Case law

Dellelo v. Washington State Employment Security Department

District Court, W.D. Washington · Dec 20, 2022

If a claim does not fall squarely within the strict terms of a waiver of 13 sovereign immunity, a district court is without subject matter jurisdiction. … Plaintiff should clearly 6 comply with Rule 8 in any amended complaint.

Chen v. D'Amico

District Court, W.D. Washington · Jan 22, 2020

Certification is warranted where “it is necessary to ascertain [Washington law] in order to dispose” of a proceeding and Washington law “has not been clearly determined.” … Miller’s housing arrangements could qualify as gross negligence.” 22 // 1 See id at 1071.

Tabb v. NaphCare

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

“at any time if the [C]ourt determines” that the action: (a) “is frivolous or malicious”; (b) 21 “fails to state a claim on which relief may be granted”’ or (c) “seeks monetary relief 22 against a defendant who is immune … Iqbal, 129 S.Ct. 1937,1949 (2009). 22 Plaintiff is advised that in order to state a claim under 42 U.S.C. § 1983, a 23 complaint must establish “the violation of a right secured by the Constitution and the

Aguda v. United States

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

Aguda’s complaint because it failed to establish 23 a basis for this Court’s subject matter jurisdiction, establish a waiver of the United States … ’ 24 1 sovereign immunity, or state a claim.

Nair v. Copeland

District Court, W.D. Washington · Mar 24, 2020

The lawsuit is barred by both qualified and prosecutorial immunity. 21 For Defendant Channa Copeland: … Failure to establish, as required for a § 1983 claim, that the Defendant is a governmental 8 actor or that his conduct constituted state action. 9

McVeigh v. Pierce County

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

mandatory screening and order the sua sponte dismissal of any case that is 5 “frivolous or malicious,” “fails to state a claim on which relief may be granted,” or “seeks 6 monetary relief against a defendant who is immune … Once a state-created property right is established, the Court must then 5 determine “whether [that] property right has been abridged improperly (taken without just 6 compensation) or whether a plaintiff has given up

Chinook Indian Nation v. Zinke

326 F. Supp. 3d 1128 · District Court, W.D. Washington · Jun 20, 2018

Federal acknowledgment is particularly significant because such recognition "affords important rights and protections to Indian tribes, including limited sovereign immunity, powers of self-government, the right to control … They state clearly what the law is." Id. Plaintiffs' effort to distinguish Shinnecock 's discussion of the List Act's Congressional findings is a strained and ultimately unpersuasive reading of that case.

Moussouris v. Microsoft Corp.

311 F. Supp. 3d 1223 · District Court, W.D. Washington · Apr 25, 2018

Farber's conclusions and to establish that no significant gender-based disparity exists in either pay or promotion. ( See id. at 21, 23-28.) Microsoft also relies on Ms. … Rule 702 requires that the expert be qualified and that the " '[e]xpert testimony ... be both relevant and reliable.' " Estate of Barabin v.

Johnson v. Western Union Corporation Larbo

District Court, W.D. Washington · Jan 13, 2020

These defendants would have to guess what acts 19 they are supposed to have committed and how those acts relate to, much less establish, 20 one or more of the claims listed in the complaint. 21 … Plaintiff is hereby ORDERED to file on or before February 13, 2020, an 10 amended complaint which clearly and concisely identifies the acts of which each named 11 defendant is accused and how those acts violated plaintiff

Orozco

District Court, W.D. Washington · Jun 29, 2026

Plaintiff Has Not Established His Entitlement to a TRO. 7 Plaintiff has not met the requirements for an ex parte TRO nor established that he is likely 8 to succeed on the merits of his claims. … See 8 U.S.C. § 1611(a) (“Notwithstanding any other provision of law …, an alien 14 who is not a qualified alien … is not eligible for any Federal public benefit[.]”); id. § 1641(c) 15 (defining a “qualified alien”).

Pacific Telephone & Telegraph Co. v. Whitcomb

12 F.2d 279 · District Court, W.D. Washington · Apr 22, 1926

In so doing he was clearly right. … The finding of the special master that this expenditure was judicious and proper is clearly right.

Equal Employment Opportunity Commission v. Telecare Mental Health Services of Washington Inc

District Court, W.D. Washington · Jun 12, 2023

EEOC Bears the Burden of Establishing Prima Facie Case 14 Title I of the ADA prohibits discrimination “against a qualified individual … A prohibition on after-acquired evidence as proposed by the 2 EEOC could have the incongruous effect of requiring employers to hire unqualified applicants, a 3 result Congress clearly did not intend, as evidence by the

Lambert v. Heurtas

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

argue their motion for summary judgment is based, 23 24 1 in part, on qualified … immunity, and therefore, they should not besubjected to the costs of 2 discovery in cases where they have not violated plaintiff’s clearly established rights.

Lara v. Lara

District Court, W.D. Washington · Jul 2, 2024

B), the Court must dismiss 21 plaintiffs’ complaints if their claims (1) are frivolous or malicious, (2) fail to state a claim upon 22 which relief may be granted, or (3) seek monetary relief from a defendant who is immune … For that reason, any 8 amended complaint must clearly identify the defendant(s), the claim(s) asserted, the specific facts 9 that Ms.

Vasudeva v. United States

3 F. Supp. 2d 1138 · District Court, W.D. Washington · May 27, 1998

Once a store qualifies for the civil fine in lieu of permanent disqualification, the amount of the fine is determined by 7 C.F.R. § 278.6 (j), the regulation at issue in this case. … Given the total absence of any evidence establishing carelessness by Southland’s store and given a finding by the agency that the store had an effective training and compliance program, the Southland store should have received

Jallow v. Wells Fargo & Co

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

3 qualified for credit; (4) their application for credit was rejected; and (4) they were denied credit 4 despite being qualified. … Further, he does not allege that he was qualified for that loan 3 and denied anyway. 4 C.

Amana Global Company v. King County

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

20 Plaintiffs fail to show participation in the harm alleged by the individually named defendants, 21 who in any case are entitled to qualified immunity. … “The employer/employee relationship is sufficient to 20 establish privity.” Ensley v. Pitcher, 152 Wn. App. 891, 902 (Wash. Ct.

Erwin v. OBI Seafoods LLC

District Court, W.D. Washington · Feb 12, 2024

LEGAL STANDARDS 2 Under Rule 702, “[a] witness who is qualified … Human resources experts—despite being in a “non-scientific” profession—are not 20 immune

Baggett v. Bullitt

215 F. Supp. 439 · District Court, W.D. Washington · Feb 9, 1963

We cannot agree that members of state institutions of higher learning are constitutionally immune from inquiry into matters within the legitimate legislative concern, in the public interest. 12 The next question is whether … New Hampshire, 21 to make statements about matters of private conscience which are not clearly included within the scope of legislative concern. Plaintiffs’ reliance on these cases is misplaced.

French

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

It also does not indicate whether any Defendants sought to hire a 7 white inmate over qualified inmates of other races. … In order to establish an 14 Eighth Amendment violation, a prisoner must satisfy a two-part test containing both an 15 objective and a subjective component.