Case law

Becker v. Washington State University

165 Wash. App. 235 · Court of Appeals of Washington · Oct 13, 2011

clearly established statutory or constitutional rights of which a reasonable person would have known. … Becker must establish a violation of due process, equal protection, or free expression to avoid qualified immunity under 42 U.S.C. § 1983 . ¶42 The touchstone of due process is protection of the individual against arbitrary

Wendell Long v. Snoqualmie Gaming Commission

435 P.3d 339 · Court of Appeals of Washington · Feb 25, 2019

Broad Application of the Language of the Agreement Long claims that the settlement agreement provision waiving sovereign immunity clearly and unambiguous waives the immunity of the Commission. … Ed 2d 773 (1996) (indicating that qualified immunity protects one from the burdens of litigation, including pretrial actions, and therefore a court should stay discovery during determination regarding immunity).

Furfaro v. City of Seattle

97 Wash. App. 537 · Court of Appeals of Washington · Sep 27, 1999

Qualified immunity is a judicially created doctrine protecting government officials from civil liability for performing discretionary functions “insofar as their *552 conduct does not violate clearly established statutory … Once a defendant properly raises the issue of qualified immunity, the plaintiff bears the burden of proving that the right allegedly violated was clearly established at the time of the occurrence at issue. Anderson v.

M.W. v. Department of Social & Health Services

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

For the caseworkers 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.” Lesley, 83 Wn. … Even if Francis has qualified immunity, the State can still be liable for negligent investigation. Waller v. State, 64 Wn. App. 318, 334 , 824 P.2d 1225 (1992).

Daniel v. State

36 Wash. App. 59 · Court of Appeals of Washington · Nov 3, 1983

However, the State argues the troopers are protected by a qualified immunity *65 from liability for false arrest. … In civil rights actions, the courts have "uniformly refused to award damages when the constitutional right allegedly violated was not clearly established at the time of the conduct." Hocker v. Woody, supra at 826.

Kalmas v. Wagner

82 Wash. App. 105 · Court of Appeals of Washington · May 3, 1996

Rather, mental state affects qualified immunity and the availability of damages as a remedy. … App. 784, 788 , 892 P.2d 745 (1995) ("qualified immunity may be established as a matter of law on a motion for summary judgment or for a directed verdict. . . .

Locke v. City of Seattle

133 Wash. App. 696 · Court of Appeals of Washington · Jun 19, 2006

scrutiny” to RCW 41.26.281, we find that the provision is clearly applied alike to all members of the designated class. … We also reject the city’s argument that trainees such as Locke are not qualified LEOFF members because they are not fully trained fire fighters.

Kauzlarich v. Yarbrough

105 Wash. App. 632 · Court of Appeals of Washington · Feb 9, 2001

We do not address whether there is an absolute privilege or immunity because we hold that there is a qualified privilege and a statutory privilege that cover this situation. B. … Therefore, we hold that Kauzlarich has not established that Yarbrough abused the qualified privilege in making his statement and, thus, summary judgment was proper. II.

Dutton v. Washington Physicians Health Program

87 Wash. App. 614 · Court of Appeals of Washington · Jul 21, 1997

Ill Qualified Immunity of the Program Dr. … It is particularly important that good faith (or its *623 absence) in this qualified immunity situation be determined promptly. As our Supreme Court observed in Robinson v.

Marthaller v. King County Hospital District No. 2

94 Wash. App. 911 · Court of Appeals of Washington · Mar 29, 1999

The Paramedics Are Statutorily Immune From Liability RCW 18.71.210 provides paramedics with qualified *916 immunity from liability for their acts or omissions in rendering emergency medical services. … The defendant claimed qualified immunity under RCW 18.130.175(7) that grants immunity to a person who, in good faith, reports information concerning substance abuse by health professionals. See Dutton, 87 Wn.

Mitchell v. Board of Industrial Insurance Appeals

109 Wash. App. 88 · Court of Appeals of Washington · Nov 13, 2001

A statute affords qualifying veterans a preference in public employment in recognition of service rendered to their country. … Mitchell argues that this statute establishes an absolute preference for veterans who have the physical capacity to do a job.

Locke v. City of Seattle

137 P.3d 52 · Court of Appeals of Washington · Jun 19, 2006

" to RCW 41.26.281, we find that the provision is clearly applied alike to all members of the designated class. … We also reject the city's argument that trainees such as Locke are not qualified LEOFF members because they are not fully-trained fire fighters.

Donna Zink & Jeff Zink v. City of Mesa

17 Wash. App. 2d 701 · Court of Appeals of Washington · Jun 1, 2021

Zink was arrested without probable cause, Mayor Ross is nevertheless entitled to qualified immunity. Qualified immunity can insulate a governmental official from liability for an unlawful arrest under § 1983. … The question of qualified immunity is different from causation. Qualified immunity turns on whether a governmental official’s conduct was objectively reasonable based on clearly established law. See Furfaro v.

Kauzlarich v. Yarbrough

20 P.3d 946 · Court of Appeals of Washington · Mar 30, 2001

We do not address whether there is an absolute privilege or immunity because we hold that there is a qualified privilege and a statutory privilege that cover this situation. B. … Therefore, we hold that Kauzlarich has not established that Yarbrough abused the qualified privilege in making his statement and, thus, summary judgment was proper. II.

Forest v. State

62 Wash. App. 363 · Court of Appeals of Washington · Jul 1, 1991

Clearly, this result would eliminate the beneficial and rehabilitative functions of parole. That is not in the public interest. … State, 116 Wn.2d 596 , 809 P.2d 143 (1991), denying caseworkers absolute immunity, also prevents the State from using whatever qualified immunity may exist. 3 RCW 70.96A.120(2) requires that a police officer take into custody

Kerr v. Olson

59 Wash. App. 470 · Court of Appeals of Washington · Dec 4, 1990

The doctors contend that regardless of the contractual language identifying them as independent contractors, they both qualify under the act as "workers" and as such automatically qualify as co-workers. … We hold that the services of a physician whether engaged in the employment of the employer or working under an independent contract, which is to render personal service, qualifies for third party immunity pursuant to ROW

Gilman v. MacDonald

74 Wash. App. 733 · Court of Appeals of Washington · Jul 5, 1994

The burden of establishing abuse of a qualified privilege rests on the defamed party, who must show by clear and convincing evidence the declarant’s knowledge of the falsity, or his or her reckless disregard as to the falsity … However, we note that while failure to investigate or act with reasonable grounds for belief in the truth of a statement, without more, is not sufficient to establish abuse of a qualified privilege, it is nonetheless evidence

Sattler v. Northwest Tissue Center

42 P.3d 440 · Court of Appeals of Washington · Mar 18, 2002

The standard of good faith is objective; it affords immunity to qualified individuals and entities who demonstrate that they acted with an honest belief, without malice and without a design to defraud or to seek an unconscionable … We conclude Northwest qualifies as an "other person" and is entitled by statute to assert the defense.

Gilliam v. Department of Social & Health Services

89 Wash. App. 569 · Court of Appeals of Washington · Jan 26, 1998

ABSOLUTE IMMUNITY An immunity “frees one who enjoys it from a *577 lawsuit whether or not he acted wrongly.” 3 Absolute immunity protects the State as well as its agents, in contrast to the qualified personal immunity of … to qualified immunity for doing so).

Mitchell v. Board of Indus. Ins. Appeals

34 P.3d 267 · Court of Appeals of Washington · Nov 13, 2001

A statute affords qualifying veterans a preference in public employment in recognition of service rendered to their country. … Mitchell argues that this statute establishes an absolute preference for veterans who have the physical capacity to do a job.