Case law

Wilson v. Poor

District Court, W.D. Washington · Jan 3, 2023

immunity. … Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). 4 Neither party objects to Judge Fricke’s conclusions on qualified immunity, and the 5 Court agrees with her recommendation on that issue.

Osborne Constr. Co. v. Zurich Am. Ins. Co.

356 F. Supp. 3d 1085 · District Court, W.D. Washington · Dec 20, 2018

Even viewing the facts in the light most favorable to Zurich-and therefore crediting its assertion that it did not receive the contract with the September 2017 letter-the record clearly establishes that Zurich was in receipt … The SIR endorsement also clearly states that "payments by others, including ... additional insureds ... do not serve to satisfy" Alside's SIR. ( Id. at 18.)

Chang v. Vanderwielen

District Court, W.D. Washington · Oct 12, 2022

immunity. … Qualified immunity: 12 Gurevich also asserts her entitlement to qualified immunity in relation to all of Plaintiff’s 13 claims.

O'HALLORAN v. University of Washington

679 F. Supp. 997 · District Court, W.D. Washington · Feb 25, 1988

Moreover, she would only be screened if she were to qualify for post-season competition. … a person of rights, privileges, or immunities secured by the Constitution or laws of the United States.

State Farm Fire & Casualty Co. v. El-Moslimany

178 F. Supp. 3d 1048 · District Court, W.D. Washington · Apr 15, 2016

fraud’”, that her Ph.D. research and dissertation were the work of someone else, that she did not teach, do any research, or work while serving as a scholar at Harvard University, holds herself out as younger than she is to qualify … Defendants also point to Sindi’s responses to interrogatories as asserting defendants’ conduct caused her to suffer a compromised immune system, stomach pain, a weakened/depleted heart, and other physical symptoms.

Brown

District Court, W.D. Washington · May 20, 2026

“Judgment on the 6 pleadings is proper when the moving party clearly establishes on the face of the pleadings that no 7 … Judicial immunity 17 “It has long been established that judges are absolutely immune from liability for acts 18 ‘done by them in the exercise of their judicial

Calhoun v. Liberty Northwest Ins. Corp.

789 F. Supp. 1540 · District Court, W.D. Washington · Jan 6, 1992

Such unsupported claims are insufficient to establish specific facts on a motion for summary judgment. … As the record clearly reflects, plaintiff’s counsel has been unresponsive to both defendants and to this court on discovery issues.

McPhee v. Great Northern Ry. Co.

277 F. 502 · District Court, W.D. Washington · Jul 19, 1921

Plaintiffs seek to establish title to the W. i/2 of the N. W. % and N. W. % of the S. … The intent is clearly established that the purpose was not to procure land for another, but rather to procure the particular land for themselves, and an exchange of improvements and right of occupancy to the particular subdivisions

Orn v. City of Tacoma

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

Qualified Immunity. The defendants allege that Officer Clark is entitled to 13 qualified immunity where he acted reasonably under the totality of the circumstances. 14 5. … The denial of qualified M immunity has been affirmed by the Ninth Circuit.

Sorenson v. Secretary of the Treasury of the United States

557 F. Supp. 729 · District Court, W.D. Washington · Dec 28, 1982

See 5 U.S.C. § 702 (sovereign immunity is not waived if another statute expressly forbids the relief sought). … If Congress wanted these limitations to be applicable to the “transfer” collection method, they would have more clearly demonstrated their intent. See 26 U.S.C. § 6305 .

Spencer v. World Vision, Inc.

570 F. Supp. 2d 1279 · District Court, W.D. Washington · May 21, 2008

In June 1978, World Vision International was established. Regnier Decl. Ex. A at 29. … This type of partnership establishes affiliation with a religious entity. See LeBoon, 503 F.3d at 229 .

Johnston v. Williams

District Court, W.D. Washington · Aug 15, 2025

Determining frivolousness is a matter of discretion, and a finding of legal 4 frivolousness is appropriate where a complaint asserts claims against individuals who are clearly 5 immune from suit and/or alleges the violation … Neither a state nor its 18 agencies qualify as “persons” that can be sued under § 1983. See Will v. Mich. Dep’t of State 19 Police, 491 U.S. 58, 71 (1989).

Adams

District Court, W.D. Washington · Nov 19, 2025

No. 1 at 33, but his arguments do not establish a lack of 7 opportunity to raise constitutional challenges in state court. See generally Dkt. 8 No.7. . … “To state a prima facie case for a 17 violation of Title II, a plaintiff must show: (1) he is a qualified individual with a 18 disability; (2) he was either excluded from participation in or denied the benefits of

Matejka v. Blue Origin Enterprises LP

District Court, W.D. Washington · Jun 9, 2025

In analyzing qualified immunity, federal courts employ a two-prong analysis: whether the 5 facts show the state actor’s “conduct violated a constitutional right” and “whether the right was 6 clearly established” at the … Plaintiff can show neither prong. 10 To determine the second prong of the qualified immunity test, whether a right is clearly 11 established, “the reviewing court must consider whether a reasonable

Time Oil Co. v. Cigna Property & Casualty Insurance

743 F. Supp. 1400 · District Court, W.D. Washington · May 23, 1990

The language used in Central National’s endorsement clearly and unequivocally reflects an intent to exclude cleanup of any and all water. … As a preliminary matter, the Count I defendants argue that Time Oil cannot establish any duty in this case.

Ballou v. McElvain

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

immunity. … McElvain’s Motion for Summary Judgment on Ballou’s Fourteenth and First Amendment 1 claims, and for qualified immunity, is DENIED.

Goldstine v. FedEx Freight, Inc.

District Court, W.D. Washington · Oct 24, 2019

Under the 9 regulations (Federal Motor Carrier Safety Act; “FMCSA”) which govern the industry, drivers 10 must be medically qualified to drive, which they establish by periodic physical examination. 11 Interestingly … Plaintiff clearly believes that he informed the examining physician about his physical 8 limitations; Defendant just as clearly believes that (prior to a later physical in June) Plaintiff had 9 not advised the examiner

Jones v. State of Washington Department of Employment Security

District Court, W.D. Washington · Feb 12, 2025

proper vehicle for invoking sovereign immunity from suit.” … Cal. 2009). 10 Here, Plaintiff’s complaint fails to identify facts establishing that his exercise of FMLA 11 leave constituted a negative factor in an adverse employment decision.

Robinson v. Pierce County Superior Court

District Court, W.D. Washington · Sep 3, 2024

Presiding over a hearing in a criminal case is a judicial act which clearly falls 3 within the scope of a judicial officer’s duties, and Court Commissioner McInvaille is immune 4 from this lawsuit. … In addition, it is well established that, 11 under the Eleventh Amendment, a nonconsenting state is immune from suits brought in federal 12 courts by its own citizens. See Edelman v.

J.S. v. Kent School District

District Court, W.D. Washington · Sep 5, 2024

The 4 party asserting jurisdiction has the burden of establishing it. See United States v. … This assertion does not 11 establish that he is a qualified individual with a disability; that the services he was allegedly denied 12 were reasonable accommodations that he needed in order to enjoy meaningful access