Case law
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District Court, W.D. Washington · Mar 12, 2024
Most significantly, it is difficult to discern what actions 8 individual defendants took which Plaintiff alleges violated his constitutional rights. 9 For Defendants Lanum and Clarino, Plaintiff has not clearly … But “[a] showing of 13 medical malpractice or negligence is insufficient to establish a constitutional deprivation under 14 the Eighth Amendment,” Dkt. 8 at 7 (citing Toguchi v.
Cited 0 timesUnknownDistrict Court, W.D. Washington · Nov 9, 2023
13 But here, as Plaintiffs argue, indefinite unpaid leave does not so clearly … Plaintiffs allege that PeaceHealth’s vaccine 4 mandate was arbitrary and capricious because natural immunity is at least as effective as vaccine 5 immunity, vaccine immunity wanes over time, and the COVID-19 vaccine
Cited 0 timesUnknownDistrict Court, W.D. Washington · Jul 10, 2025
Finally, Defendants make the capstone argument that all individually 6 named Defendants are entitled to qualified immunity. … With respect to the individually named 24 Defendants only, Defendants argue summary judgment is warranted on qualified immunity 1 grounds. Id. at 20–21.
Cited 0 timesUnknownDistrict Court, W.D. Washington · Oct 13, 2022
the 5 complaint, or any portion of the complaint, if the complaint—(1) is frivolous, malicious, or fails 6 to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 7 who is immune … Plaintiff may also file a separate § 2241 habeas petition challenging the fact 9 or duration of his custody on the form provided by the Court, but if he does so he must clearly 10 explain in the petition why his claims
Cited 0 timesUnknownDistrict Court, W.D. Washington · Oct 24, 2022
These allegations sufficiently establish that Ms. … Wasden, 376 F.3d at 917. 8 As the Ninth Circuit established in Jackson v.
Cited 0 timesUnknownUnited States v. State of Washington
District Court, W.D. Washington · Nov 13, 2019
Moreover, the Region 2 East 7 Tribes point out that recovery for such an economic harm is not possible due to Lummi’s 8 sovereign immunity. Dkt. #8 at 6; Dkt. #13 at 17. … See also Dkt. #13 at 16 (noting 10 precedent establishing that “intangible injuries may qualify as irreparable harm” and that the 11 “magnitude of the injury” is irrelevant).
Cited 0 timesUnknownDistrict Court, W.D. Washington · Jul 8, 2025
18 complaint, or any portion of the complaint, if the complaint: (1) is frivolous, malicious, or fails to 19 state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant 20 who is immune … Williams, 490 U.S. 319, 327 (1989) (claims properly dismissed as 19 frivolous under the PLRA are “those claims whose factual contentions are clearly baseless” and 20 “claims describing fantastic or delusional scenarios
Cited 0 timesUnknownBenson v. Double Down Interactive, LLC
District Court, W.D. Washington · Aug 11, 2020
Washington law allows certification of question to the 4 Washington Supreme Court when “the local law has not been clearly determined.” RCW 5 § 2.60.020; accord, RAP 16.16(a). … App. 344, 360 5 (2009) (holding that poker qualifies as a “contest of chance”).
Cited 0 timesUnknownDistrict Court, W.D. Washington · Aug 25, 2026
It lacks a 9 federal cause of action, clearly fails to establish any basis for an amount in controversy exceeding 10 $75,000, and does not plead citizenship of the parties. See generally id. … OPK Biotech 9 LLC, 665 F.3d 38, 42–43 (1st Cir. 2012) (plaintiff’s allegation that the amount in controversy was 10 “at least $1,000,000” did not qualify as sufficient particularity where he provided no substantiation
Cited 0 timesUnknownPeridot Tree WA Inc v. Washington State Liquor and Cannabis Control Board
District Court, W.D. Washington · Jan 5, 2024
statute has only indirect effects on interstate commerce and 9 regulates evenhandedly, we have examined whether the State’s interest is legitimate and whether the burden on interstate commerce clearly … And the Court recognizes that 13 Washington’s intrastate cannabis market affects this interstate cannabis market, which is not 14 immune from economic protectionism.
Cited 0 timesUnknownDistrict Court, W.D. Washington · Jun 12, 2023
immunity’; both ‘may serve as a barrier to the success of a 4 plaintiff’s claims, but [neither] affect[s] the court’s authority to consider them.’” 5 Skrzypczak v. … McMahon’s] claims clearly 4 regard discrimination on the basis of sex, sexual orientation and being in a same-sex 5 marriage.” (Pl. Reply at 10.)
Cited 0 timesUnknownDistrict Court, W.D. Washington · Jul 20, 2026
v. 22nd Circuit, but [her] basis for suit here is 15 materially different, in that here [she] is alleging that an employee/employer relationship existed 16 between the 22nd Circuit Defendants for which they are not immune … Nor does the Court permit Staples leave to amend her claims against Aldi and Ogletree 10 Deakins, which are clearly time-barred. Dkt.
Cited 0 timesUnknownDistrict Court, W.D. Washington · Sep 19, 2025
To succeed 17 on his motion for a preliminary injunction, Plaintiff must clearly demonstrate that he will likely 18 succeed on his claim that Defendant failed to conduct a reasonable investigation or correct the 19 … Rental, Inc., 944 F.2d 597, 24 1 603 (9th Cir. 1991) (“[I]ntangible injuries, such as damage to ongoing recruitment efforts and 2 goodwill, qualify
Cited 0 timesUnknownGonzales v. U.S. Deptartment of Homeland Security
239 F.R.D. 620 · District Court, W.D. Washington · Nov 13, 2006
USCIS is a bureau of DHS and is responsible for adjudicating immigration and naturalization applications and establishing immigration services policies. Defendant Michael Chertoff is the Secretary of DHS. … Courts should therefore deny a request for a mandatory *627 injunction “unless the facts and law clearly favor the moving party.” Id.
Cited 2 timesPublished3 F. Supp. 3d 877 · District Court, W.D. Washington · Mar 11, 2014
Robbins, 715 F.3d 1127, 1137 (9th Cir.2013), the court detailed Ninth Circuit rulings establishing that “Demore’s holding is limited to detentions of brief duration.” … An Alien “Described in Paragraph (1)” is An Alien Who Has Both Committed a Qualifying Offense and Been Taken Into Federal Custody “When ... Released” From State Custody.
Cited 7 timesPublishedWSOU Investments LLC v. F5 Networks Inc
District Court, W.D. Washington · May 30, 2023
Even if taken as true, Plaintiff’s evidence would not have established 19 that Defendant’s product possessed the necessary capability. … Analysis 24 The Court finds that this case does not qualify as exceptional.
Cited 0 timesUnknownWilmotte v. National Railroad Passenger Corporation
District Court, W.D. Washington · Jan 9, 2020
Hayes was not a medical expert, he was not 14 qualified to offer an opinion regarding the extent of Mr. Wilmotte’s specific injuries, 15 much less any resulting emotional damages.” Dkt. 142 at 13. … Amtrak has failed 14 to establish any material errors that deprived it of a fair trial.
Cited 0 timesUnknown18 F. Supp. 3d 1172 · District Court, W.D. Washington · Dec 31, 1993
First, they challenge the jurisdiction of this court, asserting they have not waived their sovereign immunity as to regulation of their halibut harvest. … To facilitate appointment of special masters and mediators, the court will maintain a register of persons who are qualified and available to serve in such capacities in this action.
Cited 19 timesPublishedDistrict Court, W.D. Washington · Nov 4, 2021
wide latitude . . . mere expressions of opinion or severe criticism are not libelous if they 17 18 clearly … immunity.
Cited 0 timesUnknownDistrict Court, W.D. Washington · Jul 21, 2023
unreasonable application of clearly established 21 federal law.” … See Brewer, 378 F.3d at 955 (a state court decision cannot be contrary to or an unreasonable application 21 of clearly established federal law if there is no clearly established federal law on the issue).
Cited 0 timesUnknown
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