Case law

Club Level, Inc. v. Wa State Liquor Control Board

Court of Appeals of Washington · Dec 30, 2014

The qualified immunity from suit enjoyed by law enforcement personnel performing their official duties does not bar his claim, Fila maintains, because "[ t] he right to operate a liquor establishment … Qualified Immunity and the Right to Pursue an Occupation The affirmative defense of qualified immunity protects government officials from suits for civil damages based on their performance of discretionary functions

Yonker v. DEPT. OF SOCIAL AND HEALTH SERV.

930 P.2d 958 · Court of Appeals of Washington · Feb 10, 1997

Neither of these qualifiers necessarily means that the protected group must be small or narrow. Indeed, such is not the requirement. … The Legislature imposed a specific duty on the Department, and the Legislature has abrogated governmental immunity (RCW 4.96.010).

Williams v. Leone & Keeble, Inc.

170 Wash. App. 696 · Court of Appeals of Washington · Sep 18, 2012

More importantly, if L&K is immune from Mr. … Citing Rice , L&K argues that residency alone does not establish a sufficient relationship to warrant the application of the forum’s law.

Dexter v. Spokane County Health District

76 Wash. App. 372 · Court of Appeals of Washington · Dec 15, 1994

At least one jurisdiction recognizes a claim when the fact of perjury has been established in criminal proceedings. Andrews v. Steinberg, 122 Misc. 2d 468, 477-78 , 471 N.Y.S.2d 764, 772 (1983). … The issue of witness immunity usually arises in the defamation context. Bruce , however, rejected such limitation. All witnesses are immune from all claims arising out of all testimony. Bruce , at 131-34.

State Of Washington v. Eli Mansour

14 Wash. App. 2d 323 · Court of Appeals of Washington · Aug 24, 2020

deal, immunity from prosecution, immunity from prosecution for witness tampering with [A.M.]” 17 No. 78708-0-I/18 that Dr. … But here, the prosecutor argued, in closing: To kind of sum up [Barbour], Joe, Gail, they all clearly had an agenda. They clearly had something that they wanted you to hear about this case.

Mark A. Hiesterman, Appellant/cross-res V. Wa State Dept. Of Health, Respondent/cross-app

Court of Appeals of Washington · Feb 22, 2023

with business expectancy, and invasion of privacy. 4 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/. 54171-8-II established … First, Hiesterman’s claim that RCW 18.130.300 violates article I, section 8 of the Washington Constitution clearly suggests a constitutional issue.

Scott Iceberg v. Deborah Tigerson

Court of Appeals of Washington · May 12, 2026

Therefore, her email did not violate a clearly established constitutional right and she was entitled to qualified immunity. CP 1633-35. … immunity.

State v. Solomon

5 Wash. App. 412 · Court of Appeals of Washington · Jul 19, 1971

It is, therefore, clearly established that when the witness is properly unavailable, his prior testimony can be admitted at a subsequent trial consistent with the Sixth Amendment if, at the previous hearing, there was adequate … This was sufficient evidence to establish rightful possession by the police department.

Life Designs Ranch, Inc. v. Michael Sommer

191 Wash. App. 320 · Court of Appeals of Washington · Nov 12, 2015

The Supreme Court wrote: The imputation of a criminal offense involving moral turpitude has been held to be clearly libelous per se. Ward v. Painters’ Local 300, 41 Wn.2d 859 , 252 P.2d 253 (1953). … This argument would be dispositive only if Life Designs failed to establish defamation per se.

Lowe's Home Centers, Llc v. Dept. Of Revenue, State Of Wa

425 P.3d 959 · Court of Appeals of Washington · Sep 5, 2018

All marketing and promotional materials given to customers had to “clearly disclose that Bank is the owner and creditor on all Accounts.” CP at 134. … Under article I, section 12 of the Washington Constitution, “[n]o law shall be passed granting to any citizen, class of citizens, or corporation . . . privileges or immunities which upon the same terms shall not equally

Buechler v. Wenatchee Valley College

174 Wash. App. 141 · Court of Appeals of Washington · Mar 19, 2013

“Exhaustion is required when: (1) a claim is cognizable in the first instance by an agency alone; (2) the agency has clearly established mechanisms for the resolution of complaints by aggrieved parties; and (3) the administrative … Azurdia were entitled to qualified immunity.

Keppeler v. Board of Trustees

38 Wash. App. 729 · Court of Appeals of Washington · Jul 31, 1984

Keppeler contends the Board's decision was clearly erroneous. … Finally, since the qualifications for the instructor of the proposed tree fruit production program have not been *734 established, it is impossible to determine whether Dr.

State v. Ginn

128 Wash. App. 872 · Court of Appeals of Washington · Aug 9, 2005

RCW 69.51A.010(3)(d). ¶28 Our review of the record establishes that Ginn presented evidence of each element of the “qualifying patient” defense under the Act. … RCW 69.51A-.010(5)(a). 131 Ginn did not present “valid documentation” establishing that Otterson was a qualifying patient.

State v. Ginn

117 P.3d 1155 · Court of Appeals of Washington · Aug 9, 2005

RCW 69.51A.010(3)(d). ¶ 28 Our review of the record establishes that Ginn presented evidence of each element of the "qualifying patient" defense under the Act. … RCW 69.51A.010(5)(a). ¶ 31 Ginn did not present "valid documentation" establishing that Otterson was a qualifying patient.

Crown West Realty, LLC v. Pollution Control Hearings Bd.

435 P.3d 288 · Court of Appeals of Washington · Feb 26, 2019

According to the Conservancy Board, once a water right holder claims a municipal use, the right is immune from relinquishment. … As well as being critical to establishing the existence of a water right, beneficial use establishes the quantity of that right.

Matheson v. STATE LIQUOR CONTROL BD.

130 P.3d 897 · Court of Appeals of Washington · Mar 28, 2006

Where a legitimate public interest exists, the statute "will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits." … Matheson does not qualify for this exemption. See also RCW 82.24.500 (requiring a Washington wholesaler's license to engage in cigarette distribution in this State). ¶ 23 While Mr.

Town of Clyde Hill v. Rodriguez

65 Wash. App. 778 · Court of Appeals of Washington · May 26, 1992

You further have the right to take one or more tests administered by a physician, or a qualified technician, chemist, registered nurse, or other qualified person of your choosing. … While this is clearly more meaningful than a bare statutory citation, there is no legal requirement that the police do so.

Muckleshoot Indian Tribe v. Department of Ecology

112 Wash. App. 712 · Court of Appeals of Washington · Jul 29, 2002

Moreover, qualifying the types of contracts excluded from the act reduces the number of contracts barred from review under the WAPA. … The Tribe claims that the federal agencies cannot qualify as “parties to an agency proceeding” because the negotiation and execution of the IFA was not an “agency proceeding.”

Elizabeth Olson v. Tukwila School District

Court of Appeals of Washington · Oct 12, 2015

To be immune, the landowner must establish that the use (1) was open to members of the public (2) for recreational purposes and that (3) no fee of any kind was charged. … the landowner did not qualify for recreational immunity because the invitation to enter the land depended on the user's religious affiliation.

Michael Michelbrink, Jr. v. Washington State Patrol

191 Wash. App. 414 · Court of Appeals of Washington · Nov 24, 2015

But because the legislature intended to immunize employers from civil suits for workplace injuries, the IIA established a general prohibition on all civil suits for damages arising out of workplace injuries, with only a … Thus, our Supreme Court clearly established that every element of the deliberate intention exception should be interpreted narrowly.