Case law

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  • 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

    Cited 20 timesPublished
  • Peacehealth St. Joseph Med. Ctr. v. Dep't of Revenue

    Washington Supreme Court · Aug 6, 2020

    manage benefits for a qualifying program.” … Washington’s CHIP and Medicaid programs are both “program[s] under chapter 74.09 RCW”—Washington’s Medicaid program is established under RCW 74.09.500 and CHIP is established under RCW 74.09.470(1).

    Cited 0 timesPublished
  • Hampson v. Snell

    128 Wash. App. 408 · Court of Appeals of Washington · Jul 18, 2005

    In February 2003, Hampson filed a peti *411 tion to establish the parentage of MS. … But she declined to rule on the issue, stating “So I think the cases are clearly distinguishable, and I think the statute controls.

    Cited 9 timesPublished
  • 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.

    Cited 7 timesPublished
  • 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.

    Cited 7 timesPublished
  • State v. McCoy

    63 Wash. 2d 421 · Washington Supreme Court · Dec 19, 1963

    The trial court acquitted him, holding that the Treaty of Point Elliott granted him immunity from state regulatory powers. The state appeals. … That case involved the Indians’ right to fish on the reservation, as is clearly shown by the statement of the court on page 662: “In the case of State v.

    Cited 14 timesPublished
  • State v. Hillman

    66 Wash. App. 770 · Court of Appeals of Washington · Aug 3, 1992

    excessive or clearly too lenient. … Finally, the determination of whether the sentence was clearly excessive or clearly too lenient is reviewed under the "abuse of discretion" standard. Batista, 116 Wn.2d at 792 .

    Cited 20 timesPublished
  • State v. Pittman

    88 Wash. App. 188 · Court of Appeals of Washington · Sep 22, 1997

    According to Pittman, marijuana stimulated her appetite, helping her maintain her proper weight and immune function. … He stated: But, clearly, if marijuana is capable of making an anorexic hungry it’s capable of making a person with cancer hungry or a person with AIDS hungry.

    Cited 6 timesPublished
  • Abbott v. Thorne

    65 L.R.A. 826 · Washington Supreme Court · Apr 14, 1904

    This is a Forth Dakota case, and presents that view of the law very forcibly and clearly, and the conflicting cases are discussed with great precision and power. … The doctrine of privileged communications rests upon public policy, ‘which looks to the free and unfettered administration of justice, though, as an incidental result, it may, in some instances, afford an immunity to the

    Cited 22 timesPublished
  • 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.

    Cited 8 timesPublished
  • 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.

    Cited 0 timesUnknown
  • W. Birkenfeld Trust v. Bailey

    827 F. Supp. 651 · District Court, E.D. Washington · May 27, 1993

    As the conduct clearly falls within the sphere of legitimate legislative activity, the Commissioners are entitled to absolute legislative immunity and the claims against them must be dismissed. … This court must refrain from interfering with the establishment of the elaborate administrative scheme prior to its finalization.

    Cited 3 timesPublished
  • Hunter v. University of Washington

    2 P.3d 1022 · Court of Appeals of Washington · Jun 26, 2000

    The University's regulations affect Vietnam veteran students as a class and qualify a *1025 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

    Cited 20 timesPublished
  • Lanuza v. Love

    District Court, W.D. Washington · Aug 6, 2019

    Neither party disputes that ICE attorneys are not bestowed the statutory powers that would qualify 25 them as “investigative or law enforcement officers.” … This rule is well-established in 4 Ninth Circuit. See Cao v.

    Cited 0 timesUnknown
  • Wilkinson v. Rodgers

    District Court, E.D. Washington · Jul 7, 2023

    Additionally, further amendment would be futile 3|| where Defendants are entitled to qualified or absolute immunity. See Delashaw v. Roberts, No. C18-1850JLR, 2020 WL 4922203 (W.D. Wash. … role, and finding the remaining 8 || defendants entitled to qualified immunity where their participation in the disciplinary hearings was not integral to the ultimate licensure suspension); see 10|| also RCW 18.71.015

    Cited 0 timesUnknown
  • Equitable Shipyards, Inc. v. State

    93 Wash. 2d 465 · Washington Supreme Court · May 8, 1980

    RCW 47.60.670 establishes a "preference" for shipbuilding firms located in Washington, "providing such bid or proposed price does not exceed by more than six percent the lowest price proposal for a negotiated contract *469 … Even so, in this case, general rules regarding appeals are qualified by legislative concern for prompt resolution. See, e.g., RCW 47.60.650(6)(b) (appeals shall be heard "summarily" within 10 days).

    Cited 34 timesPublished
  • Vargas v. Inland Washington, LLC

    Washington Supreme Court · Nov 21, 2019

    Assuming that is true, we are clearly not part of that majority, as Kelley itself demonstrates. … Conclusion Our prior decisions have clearly held that general contractors have expansive duties to ensure worker safety.

    Cited 0 timesPublished
  • Horvath v. DBIA Servs.

    Washington Supreme Court · Dec 18, 2025

    For an individual like Horvath, who lives in the Metropolitan Improvement District and pays assessments that fund DBIA’s operations and the salaries of its employees, DBIA’s immunity from the Public Records Act would clearly … To establish a PBIA, citizens 2 Horvath v.

    Cited 0 timesPublished
  • United States v. Modica-Linos

    399 F. Supp. 2d 1114 · District Court, E.D. Washington · Nov 10, 2005

    Kelly, 422 F.3d 889, 895 (9th Cir.2005)(“Under the modified categorical approach, the government has the burden to establish clearly and unequivocally the conviction was based on all of the elements of a qualifying predicate … Cyr.], the respondent clearly would not have been eligible for 212(c) relief given the time sequence noted above.”). 3 .

    Cited 1 timesPublished
  • State Ex Rel. Carroll v. Gatter

    43 Wash. 2d 153 · Washington Supreme Court · Sep 1, 1953

    This clearly and concisely expresses the purpose and defines the scope of the abatement statute here under consideration. … be gained by showing mathematically that the principal business of the establishment is legitimate.

    Declined to follow by People ex rel. Arcara v. Cloud Books, Inc., 65 N.Y. 324 (1985)Cited 19 timesPublished

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