OLYMPIA—A trial date has been set in the Washington State Department of Transportation (WSDOT) whistleblower lawsuit, brought by the Citizen Action Defense Fund (CADF) on behalf client Scott Smith. The trial has been scheduled for August 18, 2025, in Thurston County Superior Court. The parties are proceeding with discovery, which according to the scheduling order, will need to be completed in March of 2025.
Motion to Dismiss: CADF Win
Earlier this year, WSDOT filed a Motion to Dismiss, attempting to stop the whistleblower lawsuit from moving forward. Thurston County Superior Court Judge Anne Egeler ruled in CADF’s favor, stating that she found legal merit to the case. CADF Executive Director Jackson Maynard argued the motion for Smith and CADF.
Background
In March 2024, CADF filed the whistleblower lawsuit on behalf of Smith, a state employee who refused to lie about cap-and-trade fuel costs. Smith was allegedly pressured by WSDOT to change the numbers in his fuel estimates and reports so that they wouldn’t indicate that the cap-and-trade scheme was significantly impacting the cost of fuel.
This pressure was applied right as Governor Jay Inslee was publicly blaming and accusing the fuel industry of lying about the cost of his program. When Smith refused to change his estimate to fit Governor Inslee’s narrative – which was dictated by simple math – he was forced out of state service.
In December of 2023, CADF filed a tort claim form and sent a demand letter formally notifying the state of Smith’s claim. The state refused to pay the claim or present a counteroffer, and the 60-day statutory time period elapsed, so filing a lawsuit is the next step in the process.
The suit seeks an unspecified amount of damages, including loss of wages and pension, loss of reputation, and punitive damages. The lawsuit asserts four causes of action:
- Two statutory whistleblower retaliation claims
- One wrongful termination claim
- One negligence claim.
“We are pleased that the case is proceeding and for the opportunity to try this matter before a jury next summer,” said Jackson Maynard, Executive Director and Counsel for the Citizen Action Defense Fund. “The state pushed our client out of state service for serving his role with integrity, and that is why we are proud to be here fighting for WSDOT to be held accountable.”
The Citizen Action Defense Fund (CADF) on December 19, 2023, submitted formal complaints with the civil rights divisions of both the Office of the Attorney General and the U.S. Attorney’s Office for the Western District of Washington related to allegations that the King County Prosecuting Attorney’s Office’s (KCPAO) mismanaged juvenile sexual assault cases and violated the civil rights of sexual assault survivors.
In August of 2023, the Citizen Action Defense Fund launched an investigation into alleged discrimination of Lynnwood Public Facilities District (PFD) board member Vivian Dong by Board Chair Mike Miller and Executive Director Janet Pope for their latest treatment of the newly appointed board member during Lynnwood Luau in 2023. As of September 2024, PFD has yet to provide all the requested documentation to local media and law firms regarding their investigations.
Author: Mario Lotmore
