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Fordyce v. City of Seattle
Citations: 907 F. Supp. 1446; 24 Media L. Rep. (BNA) 1414; 1995 U.S. Dist. LEXIS 18585; 1995 WL 728137Docket: No. C92-75WD
Court: District Court, W.D. Washington; December 4, 1995; Federal District Court
Plaintiff Jerry Edmon Fordyee brought a lawsuit against the City of Seattle and eight police officers, alleging police misconduct related to his videotaping of a public demonstration on August 5, 1990. The court granted summary judgment dismissing all claims except for one concerning Fordyee's arrest under RCW 9.73.030, which prohibits recording private conversations without consent. The court declared that this statute does not apply to recordings made in public spaces where voices are audible to passersby, thus providing a form of declaratory relief rather than an injunction. Fordyee was awarded attorney fees amounting to twenty percent of his request under 42 U.S.C. § 1988. On appeal, the Ninth Circuit found that the constitutionality of the Washington statute was in question but deemed the state’s participation as amicus curiae insufficient. Consequently, the court vacated the declaratory judgment and attorney fee order. The appellate court reversed the summary judgment in favor of Officer Elster regarding Fordyee’s assault and battery and Section 1983 claims, as well as the City’s vicarious liability for Elster’s actions. Following the appellate court's mandate, the State of Washington declined to intervene but supported reaffirming the previous interpretation of the statute. The parties subsequently filed a joint motion for judgment, which included a renewed motion for declaratory relief, a consent judgment of $1,500 for the assault and battery claim, and a post-judgment motion for attorney fees. The court granted the joint motion on November 28, 1995, ordering the following: 1. A declaratory judgment affirming that RCW 9.73.030 does not criminalize the recording of audible conversations in public. 2. A consent judgment of $1,500 against the City of Seattle and Officer Tyler Elster for assault and battery. 3. Dismissal of Fordyee’s other claims for damages and injunction. 4. Recovery of taxable costs for Fordyee, with a motion for attorney fees due by December 14, 1995.