Seattle Mun. Code ch. 14.12, subch. IX, § 14.12.350 Civil liability
14.12.350 - Civil liability
A. Subject to the limitations of this Section 14.12.350 and Section 14.12.360, a person shall have a right of action against the City based on this Chapter 14.12 for injuries proximately caused by departmental personnel wilfully in the scope and course of their duties:
1. Collecting private sexual information when Section 14.12.130 prohibits collection of such information;
2. Collecting restricted information where the prohibition of Section 14.12.150 applies, no authorization was obtained, and under the facts and circumstances known to departmental personnel, no authorization could validly have been granted; or alternatively, the restricted information collected was both outside the scope of the authorization granted and was not relevant to an investigation of unlawful activity, the making of an arrest or a judicial proceeding;
3. Using an infiltrator with the intention of collecting restricted information from within and about a political or religious organization, an organization formed for the protection or advancement of civil rights or liberties, or an organization formed for community purposes in violation of Section 14.12.250 where there is no reasonable suspicion that the subject of the restricted information has engaged in, is engaging in, or is about to engage in unlawful activity, or that the restricted information will lead to the subject's arrest;
4. Inciting another person to commit unlawful violent activity or engaging another person to do so in violation of subsection 14.12.280.A; and/or
5. Communicating information known to be false or derogatory with the intention of disrupting any lawful political or religious activity in violation of subsection 14.12.280.B, provided no cause of action may be based upon an arrest based upon probable cause or an order to disperse an assemblage made in accordance with Section 12A.12.020.
B. Absent evidence establishing a greater amount of damages, the damages payable in event of an injury proximately caused by collection of private sexual or restricted information in violation of this Chapter 14.12, as contemplated by subsections 14.12.350.A.1 or 14.12.350.A.2, shall be $500 to each subject of the private sexual or restricted information for all such information collected, and for the use of an infiltrator in violation of Section 14.12.250, as contemplated by subsection 14.12.350.A.3, shall be $1,000 aggregate for the organization and all its members as a class. The payment of damages under subsection 14.12.350.A.3 to the organization, or its members as a class, is in addition to any rights of any person within the organization under subsections 14.12.350.A.1 or 14.12.350.A.2.
C. No cause of action may be based upon the activity of departmental personnel in complying with a court order, or an action taken pursuant to and within the scope of an authorization under Sections 14.12.150, 14.12.160, 14.12.170, 14.12.230, or 14.12.250.
D. The City reserves all defenses at law consistent with this Chapter 14.12, including but not limited to consent, privilege, participation, and waiver, and as to departmental personnel or a City official, any defense arising in the employer/employee or principal/agent relationship.
(Ord. 110640, §§ 14, 15, 1982 [cross-reference update]; Ord. 110572, § 34, 1982 [style update]; Ord. 108333, § 33, 1979.)