Case law

Tracy Helm v. Dept. Of Transportation

Court of Appeals of Washington · Oct 20, 2014

The trial court found that the USMS as a system qualified for discretionary immunity. However, it also found that application of the USMS to defer remediation of this particular slope was fact-dependent. … The form asked, "Does the evidence establish that the [Department] balanced the risks and advantages of delaying remediation of slope 1867?"

Gregory R. Hart, Res./cross-appellant v. City Of Lakewood, App./cross-respondent

Court of Appeals of Washington · Jan 14, 2014

And when a qualified privilege applies, a plaintiff cannot establish a prima facie defamation case unless the plaintiff clearly and convincingly shows that the declarant knew of the statement' s falsity and … Svenning, 67 Wn.2d 882, 884, 410 P. 2d 606 ( 1966). " The public policy which requires immunity for the prosecuting attorney, also requires immunity for both the state and the county for acts of

Klickitat County v. State

71 Wash. App. 760 · Court of Appeals of Washington · Nov 30, 1993

Ct. 60 (1993), the court held the jurisdiction provisions of the act constituted a limited waiver of sovereign immunity. … Here, the Commission, which is clearly a creature of federal law, has the authority to approve or disapprove the County's land use regulations.

Pinebrook Homeowners Ass'n v. Owen

48 Wash. App. 424 · Court of Appeals of Washington · Jul 9, 1987

The Covenants also established monthly assessments to pay for the maintenance charges. … Clearly this judgment and decree amounts to a means of enforcing the court's judgment and qualifies as an execution within the meaning of RCW 61.12.090. The homestead is thus exempt from such proceedings.

Miles v. Child Protective Services Department

102 Wash. App. 142 · Court of Appeals of Washington · Aug 18, 2000

A plaintiff may not sue under 42 U.S.C. § 1983 unless the defendant’s conduct violated a clearly established constitutional right. 34 A plaintiff bears the burden of identifying and showing such a right. 35 The Miles make … Feldman and Children’s were not immune, the plaintiffs would be unable to establish causation.

State v. Thomas

8 Wash. App. 495 · Court of Appeals of Washington · Mar 5, 1973

of his act, or (2) he can establish that he did not know that his act was wrong. … a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature

State v. David R.

148 Wash. App. 383 · Court of Appeals of Washington · Jan 20, 2009

Clearly the term is intended to refer to political jurisdictions. DCS is not a political jurisdiction. *392 ¶21 It is, however, an individual. … Rptr. 2d 65 (2003) (California mental health law providing criminal and civil immunity to individuals authorized to detain the mentally ill provides immunity to hospitals and .clinics). See McDaniels v.

State v. Weygandt

20 Wash. App. 599 · Court of Appeals of Washington · Jul 3, 1978

Davis subsequently turned state's evidence and was granted immunity. The jury convicted Weygandt and Polanski of second-degree murder. Defendant Weygandt alone appeals. … Ferguson, a qualified fingerprint expert in Washington, D.C., who examined and compared the fingerprints with known fingerprints of Jamie L. Grimes and concluded they were the same.

Larry Spohn, V. Department Of Labor And Industries

Court of Appeals of Washington · Dec 7, 2021

failed to establish a qualifying medical condition. … But Spohn provides no direct authority for this assertion and it is clearly contradicted by Gorre v.

City of Snohomish v. Swoboda

1 Wash. App. 292 · Court of Appeals of Washington · Nov 17, 1969

It should first be noted that the circumstances under which the firecrackers were produced were clearly tantamount to a search. … Cases, both federal and state, too numerous to require citation, recognize that the immunity is not from all searches but only those which are unreasonable.

In Re MKMR

199 P.3d 1038 · Court of Appeals of Washington · Jan 20, 2009

Clearly the term is intended to refer to political jurisdictions. DCS is not a political jurisdiction. ¶ 21 It is, however, an individual. … National Psychiatric Services, Inc., 105 Cal.App.4th 48, 56 , 129 Cal.Rptr.2d 65 (2003) (California mental health law providing criminal and civil immunity to individuals authorized to detain the mentally ill provides immunity

State v. Haguewood

56 Wash. App. 37 · Court of Appeals of Washington · Nov 14, 1989

That statute expressly provides that the mayor under the council-manager plan "shall continue to have all the rights, privileges, and immunities of a member of the council." … Therefore, the unlimited voting rights of a mayor under the council-manager plan, established in RCW 35A.13.030, are not superseded.

Stenger v. State

16 P.3d 655 · Court of Appeals of Washington · Jan 19, 2001

But Babcock only discussed the State's immunity from liability in such cases, ultimately finding that caseworkers are not absolutely immune from such suits, reversing the trial court's grant of summary judgment on that basis … Thus, Babcock is not relevant to the question of the State's duty in this case although it does stand for the proposition that caseworkers have qualified immunity for foster care placement decisions and the State has no immunity

Pacific Land Partners, LLC v. Dept. of Ecology

208 P.3d 586 · Court of Appeals of Washington · Jun 9, 2009

Federal immunity and preemption. After the Board entered the 2005 order, Mr. Bernsen raised new federal issues on appeal to the Walla Walla Superior Court. … The directive from the legislature is that his right must be forfeited unless he qualifies for one of the narrowly defined exceptions. Id. Mr.

1519-1525 Lakeview Boulevard Condominium Ass'n v. Apartment Sales Corp.

101 Wash. App. 923 · Court of Appeals of Washington · Aug 14, 2000

Lakeview thus establishes no basis for any approach other than the straightforward application of the statute employed by the trial court. … courts have since reached the same result. 46 (There are thoughtful discussions in several cases, considering various arguments on both sides of this issue.) 47 Lakeview contends the reasoning of those later cases was not clearly

Brutsche v. City of Kent

78 Wash. App. 370 · Court of Appeals of Washington · Jun 26, 1995

The limitation period applicable to section 1983 actions is clearly three years. Robinson, 119 Wn.2d at 85-86 . … The City identifies only one analogous limitation period: the 30-day period during which its qualified electors may challenge an ordinance through the referendum process.

Pacific Land Partners, LLC v. Department of Ecology

150 Wash. App. 740 · Court of Appeals of Washington · Jun 9, 2009

“Person,” as used in the statute, includes “the United States of America when claiming water rights established under the laws of the state of Washington.” RCW 90.14.031(1). … The directive from the legislature is that his right must be forfeited unless he qualifies for one of the narrowly defined exceptions. Id. Mr.

Rafn Co. v. Department of Labor & Industries

104 Wash. App. 947 · Court of Appeals of Washington · Feb 15, 2001

In effect, the fifth proviso of RCW 51.16.060 codifies Lunday and clearly defines when a hiring company’s liability will accrue. Wash. Const, art. … Spokane Culvert & Fabricating Co., 91 Wn.2d 550 , 588 P.2d 1174 (1979) (holding employer utilizing temporary worker not necessarily immune from tort liability).

Alfonso Tavaglione, V. Dehkhoda & Qadri, Dba, Et Ano

Court of Appeals of Washington · May 27, 2025

If a law firm’s primary purpose is the collection of consumer debts, “it may qualify as a collection agency under the WCAA.” Id. … To establish a CPA claim, a plaintiff must show (1) an unfair or deceptive practice (2) occurring in trade or commerce (3) that affects the public interest, (4) an injury to plaintiff’s business or property, and (5) that

Arthur West, V. Washington State Legislature

Court of Appeals of Washington · Feb 24, 2026

However, a PRA request itself – before the commencement of any legal action in the courts – does not qualify as a civil action. … Beno clearly involved a “civil action” – the administrative assistant was subpoenaed to testify in ongoing litigation.