Case law

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  • Aguda v. United States

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

    Aguda’s complaint because it failed to establish 21 a basis for this Court’s subject matter jurisdiction, establish a waiver of the United States … ’ 22 sovereign immunity, or state a claim.

    Cited 0 timesUnknown
  • Adams

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

    Immunity fails to attach only 17 when judicial officers act clearly and completely outside the scope of their 18 … immune from civil damages liability.”

    Cited 0 timesUnknown
  • Vickers v. Veterans Administration

    549 F. Supp. 85 · District Court, W.D. Washington · Aug 31, 1982

    Plaintiff is entitled to recover damages of and from David Radke only if plaintiff established by a preponderance of the evidence that David Radke, in his actions relative to plaintiff, violated a clearly-established statutory … From the evidence in this cause the Court is unable to find that David Radke did in fact at any time violate any clearly-established right of plaintiff.

    Cited 16 timesPublished
  • Perez v. Grey

    District Court, W.D. Washington · Mar 30, 2023

    Grey Is Not Entitled to Summary Judgment on Qualified Immunity 3 Defendants argue that in the event the Court disagrees with the R&R, they are nevertheless 4 entitled to qualified immunity on Mr. … Likewise, this 7 Court need not address qualified immunity with respect to claims for which Mr. Perez has failed 8 to establish a triable issue of fact. It therefore addresses qualified immunity only for Mr.

    Cited 0 timesUnknown
  • Leach

    District Court, W.D. Washington · Dec 2, 2025

    Plaintiff filed objections to the 3 recommendations that: (1) Officer Phan is entitled to qualified immunity on the § 1983 claims 4 under the Fourth and Fourteenth Amendments, (2) the public duty doctrine bars a negligence … Accordingly, the Court concurs that Officer 9 Phan is entitled to qualified immunity on Plaintiff’s Fourth Amendment excessive force claim. 10 Plaintiff’s Fourth Amendment claim is DISMISSED.

    Cited 0 timesUnknown
  • Immigration Assistance Project v. Immigration & Naturalization Service

    709 F. Supp. 998 · District Court, W.D. Washington · Mar 7, 1989

    INS regulations clearly create two classes of applicants. … The court’s ruling today only establishes legal standards which the INS must follow if it does not already do so.

    Cited 6 timesPublished
  • Taylor v. Washington Department of Corrections

    District Court, W.D. Washington · Jan 18, 2023

    immunity is equally unavailing. … Though the Plaintiff repeatedly contends that his 5 rights were “clearly established,” he fails to point to any law that supports his assertions.

    Cited 0 timesUnknown
  • United States v. Olsen

    272 F. 706 · District Court, W.D. Washington · Apr 26, 1921

    A decision on such minor questions, at least of a state court of naturalization, is, though clearly erroneous, conclusive even as against the United States if it entered an appearance under section 11. … The requirement is not that they shall testify that he is qualified in every way considered necessary in the opinion of the court, but qualified in every way in their, tire witnesses’ opinion.

    Cited 1 timesPublished
  • Patrice v. Murphy

    43 F. Supp. 2d 1156 · District Court, W.D. Washington · Mar 25, 1999

    In addition, there are other, already established avenues through which an arrestee’s rights are protected in the criminal justice system. … Plaintiff asserts that the only way to acceptably accommodate a deaf person is to obtain the services of a qualified interpreter.

    Abrogated — as noted by a later courtCited 22 timesPublished
  • Moshrif v. King County Prosecution Office

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

    No. 5 at 6, which may mean, depending on the specific charges, that it qualifies as a crime 24 involving moral turpitude, see Fernandez-Ruiz v. … Moshrif also has the burden to establish that his claim is not barred by the applicable 22 statutes of limitations. And finally, Mr.

    Cited 0 timesUnknown
  • Puget Sound Machinery Depot v. United States Shipping Board Emergency Fleet Corp.

    293 F. 768 · District Court, W.D. Washington · Nov 23, 1923

    quash the service of summons and dismiss, upon the ground that the defendant is not doing business in this state, and was not at the time of service of summons, and upon the further ground that the persons served were not qualified … While the exact point in controversy does not appear to have been decided, it is clearly implied from the decision of the Supreme Court of the United States, in Sloan Shipyards Corporation et al. v.

    Cited 3 timesPublished
  • Wise v. United States Department of Justice

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

    The Court may issue a TRO without notice to the adverse 22 party only if “specific facts in an affidavit or a verified complaint clearly show … But “[i]t is well settled that judges are generally immune from 3 suit for money damages.” Lund v. Cowan, 5 F.4th 964, 970 (9th Cir. 2021).

    Cited 0 timesUnknown
  • Gentry v. Sinclair

    576 F. Supp. 2d 1130 · District Court, W.D. Washington · Sep 15, 2008

    In this proceeding, Gentry has not shown how this decision is contrary to, or an unreasonable application of clearly established federal law. … of, clearly established federal law.

    Cited 8 timesPublished
  • Puget Sound Power & Light Co. v. City of Seattle

    271 F. 958 · District Court, W.D. Washington · Apr 23, 1921

    The effect of this is to hold that the law court which rendered the judgment was as well qualified to perform the necessary function as a court of equity; that the law court through its sheriff or marshal is as well qualified … Ed. 500 ), has no application, as shown by the following syllabus: “In this case, it not being clearly established that the wife assented to the agreement for the sale of her real estate of which a specific performance is

    Cited 6 timesPublished
  • Baqi v. Campbell

    District Court, W.D. Washington · Sep 23, 2021

    App’x. 708, 710 (9th Cir. 2007) (“inmates have no clearly 13 established right to a hearing prior to being released to community custody in lieu of 14 earned release time”); Dailey v. Washington, No. … Qualified Immunity 8 Defendants also contend that they are shielded from claims for damages by 9 qualified immunity. Dkt. 28 at 16–17.

    Cited 0 timesUnknown
  • Sundberg v. Shelton School District No 309

    District Court, W.D. Washington · Apr 29, 2024

    immunity arguments, qualified immunity is “an 22 affirmative defense that the government has the burden of pleading and proving.” … Because Defendant provided no response to 23 Plaintiff’s complaint, let alone a pleading of qualified immunity, the Court does not consider it

    Cited 0 timesUnknown
  • Sorio

    District Court, W.D. Washington · Sep 2, 2026

    However, Respondents assert that the 13 United States is immune from an award of attorney fees in an immigration habeas action. … The United States Is Not Immune from Attorney Fees 10 Respondents argue that the United States is immune from attorney fees in this action. 11 Dkt. No. 41 at 3–7.

    Cited 0 timesUnknown
  • Halstead

    District Court, W.D. Washington · Mar 18, 2026

    A court may issue an ex parte TRO “only if specific facts in an affidavit or a verified 11 complaint clearly show that immediate and irreparable injury, loss, or damage will result to the 12 movant before the adverse … The doctrine of judicial immunity applies to § 1983 actions such as 12 this one, “for the [§ 1983] legislative record gave no indication that Congress intended to abolish 13 this long-established principle.”

    Cited 0 timesUnknown
  • Rice v. City of Roy

    District Court, W.D. Washington · Jul 7, 2021

    QUALIFIED IMMUNITY – GENERALLY 10 Defendants in a Section 1983 action are entitled to qualified immunity from damages for 11 civil liability if their conduct does not violate clearly … the light most 16 favorable to the party asserting the injury; and (2) whether the right was clearly established when 17 viewed in the specific context of the case.

    Cited 0 timesUnknown
  • Brooks v. Skagit County Public Health

    District Court, W.D. Washington · Nov 15, 2023

    No. 5 at 1– 4 4; see id. at 4 (“Brooks 100% qualifies, however, [Defendants] denied [her] application. White 5 Americans were excluded . . . . … For that reason, 12 any amended complaint must clearly identify the defendant(s), the claim(s) asserted, the specific 13 facts that Ms. Brooks believes support each claim, and the specific relief requested.

    Cited 0 timesUnknown

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