Case law

Schinmann v. United States

618 F. Supp. 1030 · District Court, E.D. Washington · Sep 18, 1985

As a result, the statutory exception undoubtedly preserves sovereign immunity with respect to a broad range of Government actions. … Plaintiffs cite Dalehite in an attempt to establish that the intent of Congress in creating the discretionary immunity exception was to immunize the government only where no negligence was present on the part of any government

Clark v. Bonded Adjustment Co.

176 F. Supp. 2d 1062 · District Court, E.D. Washington · Dec 3, 2001

Witness Immunity The defendants argue that Dillin, who revealed that Bonded was attempting to collect a service fee greater than what he had actually been paid, is immune from suit based on his testimony, and that therefore … Witness immunity is simply not relevant to the issues put forward by the plaintiffs. 2.

Beggs v. Department of Social & Health Services

171 Wash. 2d 69 · Washington Supreme Court · Feb 17, 2011

“A grant of immunity from liability clearly implies that civil liability can exist in the first place.” Jane Doe, 141 Wn. App. at 422-23 . … RCW 4.20.020 establishes two classes of beneficiaries. First tier beneficiaries do not need to demonstrate dependency to recover.

Green v. Cowlitz County Civil Service Commission

19 Wash. App. 210 · Court of Appeals of Washington · Feb 8, 1978

Petitioners below were among the 80 to 100 individuals seeking to qualify by written examination for an eligibility list for the classified position of deputy sheriff. … Coffey's failure to establish a definite time limit in terms of minutes or hours.

O'DAY v. King County

109 Wash. 2d 796 · Washington Supreme Court · Jan 21, 1988

The 1976 ordinance regulated adult entertainment establishments, but explicitly excluded taverns and other establishments maintaining a liquor license. … If a petition was filed, but the referendum failed to qualify for the ballot, the ordinance became effective 45 days after enactment.

In Re Welfare of MG

201 P.3d 354 · Court of Appeals of Washington · Feb 10, 2009

[or] (11) Any other reason justifying relief from the operation of the judgment. ¶ 31 KS established none of these grounds. … The record also indicates that dependency as to the father was clearly contemplated. The dependency petition named both parents.

State Ex Rel. Peter v. Geisness

140 Wash. 300 · Washington Supreme Court · Aug 25, 1926

third class operating under the commission form of government, and that the police court of that city is a duly established and functioning inferior court of the state. … Clearly, under any view, -the first paragraph stricken was a conclusion; and the. second, upon the theory which we think must control,, is wholly immaterial.

Gordon v. Seattle-First National Bank

49 Wash. 2d 728 · Washington Supreme Court · Jan 28, 1957

Upon such hearing the court shall make and cause to be entered a formal order, either establishing and probating such will, or refusing to establish and probate the same, and such order shall be conclusive as against all … The surviving spouse was appointed administrator, and he qualified as such.

Immelt v. State of Washington Department of Licensing Real Estate Appraiser Program

District Court, W.D. Washington · Feb 28, 2022

She called Defendants’ claim of qualified immunity “equally specious” because she 3 “clearly and unmistakably” “never asserted” any claim that Sharp or McCowan were 4 personally liable for their conduct; again, she claims … These include Eleventh Amendment and qualified immunity, and the 12 argument that the regulations are not unconstitutional as a matter of law, either facially or 13 as applied to Immelt.

Erickson & Associates, Inc. v. McLerran

69 Wash. App. 564 · Court of Appeals of Washington · Apr 26, 1993

Thus, not only is there no case authority supporting Erickson's claim that MUP and building permit applications are equivalent, established precedent clearly suggests otherwise. … To qualify for such relief the applicant must demonstrate the following: *566 "1.

Dean v. Municipality of Metropolitan Seattle

104 Wash. 2d 627 · Washington Supreme Court · Oct 31, 1985

You are not to take the same as proof of the matters claimed and you are to consider only those matters which are established by the evidence. … When the plaintiff has proved a prima facie case of discrimination, the defendant bears only the burden of explaining clearly the nondiscriminatory reasons for its actions. Burdine , at 257, 260.

Peterson v. City of Yakima

District Court, E.D. Washington · Jan 23, 2020

immunity as a matter of law under the second prong of the 21 1 qualified immunity analysis, whether the constitutional right was clearly established … Even if a reviewing court were to reinstate Plaintiff’s Fourth Amendment 13 claims, the Court finds that the individual Defendants are entitled to qualified 14 immunity because there is no clearly established authority

Hindman v. Boyd

42 Wash. 17 · Washington Supreme Court · Feb 26, 1906

Clearly the statute does not intend that the council shall submit the amendment until the fact exists that the necessary number of qualified voters have petitioned. … If the findings shall establish facts showing that the petitions were in compliance with the law, then an order shall be entered confirming and ratifying the one originally *35 made.

Bloomer v. Todd

1 L.R.A. 111 · Washington Territory · Aug 14, 1888

That she was then, and for more than one year prior thereto had been, a resident, and a citizen, and a qualified elector of the Territory of Washington, and had then, and for more than one month immediately preceding said … contention that the word “citizen,” before and since the adoption of the fourteenth amendment, included women, yet the authority referred to expressly declares that the right of suffrage was not one of the privileges or immunities

Leinum v. Continental Casualty Co.

2 Wash. App. 233 · Court of Appeals of Washington · Apr 2, 1970

or employment for wage or profit for which he was, on or before the date 1 of injury reasonably qualified by reason of education, training or experience. … Co., 67 Wn.2d 60 , 406 P.2d 628 (1965) where the term “any occupation” clearly means considerably more than his regular and customary occupation.

Guard v. Jackson

132 Wash. 2d 660 · Washington Supreme Court · Jul 24, 1997

Beeston and Guard never married, but Beeston's paternity of Jeffrey was established by a paternity action in 1990. … A mother (married or unmarried) risks her life to bear the child and therefore qualifies. ...

Nieshe v. Concrete School Dist.

127 P.3d 713 · Court of Appeals of Washington · Aug 9, 2005

The superior court dismissed Nieshe's parents as plaintiffs for lack of standing and the individual defendants based on qualified immunity. … Weisman. [32] In Lee, the Court was asked to decide whether including prayer as part of a high school graduation ceremony contravened the Establishment Clause of the First Amendment. [33] To be consistent with the Establishment

Bower v. Bower

5 Wash. 225 · Washington Supreme Court · Nov 18, 1892

Such being the object of our statute, it is contended on the part of the respondent that the will can be sustained if it is made clearly to appear to the court, either by the terms of the will itself or by satisfactory proof … clauses to the absolute language before used that the present rule of decision was established.

O'Meara v. Washington State Board Against Discrimination

58 Wash. 2d 793 · Washington Supreme Court · Sep 29, 1961

established by the way the act itself defines the phrase publicly-assisted housing. … But the second proposition is qualified by limitations which compound the difficulties of one who assails the legislative decision.

Henry v. Washington Department of Health

District Court, E.D. Washington · Mar 29, 2024

immunity grounds—namely, that they did not violate any 8 clearly established First Amendment right. … Clearly Established Law 5 Next, Defendants argue that the Individual Defendants are entitled to qualified 6 immunity because it was not clearly established under the law at the