Case law

Seattle School District No 1 v. Benshoof

District Court, W.D. Washington · Jul 19, 2024

liability under 42 U.S.C. § 1983, insofar as their conduct does not violate clearly 19 established statutory or constitutional rights of … official has violated was clearly established at the time of the violation.”

Fuhr v. City of Seattle

District Court, W.D. Washington · Aug 23, 2024

immunity. … The law established in George is not a basis for denying Zech qualified immunity in this 5 case.

Ellis v. Pierce County

District Court, W.D. Washington · Feb 9, 2024

8 Redding asserts that he is entitled to qualified immunity because it was not clearly 9 established that “using a leashed K-9 to search outside for a violent uncooperating 10 suspect evading police, or the spontaneous … Viewed in Ellis’s favor, this conduct amounts to a 9 violation of a clearly established right.

Benshoof v. Admon

District Court, W.D. Washington · Jun 28, 2024

“Qualified immunity 17 affords limited protection to public officials,” like police officers, “faced with liability 18 under 42 U.S.C. § 1983, insofar as their conduct does not violate clearly established 19 statutory … protected right; 7 and (2) whether the particular right that the official has violated was clearly 8 established at the time of the violation.”

French v. Pierce County

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

immunity. … “A court 2 considering a claim of qualified immunity must determine whether the plaintiff has alleged the 3 deprivation of an actual constitutional right and whether such right was clearly established such 4 that it

CASSETTE v. King County

625 F. Supp. 2d 1084 · District Court, W.D. Washington · May 2, 2008

the affidavit is insufficient to establish probable cause.” … Cassette has not met her burden of overcoming Defendants’ qualified immunity to support her claim for defamation.

Sterling v. Feek

District Court, W.D. Washington · Nov 3, 2022

9 does not violate clearly established statutory or constitutional rights of which a reasonable person 10 would have known.” … complaint itself, that 13 qualified immunity applies.

In Re PUGET SOUND SAVINGS & LOAN ASS’N

49 F.2d 922 · District Court, W.D. Washington · Apr 4, 1931

The statute fixes the relation and establishes the right of shareholders and prescribes the duties and limits the powers of the managing officers (Home Building & Loan Ass’n v. Barrett et al., 160 Mo. App. 164 , 141 S. … Query: May petitioners, if otherwise qualified, maintain their petition after institution by the Attorney General of the proceedings in the state court and placing the estate under liquidation ?

Chung Song Ja Corp. v. U.S. Citizenship & Immigration Services

96 F. Supp. 3d 1191 · District Court, W.D. Washington · Mar 11, 2015

Upon establishing that a position is a “specialty occupation,” the H-1B visa petitioner must also demonstrate that the alien worker is qualified to work in such a position. … To qualify to perform services as Health Services Manager for CSJ under the degree equivalency prong of the applicable regulation, CSJ must establish that Ms.

Brown v. Wakeman

District Court, W.D. Washington · Mar 25, 2020

Id. at 11. 6 Regarding Brown’s First Amendment claim, Judge Fricke concluded that 7 Defendants were entitled to qualified immunity even if summary judgment was not 8 warranted because it was not clearly … established.

Penwell v. Strange

District Court, W.D. Washington · Aug 11, 2022

Dkt. 47 at 11. 13 Fifth, Defendants argue that they are all are entitled to qualified immunity. … However, future discovery may show that 22 Defendants are entitled to qualified immunity.

Bell v. Olson

District Court, W.D. Washington · Jul 8, 2022

In response, Plaintiff argued probable cause is a genuine issue of material 6 fact and that Defendant Olson is not entitled to qualified immunity. (Dkt. … immunity, (Dkt.

Le v. Urquhart

District Court, W.D. Washington · Mar 22, 2021

Immunity: Deputy Molina asks the Court to decide, or 8 clarify that it has decided, the portion of his earlier motion for summary judgment in which he supposedly invoked qualified immunity as to the Fourteenth … The analysis explained that the questions of whether Deputy Molina used excessive force and whether he 14 violated a “clearly established

Intercity Hospital Ass'n v. Squire

56 F. Supp. 472 · District Court, W.D. Washington · Jul 26, 1944

This is not supported by the evidence, as it is clearly established that the rental charged during the period here involved and the price ultimately paid for the properties in question were not excessive nor an amount above … The facts clearly show that none of the net earnings inure to the benefit of any private individual. 1 find the plaintiff is entitled to recover herein.

Clark v. United States

660 F. Supp. 1164 · District Court, W.D. Washington · Apr 20, 1987

Among the reservations of sovereign immunity found in the FTCA is the discretionary function exception, 28 U.S.C. § 2680 (a), which provides that the waiver of sovereign immunity does not encompass claims based upon a federal … This is not a waiver of sovereign immunity; it is a limited waiver of sovereign immunity.

Corbis Corp. v. Amazon. Com, Inc.

351 F. Supp. 2d 1090 · District Court, W.D. Washington · Dec 21, 2004

Amazon has established a designated agent responsible for receiving claims of infringement of intellectual property rights. See id. at ¶ 24 . … Absent evidence of its own efforts to notify a service provider, a copyright owner could establish apparent knowledge if she could show that an online location at which her copyrighted material was available was clearly a

Tucson v. City of Seattle

District Court, W.D. Washington · Jun 23, 2023

Defendants provide no argument to support this assertion, suggesting instead 5 in a footnote that they may be entitled to qualified immunity. (Id. n.10.) … The Court therefore DENIES the Motion as 3 to this claim without rendering any decision on qualified immunity.

Rijal v. United States Citizenship & Immigration Services

772 F. Supp. 2d 1339 · District Court, W.D. Washington · Feb 22, 2011

Abilities in the “sciences, arts, education, business, or athletics” qualify. 8 U.S.C. § 1153 (b)(l)(A)(i). … The court can overlook errors only when they “clearly had no bearing on the procedure used or the substance of the decision reached.” Id. at 1119 (quoting Gifford Pinchot Task Force v.

Bryzzhev v. United States Customs and Border Protection

District Court, W.D. Washington · Mar 28, 2025

Individuals may not 6 qualify for NEXUS if they are inadmissible to the United States under immigration 7 laws, provide false or incomplete information, or fail to meet other program 8 requirements. Dkt. … CONCLUSION 4 In sum, the Court FINDS that Bryzzhev has failed to establish this Court’s 5 jurisdiction over his claims or Defendant.

Smithson v. Hammond

District Court, W.D. Washington · Oct 27, 2023

While “[t]he right to be free from excessive force [under the Fourth 5 Amendment] is a clearly established right,” Saucier v. … Accordingly, Smithson has met each prong of the qualified immunity inquiry, and the 17 Court will not grant summary judgment for his Fourth Amendment excessive force claim. 18 c.