Case law

Joyce v. Department of Corrections

155 Wash. 2d 306 · Washington Supreme Court · Sep 15, 2005

Another case is not relevant to our analysis because it determined whether a state agent had qualified immunity from suit, not whether a duty existed. See Savage v. … State, 127 Wn.2d 434 , 899 P.2d 1270 (1995) (holding that even though a parole officer may enjoy qualified immunity, it did not extend to the government).

Hernandez v. Federal Way

District Court, W.D. Washington · Apr 24, 2020

Federal “qualified immunity protects 5 government officials ‘from liability for civil damages insofar as their conduct does not violate 6 clearly established statutory or constitutional rights of which a reasonable [ … immunity 13 because his actions had violated clearly established law in that jurisdiction.

State Of Washington v. Tommie Lewis

194 Wash. App. 709 · Court of Appeals of Washington · Jun 27, 2016

Our Supreme Court has held the right to equal protection guaranteed under the Fourteenth Amendment and by the privileges and immunities clause of the Washington Constitution are "substantially identical and considered … RCW 43.43.754(2) provides, "If the Washington state patrol crime laboratory already has a DNA sample from an individual for a qualifying offense, a subsequent submission is not required to be submitted."

Richey v. Stemler

District Court, W.D. Washington · Feb 1, 2021

The R&R applied the two- 25 part test for qualified immunity articulated in Saucier v. Katz, 533 U.S. 194, 201 (2001). 26 Id. … Thus, the Court must resolve the 20 issue of qualified immunity as a matter of law. 21 “For purposes of qualified immunity, we resolve all factual disputes in favor of the 22 party

Bennett v. SEATTLE MENTAL HEALTH

166 Wash. App. 477 · Court of Appeals of Washington · Feb 6, 2012

The child wrongful death statute only applies to the beneficiaries "`clearly contemplated by the statute.'" Masunaga v. … Douglas was, by one degree, not close enough to qualify them as beneficiaries. ¶ 37 This result ignores the realities of modern life entirely, and again immunizes negligence so long as it results in death. ¶ 38 But it is

Boyd v. Constantine

District Court, W.D. Washington · Jun 14, 2022

from suit under the doctrine of qualified immunity. 20 Mr. … immunity.

Medical Consultants Northwest, Inc. v. State

89 Wash. App. 39 · Court of Appeals of Washington · Dec 5, 1997

Ed. 539 (1880). *45 Here, the finding that MCN’s clients assumed sole liability for paying the physicians is clearly supported by the stipulated facts. … The Legislature has since enacted a statute that waives this immunity and specifically authorizes interest to be paid on tax refunds.

State v. Wilson

9 Wash. App. 909 · Court of Appeals of Washington · Nov 5, 1973

Wilson’s principal contention on appeal is that his constitutional immunity from unreasonable search and seizure was violated. … Such a determination requires an assessment of credibility and is therefore one for which the trial judge is uniquely qualified. We are aware of Justice Brennan’s observation in Miller v.

Scott v. City of Tacoma

District Court, W.D. Washington · Sep 5, 2025

was clearly 7 established at the time’ of the violation.” … right was clearly established at the time of 4 the incident.”

Crowley Marine Services, Inc. v. FEDNAV Ltd.

924 F. Supp. 1030 · District Court, E.D. Washington · Oct 10, 1995

The plaintiff bears the burden of establishing the court’s jurisdiction. See Schwarzer, Tashima and Wagstaffe, Federal Civil Procedure Before Trial §§ 9:85-87 (1993). B. … Clearly, damage from the release of hazardous substances by the Corps is related to the Corps’s operation and maintenance of Levee 12-1 of the McNary Lock and Dam Project.

Burchfiel v. Boeing Corp.

149 Wash. App. 468 · Court of Appeals of Washington · Apr 2, 2009

Burchfiel suffered a qualifying disability. The trial court erred in concluding to the contrary. … The court also instructed the jury that to establish unlawful retaliation Mr.

In Re Kurtzman's Estate

65 Wash. 2d 260 · Washington Supreme Court · Nov 19, 1964

The "unless" clause is clearly separated from clause 1, which deals with the computation of the degree of kindred and is clearly subordinate to clause 2, which deals with the rights of inheritance between whole and half bloods … Clearly, this section treats only of kindred of the half blood, for it is their rights alone which are therein defined and limited.

Jordan v. O'BRIEN

79 Wash. 2d 406 · Washington Supreme Court · Jun 24, 1971

The stipulated facts establish that Judge Kuykendall (having attained the mandatory retirement age of 75) was required to retire December 31, 1949. Const, art. 4, § 3(a) (amendment 25). … Simple calculation indicates that Judge Jordan served 18 years and 361 days (i.e., 4 days short of 1 full year beyond the qualifying 18th year).

Allen

District Court, W.D. Washington · Jan 14, 2026

has not shown that the Court’s 12 determinations on his ADA single cell accommodation and wheelchair access claims 13 against DOC were manifest error, or that it erred in concluding that Kaehler is qualifiedly 14 immune … Allen has not cited a “robust consensus” of persuasive authority 18 clearly establishing an unqualified right to a wheelchair in the circumstances he alleges, 19 leaving Kaehler entitled to qualified immunity.

State v. Fish

99 Wash. App. 86 · Court of Appeals of Washington · Oct 18, 1999

Fish also argues that because the State granted transactional immunity to Shawlee Westmoreland, it should have done the same for Baxter. … The decision to grant immunity is vested with the prosecution, and a defendant has no right to demand immunity for a defense witness in order to obtain exculpatory testimony unless a court finds the prosecutor’s misconduct

Peoples National Bank v. Schaeffer

65 Wash. 2d 260 · Washington Supreme Court · Nov 19, 1964

The “unless” clause is clearly separated from clause 1, which deals with the computation of the degree of kindred and is clearly subordinate to clause 2, which deals with the rights of inheritance between whole and half bloods … Clearly, this section treats only of kindred of the half blood, for it is their rights alone which are therein defined and limited.

Getchell v. AUTO BAR SYS. N. INC.

73 Wash. 2d 831 · Washington Supreme Court · May 9, 1968

As a defense, defendants asserted truth and absolute or qualified privilege. … We find, upon reviewing the instructions given by the trial court, that the substance of these proffered instructions was amply and clearly covered in instructions dealing with the defenses of truth and qualified privilege

Miguleva v. Washington State Department of Natural Resources

District Court, E.D. Washington · Apr 25, 2023

Eleventh Amendment Immunity 13 Defendant moves for summary judgment on Plaintiff’s state law claims on 14 the grounds that Defendant is protected by Eleventh Amendment immunity … Plaintiff filed this action in federal court; 14 therefore, Defendant did not waive immunity by removing the case, and Defendant 15 clearly asserted immunity as an affirmative defense in its Answer.

McHugh v. Douglass

165 Wash. 123 · Washington Supreme Court · Nov 6, 1931

Barbara McHugh qualified as executrix and, as required by the statute (Rem. Comp. Stat., § 1477), she caused to be published a notice of her appointment as executrix and a notice to creditors to file their claims. … Whatever her purpose, the executrix by her notice and order clearly allowed the respondent’s claim as a valid claim against the separate property of the decedent. The order appealed from is affirmed. Tolman, C.

Committee for an Independent P-I v. Smith

549 F. Supp. 985 · District Court, W.D. Washington · Aug 27, 1982

The Court held that in order to qualify as a “failing company,” a newspaper would have to have been on the brink of liquidation, would have to show that there were no alternatives to a JOA, and would have to establish that … American Press Co., 297 U.S. 233 , 56 S.Ct. 444 , 80 L.Ed. 660 (1936), relied on heavily by the plaintiffs, is clearly inapplicable.