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Current as of January 01, 2025 | Updated by Findlaw Staff
(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:
(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.
Cite this article: FindLaw.com - Washington Revised Code Title 70. Public Health and Safety § 70.395.070. Violations--Rights of action - last updated January 01, 2025 | https://codes.findlaw.com/wa/title-70-public-health-and-safety/wa-rev-code-70-395-070/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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