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District Court, E.D. Washington · Sep 30, 2025
Defenses: 25 Defendants pose two potential shields from liability, qualified immunity and 26 legislative immunity. … The Court 8|| defers ruling on the immunity defenses until further factual inquiry occurs. 9 Accordingly, IT IS HEREBY ORDERED: 10 1.
Cited 0 timesUnknownUnited States Ex Rel. Fox v. Northwest Nephrology Associates
87 F. Supp. 2d 1103 · District Court, E.D. Washington · Feb 15, 2000
While the court will not award Fox the maximum 25% amount, he is clearly entitled to an award in excess of the minimum 15%. … Attorney Jim Crum on July 27, 1994 without any immunity protection and reviewed his (Fox's) "billing concerns with him.”
Cited 5 timesPublishedDistrict Court, E.D. Washington · Jun 2, 2023
rights, 13 Defendants would be entitled to qualified immunity. … A 14 “clearly established right,” for purposes of determining whether a public official is 15 entitled to qualified immunity, is one that is sufficiently clear that every reasonable 16 official would have understood
Cited 0 timesUnknownDistrict Court, E.D. Washington · Mar 17, 2023
The 11 plain language of the Position Statement clearly indicates certain activities may be 12 subject to disciplinary action. … role, and finding the remaining defendants entitled to qualified 7 immunity where their participation in the disciplinary hearings was not integral to 8 the ultimate licensure suspension); see also RCW 18.71.015, RCW
Cited 0 timesUnknownYakima Valley Memorial Hospital v. Washington State Department of Health
717 F. Supp. 2d 1159 · District Court, E.D. Washington · May 25, 2010
Hybrid restraints are not immune from anti-trust liability. … The Court holds that the NHPRDA clearly authorized PCI CON regulations such as the one at issue.
Cited 1 timesPublishedDistrict Court, E.D. Washington · Sep 18, 2023
However, if a defendant’s conduct does not violate a clearly 9 established constitutional right of which a reasonable person would have known, 10 the defendant is entitled to qualified immunity from suit. … Thus, Defendants appear to be entitled to qualified immunity. 14 a.
Cited 0 timesUnknownDistrict Court, E.D. Washington · Oct 15, 2025
right, and (2) that the right was clearly established at the time of the 7 challenged conduct.” … “A Government official’s conduct violates clearly 9 established law when, at the time of the challenged conduct, ‘[t]he contours of [a] 10 right [are] sufficiently clear’ that every ‘reasonable official would [have
Cited 0 timesUnknownDistrict Court, E.D. Washington · Mar 17, 2025
Defendants contend they are entitled to qualified 13 immunity as Mr. … Kane has not demonstrated they violated a clearly established 14 right. 15 Qualified immunity shields correctional officers “from money damages
Cited 0 timesUnknown655 F. Supp. 548 · District Court, E.D. Washington · Sep 17, 1983
The individual defendants are elected and duly qualified and acting members of the Yakima Tribal Council. … Clearly, under Oliphant v.
Cited 0 timesPublishedEstate of Clovy Jaramillo v. City of Spokane
District Court, E.D. Washington · Sep 4, 2024
In reviewing a qualified immunity defense at the motion to dismiss stage, 5 the question is “whether the complaint alleges sufficient facts, taken as true, to 6 support the claim that the officials’ conduct violated clearly … 15 immunity.
Cited 0 timesUnknown827 F. Supp. 651 · District Court, E.D. Washington · May 27, 1993
As the conduct clearly falls within the sphere of legitimate legislative activity, the Commissioners are entitled to absolute legislative immunity and the claims against them must be dismissed. … This court must refrain from interfering with the establishment of the elaborate administrative scheme prior to its finalization.
Cited 3 timesPublishedDistrict Court, E.D. Washington · Jul 7, 2023
Additionally, further amendment would be futile 3|| where Defendants are entitled to qualified or absolute immunity. See Delashaw v. Roberts, No. C18-1850JLR, 2020 WL 4922203 (W.D. Wash. … role, and finding the remaining 8 || defendants entitled to qualified immunity where their participation in the disciplinary hearings was not integral to the ultimate licensure suspension); see 10|| also RCW 18.71.015
Cited 0 timesUnknown399 F. Supp. 2d 1114 · District Court, E.D. Washington · Nov 10, 2005
Kelly, 422 F.3d 889, 895 (9th Cir.2005)(“Under the modified categorical approach, the government has the burden to establish clearly and unequivocally the conviction was based on all of the elements of a qualifying predicate … Cyr.], the respondent clearly would not have been eligible for 212(c) relief given the time sequence noted above.”). 3 .
Cited 1 timesPublished239 F. Supp. 2d 1047 · District Court, E.D. Washington · Jul 13, 2002
On the other hand, municipalities do not enjoy immunity from suit either absolute or qualified under § 1983. Leatherman v. … cause does not confer derivative prosecutorial immunity on Chelan County. 6 .
Cited 7 timesPublished246 F. 501 · District Court, E.D. Washington · Sep 23, 1915
Privileges granted to a certain class by a special act are not affected by inconsistent general legislation, unless a contrary intent of the legislative body is clearly expressed or indubitably inferable therefrom. … When a claim is made under the homestead or pre-emption laws for a portion of the public domain that is subject to its disposition, that tribunal must determine whether or not the claimant is qualified to acquire lands under
Cited 5 timesPublishedOliver v. Spokane County Fire Dist. 9
963 F. Supp. 2d 1162 · District Court, E.D. Washington · Aug 5, 2013
However, just as in the discussion, supra, of the WLAD claim, Plaintiff has not established that he was qualified for the EMS Captain position, or that the position was given to a substantially younger individual. … Plaintiff admits he was not qualified for the position.
Cited 2 timesPublishedDistrict Court, E.D. Washington · Nov 14, 2023
If there is no constitutional 20 1 violation, the inquiry ends, and the individual is entitled to qualified immunity. 2 Ioane v. … immunity.
Cited 0 timesUnknownDistrict Court, E.D. Washington · Jun 9, 2026
Therefore, the RUIS would 12 immunize the Government if it were a private person, and the United States has not 13 waived its sovereign immunity under the FTCA. … Certification is appropriate where a federal court 11 “believe[s] that the Washington Supreme Court is better qualified to answer [the 12 question] in the first instance[,]” the question “has not been clearly determined
Cited 0 timesUnknownSave Our Summers v. Washington State Department of Ecology
132 F. Supp. 2d 896 · District Court, E.D. Washington · Sep 14, 2000
The first element is satisfied since Plaintiffs are clearly qualified individuals with disabilities. … The District Court Executive is directed to enter this order and to provide copies to counsel. 1 . 42 U.S.C. § 1983 creates a private cause of action for the deprivation of rights, privileges, or immunities secured under
Cited 3 timesPublished54 F. Supp. 265 · District Court, E.D. Washington · Feb 23, 1944
Clearly, an agent of the Government whose power stems exclusively from a contract occupies no higher position than does a duly appointed and constituted officer of the Government. … Tarlton Contractor, Inc., supra, holds is that when a party claims immunity as a government agent, he is entitled to assert that immunity in a Federal court.
Cited 0 timesPublished
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