Case law

Nelson v. Thurston County

District Court, W.D. Washington · Jul 7, 2020

Second, Snaza contends that Nelson 4 failed to show that his due process claim is based on a clearly established right, and, 5 consequently, the Court should have determined that Snaza has qualified immunity. 6 … Although Snaza points out that it is the plaintiff’s burden to prove that 24 1 a right is “clearly established” for qualified immunity purposes

Drake v. Pierce

691 F. Supp. 264 · District Court, W.D. Washington · Apr 14, 1988

By delaying implementation of the final rule until July 13, 1988, HUD allows PHAs to continue offering certificates to families who do not qualify for a statutory preference ahead of those that do qualify. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982) (recognizing partial immunity for conduct did not violate clearly established statutory or constitutional rights of which a reasonable person should

J.E.F.M. v. Holder

107 F. Supp. 3d 1119 · District Court, W.D. Washington · Apr 13, 2015

Plaintiffs therefore bear the burden of establishing the existence of an unequivocal waiver of sovereign immunity. See, e.g., Baker v. United States, 817 F.2d 560, 562 (9th Cir.1987). … sovereign immunity, it is DENIED.

White v. King County Sheriff's Office

District Court, W.D. Washington · Dec 2, 2024

Qualified immunity 2 The Defendant officers are not entitled to qualified immunity at this stage. … But the “clearly established” prong of the qualified immunity inquiry turns on 3 whether the constitutional right was clearly established.

Lewis v. Baird

District Court, W.D. Washington · Aug 14, 2020

. § 1983 civil rights complaint for failure to state a claim and based upon qualified 13 immunity. Dkt. 24. … Unless plaintiff makes a two-part showing, qualified immunity 20 shields government officials from liability.

Adamson v. Pierce County

District Court, W.D. Washington · May 25, 2022

Forsyth, 472 U.S. 10 511, 526 (1985) (“Unless the plaintiff’s allegations state a claim of a violation of clearly 11 established law, a defendant pleading qualified immunity is entitled to dismissal before the 12 commencement … Fry, 873 F.3d 817, 822 (9th Cir. 2017) (“Early determination is often possible 8 ‘because qualified immunity most often turns on legal determinations, not disputed facts.’”) 9 (quoting Slowman v.

Van Loo v. United States of America

District Court, W.D. Washington · Dec 5, 2023

when only one defendant is asserting qualified immunity.” … Oct. 9, 2012). 7 Defendants argue Iqbal establishes that qualified immunity “protects a defendant from 8 any discovery that could require the defendant’s involvement.” (Dkt. No. 48 at 5.)

Sturgis v. State of Washington

368 F. Supp. 38 · District Court, W.D. Washington · Dec 3, 1973

It is the judgment of this Court that the statutes of the State of Washington which require a State University student to establish a one-year residency within the State in order for that person to qualify as a resident student … person’ shall mean a person qualified to determine his own domicile.

Danielson v. Am. Fed'n of State

340 F. Supp. 3d 1083 · District Court, W.D. Washington · Nov 28, 2018

(The Union Defendant acknowledges, and Court agrees, that qualified immunity, which shields the State Defendants from damages, does not apply to the Union Defendant, a private actor.) … Although the precise contours of the defense have not been clearly defined by the Supreme Court, circuit courts, including the Ninth Circuit, have acknowledged its general contours of equity and fairness.

Delashaw v. Roberts

District Court, W.D. Washington · Aug 21, 2020

Correa were 16 not integral participants in the violation of any clearly established due process right with 17 respect to the summary suspension, they are entitled to qualified immunity on Dr. 18 Delashaw’s due process … Delashaw’s clearly 3 established Fourteenth Amendment rights, and are entitled to qualified immunity. 4 3. First Amendment Retaliation 5 Dr.

Delashaw v. Roberts

District Court, W.D. Washington · Aug 7, 2020

Correa were 16 not integral participants in the violation of any clearly established due process right with 17 respect to the summary suspension, they are entitled to qualified immunity on Dr. 18 Delashaw’s due process … Delashaw’s clearly 3 established Fourteenth Amendment rights, and are entitled to qualified immunity. 4 3. First Amendment Retaliation 5 Dr.

Martin v. Wheeler

District Court, W.D. Washington · Sep 15, 2020

Defendants in a § 1983 action enjoy qualified immunity from damages for civil 15 liability as long as their conduct does not violate clearly established statutory or 16 constitutional rights of which a reasonable person … In analyzing a qualified immunity defense, courts are “permitted to exercise sound 3 discretion in deciding which of the two prongs of the qualified immunity analysis should 4 be addressed first in light of the circumstances

Parker v. State of Washington

District Court, W.D. Washington · Jul 17, 2023

11 Under the qualified immunity doctrine, “government officials performing 12 discretionary functions generally are shielded from liability for civil damages insofar as 13 their conduct does not violate clearly … The State defendants are entitled to qualified immunity. 14 The State also argues that its employees have qualified immunity from Parker’s § 15 1983 constitutional against them.

Trizuto v. Bellevue Police Department

983 F. Supp. 2d 1277 · District Court, W.D. Washington · Nov 18, 2013

Qualified immunity protects § 1983 defendants “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … or that the right was not “clearly established” at the time of the defendant’s violation.

Rehn v. City of Seattle

District Court, W.D. Washington · Jul 1, 2025

Officers are entitled to qualified immunity unless 22 (1) the officers’ conduct violated a constitutional right and (2) the right which was 23 violated was clearly established at the time of the violation. … Subsequent courts addressing 8 qualified immunity for mistaken home entries have found that under Garrison, it is 9 clearly established law that “absent probable cause and exigent circumstances, a 10 warrantless

Ejonga-Deogracias v. Sinclair

District Court, W.D. Washington · Feb 27, 2024

immunity. … Tsuchida’s R&R on this issue.  3 Under the doctrine of qualified immunity, defendants do not enjoy qualified immunity if 4

United States v. State of Washington

909 F. Supp. 787 · District Court, W.D. Washington · Dec 18, 1995

Lewis recognized that: "Those qualified to act as commissioners in a particular area are likely to have had prior association with those qualified as expert witnesses from that area." … The Shively presumption "holds that any pre statehood grant of property does not include tidelands unless the grant clearly indicated that tidelands were included." Washington, 873 F.Supp. at 1443.

Moody v. McCullough

District Court, W.D. Washington · Apr 12, 2021

The Defendants also assert that COO McCullough is entitled to 12 qualified immunity and immunity as a prosecutor and witness. Id. … “Law is ‘clearly established’ for the purposes of qualified 22 immunity if every reasonable official would have understood that what he is doing

Doscher v. Timberland Regional Library

District Court, W.D. Washington · Aug 30, 2022

QUALIFIED IMMUNITY 4 Defendants in a § 1983 action are entitled to qualified immunity from damages for civil 5 liability if their conduct does not violate clearly established … in the previous sections, Doscher does not meet the first prong of the 2 qualified immunity analysis.

Webb v. City of Vancouver

District Court, W.D. Washington · Nov 19, 2020

Qualified Immunity 10 Defendants in a § 1983 action enjoy qualified immunity from damages for civil 11 liability as long as their conduct does not violate clearly established … Moreover, Defendants assert 8 qualified immunity as to each claim and Webb has the burden to cite precedent that 9 clearly establishes a violation in the circumstances he alleges. Tarabochia, 766 F.3d at 10 1125.