Case law

Moen v. Erlandson

80 Wash. 2d 755 · Washington Supreme Court · Jun 22, 1972

Traditionally, these provisions establish the basis for the proposition that the states alone possess the right to establish qualifications for voting. … Will it now be held that the overriding right to travel, as affecting the Fourteenth Amendment and the original constitution, means that one can qualify for election to Congress on the same basis that he can now qualify to

Hansen v. Lindell

14 Wash. 2d 643 · Washington Supreme Court · Sep 23, 1942

Hansen, as the duly appointed, qualified, and acting administratrix of the estate of Winifred Lundberg, deceased, against Martin Lindell and Violet Lindell, his wife. … The position of this court was clearly stated in the cited case as follows: “In one of the texts cited by appellants, 37 C.

State v. Marino

100 Wash. 2d 719 · Washington Supreme Court · Jan 5, 1984

Diversion that results from a prosecutor's discretion to refuse to file charges seems relatively immune from judicial review. A. … But under a diversion arrangement, the prosecutor establishes the conditions and supervises the program.

Medicraft v. State of Washington

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

Leuzzi should be afforded qualified immunity for good faith actions taken as the Assistant Attorney General. Reply 5-6, ECF No. 208. … Because the Court grants the motion on the grounds of absolute prosecutorial immunity, arguments related to qualified 23 immunity are not addressed. 24 ORDER GRANTING DEFENDANT

United States v. Washington

19 F. Supp. 3d 1317 · District Court, W.D. Washington · Dec 31, 2003

of immunity. … Three different judicial bodies in Washington II considered the evidence the Samish submitted in that proceeding and concluded that the Tribe had not “clearly established the continuous informal cultural influence [that is

Collett v. Hanson

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

Qualified Immunity 17 County Defendants assert they are entitled to qualified immunity. … It does not appear the HDS Defendants have joined in the qualified immunity argument.

In Re Hinton

100 P.3d 801 · Washington Supreme Court · Nov 18, 2004

Judges are not immune to these horrors. … Pierre, 118 Wash.2d 321, 328 , 823 P.2d 492 (1992). *804 Petitioners have established actual and substantial prejudice resulting from constitutional error.

In re the Disability Proceeding Against Diamondstone

153 Wash. 2d 430 · Washington Supreme Court · Jan 20, 2005

The hearing officer concluded that these materials “speak for themselves;” they clearly evidence symptoms of Diamondstone’s mental illness. … Without discussion, Diamondstone also argues, for the first time on appeal, that her rights under the privileges and immunities clause of the Washington Constitution were violated. Br. of Appellant at 49.

Seeley v. State

940 P.2d 604 · Washington Supreme Court · Jul 24, 1997

Seeley qualifies to participate in the research program. … clause after Oregon's privileges and immunities clause, art.

State Of Washington v. Nicholas Windsor Anderson

447 P.3d 176 · Court of Appeals of Washington · Aug 5, 2019

Anderson establishes two errors. A jury must decide whether his prior reckless driving conviction qualifies as a “prior offense” under RCW 46.61 .5055. That did not happen here. And State v. … The State responds that Fleming does not control because, here, it is not at issue whether the trial court exceeded its statutory authority by awarding restitution, for example, for an uncharged crime or for damages clearly

Toulou v. Department of Social & Health Services

27 Wash. App. 137 · Court of Appeals of Washington · Aug 19, 1980

Thus, that finding could appear to be clearly erroneous. … of equal protection since she has already qualified and is denied her right to dispose of her resources as she sees fit for her proper debts and remain qualified.

Limstrom v. Ladenburg

110 Wash. App. 133 · Court of Appeals of Washington · Feb 1, 2002

Second, what qualifies as exempt work product under RCW 42.17.310(l)(j) and Limstrom v. Ladenburg, 136 Wn.2d 595 , 963 P.2d 869 (1998). … Mandatory Discovery in Criminal Cases Absent Washington case law on waiver of work product immunity, we look to other jurisdictions.

State v. Whitfield

134 P.3d 1203 · Court of Appeals of Washington · May 16, 2006

PRIVILEGES AND IMMUNITIES ¶ 31 Whitfield also contends that RCW 9A.36.011(1)(b) violates our constitution's privileges and immunities clause because it grants a special privilege or immunity to those with a sexually transmitted … "A punishment is grossly disproportionate only if . . . the punishment is clearly arbitrary and shocking to the sense of justice." State v.

In Re the Guardianship of Hayes

93 Wash. 2d 228 · Washington Supreme Court · Mar 27, 1980

See generally Note, Judicial Immunity, 11 Ind. L. Rev. 489 (1978). … While this statute did not authorize sterilizations, it was clearly based on eugenic principles.

State v. Whitfield

132 Wash. App. 878 · Court of Appeals of Washington · May 16, 2006

Privileges and Immunities ¶31 Whitfield also contends that RCW 9A.36.011(1) (b) violates our constitution’s privileges and immunities clause because it grants a special privilege or immunity to those with a sexually transmitted … “A punishment is grossly disproportionate only if. . . the punishment is clearly arbitrary and shocking to the sense of justice.” State v.

Holly v. Totus

655 F. Supp. 548 · District Court, E.D. Washington · Sep 17, 1983

The individual defendants are elected and duly qualified and acting members of the Yakima Tribal Council. … Clearly, under Oliphant v.

Towle v. STATE DEPT. OF FISH AND WILDLIFE

971 P.2d 591 · Court of Appeals of Washington · Feb 19, 1999

It set forth both poundage and landing criteria for determining which crab fishers would qualify as having historically and continuously participated in the fishery and designated four preceding years as the qualifying seasons … The Department clearly had the opportunity to elicit any facts damaging to Towle's explanation of his activities, but it chose not to. [13] In Hensel, we interpreted the sea urchin limited entry statute, RCW 75.30.210, a

Hunter v. University of Washington

101 Wash. App. 283 · Court of Appeals of Washington · Jun 26, 2000

The University’s regulations affect Vietnam veteran students as a class and qualify a benefit that is conferred by law. … assuming that its ability to decide whether to confer tuition reductions translates into its ability to adopt further restrictions without complying with the rule-making procedures required by the APA. 3 The Legislature has clearly

State v. Kreck

86 Wash. 2d 112 · Washington Supreme Court · Nov 20, 1975

The tests were clearly made in the course of the business of the Washington State Toxicological Laboratory. … The circumstances and procedure under which the tests were conducted show the report clearly meets this fourth requirement. 5.

Estate of Clovy Jaramillo v. City of Spokane

District Court, E.D. Washington · Sep 4, 2024

In reviewing a qualified immunity defense at the motion to dismiss stage, 5 the question is “whether the complaint alleges sufficient facts, taken as true, to 6 support the claim that the officials’ conduct violated clearly … 15 immunity.