Case law

Union Station Associates, LLC v. Puget Sound Energy, Inc.

238 F. Supp. 2d 1218 · District Court, W.D. Washington · Nov 8, 2002

Union then in its opposition clearly states that it is not relying on the innocent owner defense. Opposition at 17. … Indeed, Union entered a consent decree with the Department of Ecology in order to limit its liability and partially immunize itself from future suit.

Navarrete v. City of Kent

District Court, W.D. Washington · Oct 8, 2025

immunity if (1) the facts ‘[t]aken 2 in the light most favorable to the party asserting the injury’ show that ‘the [officers’] 3 conduct violated a constitutional right’ and (2) ‘the right was clearly established’ … See Chism, 661 F.3d at 393. 17 Nor does qualified immunity entitle him to summary judgment on 18 Navarrete’s Due Process claim.

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.

Williams v. Sinclair

District Court, W.D. Washington · Jun 17, 2020

immunity. … Id. at 5–14. 21 Defendants failed to address Williams’s state constitutional claim or the rule that 22 qualified immunity does not apply to requests for injunctive relief.

Hodge

District Court, W.D. Washington · May 5, 2026

City of Orange, 485 F.3d 463 (9th Cir. 2007) 9 (officers had probable cause to arrest a plaintiff for trespassing at a mall after being 10 banned by the owner, granting them qualified immunity); Brown v. … immunity as a matter of law.

Mills v. Monlux

District Court, W.D. Washington · Jul 16, 2025

QUALIFIED IMMUNITY: Defendant contends that Plaintiff’s claims are precluded by the doctrine of qualified immunity, and 2 there was no violation of a clearly established constitutional right … Mills has made no showing that any of Ms. 10 Monlux’s affirmative defenses “cannot succeed under any circumstances” as required to 11 establish legal insufficiency.

Corrigan v. Mason County

District Court, W.D. Washington · Aug 25, 2025

Pachtman, 424 U.S. 409, 420 (1976) (rejecting 14 the idea a prosecutor is entitled to only qualified immunity). … Plaintiff misstates the law when he asserts Mullen is protected only by 22 qualified immunity.

In re Phenylpropanolamine (PPA) Products Liability Litigation

214 F.R.D. 614 · District Court, W.D. Washington · Feb 7, 2003

, after liability to the class is established.’ ”) (quoting earlier opinion at 184 F.R.D. 311, 340 (C.D.Cal.1998)). … Even individuals in possession of receipts would not be immune from extensive inquiry.

Hefa v. Hanratty

District Court, W.D. Washington · Mar 10, 2022

No. 4 at 4, 7–14.) 2 Defendants moved for summary judgment, arguing that they are entitled to qualified 3 immunity as to Plaintiff’s federal law claims and that Plaintiff waived any state law … established as needed to defeat a qualified 9 immunity defense; and (3) any potential § 1985 conspiracy claim would fail in the absence of a 10 viable § 1983 claim.

Frank's Landing Indian Community v. National Indian Gaming Commission

242 F. Supp. 3d 1156 · District Court, W.D. Washington · Mar 15, 2017

The IGRA established the NIGC within the. … Accordingly, under Chevron , the Court must first determine whether Congress has clearly established that the Community qualifies under the IGRA’s definition of “Indian tribe.” See Ramirez-Zavala v.

Alpine Ridge Group v. Kemp

764 F. Supp. 1393 · District Court, W.D. Washington · Apr 16, 1991

In sum, the contract clearly elects the formula method, one of two statutorily authorized methods for calculating rent adjustments. … Enforcement Prohibited by Sovereign Immunity HUD contends that sovereign immunity, absent a waiver, prohibits an award of money damages through specific enforcement of contract rights.

United States v. Washington

20 F. Supp. 3d 899 · District Court, W.D. Washington · Dec 31, 2012

The language of the Settlement Agreement clearly and unequivocally states that in order for tidelands to qualify as “covered tidelands” and be considered “staked and cultivated” under ¶ 2(B)(ii) of the Agreement, documentation … Ada Deer, the decision maker, arbitrarily and in violation of clearly established law rejected those proposed *928 findings and inserted new findings drafted by Mr. Keep.

Contreraz v. City of Tacoma

District Court, W.D. Washington · Mar 15, 2024

plaintiff establishes that: (1) the official violated a constitutional right; and (2) that 8 right was ‘clearly established’ at the time … immunity test, there was clearly established precedent that would have made it 14 clear enough to reasonable police officers that the acts

Bair v. Snohomish County

District Court, W.D. Washington · Feb 2, 2021

immunity protects government officials from liability 12 for civil damages insofar as their conduct does not violate clearly established statutory or 13 … clearly established right of pre-trial detainees to sufficient medical care.

Midmountain Contractors Inc. v. American Safety Indemnity Co.

893 F. Supp. 2d 1096 · District Court, W.D. Washington · Sep 5, 2012

Indeed, even if MidMountain had a duty to ensure that Mattila included King County as an additional insured, such an allegation does not clearly and unambiguously establish that Mattila entered into a legally enforceable … The Cross-Claim Exclusion, however, clearly and unambiguously includes Additional Insureds who qualify as such based on a legally enforceable contract and are therefore included in the amended definition of “insureds” provided

Baker

District Court, W.D. Washington · Jul 30, 2026

The party asserting jurisdiction has the burden of establishing it. 6 See United States v. … Supp. 2d 496, 502–03 (D.P.R. 18 2008) (plaintiff referred to himself as “handicapped, mentally ill,” but “failed to establish that he 19 qualifies as ‘disabled’ within the meaning of the ADA because he has not identified

Wheeler v. Broggi

District Court, W.D. Washington · May 4, 2020

Qualified Immunity 14 In their motion to dismiss, Defendants argued that Defendants Broggi and Olmstead were 15 entitled to qualified immunity under § 1983 as to Plaintiff … Delaware, 438 U.S. 154 (1978), 3 sets forth the standard for a qualified immunity defense to a civil rights claim of “judicial 4 deception.”

Grae-El v. City of Seattle

District Court, W.D. Washington · Apr 21, 2022

15 employees cannot reach the separate actions of their employer,’ and so ‘[a]n agent’s 16 immunity from civil liability generally does not establish a defense for the principal.’” 17 (3/1/22 Order at 18 (quoting … See Yuille, 45 P.3d 15 at 1110; Miles, 6 P.3d at 117-18; Grennan, 2001 WL 76959, at *2. 16 The courts considered “[t]he purpose behind the immunity” established by RCW 17 26.44.060, which they found was

Luyster v. Bishop

District Court, W.D. Washington · Aug 23, 2019

In the alternative, 13 defendants request that the Court stay discovery until defendants’ motion to dismiss is decided 14 and the issue of qualified immunity is resolved. … In the present case, defendants have 21 asserted qualified immunity as a defense to plaintiff’s action and have filed a motion to dismiss. 22 (Dkt. 12, 17.)

Rogers v. King County

District Court, W.D. Washington · May 7, 2025

Because it is clearly established that poor ventilation can create a 20 constitutional violation, Verhelst and Skinner were not entitled to qualified immunity, either. 21 (Id. at 11–12.) … immunity 15 because the high-heat cases do not apply, and because nothing clearly establishes that their 16 respective omissions constitute indifference.