WA: No private cause of action to get SW for fluoride used in drinking water

There is no private cause of action for a search warrant for fluoride used in drinking water under state law. Protect the Peninsula’s Future v. City of Port Angeles, 175 Wn. App. 201, 304 P.3d 914 (2013):

As an initial matter, we recognize that the parties correctly characterize this action as a civil action. Citing the example of City of Seattle v. McCready, 123 Wn.2d 260, 868 P.2d 134 (1994), Kailin argues that a complaint commencing a civil action is a proper means of applying for a statutorily authorized search warrant. We agree that an action for a search warrant is a civil action in rem, and it is distinct from a criminal prosecution against an individual. State v. Twenty Barrels of Whiskey, 104 Wash. 382, 387, 176 P. 673 (1918); State v. Great N. Ry. Co., 98 Wash. 197, 198, 201, 167 P. 103 (1917); see Furnia v. Grays Harbor County, 158 Wash. 619, 626-27, 291 P. 1111 (1930).

However, Kailin further argues that RCW 69.41.060 allows any person to allege a civil cause of action for a warrant to search for legend drugs held in violation of chapter 69.41 RCW. This argument ignores the distinction between a private cause of action and a public cause of action, and this distinction is critical to determining who may bring an action to enforce a statute. See Davis v. Passman, 442 U.S. 228, 241, 99 S. Ct. 2264, 60 L. Ed. 2d 846 (1979). A civil action for a search warrant is a public cause of action because it is brought by “the state in the exercise of its police powers as plaintiff, as in other cases of violation of the criminal laws.” Great N. Ry., 98 Wash. at 201; see Davis, 442 U.S. at 241. But because Kailin brought her complaint as a private person, she cannot maintain a public cause of action.

Thus the question is whether RCW 69.41.060 creates a private cause of action that allows Kailin to sue for a search warrant. Kailin asserts that the statute implies a private cause of action. We disagree.