Case law

State v. Williams

135 Wash. App. 915 · Court of Appeals of Washington · Nov 7, 2006

Hunter, 449 F.3d 978, 997 (9th Cir. 2006), which addresses California’s sexually violent predator statute, 3 for the proposition that there is no blanket qualified immunity allowing entities detaining SVPs to conduct a search … or seize property in an arbitrary or retaliatory manner, or in a manner that clearly exceeds the legitimate purpose of their detention.

Thompson v. Devlin

51 Wash. App. 462 · Court of Appeals of Washington · Apr 26, 1988

Read as a whole, chapter 392-151 clearly includes adult supervisors as members of the school safety patrols. … We believe the regulations of WAC 392-151 clearly satisfy the test adopted in Kness v. Truck Trailer Equip.

Ripley v. Grays Harbor County

27 P.3d 1197 · Court of Appeals of Washington · Jul 27, 2001

The County argues that the due care requirement does not apply because, as a governmental entity, it is immune from liability related to road building activities. … But the County clearly acknowledges that the channel and discharge exception extends to situations where the road itself acts as a conduit, collecting, channeling and discharging water that would otherwise flow in a diffuse

Cory And Melissa Jespersen, V Clark County

199 Wash. App. 568 · Court of Appeals of Washington · Jul 5, 2017

We hold that the Jespersens cannot establish a violation of their substantive due process rights. Thus, their claim fails. C. … A municipality may qualify as a “person” for purposes of 42 U.S.C. section 1983. Robinson v. City of Seattle, 119 Wn.2d 34, 58, 830 P.2d 318 (1992).

Geneva Water Corp. v. City of Bellingham

12 Wash. App. 856 · Court of Appeals of Washington · Mar 3, 1975

establish a nondiscriminatory classification. … There is a strong presumption that the city, in exercising this function, acts within the bounds of reasonableness, and in the absence of evidence clearly establishing that the rate fixed is unreasonable, we have no power

Debra Koshelnik v. D.s.h.s.

Court of Appeals of Washington · Jun 20, 2016

privilege or immunity and establishes all of the elements [of defamation].” … However, by virtue of the fact that the Department asserted the defense of qualified immunity in its motion for summary judgment, we accept that appellants have sued the defendants in their individual capacity.

City of Pasco v. Department Retirement Systems

110 Wash. App. 582 · Court of Appeals of Washington · Mar 22, 2002

Second, RCW 41.26.030(28) and (29), respectively, established an effective date to end LEOFF Plan 1 and established LEOFF Plan 2 for new employees after October 1, 1977. … Thus, Crabtree allowed members to qualify for Plan 1 after the cutoff date, even though the teachers did not establish membership eligibility before October 1, 1977. 12 Similarly, Andres was not “certified” as having met

Tesoro Refining v. State, Dept. of Revenue

246 P.3d 211 · Court of Appeals of Washington · Dec 21, 2010

Bunker fuel is a qualifying fuel. … The amendment added language to the statute clearly limiting its applicability to wholesalers and retailers of qualifying fuel. RCW 82.04.433.

Roeder Co. v. K&E Moving & Storage Co.

102 Wash. App. 49 · Court of Appeals of Washington · May 30, 2000

The record establishes that railroads paid significant amounts for both easements and fee simple purchases. 17 Therefore, the negligible consideration alone does not negate the conclusion that, when read in light of Brown … Courts must “conduct a deed-by-deed analysis to ascertain whether the parties clearly and expressly limited or qualified the interest granted, considering the express language, the form of the instrument, and the surrounding

State v. Pacific Health Center, Inc.

135 Wash. App. 149 · Court of Appeals of Washington · Sep 25, 2006

They claim they can help with a variety of conditions, including candida, high cholesterol, allergies, and immune deficiencies. … But they represent that they can help people with arthritis, immune deficiencies, high cholesterol, and other physical conditions.

State v. Pacific Health Center, Inc.

143 P.3d 618 · Court of Appeals of Washington · Sep 25, 2006

They claim they can help with a variety of conditions, including candida, high cholesterol, allergies, and immune deficiencies. … But they represent that they can help people with arthritis, immune deficiencies, high cholesterol, and other physical conditions.

Negron v. Snoqualmie Valley Hosp.

936 P.2d 55 · Court of Appeals of Washington · Jul 11, 1997

It is indeed well-settled that when medical testimony is necessary to establish causation of injury or disease, that testimony must be given by a qualified person in terms of reasonable medical probability. [11] We applied … The plaintiff sought to show that the emotional distress depressed his immune system, resulting in a case of active hepatitis.

State v. Williams

146 P.3d 481 · Court of Appeals of Washington · Nov 7, 2006

Hunter, 449 F.3d 978, 997 (9th Cir.2006), which addresses California's Sexually Violent Predator statute, [3] for the proposition that there is no blanket qualified immunity allowing entities detaining SVPs to conduct a search … or seize property in an arbitrary or retaliatory manner, or in a manner that clearly exceeds the legitimate purpose of their detention.

Franklin v. Johnston

161 Wash. App. 803 · Court of Appeals of Washington · May 16, 2011

parents from qualifying as de facto *814 parents. … J. had “clearly developed a primary attachment to [Franklin] as his parent.” CP at 949. ¶43 Nevertheless, Johnston contends that by virtue of the State’s taking legal custody of A.F.

In Re Detention of Davis

37 P.3d 325 · Court of Appeals of Washington · Jan 7, 2002

First, even though the facts alleged would, if proved, constitute a recent overt act, the sexual allegations were not established at the violation hearing. … Second, nothing was established at that hearing by proof beyond a reasonable doubt.

State of Washington v. Gustavo Duarte Mares

190 Wash. App. 343 · Court of Appeals of Washington · Sep 24, 2015

Mares agreement to sexual intercourse be made "at the time of the act of sexual intercourse"­ then we should ascribe the same temporal qualifier to the statute's requirement that lack of consent be clearly expressed. … App. 599,608-9,36 P.3d 1103 (2001), in which the court held that a victim's helplessness or incapacitation can be established by debilitating intoxication.

White v. Kent Medical Center, Inc.

61 Wash. App. 163 · Court of Appeals of Washington · May 6, 1991

In sum, it is incumbent upon the moving party to determine what issues are susceptible to resolution by summary judgment, and to clearly state in its opening papers those issues upon which summary judgment is sought. 1 If … Pierson, 411 N.W.2d 92, 96 (N.D. 1987); see also ER 702 (witness qualifies as expert by knowledge, skill, experience, training, or education).

In Re Parentage of MS

115 P.3d 405 · Court of Appeals of Washington · Jul 18, 2005

In February 2003, *407 Hampson filed a petition to establish the parentage of MS. … But she declined to rule on the issue, stating "So I think the cases are clearly distinguishable, and I think the statute controls.

Fernando v. Nieswandt

940 P.2d 1380 · Court of Appeals of Washington · Jul 28, 1997

He also testified that guardians ad litem are generally not qualified to make recommendations for the care of a child because they have no scientific training. … The statute which permits the court to appoint a guardian ad litem establishes the qualifications as well.

Baarslag v. Hawkins

12 Wash. App. 756 · Court of Appeals of Washington · Apr 10, 1975

Paragraph Fourth of the Last Will and Testament of Hendrik Stephanus Baarslag does not qualify as a private trust and does not qualify as a charitable trust, there being no language in the Will that would prevent the trustees … The record indicates that the appellants have established at least two of the elements of incorporation by reference.