Case law

Estate of Torres v. Kennewick School District No 17

District Court, E.D. Washington · Mar 28, 2024

Certification is appropriate where a federal court 2 “believe[s] that the Washington Supreme Court is better qualified to answer [the 3 question] in the first instance[,]” the question “has not been clearly determined … These 12 “entities” may include claimants, non-parties, third parties, and certain entities 13 immune from liability to the claimant. Id.

Kane v. Haynes

District Court, E.D. Washington · Oct 28, 2024

The PLRA permits the Court to dismiss 4 a claim that is “on its face, frivolous, malicious, fails to state a claim upon which 5 relief can be granted, or seeks monetary relief from a defendant who is immune 6 from … To determine if a dismissal qualifies as a strike, “the 17 central question is whether the dismissal ‘rang the PLRA bells of frivolous, 18 malicious, or failure to state a claim.’” El-Shaddai v.

Hymas v. Barclay

District Court, E.D. Washington · Aug 24, 2020

amount of $1,734,200 against [Defendant] for 5 liquidated and unliquidated damages resulting from his highly vindictive (calling Plaintiff a liar embezzler, etc.), irreparable 6 and clearly … Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir. 2004) 21 (plaintiff bears the burden of establishing a court’s personal jurisdiction over 1 defendants); Fed. R. Civ.

Yakama Indian Nation v. Flores

955 F. Supp. 1229 · District Court, E.D. Washington · Feb 12, 1997

On appeal, the Ninth Circuit Court of Appeals reversed the court’s ruling on qualified immunity. Ct. Rec. 80. … The Circuit held that the officers were entitled to qualified immunity because the claimed treaty right was not clearly established at the time the officers issued the citations.

Wagner v. County of Spokane

District Court, E.D. Washington · Dec 9, 2020

Whitehead, 580 2 F.3d 1087, 1092 (9th Cir. 2009). 3 The individual Defendants assert that they are entitled to qualified immunity 4 on all claims. … To determine the applicability of 5 qualified immunity, the court must decide (1) whether the defendant’s conduct 6 violated a constitutional right; and (2) whether the identified constitutional right was 7 clearly

Lee v. Rite Aid Corp.

917 F. Supp. 2d 1168 · District Court, E.D. Washington · Jan 11, 2013

Clearly dissatisfied with Plaintiffs attendance record in her new position, Rite Aid re-assigned Plaintiff to the float team on December 29, 2009. … A rational jury could find that this qualifies as an “aggravating circumstance” for purposes of establishing intolerable working conditions. See Allstot, 116 Wash.App. at 433 , 65 P.3d 696 .

United States v. Fiander

401 F. Supp. 2d 1136 · District Court, E.D. Washington · Nov 21, 2005

Does the CCTA abrogate Defendant’s right to travel as established by Article III of the Yakama Treaty of 1855? … “Even if ... the Treaty was not intended to retain the Yakamas’ right to travel to preserve their traditional system of trade and exchange, the Treaty was clearly intended to reserve the Yaka-mas’ right to travel on the public

Okert v. United States

District Court, E.D. Washington · Aug 15, 2025

Applicability of RCW 4.24.210 Immunity 3 “Recreational use immunity is an affirmative defense, so the landowner 4 bears the burden of proving entitlement to that immunity.” … Plaintiff also contends that the court in Van Dinter 15 “held that [RCW 4.24.210] did not apply because the city had not opened the land 16 for recreational use, emphasizing that to qualify for immunity, there must be

Blackman v. Omak School District

District Court, E.D. Washington · Jun 11, 2020

Defendants also assert 10 they are entitled to Monell non-liability and qualified immunity. … The 7 District is entitled to Monell immunity on this claim, as well. 8 3. Qualified Immunity 9 Dr.

State of Washington v. Cardona

District Court, E.D. Washington · Jul 24, 2020

The individual student aid grants authorized 3 by Section 18004 of the CARES Act clearly qualify as a grant or “postsecondary 4 education … or any other similar benefit for which payments or assistance are 5 provided … The plain text of 6 PRWORA allows for distribution of certain in-kind assistance to non-qualified 7 aliens, but Congress has previously amended PRWORA itself when authorizing 8 direct payments to non-qualified aliens

Teck Metals, Ltd. v. Certain Underwriters at Lloyd's

735 F. Supp. 2d 1231 · District Court, E.D. Washington · Aug 10, 2010

Contrary to the contention of LMI, Canron’s holding does not “clearly support[ ] application of British Columbia law here.” … The LMI policies at issue here clearly insure multiple principal locations of risk, indeed provide worldwide coverage.

Peterson v. Port of Benton County

District Court, E.D. Washington · Dec 20, 2019

The moving party bears the 8 “burden of establishing the nonexistence of a ‘genuine issue.’” Celotex Corp. v. 9 Catrett, 477 U.S. 317, 330 (1986). … In 10 particular, Washington has recognized the “absolute right” to exercise ones clearly 11 defined contractual rights.

George v. Parke-Davis

684 F. Supp. 249 · District Court, E.D. Washington · Apr 19, 1988

The contract does not clearly express either the inclusion or exclusion of any liability for tort or product liability actions. … Clearly, there was no statutory merger or consolidation here.

Poole v. Seattle-First National Bank

741 F. Supp. 837 · District Court, E.D. Washington · Jun 11, 1990

occupation for which he is or could become qualified by training, education or experience.” … In the alternative, the plaintiff argues that the evidence so clearly establishes his disability that the Committee abused its discretion under an arbitrary and capricious standard.

Carr v. Sullivan

772 F. Supp. 522 · District Court, E.D. Washington · Mar 5, 1991

The court stated its opinion “that the evidence of record clearly establishes a ‘severe’ mental impairment and it was error for the Secretary to find otherwise.” (Ct.Rec. 21, p. 8). … The record clearly documents Ms. Carr’s numerous physical impairments.

Estate of Torres v. Kennewick School District No 17

District Court, E.D. Washington · Jun 2, 2023

RCW 18.71.210 2 Paramedics in Washington are granted qualified immunity by statute for acts 3 and omissions performed during emergency medical services. … The 2 court explained that plaintiff’s interpretation of RCW 18.71.210 “would lead to 3 absurd results that would defeat qualified immunity and permit liability even where 4 the first responders acted in good faith

Grondal v. United States of America

District Court, E.D. Washington · Jan 19, 2021

for damages. 8 b) Claims for Declaratory Relief 9 Wapato Heritage also argues that the Colville Tribes clearly waived its 10 sovereign immunity in the 2014 Casino Replacement … A Tribe does not 2 clearly and unequivocally express its intent to waive its immunity from suit by 3 simply removing a case from state to federal court. See Bodi v.

Defenders of Wildlife v. Martin

454 F. Supp. 2d 1085 · District Court, E.D. Washington · Sep 22, 2006

The issuance of the § 7(d) determination in this matter qualifies as an affirmative “agency action” under § 7(a)(2). … Defendants’ issuance of their § 7(d) determination qualifies as an agency action under § 7(a)(2).

In Re Grand Jury Subpoenas Served February 27, 1984

599 F. Supp. 1006 · District Court, E.D. Washington · May 18, 1984

Apparently, the government was unable to establish a connection between “Doe” and the businesses. … Original records shall be produced to the Grand Jury on the date shown on the subpoena, supported by testimony of a qualified custodian of records. 2.

Krause v. Adams County

District Court, E.D. Washington · Feb 3, 2020

consistent with her 17 18 1 In her Response, Plaintiff did not articulate a separate argument for the 19 Washington State Privileges and Immunities … A 6|| department Head or Elected Official may recommend an initial rate of pay beyond 7|| the minimum of a salary range if an appointee is exceptionally well qualified for or experienced in the position.