Case law

Youker v. Hillhouse

District Court, E.D. Washington · Feb 19, 2021

ECF No. 56 at 7–8. 8 The doctrine of qualified immunity shields government actors from civil 9 liability under 42 U.S.C. § 1983 if “their conduct does not violate clearly established 10 statutory or constitutional … need not reach the clearly established prong.

Nicacio v. United States Immigration & Naturalization Service

595 F. Supp. 19 · District Court, E.D. Washington · Aug 31, 1984

However, government officials performing discretionary functions are shielded from liability for civil damages if their conduct does not violate clearly established constitutional rights. Procunier v. … In my judgment, the rights of citizens to travel upon the public highways without unreasonable interference have been clearly established.

Keates v. City of Vancouver

73 Wash. App. 257 · Court of Appeals of Washington · Mar 8, 1994

Keates clearly was a possible suspect. … Our courts have, heretofore, required plaintiffs to pass a 3-pronged test to qualify under this exception.

Hagerman v. City of Seattle

189 Wash. 694 · Washington Supreme Court · Apr 8, 1937

Many reasons have been assigned by the various courts for the immunity granted to municipal corporations when acting in a governmental capacity. … Despite these attacks, addressed to the foundation *698 and wisdom of the rule, the courts have, almost without exception, adhered to the precedent established by the decisions.

Fuhr v. City of Seattle

District Court, W.D. Washington · Aug 23, 2024

immunity. … The law established in George is not a basis for denying Zech qualified immunity in this 5 case.

Ellis v. Pierce County

District Court, W.D. Washington · Feb 9, 2024

8 Redding asserts that he is entitled to qualified immunity because it was not clearly 9 established that “using a leashed K-9 to search outside for a violent uncooperating 10 suspect evading police, or the spontaneous … Viewed in Ellis’s favor, this conduct amounts to a 9 violation of a clearly established right.

Benshoof v. Admon

District Court, W.D. Washington · Jun 28, 2024

“Qualified immunity 17 affords limited protection to public officials,” like police officers, “faced with liability 18 under 42 U.S.C. § 1983, insofar as their conduct does not violate clearly established 19 statutory … protected right; 7 and (2) whether the particular right that the official has violated was clearly 8 established at the time of the violation.”

CASSETTE v. King County

625 F. Supp. 2d 1084 · District Court, W.D. Washington · May 2, 2008

the affidavit is insufficient to establish probable cause.” … Cassette has not met her burden of overcoming Defendants’ qualified immunity to support her claim for defamation.

Young v. Weston

898 F. Supp. 744 · District Court, W.D. Washington · Aug 25, 1995

Under current laws, sexually violent predators only qualify for civil detention when a mental illness or mental disorder is present. … He is clearly a problem, and clearly very dangerous, but he doesn't suffer from a classic mental illness.”

Seattle School District No 1 v. Benshoof

District Court, W.D. Washington · Jul 19, 2024

liability under 42 U.S.C. § 1983, insofar as their conduct does not violate clearly 19 established statutory or constitutional rights of … official has violated was clearly established at the time of the violation.”

HomeStreet, Inc. v. Department of Revenue

139 Wash. App. 827 · Court of Appeals of Washington · Jul 24, 2007

established that the income in question was withheld from and related to the borrower’s interest payments. … And, in servicing retained sales, HomeStreet retains only the right to provide loan servicing for the purchaser of the loan and to be compensated for those services. 21 Although Home-Street has clearly established that servicing

Smith v. Bates Technical College

139 Wash. 2d 793 · Washington Supreme Court · Jan 27, 2000

Prior judicial decisions may also establish the public policy. Thompson, 102 Wn.2d at 232 . … The court will not intervene and administrative remedies must be exhausted when: (1) a claim is cognizable in the first instance by an agency alone; (2) the agency has clearly established mechanisms for the resolution of

State v. Hoeldt

139 Wash. App. 225 · Court of Appeals of Washington · Jun 12, 2007

The police officer’s testimony more than adequately establishes the State’s theory. … App. 263, 272 , 72 S.W.3d 907 (2002) (holding that where a dog is clearly capable of physical harm, the fact finder could reasonably infer that it was used as a deadly weapon); Morris v.

State v. Altum

47 Wash. App. 495 · Court of Appeals of Washington · Apr 27, 1987

excessive or clearly too lenient. … This evidence establishes that Stallone had the capacity to *506 conform his actions to the law.

French v. Pierce County

District Court, W.D. Washington · Feb 17, 2023

immunity. … “A court 2 considering a claim of qualified immunity must determine whether the plaintiff has alleged the 3 deprivation of an actual constitutional right and whether such right was clearly established such 4 that it

State v. Serrano

95 Wash. App. 700 · Court of Appeals of Washington · May 18, 1999

Certified or qualified? THE INTERPRETER: Qualified, Your Honor. THE COURT: Thank you. … The “clearly erroneous” standard of review applies.

Chung Song Ja Corp. v. U.S. Citizenship & Immigration Services

96 F. Supp. 3d 1191 · District Court, W.D. Washington · Mar 11, 2015

Upon establishing that a position is a “specialty occupation,” the H-1B visa petitioner must also demonstrate that the alien worker is qualified to work in such a position. … To qualify to perform services as Health Services Manager for CSJ under the degree equivalency prong of the applicable regulation, CSJ must establish that Ms.

State v. Hoeldt

160 P.3d 55 · Court of Appeals of Washington · Jun 12, 2007

The police officer's testimony more than adequately establishes the State's theory. … App. 263, 272 , 72 S.W.3d 907 (2002) (holding that where a dog is clearly capable of physical harm, the fact finder could reasonably infer that it was used as a deadly weapon); Morris v.

Reninger v. State Dept. of Corrections

951 P.2d 782 · Washington Supreme Court · Feb 26, 1998

contrary to the statutory repeal of sovereign immunity. … Houser does not stand for the proposition that an employee is immune from liability if he acts within the scope of his duties.

Sterling v. Feek

District Court, W.D. Washington · Nov 3, 2022

9 does not violate clearly established statutory or constitutional rights of which a reasonable person 10 would have known.” … complaint itself, that 13 qualified immunity applies.