioned as a result of the impound. Amounts paid to participating class members are determined by a set schedule based on whether the vehicle was redeemed from impound or auctioned, the length of the hold placed on the vehicle at the time of impound, and whether the registered owner was driving at the time of impound. Total payments under the settlement are limited to $900,000.
The deadline for filing claims against the settlement was September 4, 2009 and the settlement is now closed to new claims. Payments under the settlement should occur in early 2010, assuming that approval of the settlement is not appealed.
More details about the settlement can be found in the settlement agreement and class notices or calling the Impound Class Action hotline: 1-800-809-2234.
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To learn more about the Washington State Patrol (WSP) Class Action read the:
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