Case law

Locke v. City of Seattle

162 Wash. 2d 474 · Washington Supreme Court · Dec 13, 2007

The City has no rights of its own under the privileges and immunities clause, and it has not established standing to assert the rights of any other person or entity. ¶15 Washington’s privileges and immunities clause provides … These activities qualify as fire protection activities only if the primary duty of [the] position is preventing, controlling and extinguishing fires.” WAC 415-104-225(2)(a).

Caughey v. Employment Security Department

81 Wash. 2d 597 · Washington Supreme Court · Nov 22, 1972

In the case at hand, the unemployment compensation fund is clearly a finite resource. … Rather it is an arbitrary exception to the exclusion ratio in section 72 (b) of the Internal Revenue Code which establishes a formula based upon the taxpayer’s contribution to the fund from which the pension is paid.

Costanich v. WASHINGTON STATE DSHS

194 P.3d 988 · Washington Supreme Court · Oct 30, 2008

As waivers of sovereign immunity are to be strictly construed in favor of the sovereign, United States v. … . ¶ 23 It is well established a court may award attorney fees for only that portion of the lawsuit for which attorney fees are authorized. See generally 14A Karl B.

State Ex Rel. Bacich v. Huse

187 Wash. 75 · Washington Supreme Court · Aug 4, 1936

The argument is ingenious, but we do not agree with it. [4] The proviso is clearly severable from the remainder of § 4. … may be, they must bear equally upon all persons qualified under the law to seek licenses.

Makah Indian Tribe v. Clallam County

73 Wash. 2d 677 · Washington Supreme Court · May 2, 1968

Elvrum, though admittedly of only one-fourth Indian blood, could not legally qualify as a tribal Indian. … That he might share indirectly in the tax immunity was an extra-legal circumstance, for, while the residence of the wife is ordinarily presumed to be that of the husband, the presumption here was clearly rebutted by proof

Rains v. State

100 Wash. 2d 660 · Washington Supreme Court · Dec 22, 1983

The court further concluded the members of the PDC were immune from suit under the doctrine of qualified immunity, while the Attorney General and his assistants enjoyed absolute prosecutorial immunity. … While "it has been clear that a public official may be held liable in damages when his actions are found to violate a constitutional right and there is no qualified immunity," Monell v.

Roe v. TeleTech Customer Care Management

257 P.3d 586 · Washington Supreme Court · Jun 9, 2011

First, the reporting statute grants immunity from civil liability, implying civil liability exists. Id. at 78, 247 P.3d 421 . In contrast, MUMA grants qualified patients and caregivers immunity from criminal liability. … Though the employer in Roberts was immune from liability under chapter 49.60 RCW because it employed fewer than eight employees, the statute established a clear public policy for purposes of the employee's wrongful termination

Conklin v. Shinpoch

107 Wash. 2d 410 · Washington Supreme Court · Dec 18, 1986

Conklin's GA-U benefits after discovery that her prior receipt of such benefits had *414 not conformed with its established policy. … This state's current level of payment under the GA-U program is 36.8 percent less than the established standard of need level.

Rogers v. Miles Laboratories, Inc.

116 Wash. 2d 195 · Washington Supreme Court · Jan 10, 1991

The express language of the statute clearly provides that where a donor is compensated, statutory immunity from liability does not apply to the transaction. Both parties agree that defendants compensate their donors. … Thus, plaintiffs argue, because defendants do not qualify for immunity under RCW 70.54.120, defendants should be strictly liable.

Mosebar v. Moore

41 Wash. 2d 216 · Washington Supreme Court · Sep 25, 1952

B-108, establishing a system of civil service for all employees of its fire department and adopting, by reference, all provisions of chapter 31, Laws of 1935. … Huse, 187 Wash. 75, 80 , 59 P. (2d) 1101 , we said: “The aim and purpose of the special privileges and immunities provision of Art.

Worthington v. WestNET

Washington Supreme Court · Jan 22, 2015

However, the ability to provide for task force immunity is qualified both by the PRA and the ICA itself. 8 First, as we noted above, the PRA explicitly subordinates all other statutes to its own provisions: "In the event … Second, the ICA further qualifies the contributing agencies' ability to provide immunity for their own task forces: No agreement made pursuant to this chapter relieves any public agency of any obligation or

Locke v. City of Seattle

172 P.3d 705 · Washington Supreme Court · Dec 13, 2007

The City has no rights of its own under the privileges and immunities clause, and it has not established standing to assert the rights of any other person or entity. ¶ 15 Washington's privileges and immunities clause provides … These activities qualify as fire protection activities only if the primary duty of [the] position is preventing, controlling and extinguishing fires." WAC 415-104-225(2)(a).

Deatherage v. Examining Board of Psychology

134 Wash. 2d 131 · Washington Supreme Court · Dec 24, 1997

The *134 Board found Deatherage’s failure to qualify statements, his mischaracterization of statements, his failure to verify information, and his interpretation of test data were adequate grounds for initiating disciplinary … A treatise on legal malpractice clearly explains the distinction: There are several significant differences between a civil malpractice action and a disciplinary proceeding.

Woods v. Seattle's Union Gospel Mission

481 P.3d 1060 · Washington Supreme Court · Mar 4, 2021

The teachers therefore qualified for Hosanna- Tabor’s ministerial exemption. Id. … The Ockletree court could not agree on a common line of reasoning establishing reasonable grounds for the exemption so it establishes no precedent on that point of law.

Hosea v. City of Seattle

64 Wash. 2d 678 · Washington Supreme Court · Jul 2, 1964

In this sense we believe the trusty program was strongly proprietary in nature, negating a characterization of the program or operation as clearly governmental and entitling the city to immunity from tort liability. … The record clearly shows that the trusty program has been an established one for many years, that it is of benefit both to the city and to the individual prisoner, and that the washing of police cars and performing of private

State v. Bryant

42 P.3d 1278 · Washington Supreme Court · Apr 4, 2002

While the ability of the government to compel testimony in exchange for a grant of immunity is now well established, this formal immunity process is cloaked with a high degree of constitutional protection. … Clearly, a prosecuting attorney can limit such a grant to prosecutions in the prosecutor's home county by so providing in the immunity agreement.

Quinn v. State

Washington Supreme Court · Mar 24, 2023

Plaintiffs’ privileges and immunities claim fails because they have not established that the capital gains tax implicates a fundamental right of state citizenship, and even if it did, reasonable grounds … No. 100769-8 (Gordon McCloud, J., dissenting) clearly capable of ownership.

Emsley v. Army National Guard

106 Wash. 2d 474 · Washington Supreme Court · Jul 31, 1986

The National Guard may be ordered into active federal service pursuant to 10 U.S.C. § 3500 , which establishes the grounds and procedures for such an order. … In order that a decision of a governmental official or agency qualify for immunity under the Evangelical exception, four questions must be affirmatively answered: (1) Does the challenged act . . . necessarily involve a basic

Deatherage v. Examining Bd. of Psychology

948 P.2d 828 · Washington Supreme Court · Dec 24, 1997

The Board found Deatherage's failure to qualify statements, his mischaracterization of statements, his failure to verify information, and his interpretation of test data were adequate grounds for initiating disciplinary proceedings … A treatise on legal malpractice clearly explains the distinction: There are several significant differences between a civil malpractice action and a disciplinary proceeding.

Davis v. State

30 P.3d 460 · Washington Supreme Court · Sep 6, 2001

recreational use immunity statutes. … use immunity statutes.