Case law

Korter v. City of Lakewood

District Court, W.D. Washington · Aug 6, 2024

Qualified Immunity 10 “The doctrine of qualified immunity protects government officials ‘from liability for civil 11 damages insofar as their conduct does not violate clearly … Pearson, 555 U.S. at 236. 21 The second step of the qualified immunity analysis—whether the constitutional right was 22 clearly established at the time of the conduct—requires courts

Tyner v. DSHS, Child Protective Serv.

1 P.3d 1148 · Washington Supreme Court · Jun 15, 2000

As this court noted, the Legislature has granted caseworkers only a qualified immunity even in the case of an emergency situation. Id. at 607 , 809 P.2d 143 . … Brown were dismissed before trial on the grounds of witness immunity. Ms.

Seventh Elect Church in Israel v. Rogers

34 Wash. App. 96 · Court of Appeals of Washington · Feb 28, 1983

the statutory grant of immunity. … It is the court's function to determine whether silence is justified and must require the witness to answer if, based upon the particular facts of the case, it clearly appears that silence is not warranted.

Langworthy v. Washington Division of Vocational Rehabilitation

District Court, W.D. Washington · Jul 21, 2025

Langworthy faces is establishing a waiver of 24 those agencies’ sovereign immunity. She has not identified a basis for such waiver, and must do 1 so in any amended complaint. See Kohn v. … To make out a prima 10 facie case under either the ADA or the Rehabilitation Act, a plaintiff must show that (1) she is a 11 “qualified individual with a disability,” 29 U.S.C. § 794(a); (2) she is “otherwise qualified

State v. Franks

7 Wash. App. 594 · Court of Appeals of Washington · Sep 25, 1972

The qualifications and authorization for appointment of judges pro tempore of district justice courts are established by statute. … Clearly, defendant was lawfully arrested after incriminating evidence had been found in the lawful search of the trailer because there was, at that point, probable cause to arrest the person known to be in dominion and control

Mendoza v. Owen

District Court, E.D. Washington · Jun 12, 2024

However, qualified immunity shields 17 government actors from civil damages unless their conduct violates “clearly 18 established statutory or constitutional rights of which a reasonable person would 19 have known … show a violation of a constitutional right 3 and (2) whether that right was “clearly established at the time of the violation.” 4 Horton by Horton v.

State v. Ortega

84 P.3d 935 · Court of Appeals of Washington · Feb 17, 2004

However, further finding that the victim's age had not been established beyond a reasonable doubt by the Texas jury, the court ruled that the decision in Apprendi v. … Consequently, the court found that the Texas crime as charged was not clearly comparable to first degree child molestation, and did not count it as a first strike for the purposes of POAA.

Peralta v. State

187 Wash. 2d 888 · Washington Supreme Court · Feb 16, 2017

Otherwise, her admission to being under the influence was conclusively established unless she moved to amend or withdraw her admission. Peralta neither qualified nor moved to withdraw or amend her admission. A. … and qualify or deny the remainder.”

Peters v. South Kitsap School District No. 402

8 Wash. App. 809 · Court of Appeals of Washington · Apr 20, 1973

The factual foundation for these conclusions established that appellant held a valid secondary school teaching certificate. He was qualified in four subjects — Spanish, Social Studies, English, and Study Hall. … In June, 1971, vacancies arose but appellant could not qualify for any of the vacancies that existed because he was not qualified to teach the combination of subjects required for the specific vacancies.

State v. Meredith

165 Wash. App. 704 · Court of Appeals of Washington · Aug 9, 2011

A single invidiously discriminatory governmental act’ is not ‘immunized by the absence of such discrimination in the making of other comparable decisions.’ ” Batson, 476 U.S. at 95 (quoting Vill. of Arlington Heights v. … Ed. 2d 196 (2005). ¶25 Under these rules, the trial court’s ruling here is clearly erroneous.

Shoreline Community College District No. 7 v. Employment Security Department

59 Wash. App. 65 · Court of Appeals of Washington · Aug 27, 1990

The Commissioner's unchallenged finding, which is a verity, establishes that Pelto worked 770 hours for the College in 1986. … This finding supports the Commissioner's conclusion that Pelto met the minimum hours requirement of and established a "benefit year" under RCW 50.04.030.

Davidson v. Carson

1 Wash. Terr. 307 · Washington Territory · Dec 15, 1870

That act declares “that there shall be established in each organized county in this Territory, a Board of County Commissioners, to consist of three qualified electors, to be elected by the qualified electors at the general … If Congress had intended to make a change in the term of the officers, we would expect to find that intent clearly stated in the act, and it nowhere appears there.

Moe v. Wise

97 Wash. App. 950 · Court of Appeals of Washington · Nov 19, 1999

Clearly, there may be tactical reasons for a Chapter 11 debtor to emphasize different points in communicating with different creditors in different circumstances. … But once the defendant establishes a qualified privilege, to prove the abuse of that privilege even a private figure plaintiff must satisfy the higher clear and convincing standard otherwise applied only to public figure

Volk v. DeMeerleer

184 Wash. App. 389 · Court of Appeals of Washington · Nov 13, 2014

It does not provide immunity but withholds the immunity afforded in subsection 1 in a narrow circumstance. … James Knoll is a qualified mental health professional, and Ashby does not challenge Knoll’s credentials. ¶94 Dr. Ashby questions Dr.

Livermore v. Tonhofer

District Court, E.D. Washington · Oct 22, 2020

are entitled to qualified immunity. … clearly established statutory 8 or constitutional rights of which a reasonable person would have known.”

State v. Clark

58 Wash. 128 · Washington Supreme Court · Apr 2, 1910

Other and previous instructions given by the trial judge clearly defined and distinguished the crimes of murder in the first degree, in the second degree, and manslaughter. … No jury had then been impaneled, no evidence had been offered on the merits, nor was there any jury, until twelve qualified men had been sworn to *132 try the cause in the manner provided by law.

State v. Mountain Timber Co.

75 Wash. 581 · Washington Supreme Court · Oct 6, 1913

act deprives plaintiff of its property without due process of law, and for a public use without just compensation, and deprives it of the right of trial by jury; (4) of the 14th amendment, in that it grants privileges and immunities … The court, as at present constituted, is not disposed to recede from or qualify its opinion as expressed in the case of State ex rel. Davis-Smith Co. v. Clausen, 65 Wash. 156 , 117 Pac. 1101 , 37 L. R. A. (N. S.) 466.

State ex rel. Blakeslee v. Clausen

85 Wash. 260 · Washington Supreme Court · Apr 22, 1915

Their evident purpose was to prevent the stoppage of the state’s established functions pending a vote upon some question of policy. It was clearly the intention of the people to except all ordinary appropriation bills. … “Established or organized society or corporations; an establishment, especially one of public character or one affecting a community.”

State v. Weber

159 Wash. 2d 252 · Washington Supreme Court · Dec 28, 2006

The questions were not clearly targeted at establishing that Weber was a gang *276 member. … Id. ¶52 In this case, the prosecuting attorney’s argument was clearly a response to defense counsel’s argument.

Jackson v. Harvey

72 Wash. App. 507 · Court of Appeals of Washington · Jan 10, 1994

Jackson does not fit into this exception, so he is clearly a "worker" under the title. … A worker's bare assertion of belief that he or she worked for this or that employer does not establish an employment relationship.