Case law

Department of Social & Health Services v. Willis

126 Wash. App. 786 · Court of Appeals of Washington · Apr 11, 2005

While that is true, and while termination of parental rights is a consequence of sufficient gravity to qualify as compulsion, 12 the penalty cases have generally required a showing that a penalty would follow directly, and … In cases where compulsion is present, prior access to counsel would clearly be inadequate.

Childs v. Allen

125 Wash. App. 50 · Court of Appeals of Washington · Dec 13, 2004

Thus, the qualified immunity afforded to DSHS caseworkers does not affect the nature of the immunity granted to a substance abuse evaluator such as Allen. ¶11 Allen relies on Gustafson v. Mazer, 113 Wn. … Here, there was no reasonable possibility of reversal because Allen was clearly entitled to absolute witness immunity and was not the proximate cause of Childs injuries.

Malgarini v. Washington Jockey Club

60 Wash. App. 823 · Court of Appeals of Washington · Apr 8, 1991

. *827 It is well established that quasi-judicial actions of an administrative agency are immune from liability. 3 The applicable Washington Administrative Code sections set forth in the appendix clearly establish the quasi-judicial … Obviously, WSHRC and its employees have no immunity for torts such as negligent driving or physical assault, but they are clearly immune from liability for their decisions which form the basis of Malgarini's complaint.

Wood v. Battle Ground School Dist.

27 P.3d 1208 · Court of Appeals of Washington · Jul 27, 2001

Regarding the cross-appeal of a summary judgment dismissal of Jennifer Wood's *1213 defamation claim, we hold that the school board president has a qualified privilege but does not have absolute immunity. … Whether establishing an abuse of a qualified privilege or proving fault when the plaintiff is a public official, a plaintiff must prove actual malice.

Wood v. Battle Ground School District

107 Wash. App. 550 · Court of Appeals of Washington · Jul 27, 2001

Regarding the cross-appeal of a summary judgment dismissal of Jennifer Wood’s defamation claim, we hold that the school board president has a qualified privilege but does not have absolute immunity. … App. 127, 133-34, 607 P.2d 859 (1980) (commissioners and commission’s administrator have complete immunity). Sharp, as an inferior state officer, is entitled to a qualified privilege.

State Of Washington v. Jennifer Leigh Youde

Court of Appeals of Washington · May 20, 2013

Youde handed the undercover officer six grams of marijuana in exchange for $90, without making any effort to verify that he was qualified as a medical user. … The order quashing the subpoena on the basis of sovereign immunity has not been appealed. It is well established that a waiver of sovereign immunity must be unequivocally expressed; it cannot be implied.

Mw v. Dshs

110 Wash. App. 233 · Court of Appeals of Washington · Feb 8, 2002

For the caseworkers *996 to have qualified immunity against such a claim, they must "(1) carry out a statutory duty, (2) according to procedures dictated by statute or superiors, and (3) act reasonably." … CP at 101-02. [9] Even if Francis has qualified immunity, the State can still be liable for negligent investigation. Waller v.

Donna Zink, et ux v. City of Mesa

Court of Appeals of Washington · Aug 20, 2024

However, we conclude that the right to video record a public meeting was not clearly established in 2003 and therefore Mayor Ross is entitled to qualified immunity. … She maintains that in 2003 her right to video record city council meetings was clearly established and therefore Mayor Ross is not entitled to qualified immunity.

Tennyson v. Plum Creek Timber Co.

73 Wash. App. 550 · Court of Appeals of Washington · Apr 4, 1994

There were no warning signs at the site; however, the drop-off was clearly visible from all other directions except the northwest direction from which Tennyson approached. … The "possession and control” requirement clearly indicates a broader, more permanent interest in the land than was present here.

In Re Dependency of JRU-S.

110 P.3d 773 · Court of Appeals of Washington · Apr 11, 2005

While that is true, and while termination of parental rights is a consequence of sufficient gravity to qualify as compulsion, [12] the penalty cases have generally required a showing that a penalty would follow directly and … In cases where compulsion is present, prior access to counsel would clearly be inadequate.

Rodriguez v. Perez

99 Wash. App. 439 · Court of Appeals of Washington · Feb 22, 2000

Moreover, permitting negligence actions against law enforcement officials does not leave them without statutory and common law qualified immunity. … That clearly refers to a prosecutorial function. In short, whether the prosecuting attorney is entitled to immunity for acts taken pursuant to RCW 26.44 is resolved by traditional immunity analysis.

Dutton v. WASH. PHYSICIANS HEALTH PROG.

943 P.2d 298 · Court of Appeals of Washington · Sep 2, 1997

III Qualified Immunity of the Program Dr. … It is particularly important that good faith (or its absence) in this qualified immunity situation be determined promptly. As our Supreme Court observed in Robinson v.

Noonan v. State

53 Wash. App. 558 · Court of Appeals of Washington · Mar 9, 1989

A few jurisdictions grant the parole board qualified rather than absolute immunity. Beck v. Kansas Univ. … Psychiatry Found., supra (although the state tort law barred an action based on its statute, the court held qualified "good faith" immunity will apply under the federal Civil Rights Act); Donahoo v.

Saldivar v. Momah

186 P.3d 1117 · Court of Appeals of Washington · Jun 24, 2008

Klingbeil is not *1127 qualified to opine on psychiatric conditions." … Nor does the defense counsel's use of the word "jury" establish "actual notice" of a jury demand.

Orwick v. Fox

65 Wash. App. 71 · Court of Appeals of Washington · Apr 13, 1992

As state employees, these defendants are afforded qualified immunity from liability in the performance of their discretionary duties unless their conduct violated "clearly established statutory or constitutional rights of … When available, entitlement to qualified immunity may be established as a matter of law by the court on a motion to dismiss by summary judgment or by directed verdict. Thorstad v.

Bailey v. State

191 P.3d 1285 · Court of Appeals of Washington · Sep 18, 2008

She points out that there is support for early dismissal review in qualified and absolute immunity cases. See e.g., Robinson v. … City of Seattle, 119 Wash.2d 34, 65 , 830 P.2d 318 (1992) (qualified immunity granted in 42 U.S.C. § 1983 cases requires that insubstantial claims must be resolved quickly); Taggart v.

Lowe v. Rowe

173 Wash. App. 253 · Court of Appeals of Washington · Dec 6, 2012

Rowe could not rely on the provision without first establishing that he acted in good faith, thus presenting a factual issue that prevented summary judgment. Mr. … All that needed to be established to *262 obtain immunity was for Mr. Rowe to demonstrate that he communicated to law enforcement concerning a matter within their responsibility.

Bailey v. State

147 Wash. App. 251 · Court of Appeals of Washington · Sep 18, 2008

She points out that there is support for early dismissal review in qualified and absolute immunity cases. See, e.g., Robinson v. … City of Seattle, 119 Wn.2d 34, 65 , 830 P.2d 318 (1992) (qualified immunity granted in 42 U.S.C. § 1983 cases requires that insubstantial claims must be resolved quickly); Taggart v.

Miguel v. Guess

51 P.3d 89 · Court of Appeals of Washington · Jul 18, 2002

He cites Bator for the proposition that "[q]ualified immunity protects state officials from section 1983 liability if their conduct does not violate `clearly established statutory or constitutional rights of which a reasonable … However, Bator held that no qualified immunity existed to protect the defendants from a suit alleging sexual harassment.

Estate of Jones v. State

107 Wash. App. 510 · Court of Appeals of Washington · Dec 26, 2000

State, the court held that while parole officers have qualified personal immunity, that immunity does not run to the State, which remains liable for a parole *519 officer’s negligent supervision. 13 In Bishop v. … Bishop, 137 Wn.2d at 524-26 (discussing absolute and qualified immunity for parole officers). Taggart v. State, 118 Wn.2d 195, 223-24 , 822 P.2d 243 (1992). Taggart, 118 Wn.2d at 223-24 . Taggart, 118 Wn.2d at 210-11 .