Case law

Malone v. Quigley

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

a likelihood of success on 8 the merits because defendants “are entitled to qualified immunity.” … immunity 7 defense, the Court finds that the issues at this stage in the proceeding are sufficiently complex to 8 support the appointment of pro bono counsel for plaintiffs. 9 II.

Lewis v. Kluq

District Court, W.D. Washington · Jun 8, 2020

States Supreme Court has held that the in forma pauperis statute gives judges “the 3 unusual power to pierce the veil of the complaint’s factual allegations and dismiss those 4 claims whose factual contentions are clearly … Several of plaintiff’s 19 allegations also appear to qualify as frivolous.

King v. Rushford

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

immunity. … Washington has never evidenced an intent to waive immunity in this action. 1 III.

State of Washington v. Baugh Construction Co.

313 F. Supp. 598 · District Court, W.D. Washington · Nov 7, 1969

Intervening plaintiff trainees clearly have the requisite interest in the outcome of this litigation to qualify as such proper parties. 4. … The Defendant Unions shall proceed forthwith and with all possible speed to complete all aspects of the Outreach Program to qualify minority applicants who do not otherwise qualify for apprenticeship or dispatch.

Gibson v. Kroha

District Court, W.D. Washington · Aug 20, 2019

While the Ninth Circuit has remanded this case, additional dispositive motions will 20 likely be filed regarding qualified immunity. Further, Plaintiff has clearly articulated his claims 21 throughout this case.

Davis v. Inca Compania Naviera S.A.

440 F. Supp. 448 · District Court, W.D. Washington · Sep 28, 1977

Subsection (b) of Section 343 is qualified by Section 343A(1) which states: A possessor of land is not liable to his invitees for physical harm caused to them by any activity on the land whose danger is known or obvious to … Maritime Law and Commerce 1 (1976); Robertson, Jurisdiction, Shipowner Negligence and Stevedore Immunities Under the 1972 Amendments to the Longshoremen’s Act, 28 Mercer L.

Seattle Electric Co. v. City of Seattle

206 F. 955 · District Court, W.D. Washington · Aug 15, 1913

Waiving the question whether these damages have been proved by competent evidence, I am clearly of opinion that they are not recoverable, either at law or in equity. … And for acts done by them in their public or governmental capacity, and in discharge of the duties imposed upon them for the public good, they partake of the state’s immunity from suit and incur no liability to persons who

Iceberg v. King County Superior Court

District Court, W.D. Washington · Feb 4, 2021

accommodation. 18 19 Title II of the ADA, 42 U.S.C. §§ 12131-12165 (2012) prohibits public entities from 20 discriminating against qualified … not been established here, and in 26 any event the pleading does not demonstrate that the judges here violated these laws.

Ewing v. City of Sedro Woolley

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

If this argument represents an attempt 7 to establish that these Defendants were not acting in their judicial capacities—and 8 are thus not immune—the Court is not persuaded. See Conklin v. … For example, even “a conspiracy between judge and prosecutor to 6 predetermine the outcome of judicial proceedings, while clearly improper, does not 7 pierce the immunity extended to judges and prosecutors.”

Beck v. Metropolitan Property & Casualty Insurance Company

District Court, W.D. Washington · May 20, 2021

Plain meaning is established in 9 context of the statutory scheme, and if the statute remains ambiguous, the Court may 10 “turn to statutory construction, relevant case law, and legislative history to determine 11 … The insured failed to counter the insurer’s immunity argument, and the 6 court concluded that even if he had not, the investigation clearly reflected the authority’s 7 well-supported position, so the immunity statute

Harris v. City of Kent

District Court, W.D. Washington · Jul 9, 2021

and (2) the unlawfulness of 13 their conduct was ‘clearly established at the time.’” … A right is “clearly established” when existing precedent places the “statutory or 16 constitutional question beyond debate” such that every reasonable officer would 17 understand that the conduct violated that right.

Federal Election Commission v. Ted Haley Congressional Committee

654 F. Supp. 1120 · District Court, W.D. Washington · Feb 24, 1987

Haley has clearly indicated that he has no plans or intent to ever run for public office again. The defendants, as close friends and/or relatives of Mr. … set aside an agency’s action, findings, and conclusions found to be (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, (2) contrary to constitutional right, power, privilege, or immunity

Watson

District Court, W.D. Washington · Aug 26, 2026

a mandatory and sua sponte review and dismissal by the Court to the extent it is 14 frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary 15 relief from a defendant who is immune … To establish a violation of Title II, a plaintiff must show that “(1) she is a 20 qualified individual with a disability; (2) she was excluded from participation in or otherwise 21 discriminated against with regard to

Smith v. Pierce County

District Court, W.D. Washington · Feb 22, 2023

A municipality qualifies as a 7 “person” who may be held liable under § 1983. See Monell v. Dep’t of Soc. … He has not 2 identified a policy that is the moving force behind the constitutional violations alleged in the 3 complaint, and he has not alleged facts establishing that any such policy amounts to deliberate 4 indifference

Perfect Co. v. Adaptics Ltd.

374 F. Supp. 3d 1039 · District Court, W.D. Washington · Mar 19, 2019

Perfect goes on to assert that the Supreme Court has held that settling with one defendant does not immunize another and that such a settlement does not provide a double recovery. … If the nonmoving party fails to establish the existence of a genuine issue of material fact, "the moving party is entitled to judgment as a matter of law." Celotex , 477 U.S. at 323-24 , 106 S.Ct. 2548 .

Lough v. Washington State Department of Social and Health Services

District Court, W.D. Washington · Aug 17, 2021

immunity has been decided, and requesting attorney fees for the “the 16 time spent trying to confer with [Plaintiff] and the time spent drafting this motion.” … immunity.

Verdant Health Commission v. Burwell

127 F. Supp. 3d 1116 · District Court, W.D. Washington · Sep 1, 2015

It is now well-established the Medicaid numerator calculation should include the Medicaid eligible population, and the § 1115 population. … But subsequent opinions clearly curtailed the Ninth Circuit’s holding that all low income populations should be counted for reimbursement purposes. In 2008, the D.C.

Langfitt v. Pierce County

District Court, W.D. Washington · Mar 15, 2022

The Court also declined to address 19 Defendants’ Motion for a Protective Order, limiting discovery to the issue of Edwards’ 20 qualified immunity, pending the amended complaint. … Id. at 9–11. 13 Defendants also renew their motion for a protective order, asking the Court to 14 limit discovery in the case to the issue of qualified immunity until that threshold issue is 15 resolved.

Immigration Assistance Project of the Los Angeles County Federation of Labor v. Immigration & Naturalization Service

717 F. Supp. 1444 · District Court, W.D. Washington · Jun 3, 1989

Second, the court held as irrational the INS’s distinction between applicants with duration of status visa who qualified under the INS’s “passage of time” standard and those who qualified under the “known to the government … Finally, plaintiffs seek to define more clearly the burden of proof for this category of applicants. The court once again refuses to order the INS to adjudicate these applications within three months.

Protect The Peninsula's Future v. Haaland

District Court, W.D. Washington · Jul 17, 2024

On this record, the proposed oyster farm qualifies as a “new or 9 expanded use” of the refuge. The Service makes no argument to the contrary. … It argues that even if the complaint 4 were properly pled, the letter does not qualify as a final agency action because “no legal 5 consequences flow” from it.