Case law

Feds for Medical Freedom v. Austin

District Court, W.D. Washington · Jun 10, 2024

P. 12(b)(6) because the Individual Defendants are 4 entitled to qualified immunity. 5 The Plaintiffs do not dispute that qualified immunity is available as a defense from … For purposes of qualified 19 immunity, “[a] right is clearly established when it is sufficiently clear that every reasonable 20 official would have understood that what he is doing violates that right.”

Stanley v. King County

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

In response, Detective Christiansen points to 8 qualified immunity. (See Dkt. … No. 17 at 12–15.) 9 “The doctrine of qualified immunity protects government officials ‘from liability for civil 10 damages insofar as their conduct does not violate clearly established statutory

State v. Sutherland

24 Wash. App. 719 · Court of Appeals of Washington · Nov 30, 1979

In exchange for immunity, he gave an extensive statement to the police, implicating the defendant. … In Cohen it was held that the prosecutor's failure to disclose the fact of immunity was not prejudicial error.

Washington State Grange v. Locke

105 P.3d 9 · Washington Supreme Court · Jan 20, 2005

The plain language of article III, section 12 clearly allows the governor to veto entire sections of nonappropriation bills. … An Act Relating to a Qualifying Primary: Following established precedent to this case, we must first look to the common and ordinary meaning of "AN ACT Relating to a qualifying primary" by referring to a dictionary definition

State v. Morgan

192 Wash. 425 · Washington Supreme Court · Nov 30, 1937

The rule of practice in King county requiring the trial judge to examine the jury touching their qualifications to act as fair and impartial jurors, while probably good practice, is an innovation upon long established rules … Certainly, the generally established custom in criminal cases has been that the attorney for the state advises the jury concerning the issues in the case, the names of the parties and the witnesses, and other matters of a

Adamson v. Pierce County

District Court, W.D. Washington · May 28, 2024

Plaintiffs have not shown Defendants violated clearly established law. 23 Finally, although the Court need not reach the “clearly established” prong of qualified 24 immunity, the Ninth Circuit has also noted that … established to preclude qualified 3 immunity.”’”

Wenzler & Ward Plumbing & Heating Co. v. Sellen

53 Wash. 2d 96 · Washington Supreme Court · Oct 30, 1958

The fact of damage was established beyond cavil, but the dollar amount thereof was not proved with mathematical precision. Therefore, the trial court decided the respondent should be immunized from all liability. … Therefore, when it is clearly apparent that the plaintiff has sustained actual damage from the defendant’s wrong, a liberal rule is applied with respect to determining the amount of that damage.

Experience Hendrix, L.L.C v. HendrixLicensing.com, Ltd.

766 F. Supp. 2d 1122 · District Court, W.D. Washington · Feb 8, 2011

The parties do not appear to dispute that Jimi Hendrix would qualify as a “deceased personality” under the WPRA. … The MLBPA asserted Noerr-Pennington immunity.

Schuss v. City of Chehalis

82 Wash. 595 · Washington Supreme Court · Dec 15, 1914

These facts do not clearly appear in the opinion. We have examined the record and make this statement because the case seems not to have been clearly understood by the bar. … There being no evidence of an encroachment upon the respondents’ property or of negligence in the prosecution of the work, the city is immune from liability.

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.

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.

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.

Rho Company v. Department of Revenue

113 Wash. 2d 561 · Washington Supreme Court · Oct 31, 1989

. *579 Rho's records simply were not kept in the manner required by the rule to establish agency status. … Whether it actually does owe such duties to its engineers need not be conclusively established here.

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.

State Ex Rel. Foster v. Washington State Bar Ass'n

23 Wash. 2d 800 · Washington Supreme Court · Oct 5, 1945

portion of which reads as follows: “No person shall be permitted to practice as an attorney or counselor at law or to do work of a legal nature for compensation, or to represent himself as an attorney or counselor at law or qualified … An attorney who has been legally called upon to give testimony or produce evidence tending to establish that he received a bribe is not immune from disbarment therefor, under a constitutional guaranty of immunity from prosecution

Rachauskas

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

immunity 12 from Plaintiff’s claims. … established constitutional right and, accordingly, 16 she is not entitled to qualified immunity.”

City of Spokane v. Karlsten

137 Wash. 414 · Washington Supreme Court · Jan 21, 1926

Those are cases wherein, because of a license or a business, calling or profession, the defendant was by the terms of the law immune or excepted from the operation of the law. … This distinction and necessity for observing it are clearly illustrated in the present case, where the prosecution argues that, because alcohol is an intoxicating liquor, proof of the possession of it establishes a violation

Osborn v. Mason County

95 P.3d 1257 · Court of Appeals of Washington · Aug 10, 2004

The plain language of former RCW 4.24.550(6), applicable here, does not grant the County immunity from suit. Where the Legislature intended to grant immunity it is expressed. … The statute clearly indicates that the County may be liable as "otherwise ... provided by law." Former RCW 4.24.550(6).

In Re One 1970 Chevrolet Chevelle

215 P.3d 166 · Washington Supreme Court · Sep 3, 2009

To qualify as an innocent owner, the claimant must establish that the "act or omission" leading to forfeiture was "committed or omitted without the owner's knowledge or consent." … This is not the standard established by the legislature. ¶ 52 The majority's holding significantly alters the statute by allowing any one who did not participate in the crime to automatically qualify as an innocent owner

United States v. Hoffman

154 Wash. 2d 730 · Washington Supreme Court · Jul 28, 2005

summary judgment that the CPA’s provisions violate the United States Constitution’s supremacy clause (article VI, clause 2) and commerce clause (article I, section 8, clause 3) and extend beyond any waiver of sovereign immunity … ¶6 Clearly, we cannot provide a complete answer to this general statement of the question. Creating a comprehensive list of every material encompassed within the CPA definition of “mixed waste” would be impossible.