Case law
Opinions from 1658 to today.
1,747 results
0.71s
District Court, W.D. Washington · Aug 19, 2024
County of 3 Orange, 6 F.4th 961, 972 (9th Cir. 2021), which stated in the context of a qualified immunity 4 analysis that the court was “not aware of any precedent expressly recognizing” a particular 5 constitutional … The County fails to explain why an observation made 6 in the context of a qualified immunity analysis precludes Plaintiff’s Monell claim. 7 The only other remotely specific argument offered by the County is a conclusory
Cited 0 timesUnknownDistrict Court, W.D. Washington · Aug 26, 2024
20 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 21 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 22 who is immune … Retaliation against prisoners for their exercise of this 21 right is itself a constitutional violation, and prohibited as a matter of clearly established law.” 22 Brodheim v.
Cited 0 timesUnknownEducational Credit Management Corp. v. Beattie
490 B.R. 581 · District Court, W.D. Washington · Dec 17, 2012
In order to qualify for an “undue hardship” discharge, Plaintiff is required to prove that 1) she cannot maintain, based on current income and expenses, a “minimal” standard of living for herself and her dependents if forced … This is clearly not the case. Plaintiffs daughter was two years old at the time of the trial which indicates that, at most, full-time child care will continue for another three years.
Cited 4 timesPublishedDistrict Court, W.D. Washington · Mar 4, 2026
The “burden is on the ‘next friend’ clearly to establish the 10 propriety of his status and thereby justify jurisdiction of the court.” … , 2018)). 23 24 1 Here, even assuming Gonzalez qualifies
Cited 0 timesUnknownDistrict Court, W.D. Washington · Feb 19, 2025
And even if there were false statements about the utility and 2 sewage allegations, those statements were not “material to the finding of probable cause,” which 3 was clearly established for the citations of the six-foot … is insufficient to establish probable cause.”)
Cited 0 timesUnknownDistrict Court, W.D. Washington · Mar 20, 2024
It also includes establishing a “reasonable basis both in law and 16 fact.” Abela v. Gustafson, 888 F.2d 1258, 1264 (9th Cir. 1989). … “A position 2 that was ‘not contrary to clearly established law’ is thus substantially justified.” Id.
Cited 0 timesUnknownDistrict Court, W.D. Washington · Feb 1, 2021
by 1992, SSNW had established a limited nonconforming use by virtue of its predecessor's 16 security services on the site. … at Fort Discovery until court order is complied with in full. 3 Please tell them no qualifying at Fort Discovery.”
Cited 0 timesUnknownRathod v. Providence Health & Services
District Court, W.D. Washington · Nov 21, 2022
Zimmer to establish 15 both the standard of care and causation. Dr. … Corporate Liability 4 5 The United States has not waived its sovereign immunity for claims
Cited 0 timesUnknownMoore v. Robinhood Financial LLC
District Court, W.D. Washington · Jul 29, 2022
Designations 17 that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 18 unnecessarily encumber or delay the case development process or to impose unnecessary 19 expenses … Except as otherwise provided in this 25 agreement (see, e.g., Section 5.3 below), or as otherwise stipulated or ordered, disclosure of 26 discovery material that qualifies for protection under this agreement must be clearly
Cited 0 timesUnknownDistrict Court, W.D. Washington · Feb 16, 2021
of discretion; prosecutors not necessarily 15 immune for actions prior to advocacy like gathering evidence or providing legal advice to 16 the police). … Therefore, as any amendment of Green’s claims is not clearly futile, the 20 Court grants leave to amend. 21 Green also alleges that the State violated a variety of provisions
Cited 0 timesUnknownDistrict Court, W.D. Washington · Jan 23, 2024
Inslee was entitled to qualified immunity. Id. at 6 13-15. This order adopts the reasoning from the December 21, 2023 order on all federal claims. 7 The state law claims against Gov. Inslee were also dismissed. … “Instead, the 4 plaintiff must establish some other nexus sufficient to make it fair to attribute liability to the 5 private entity.” Id. This the Plaintiffs have not done.
Cited 0 timesUnknown944 F. Supp. 1470 · District Court, W.D. Washington · Nov 1, 1996
The patron can see and hear the dancer more clearly, and has a better opportunity to smell the “breath, perfume and the scent of the body.” Plaintiffs’ Supplemental Brief at 7. … McLaughlin has no specialized knowledge, skill, training, education, or experience that would qualify him to offer an opinion on the purpose of the ordinance.
Cited 10 timesPublishedMorrison v. State of Washington
District Court, W.D. Washington · Nov 22, 2022
Finally, plaintiff seeks to compel discovery responses from the individual 10 defendants who have not responded to plaintiff’s supplemental requests because they 11 have a pending summary judgment motion based on qualified … immunity.
Cited 0 timesUnknownDistrict Court, W.D. Washington · Nov 14, 2024
Id. 4 This evidence establishes probable cause to believe Mr. Miller had committed the crime 5 of malicious mischief. The Officers’ decision to arrest Mr. … immunity from suit, and Thurston County argues 17 that Mr.
Cited 0 timesUnknownThe Estate of Nicholas Ellingson v. City of Auburn
District Court, W.D. Washington · Feb 3, 2025
Even if Crich and Ellingson were in a committed intimate 16 relationship, Crich still would not qualify to be a beneficiary under Section 4.20.010. … To establish negligence, a plaintiff must prove: (1) the existence of a duty owed 17 to her; (2) a breach of that duty; (3) a resulting injury; and (4) that the breach was the proximate 18 cause of the injury.
Cited 0 timesUnknownDistrict Court, W.D. Washington · Apr 16, 2021
Musse 20 had presented such evidence, Director Hayes is entitled to qualified immunity. (Dkt. No. 43 at 9– 21 16.) … This is sufficient to 6 establish material disputed facts as to whether prison officials should have been aware of the 7 risks Mr.
Cited 0 timesUnknown626 F. Supp. 1405 · District Court, W.D. Washington · Dec 31, 1985
Certain tribes, including the Quinaults, have qualified as “self-regulating.” … Fourteen of the Tribal attorneys so qualify.
Cited 28 timesPublishedDistrict Court, W.D. Washington · Oct 5, 2020
1 In response to a factual attack, the plaintiff “must present ‘affidavits or any other 2 evidence necessary to satisfy [his or her] burden of establishing … Office of Appeals will 3 hold a hearing upon request by a taxpayer who has been notified of his right to a due process 4 hearing under § 6330(a), but if the IRS determine that any portion of the request for a hearing 5 qualifies
Cited 0 timesUnknownUnited States Ex Rel. Lord Electric Co. v. Titan Pacific Construction Corp.
637 F. Supp. 1556 · District Court, W.D. Washington · Jun 30, 1986
Walker describes his role during this period as insignificant in an apparent attempt to qualify for an exception to Rule 1.9 under the “peripheral representation” standard. … Padco, Inc., 746 F.2d 1459, 1462 (Fed.Cir.1984) (screening must be established when lawyer joins new firm); Schiessle v.
Cited 54 timesPublishedLane v. Washington Department of Corrections
District Court, W.D. Washington · Nov 2, 2020
Additionally, there is no evidence 12 the State of Washington has waived its Eleventh Amendment immunity in federal courts. 13 Therefore, the Washington Department of Corrections for Women, as an arm of the state, cannot … This causal link is established either by the direct personal participation of the supervisor 11 or by the supervisor’s initiation of a “series of acts by others which the actor knows or 12 reasonably should know would
Cited 0 timesUnknown
Ask Donna