Note: This Brief is as received from Clark County defendants.

My Brief is available on line along with a page with links to all the documents in this case. The Washington Appeal Brief is also available on line with the record. These is also a page with links to the sections describing events as they occurred.

Page breaks have been moved slightly to avoid page splits in the middle of paragraphs. Hand written entries (signatures) are shown in italics and underlined.



NO. 07-35962


IN UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT


Brian P. Carr

Plaintiff-Appellant
versus
Sam Reed et al

Defendants-Appellees.


APPEAL FROM AN ORDER OF THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT TACOMA

No. C07-5260RJB
The Honorable Robert J. Bryan
United States District Judge


BRIEF OF APPELLEES Harris, Nichols, B. Johnson, Eiesland, Melnick, Hagensen, Osler


Bernard F. Veljacic
Deputy Prosecuting Attorney
Clark County Prosecuting Attorney's Office
Civil Division
PO Box 5000
Vancouver, WA 98666-5000
(360) 397-2478

Counsel for Appellees
Harris, Nichols, B. Johnson,
Eiesland, Melnick, Hagensen, Osler


TABLE OF CONTENTS

Page
I.ADOPTION BY REFERENCE1
II.CONCLUSION1
III.STATEMENT OF RELATED CASES1
IV.CERTIFICATE OF COMPLIANCE1

i

TABLE OF AUTHORITIES

Please see Co-Appellee's brief.

ii

I. ADOPTION BY REFERENCE.

In the interests of judicial economy and to avoid unnecessary duplication, the Clark County Appellees, pursuant to Fed. R. App. P. 28(i), hereby adopt by reference the brief of the State Appellees, authored by John Nicholson, including the Jurisdictional Statement, Counterstatement of the Issues, Statement of the Case, Statement of Facts, Statement of Standard of Review.

The Clark County Appellees also adopt by reference the applicable portions of Mr. Nicholson's argument, specifically sections B.1 (Rooker Feldman Doctrine), B.2 (Res Judicata), and B.3 (Absolute Judicial Immunity).

II. CONCLUSION

Based on the adopted argument and authority, Clark County Appellees submit the District Court properly determined plaintiff-appellant's claims on summary judgment. Clark County Appellees respectfully request that the determination and judgment of the trial court be affirmed in all respects.

III. STATEMENT OF RELATED CASES

There are no related cases pending before the Ninth Circuit Court of Appeals.

IV. CERTIFICATEOF COMPLIANCE


1

The Clark County Appellees' brief is double spaced (except for indented quotes and footnotes) and is typed in a proportional font. The point size is 14 and the word count is 398.

DATED this the 28 day of January, 2008.

Respectfully submitted,

Deputy Prosecuting Attorney
Clark County Prosecuting Attorney
Of Attorneys for Clark County Appellees Harris, Nichols, B. Johnson, Eiesland, Melnick, Hagensen, Osler


2

This page was last updated on February 3, 2008.