Case law

Stenger v. State

16 P.3d 655 · Court of Appeals of Washington · Jan 19, 2001

But Babcock only discussed the State's immunity from liability in such cases, ultimately finding that caseworkers are not absolutely immune from such suits, reversing the trial court's grant of summary judgment on that basis … Thus, Babcock is not relevant to the question of the State's duty in this case although it does stand for the proposition that caseworkers have qualified immunity for foster care placement decisions and the State has no immunity

Azita Shirkhanloo, App. v. Laurie Olsen & Edward Schau, Resp.

Court of Appeals of Washington · Jul 14, 2014

only to qualified immunity in that role.25 In Buckley, the Court applied qualified, not absolute immunity to the prosecutor after he allegedly fabricated evidence and made inflammatory remarks during a press … NO. 70336-6-1/10 although Shirkhanloo claims that Gaines and Schau "lost qualified immunity," she fails to establish that qualified immunity applies here.

Arctic Sole Seafoods v. Gutierrez

622 F. Supp. 2d 1050 · District Court, W.D. Washington · May 19, 2008

The preamble to the proposed rule clearly describes the criteria that Congress established for allowing a person to fish in the Amendment 80 sector under the CRP ( 72 FR 30057 ). … The criteria to participate in the Amendment 80 sector are clearly established in the CRP.

1519-1525 Lakeview Boulevard Condominium Ass'n v. Apartment Sales Corp.

101 Wash. App. 923 · Court of Appeals of Washington · Aug 14, 2000

Lakeview thus establishes no basis for any approach other than the straightforward application of the statute employed by the trial court. … courts have since reached the same result. 46 (There are thoughtful discussions in several cases, considering various arguments on both sides of this issue.) 47 Lakeview contends the reasoning of those later cases was not clearly

Anderson, Clayton & Co. v. Washington State Department of Agriculture

402 F. Supp. 1253 · District Court, W.D. Washington · Oct 29, 1975

Ariz.1973). 2 *1256 For the reasons hereinafter delineated, we conclude and hold that ROW 15.40.030, together with its provisions for sanctions, is per se violative of the Plaintiffs’ First Amendment fundamental immunities … S., at p. 2231 of 95 S.Ct., say of the Chrestensen rationale of non-First Amendment protection “to paid commercial advertisements” that: “Our cases, however, clearly establish that speech is not stripped of First Amendment

Connick v. City of Chehalis

53 Wash. 2d 288 · Washington Supreme Court · Dec 18, 1958

. *290 Appellant contends that, giving this clause its proper grammatical construction, the legislature granted fluctuating pensions to qualified pensioners. … established fixed retirement benefits.

Ward v. Child Protection Services

District Court, E.D. Washington · Mar 6, 2020

Defendant Truscott argues she is entitled to 13 qualified immunity on these claims. … ECF No. 74 at 7. 14 “The doctrine of qualified immunity protects government officials ‘from 15 liability for civil damages insofar as their conduct does not violate clearly 16 established

Sims v. City of Lakewood

District Court, W.D. Washington · Jun 20, 2023

Qualified immunity 2 Officer Syler contends he is entitled to qualified immunity. … to the question of Officer 6 Syler’s qualified immunity. 7 C

Larry Spohn, V. Department Of Labor And Industries

Court of Appeals of Washington · Dec 7, 2021

failed to establish a qualifying medical condition. … But Spohn provides no direct authority for this assertion and it is clearly contradicted by Gorre v.

State v. Haguewood

56 Wash. App. 37 · Court of Appeals of Washington · Nov 14, 1989

That statute expressly provides that the mayor under the council-manager plan "shall continue to have all the rights, privileges, and immunities of a member of the council." … Therefore, the unlimited voting rights of a mayor under the council-manager plan, established in RCW 35A.13.030, are not superseded.

Berg v. Bethel School District

District Court, W.D. Washington · Dec 3, 2020

“Government 4 officials performing discretionary functions enjoy qualified immunity from civil damages 5 so long as their conduct does not violate ‘clearly established statutory or constitutional 6 rights of which a … Similarly, though nonbinding precedent, 11 the Northern District of California held that the law was clearly established under Title 12 IX to preclude qualified immunity for a school principal who knew or should have

Pacific Land Partners, LLC v. Department of Ecology

150 Wash. App. 740 · Court of Appeals of Washington · Jun 9, 2009

“Person,” as used in the statute, includes “the United States of America when claiming water rights established under the laws of the state of Washington.” RCW 90.14.031(1). … The directive from the legislature is that his right must be forfeited unless he qualifies for one of the narrowly defined exceptions. Id. Mr.

Rolovich v. Washington State University

District Court, E.D. Washington · May 30, 2023

Qualified Immunity 7 Qualified immunity shields government actors from civil damages unless 8 their conduct violates “clearly established statutory or constitutional rights … right; and (2) whether the right was clearly 17 established at the time of the alleged violation such that a reasonable person in the 18 defendant’s position would have understood that his actions violated that right

Pacific Land Partners, LLC v. Dept. of Ecology

208 P.3d 586 · Court of Appeals of Washington · Jun 9, 2009

Federal immunity and preemption. After the Board entered the 2005 order, Mr. Bernsen raised new federal issues on appeal to the Walla Walla Superior Court. … The directive from the legislature is that his right must be forfeited unless he qualifies for one of the narrowly defined exceptions. Id. Mr.

Brutsche v. City of Kent

78 Wash. App. 370 · Court of Appeals of Washington · Jun 26, 1995

The limitation period applicable to section 1983 actions is clearly three years. Robinson, 119 Wn.2d at 85-86 . … The City identifies only one analogous limitation period: the 30-day period during which its qualified electors may challenge an ordinance through the referendum process.

HO-CHUAN CHEN v. Dougherty

625 F. Supp. 2d 1091 · District Court, W.D. Washington · Dec 17, 2008

Among other things, the Court rejected the individual Defendants’ argument that they were entitled to qualified immunity. (Id. at 9.) … Defendants submitted an interlocutory appeal on the qualified immunity ruling and the Ninth Circuit issued a decision on March 21, 2007. (See Dkt. Nos. Ill & 127.)

Carter

District Court, W.D. Washington · Sep 9, 2026

In addition, it is well established that, under the Eleventh 19 Amendment, a nonconsenting State is immune from suits brought in federal courts by its own 20 citizens. See Edelman v. … Waco, 502 U.S. 9, 9–12 (1991) (judicial immunity); Imbler v. 4 Pachtman, 424 U.S. 409, 430–31 (1976) (prosecutorial immunity). 5 “Judges are absolutely immune from damages actions for judicial acts taken

King County v. CENTRAL PUGET SOUND GROWTH

979 P.2d 374 · Washington Supreme Court · Jun 10, 1999

The County further argued that the UGA provisions in the CPPs were not internally inconsistent and clearly mandated that the Bear Creek area be designated a UGA. … It held that CPPs may be directive and that King County's CPPs clearly mandated that the Bear Creek area be designated urban.

Fosbre v. State

76 Wash. 2d 255 · Washington Supreme Court · Jun 12, 1969

Some statutes removing governmental tort immunity have placed limitations on the amounts for which the state or other governmental subdivision could be liable. … Tacoma, 63 Wn.2d 913, 918 , 390 P.2d 2 (1964), the legislature has clearly indicated its intention to change the public policy of the state by its adoption of the state's Torts Claims Act; and we noted in Evangelical United

State ex rel. Lysons v. Ruff

16 L.R.A. 140 · Washington Supreme Court · May 6, 1892

establish the position contended for by the relator. … qualified the day after the expiration of such time.