Case law

Shively v. Garage Employees Local Union No. 44

6 Wash. 2d 560 · Washington Supreme Court · Dec 12, 1940

The fourteenth amendment cannot be invoked as a mantle of protection under which the wrongdoer can plead immunity from the judicial processes of our courts. … Justice Murphy, has clearly set forth the scope of the rule which was being laid down.

Brutsche v. City of Kent

164 Wash. 2d 664 · Washington Supreme Court · Oct 2, 2008

Stated another way, a warrant immunizes the police from liability for trespass but only where the police do no more damage to the property than is absolutely necessary for a thorough search. … For example, if the police acquire land for a police station, which ultimately serves the ends of law enforcement, such is clearly an exercise of the power of eminent domain, requiring just compensation.

Dyal v. Fire Companies Adjustment Bureau, Inc.

23 Wash. 2d 515 · Washington Supreme Court · Aug 9, 1945

A corollary to that principle is that the damages recoverable must be such as are the direct, natural, and proximate consequences of the wrongful act or omission, and such as are established with reasonable certainty. … That court was therefore eminently better qualified than are we to determine the character, extent, and effect of the injuries and the length of time the appellants had actually lost as the result of those injuries.

State v. Lesnick

84 Wash. 2d 940 · Washington Supreme Court · Jan 7, 1975

Failure to clothe these chattels with the same immunity is, I think, both conspicuous and noteworthy. … The massive quantum of judicial precedent relating to *957 search and seizure, much of it conflicting and irreconcilable, should be returned to its earlier established constitutional line of departure in accordance with the

State v. Sherman

98 Wash. 2d 53 · Washington Supreme Court · Nov 10, 1982

The term "indicating" does initially establish an objective inquiry. Generally speaking, a wanton and willful disregard will only be established by circumstantial evidence of the way a defendant drives. … This does not mean the above language establishes solely an objective element of the crime.

Peasley v. Puget Sound Tug & Barge Co.

13 Wash. 2d 485 · Washington Supreme Court · May 9, 1942

Under the circumstances shown by the evidence contained in the record now before us, the question of malice was clearly for the jury. … We see no good reason for further extending the rule of immunity by holding that mere proof of another crime, upon which there has been neither criminal charge nor prosecution, should nevertheless constitute a complete defense

Clampitt v. Thurston County

98 Wash. 2d 638 · Washington Supreme Court · Feb 3, 1983

Daily Journal-American, 97 Wn.2d 148 , 641 P.2d 1180 (1982) that a reporter has a qualified privilege against disclosure of the identity of a confidential source. … The party must show further that he or she can "establish jury issues on the essential elements of [his or her] case not the subject of the contested discovery." Bruno & Stillman, Inc. v.

Weyerhaeuser Timber Co. v. Everett District Council of Lumber & Sawmill Workers

11 Wash. 2d 503 · Washington Supreme Court · Dec 4, 1941

But we do not think that respondents, for that reason, forfeited their now well-established right of peaceful picketing. O'Neil v. Building Service Employees Union , 9 Wn.2d 507 , 115 P.2d 662 ; Edwards v. … (Sup.), § 151 et seq. ), it has entered into an agreement with the bargaining agent (Industrial Woodworkers of America) chosen by a majority of its employees, it is immune to picketing by a minority group.

National Electrical Contractors Ass'n v. Riveland

138 Wash. 2d 9 · Washington Supreme Court · Jun 3, 1999

Rather than the open-ended authority DOC argues for, the Legislature has clearly placed limits on the department’s use of inmate labor. … However, RCW 72.60.102 qualifies that classification providing that inmates employed in classes I, II, and IV are eligible for industrial insurance coverage.

American Products Co. v. Villwock

7 Wash. 2d 246 · Washington Supreme Court · Jan 27, 1941

The emancipation of a minor is not to be presumed and must be proved; and the burden of proof is on the father claiming immunity because of it. … However, in the case at bar, the issues were clearly defined by the court, and the instructions are replete with statements to the effect that the respective parties must establish all of the material allegations of their

State v. Osman

157 Wash. 2d 474 · Washington Supreme Court · Aug 3, 2006

Osman further argued that the only way he could receive treatment was if the court imposed a SSOSA because, as a deportable alien, he did not qualify for treatment while in prison, a claim directly contradicted by the PSI … Ed. 2d 786 (1982). f 19 To make his equal protection claim, Osman must first establish his classification by showing he was treated differently from others who were similarly situated.

Von Herberg v. City of Seattle

157 Wash. 141 · Washington Supreme Court · May 28, 1930

definitely that municipal officers are proceeding in violation of law, the courts will unhesitatingly interfere, but such violation must clearly and affirmatively appear, and will not be presumed, nor will it be inferred … And *150 as a taxpayer, it seems to have been held plaintiff is without such interest in the special funds as would qualify him to seek the relief for which he prays. Puget Sound P. & L. Co. v.

State v. Ross

95 P.3d 1225 · Washington Supreme Court · Mar 5, 2009

We have established that "illegal or erroneous sentences may be challenged for the first time on appeal." Ford, 137 Wash.2d at 477 , 973 P.2d 452 (citing State v. … We also clarified that the term "privileges and immunities" in article I, section 12 pertain only to "`those fundamental rights which belong to the citizens of the state by reason of such citizenship.'"

State v. Osman

139 P.3d 334 · Washington Supreme Court · Aug 3, 2006

Osman further argued that the only way he could receive treatment was if the court imposed a SSOSA because, as a deportable alien, he did not qualify for treatment while in prison, a claim directly contradicted by the PSI … XIV, § 1). [10] Article I, section 12 states: "No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong

John Doe A v. Wash. State Patrol

Washington Supreme Court · Apr 7, 2016

SEX OFFENDER REGISTRY INFORMATION AND ENTERED A PROPERLY TAILORED INJUNCTION When reviewing a trial court order enjoining disclosure under the PRA, "' [w ]e start with the proposition that the act establishes … Specifically, the trial court found that the evidence submitted-declarations by individual class members, class members' parents, and several experts-"establishes that sex offenders who are identified by public disclosure

Elwood v. Dickinson

26 Wash. 631 · Washington Supreme Court · Dec 17, 1901

A trial was had, and a decree in favor of defendants establishing their right to the location, and enjoining the maintenance of the trap constructed by plaintiffs. … This offered finding is clearly supported by the testimony.

Pasco Fruit Lands Co. v. Timmermann

88 Wash. 112 · Washington Supreme Court · Nov 13, 1915

Upon the continued refusal of the appellants to complete the contract, the respondents commenced this action to secure a specific performance of the contract to convey, and to establish their lien upon the land retained by … True, none of appellants5 witnesses were residents of Pasco, but all testified to their knowledge of Pasco lands and qualified as competent to testify as to the amount of water needed on similar lands.

State v. E.J.J.

Washington Supreme Court · Jun 25, 2015

But, as discussed, the record clearly establishes E.J.J.'s hindering conduct. 16 The majority also contends that E.J.J.' … But the presence of speech does not immunize unlawful conduct.

Outlook Irrigation District v. Fels

176 Wash. 211 · Washington Supreme Court · Jan 22, 1934

On the contrary, a legislative act for that purpose, when clearly within *216 the limits of legislative authority, is of itself of the law of the land.” … Green, supra, and, speaking through Judge Hadley, said: “The whole procedure, including the assessment, foreclosure, and sale, is for the purpose of establishing and enforcing a lien for public revenue, which, under the policy

State v. Ponten

77 Wash. 2d 463 · Washington Supreme Court · Dec 31, 1969

The general location and extent of the Garden Springs water table was well known and the basalt outcroppings that marked its general boundaries were clearly visible. Finding of fact No. 2. … That there is a property right (correlative though it may be) in percolating waters is well established.