Case law

State v. Valladares

31 Wash. App. 63 · Court of Appeals of Washington · Jan 15, 1982

Additionally, Campbell was not offered immunity from prosecution. … We note, further, that even where an informal understanding exists that immunity will be granted, such "immunity" is often contingent on supplying truthful information to the authorities.

Tinner v. San Juan County

District Court, W.D. Washington · Jul 21, 2020

The early test for determining qualified immunity 11 involved a two-part inquiry: first, whether a showing of a constitutional rights violation had been 12 made; and, second, “whether that right is clearly established … The Ninth Circuit has echoed this formulation of the qualified immunity 2 analysis. Mattos v.

Howe v. Douglas County

7 P.3d 883 · Court of Appeals of Washington · Sep 12, 2000

RCW 58.17.165 permits a municipality to require a waiver of damages "occasioned to the adjacent land by the established construction, drainage and maintenance of said road. " (Emphasis added.) … Unlike the waiver obligation in Employco, it is not a blanket statute immunizing Douglas County of any liability. The Howes next argue that the waiver runs contrary to the abolition of governmental immunity.

Howe v. Douglas County

102 Wash. App. 559 · Court of Appeals of Washington · Sep 12, 2000

RCW 58.17.165 permits a municipality to require a waiver of damages “occasioned to the adjacent land by the established construction, drainage and maintenance of said road.” (Emphasis added.) … Unlike the waiver obligation in Employco, it is not a blanket statute immunizing Douglas County of any liability. The Howes next argue that the waiver runs contrary to the abolition of governmental immunity.

Noble v. Douglas

274 F. 672 · District Court, W.D. Washington · Apr 15, 1921

There is no requirement even that the. board shall find the applicant competent and qualified in all or any subjects related to his profession, and, for that matter, no requirement that they shall find, him qualified as to … Such cases do not deal with constitutional rights so clearly ascertainable as those drawn in question in this case.” 193 Pac. at page 819 . (The italics are those of this court.)

Nilsen v. University of Washington

District Court, W.D. Washington · Nov 8, 2024

Carvalho, 104 F.4th 715 (9th Cir. 16 2024)—was decided after the actions at issue in this case and it does not evidence clearly- 17 established law that the Policy violated clearly-established law. … Having failed to identify any clearly-established law, Plaintiffs 22 have failed to meet their burden.

Babcock v. Mason County Fire District No. 6

144 Wash. 2d 774 · Washington Supreme Court · Sep 13, 2001

Reliance should be an element of proof to establish loss of profits or monetary damages. … Because of the discretionary and policy making functions of government, I would retain our absolute and qualified immunity jurisprudence.

State Ex Rel. Cruikshank v. Baker

2 Wash. 2d 145 · Washington Supreme Court · Jan 3, 1940

The findings of fact, in so far as material to the questions raised, recite as follows: That, on June 26, 1939, relators, being the duly elected, qualified, and acting county commissioners of Thurston county, regularly adopted … We are clearly of the opinion that the act in *152 question in no way contravenes either the letter or spirit of Art. I, § 12, of the state constitution. It is next contended that the act violates Art.

State v. S.H.

75 Wash. App. 1 · Court of Appeals of Washington · Jul 18, 1994

There were no medical reports to establish that K. had been injured or to what extent. … App. at 665 . 4 IV S.H. contends that the 260-week disposition is clearly excessive. We disagree. RCW 13.40.230(2)(b) requires a *13 determination that a disposition is neither clearly excessive nor clearly too lenient.

Goon v. Coleman

District Court, W.D. Washington · Jan 21, 2020

Qualified Immunity Standard 12 “Qualified immunity attaches when an official’s conduct does not violate clearly 13 established statutory or constitutional rights of which a reasonable … established prong of the qualified immunity 17 analysis.

Mw v. Dshs

70 P.3d 954 · Washington Supreme Court · Jun 12, 2003

In analyzing whether the caseworker had qualified immunity, the Lesley court reasoned she did not because she failed to follow established procedures when evaluating the Mongolian spots. Lesley, 83 Wash. … This reading of Lesley confuses the analysis for qualified immunity with the scope of the duty.

Lumumba

District Court, W.D. Washington · Apr 13, 2026

immunity protects “government officials . . . from liability for 2 civil damages insofar as their conduct does not violate clearly established statutory or 3 constitutional rights of which a reasonable person would … With the state of the law “clearly established” at the time of 18 Ms.

Star Iron & Steel Co. v. Pierce County

5 Wash. App. 515 · Court of Appeals of Washington · Aug 11, 1971

First, there is the scope of governmental tax immunity and the problem of when such immunity attaches. The next problem is what type of property interests are taxable under the Washington statute. … He has, as to himself, established the exempt status of the *529 personal property. See RCW 84.36.005.

Dot Foods, Inc. v. DEPARTMENT OF REVENUE, STATE

173 P.3d 309 · Court of Appeals of Washington · Nov 27, 2007

Therefore, Dot Foods does not qualify for the exemption, and we affirm. II. … Clearly, the statute is written ambiguously. As stated above, we resolve ambiguities in favor of taxation and against exemption.

Zayas v. City of Seattle

District Court, W.D. Washington · Oct 24, 2024

(See generally id.) 21 Lastly, under the qualified immunity doctrine, government officials7 are barred from civil 22 liability when their conduct does not violate clearly established … established” constitutional right. 2 Therefore, at least as pleaded, qualified immunity would bar Plaintiff’s claims. 3 Based on the foregoing, the Court DECLINES to serve Plaintiff’s complaint.

Taskett v. King Broadcasting Co.

86 Wash. 2d 439 · Washington Supreme Court · Feb 11, 1976

Moreover, the only defenses available were “truth, consent, absolute privilege, qualified or conditional privilege, and fair comment . . .” Jolly v. Fossum, 63 Wn.2d 537, 541 , 388 P.2d 139 (1964). … Amendment will not tolerate a strict liability criteria, neither will this State’s strong policy, providing a means of compensation to private citizens for injuries to their reputations, tolerate the giving of a near-absolute immunity

Gaspar v. Peshastin Hi-Up Growers

128 P.3d 627 · Court of Appeals of Washington · Feb 14, 2006

Gaspar had failed to establish a clearly mandated public policy for helping law enforcement. As a result, he failed to support a claim of wrongful termination in violation of such a public policy. Mr. … Gaspar established the clarity element of his claim for wrongful termination in violation of public policy: the existence of a clearly mandated public policy for assisting a police investigation.

State v. SH

75 Wash. App. 1 · Court of Appeals of Washington · Jul 18, 1994

There were no medical reports to establish that K. had been injured or to what extent. … RCW 13.40.230(2)(b) requires a *13 determination that a disposition is neither clearly excessive nor clearly too lenient. E.J.H., 65 Wn. App. at 775.

State v. Bartels

112 Wash. 2d 882 · Washington Supreme Court · Jun 29, 1989

The implied consent statute clearly mandated the inclusion of the language omitted from the warning in Holmberg . The statute does not expressly mandate inclusion or omission of the words "at *890 your own expense." … We remand each cause to permit the State to establish whether a defendant had the financial ability at the time of arrest to obtain an additional test.

CONFED. TRIBES AND BANDS OF YAKAMA INDIAN v. Lowry

968 F. Supp. 531 · District Court, E.D. Washington · Feb 18, 1997

Congress clearly intended to abrogate the sovereign immunity of the States pursuant to 25 U.S.C. § 2710 (d)(7)(A)(i). Id. at ___, 116 S.Ct. at 1124 . … The Washington State Lottery is clearly not Class I gaming activity under IGRA's definition.