Case law

Hand v. Greyhound Corp.

49 Wash. 2d 171 · Washington Supreme Court · Jun 28, 1956

In establishing this broad and sweeping state policy respecting industrial injuries, the legislature made only one exception. … In the Jewett case, the employer had not personally qualified for benefits, but he was paying industrial insurance premiums as to certain of his employees.

Wilson v. City of Seattle

122 Wash. 2d 814 · Washington Supreme Court · Dec 9, 1993

Wilson argues the Legislature waived sovereign immunity by creating this statutory cause of action, and nothing in the statute permits a municipality , to bar or qualify this statutory action through the imposition of a claims-filing … Judicially reading in a qualified immunity not expressly provided by the Legislature would permit the City to potentially defeat causes of action under RCW 64.40.020.

Engelmohr v. Bache

66 Wash. 2d 103 · Washington Supreme Court · Apr 22, 1965

Study Group was an administrative body, that the hearing in which the defendants testified was an administrative proceeding which was not quasi-judicial in nature, and that defendants, therefore, were afforded, at most, a qualified … privilege wherein false statements were immune from a defamation action only if made in good faith and without malice.

Roe v. TeleTech Customer Care Management (Colorado) LLC

171 Wash. 2d 736 · Washington Supreme Court · Jun 9, 2011

First, the reporting statute grants immunity from civil liability, implying civil liability exists. Id. at 78. In contrast, MUMA grants qualified patients and caregivers immunity from criminal liability. … Though the employer in Roberts was immune from liability under chapter 49.60 RCW because it employed fewer than eight employees, the statute established a clear public policy for purposes of the employee’s wrongful termination

Locke v. City of Seattle

162 Wash. 2d 474 · Washington Supreme Court · Dec 13, 2007

The City has no rights of its own under the privileges and immunities clause, and it has not established standing to assert the rights of any other person or entity. ¶15 Washington’s privileges and immunities clause provides … These activities qualify as fire protection activities only if the primary duty of [the] position is preventing, controlling and extinguishing fires.” WAC 415-104-225(2)(a).

Department of Social & Health Services v. Willis

126 Wash. App. 786 · Court of Appeals of Washington · Apr 11, 2005

While that is true, and while termination of parental rights is a consequence of sufficient gravity to qualify as compulsion, 12 the penalty cases have generally required a showing that a penalty would follow directly, and … In cases where compulsion is present, prior access to counsel would clearly be inadequate.

Childs v. Allen

125 Wash. App. 50 · Court of Appeals of Washington · Dec 13, 2004

Thus, the qualified immunity afforded to DSHS caseworkers does not affect the nature of the immunity granted to a substance abuse evaluator such as Allen. ¶11 Allen relies on Gustafson v. Mazer, 113 Wn. … Here, there was no reasonable possibility of reversal because Allen was clearly entitled to absolute witness immunity and was not the proximate cause of Childs injuries.

Caughey v. Employment Security Department

81 Wash. 2d 597 · Washington Supreme Court · Nov 22, 1972

In the case at hand, the unemployment compensation fund is clearly a finite resource. … Rather it is an arbitrary exception to the exclusion ratio in section 72 (b) of the Internal Revenue Code which establishes a formula based upon the taxpayer’s contribution to the fund from which the pension is paid.

Wright v. Fred Hutchinson Cancer Research Center

269 F. Supp. 2d 1286 · District Court, W.D. Washington · Aug 28, 2002

not clearly established. … immunity. 4 .

Costanich v. WASHINGTON STATE DSHS

194 P.3d 988 · Washington Supreme Court · Oct 30, 2008

As waivers of sovereign immunity are to be strictly construed in favor of the sovereign, United States v. … . ¶ 23 It is well established a court may award attorney fees for only that portion of the lawsuit for which attorney fees are authorized. See generally 14A Karl B.

State Ex Rel. Bacich v. Huse

187 Wash. 75 · Washington Supreme Court · Aug 4, 1936

The argument is ingenious, but we do not agree with it. [4] The proviso is clearly severable from the remainder of § 4. … may be, they must bear equally upon all persons qualified under the law to seek licenses.

Malgarini v. Washington Jockey Club

60 Wash. App. 823 · Court of Appeals of Washington · Apr 8, 1991

. *827 It is well established that quasi-judicial actions of an administrative agency are immune from liability. 3 The applicable Washington Administrative Code sections set forth in the appendix clearly establish the quasi-judicial … Obviously, WSHRC and its employees have no immunity for torts such as negligent driving or physical assault, but they are clearly immune from liability for their decisions which form the basis of Malgarini's complaint.

Wood v. Battle Ground School Dist.

27 P.3d 1208 · Court of Appeals of Washington · Jul 27, 2001

Regarding the cross-appeal of a summary judgment dismissal of Jennifer Wood's *1213 defamation claim, we hold that the school board president has a qualified privilege but does not have absolute immunity. … Whether establishing an abuse of a qualified privilege or proving fault when the plaintiff is a public official, a plaintiff must prove actual malice.

Wood v. Battle Ground School District

107 Wash. App. 550 · Court of Appeals of Washington · Jul 27, 2001

Regarding the cross-appeal of a summary judgment dismissal of Jennifer Wood’s defamation claim, we hold that the school board president has a qualified privilege but does not have absolute immunity. … App. 127, 133-34, 607 P.2d 859 (1980) (commissioners and commission’s administrator have complete immunity). Sharp, as an inferior state officer, is entitled to a qualified privilege.

Makah Indian Tribe v. Clallam County

73 Wash. 2d 677 · Washington Supreme Court · May 2, 1968

Elvrum, though admittedly of only one-fourth Indian blood, could not legally qualify as a tribal Indian. … That he might share indirectly in the tax immunity was an extra-legal circumstance, for, while the residence of the wife is ordinarily presumed to be that of the husband, the presumption here was clearly rebutted by proof

Rains v. State

100 Wash. 2d 660 · Washington Supreme Court · Dec 22, 1983

The court further concluded the members of the PDC were immune from suit under the doctrine of qualified immunity, while the Attorney General and his assistants enjoyed absolute prosecutorial immunity. … While "it has been clear that a public official may be held liable in damages when his actions are found to violate a constitutional right and there is no qualified immunity," Monell v.

State Of Washington v. Jennifer Leigh Youde

Court of Appeals of Washington · May 20, 2013

Youde handed the undercover officer six grams of marijuana in exchange for $90, without making any effort to verify that he was qualified as a medical user. … The order quashing the subpoena on the basis of sovereign immunity has not been appealed. It is well established that a waiver of sovereign immunity must be unequivocally expressed; it cannot be implied.

Harland v. Territory

3 Wash. Terr. 131 · Washington Territory · Feb 3, 1887

Section 3078 of the Code provides that “all qualified electors shall be competent to serve as petit jurors, and all qualified electors and householders shall be competent to serve as grand jurors.” … It certainly cannot be affirmed as an historical fact that this has ever been established as one of the fundamental privileges and immunities of the sex.

Roe v. TeleTech Customer Care Management

257 P.3d 586 · Washington Supreme Court · Jun 9, 2011

First, the reporting statute grants immunity from civil liability, implying civil liability exists. Id. at 78, 247 P.3d 421 . In contrast, MUMA grants qualified patients and caregivers immunity from criminal liability. … Though the employer in Roberts was immune from liability under chapter 49.60 RCW because it employed fewer than eight employees, the statute established a clear public policy for purposes of the employee's wrongful termination

Conklin v. Shinpoch

107 Wash. 2d 410 · Washington Supreme Court · Dec 18, 1986

Conklin's GA-U benefits after discovery that her prior receipt of such benefits had *414 not conformed with its established policy. … This state's current level of payment under the GA-U program is 36.8 percent less than the established standard of need level.