Case law
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Saved Magazine v. City of Spokane
District Court, E.D. Washington · Dec 3, 2020
. § 5 1983 against Officer Doe in his individual capacity, Defendants argue that the claim 6 must be dismissed based on qualified immunity. … Qualified immunity is “an entitlement not to stand trial or face the other 4 burdens of litigation.”
Cited 0 timesUnknown7 F. Supp. 2d 1134 · District Court, E.D. Washington · Jun 10, 1998
Finally, even had the Plan not waived the argument it now advances, the administrative record clearly establishes that Marlene was a Battelle- Memorial Institute employee at the time of here death. … Endorsement #5 clearly establishes that the drafters of the Plan contemplated that employees relocating at the policyholder’s expense and with its authorization were to be covered by the Plan.
Cited 5 timesPublishedLuttrell v. Novartis Pharmaceuticals Corp.
894 F. Supp. 2d 1324 · District Court, E.D. Washington · Oct 1, 2012
Jackson is sufficiently qualified to render a causation opinion. … Expert Testimony Establishing Causation Expert medical testimony is often “necessary to establish causation where the nature of the injury involves ‘obscure medical factors which are beyond an ordinary lay person’s knowledge
Cited 17 timesPublished983 F. Supp. 930 · District Court, E.D. Washington · Sep 10, 1997
DOC Policy 450.100 was promulgated to establish procedures to govern and manage incoming and outgoing mail. … Based on the disposition of this matter, the court does not address defendants’ assertions regarding lack of personal participation by several defendants and qualified immunity.
Cited 2 timesPublishedDistrict Court, E.D. Washington · May 28, 2021
“If there is no constitutional 14 violation, the inquiry ends and the officer is entitled to qualified immunity.” Ioane 15 v. … Defendants are entitled to qualified immunity. Ioane, 6 939 F.3d at 950.
Cited 0 timesUnknown918 F. Supp. 2d 1108 · District Court, E.D. Washington · Jan 22, 2013
O’Reilly asserts, as an initial matter, that Realing does not qualify as “an owner, partner, corporate officer, or manager” for purposes of establishing automatic employer liability. Davis v. … It is hard on your immune system. Hotchkiss Dep., ECF No. 87-1, at Tr. 129.
Cited 10 timesPublishedDistrict Court, E.D. Washington · Aug 30, 2023
The Ninth Circuit 9 reversed and remanded the denial of qualified immunity for Defendants Reagan 10 and Thornton because a constitutional violation was not clearly established: 11 Here, there is room for debate … 2 granted the motion with respect to CBC, ruling it was entitled to qualified 3 immunity.
Cited 0 timesUnknownDistrict Court, E.D. Washington · Jan 26, 2026
Even more, this claim would not survive under qualified immunity 12 because Plaintiffs did not allege how this law or right was established at the time of 13 the conduct. … Qualified Immunity 4 Defendants contend that qualified immunity applies, and therefore the claim 5 does not hold. ECF No. 37 at 8-9.
Cited 0 timesUnknownExxon Corp. v. United States Secretary of Transportation
978 F. Supp. 946 · District Court, E.D. Washington · Apr 4, 1997
Delivery via truck is clearly a “non-pipeline mode” of transportation.) . For example, plaintiff cites Klein v. … Clearly, such tankage would not qualify as "breakout” tankage under 49 C.F.R. § 195.2 .
Cited 1 timesPublished743 F. Supp. 1385 · District Court, E.D. Washington · Jan 29, 1990
This is clearly enumerated in the penitentiary’s written directives *1391 as a violation which may result in the nu-tra-loaf diet. (Exhibit 4 to Defendant’s Memorandum in Support of Motion for Summary Judgment). … Finally, the court notes that, although not submitted as a basis for the pending motion, the defendants have asserted qualified immunity as an affirmative defense to the plaintiffs § 1983 action.
Cited 4 timesPublishedDistrict Court, E.D. Washington · Jun 30, 2023
The claims against the other Defendants in their official capacities is 7 also barred by qualified immunity. Id. … The Court found Defendants 13 were entitled to qualified immunity for the claims. ECF No. 22.
Cited 0 timesUnknown150 F. Supp. 3d 1227 · District Court, E.D. Washington · Dec 11, 2015
The prior conviction qualifies as an ACCA predicate only if the statute’s elements are the same as, or narrower than, the elements of the generic offense. Id. … Upon a timely objection by the Defendant, the Government bears the burden of proof on any fact that is necessary to establish the base offense level.
Cited 1 timesPublished166 F.R.D. 465 · District Court, E.D. Washington · Mar 20, 1996
Furthermore, 29 U.S.C. § 1854 (c)(1)(B) clearly extends this remedy to plaintiffs in class actions. … Various courts have found AWPA actions similar to the case at bar to be well qualified for class certification. See e.g.
Cited 10 timesPublishedDistrict Court, E.D. Washington · Nov 22, 2019
The Court may, therefore, dismiss a claim as 3 frivolous where it is based on an indisputably meritless legal theory or where the 4 factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … Section 1983 requires a claimant to 3 prove (1) a person acting under color of state law (2) committed an act that deprived 4 the claimant of some right, privilege, or immunity protected by the Constitution or 5 laws
Cited 0 timesUnknownYakima Indian Nation v. Whiteside
617 F. Supp. 750 · District Court, E.D. Washington · Sep 11, 1985
Among other things, it establishes a requirement for building permits, minimum lot sizes, authorizes the establishment of Planned Development Districts, provides for Special Use Permits and creates five categories of Use … This court must also reject the Tribe’s argument as the County’s decision is not “clearly erroneous.”
Cited 7 timesPublishedDistrict Court, E.D. Washington · Jul 2, 2020
The only case 13 cited by Plaintiff in support of his waiver argument predates the modern standard 14 on qualified immunity. … However, there is no longer a subjective good faith element in a modern 19 qualified immunity defense, Harlow v.
Cited 0 timesUnknownDistrict Court, E.D. Washington · May 6, 2022
To qualify for judicial immunity, a judge must have performed 12 “judicial acts” within the scope of his or her jurisdiction. Stump, 435 U.S. at 356- 13 57. … Saxner, 474 U.S. 193, 199 (1985)). 5 Judicial immunity “is an immunity from suit, not just from ultimate assessment of 6 damages.” Mireles v.
Cited 0 timesUnknownDistrict Court, E.D. Washington · Jul 6, 2023
Deputy 10 Prosecutor Alicia Bell are barred by the doctrine of prosecutorial immunity. … White, 484 U.S. 219, 225 (1988). 13 Relatedly, prosecuting attorneys enjoy qualified immunity associated with the 14 judicial phase of the criminal process when performing traditional functions of an 15 advocate.
Cited 0 timesUnknown85 F. Supp. 3d 1225 · District Court, E.D. Washington · Jan 21, 2015
The Court finds that § 5041(c)(6) clearly and unambiguously restricts eligibility for the tax credit to wines “produced” by small wineries and transferred in bond. … Plaintiffs must first establish that the TTB engaged in affirmative misconduct going beyond mere negligence.
Cited 0 timesPublishedDistrict Court, E.D. Washington · Nov 19, 2021
Reagan and Mr. 16 Thornton appealed the portion of the Court’s order denying them qualified 17 immunity. … “was not clearly 3 established.”
Cited 0 timesUnknown
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