Case law

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

State v. Bixby

27 Wash. 2d 144 · Washington Supreme Court · Feb 14, 1947

The testimony of Rose Chapin directly contradicts appellant’s contention as to his good faith and clearly establishes that appellant willfully procured Rose Chapin to perjure herself when she took the witness stand in the … It does not appear in the record that Rose Chapin, or anyone else legally qualified to do so, demanded a private hearing.

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.

Hillis Homes, Inc. v. Snohomish County

32 Wash. App. 279 · Court of Appeals of Washington · Jun 21, 1982

This statute, RCW 7.16.260, does not, however, establish either a new cause of action or an automatic right of recovery. … Rather, it simply establishes the procedure for recovery of damages based on recognized and established causes of action. See Miller v. Pacific Cy., supra at 746-47; State ex rel. Bond v.

Heath v. Zolotoi

221 F.R.D. 545 · District Court, W.D. Washington · May 12, 2004

P. 26(b)(3), Advisory Committee Notes (“Materials assembled in the ordinary course of business ... are not under the qualified immunity provided by this subsection.”); United States v. … These admissions establish that the statements were prepared in the ordinary course of business, not in “anticipation of litigation.”

Sherman v. State

128 Wash. 2d 164 · Washington Supreme Court · Nov 16, 1995

Given that the memorandum clearly articulated that AAG Milam was acting as counsel for the University, even if Dr. … To establish a violation of the Act, the plaintiif must make a prima facie showing that: (1) he or she is a "handicapped individual” under the Act; (2) he or she is "otherwise qualified” for the position sought; (3) he or

Curtis v. Inslee

District Court, W.D. Washington · Feb 27, 2024

Inslee 5 qualified immunity here is consistent with the Ninth Circuit Court of Appeals ruling in Johnson 6 that the Oregon governor and state officials were entitled to qualified immunity against § 1983 7 claims (including … Inslee has demonstrated that 13 he is entitled to qualified immunity on all the Plaintiffs’ § 1983 claims; there is no showing that 14 he is not entitled to qualified immunity on the Plaintiffs’ repackaged § 1983 claims

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.

Simon v. Levy

114 Wash. 556 · Washington Supreme Court · Feb 17, 1921

If he so apply, he shall be entitled to administer the partnership property if the court find him to be qualified.” … So in this case, it clearly appears from the evidence, without any dispute, that the appellant intended to remain in this state. He had shipped most of his household goods from Anchorage to Seattle.

Everett v. Abbey

108 Wash. App. 521 · Court of Appeals of Washington · Sep 21, 2001

State, 116 Wn.2d 596 , 809 P.2d 143 (1991)] immunity and/or a qualified immunity. 3. … This last statement clearly indicates that the reference court did not believe that it had fully and finally litigated the issues regarding child interview techniques.

Gennoe v. Sypolt

60 Wash. App. 517 · Court of Appeals of Washington · Feb 4, 1991

Nor is Stauber entitled to establish that some of the defendants' conduct did not involve questions of workplace supervision, military regulations, remedies provided under those regulations, and military decisionmaking. … On appeal, Stauber has failed to show that this finding was clearly erroneous.

State v. Hughes

77 P.3d 681 · Court of Appeals of Washington · Oct 14, 2003

Hughes also indicated that he had some understanding of the legal implications of his involvement in the case and should be awarded immunity for his statement. [6] Harper clearly asked if Hughes was promised immunity, to … Here, the court ruled that because no one granted Hughes immunity, no one could argue the issue. The prosecutor, not Hughes, sought to admit the immunity discussion in order to refer to it in closing arguments.

Island County Committee on Assessment Ratios v. Department of Revenue

81 Wash. 2d 193 · Washington Supreme Court · Sep 7, 1972

The right of school districts to receive state funds is necessarily qualified by the constitutional mandate that the legislature provide for a system of schools that is uniform. … The fact that these additions to ratio study technique do not constitute a “rule” does not mean that a computation based upon such techniques is immune from challenge. Seéj.RCW 82.03.130(4); 82.03.140.

Brown v. Murphy

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

And Plaintiff has failed to show that Defendants are not entitled to qualified 3 immunity based on a violation of a clearly established constitutional right.

City of Seattle v. Eun Yong Shin

50 Wash. App. 218 · Court of Appeals of Washington · Jan 4, 1988

Under RCW 26.44.060, persons making such a *227 report are immune from any civil or criminal liability arising out of reporting. … At most, RCW 26.44 grants immunity to parents for any liability that might arise out of their use of the reporting procedures that statute creates.

State v. Muller

80 Wash. 368 · Washington Supreme Court · Jul 9, 1914

Cook, 17 Wall. 174 , that ‘every ingredient of which the offence is composed must be accurately and clearly alleged.’ … electors petitioned for the submission to the electors of the question whether intoxicating liquor should be sold in the unit where the violation is alleged to have occurred, nor that a majority of the qualified electors

Ravenscroft v. Washington Water Power

969 P.2d 75 · Washington Supreme Court · Dec 24, 1998

In order for the legislative intent exception to apply, the regulation establishing a duty must intend to identify and protect a particular and circumscribed class of persons, and this intent must be clearly expressed within … Ideally, the more certain landowners are of their liabilities and immunities, the more they will open their lands to the public. [3] To this end, the Legislature has clearly expressed its will.

Department of Social & Health Services v. Stratmeyer

46 Wash. App. 748 · Court of Appeals of Washington · Feb 9, 1987

The provision does no more than establish who has standing to challenge those proceedings. Furthermore, de novo review of such matters is contrary to Washington law. See Todd v. … The court concluded that these were "qualified expert witnesses" for the purposes of the ICWA. Fisher , at 553. Elaine Fiddler was well qualified within the meaning of the statute.

Aberdeen Aerie No. 24 of Fraternal Order of Eagles v. United States

50 F. Supp. 734 · District Court, W.D. Washington · Jul 9, 1943

I shall not endeavor to enumerate all of the elements that exist here, but the undisputed facts and admissions clearly establish the contention of the plaintiff that the orchestras, during the years here involved, supplied … That was established in this case, but, of itself, it can not be the controlling factor in the establishment of the relationship of employer and employee.

Youker v. Douglas County

162 Wash. App. 448 · Court of Appeals of Washington · Aug 18, 2011

as a matter of law with respect to a given defendant if it clearly appears that the defendant provided the prosecuting attorney with a full and fair disclosure, in good faith, of all the material facts known to him or her … App. 38, 39 , 708 P.2d 407 (1985). ¶39 Officers enjoy a qualified immunity against liability for false arrest and imprisonment.