Case law

City Of Vancouver, V State Of Wa Public Employment Relations Comms

Court of Appeals of Washington · Mar 25, 2014

Applying these principles to the case before us, the record clearly demonstrates that Cook relied upon the tainted recommendation of Sutter when making his decision. … The comment at issue came in the context of Schoene' s summary of why Martin' s skills made him the most qualified for a position in the unit.

R W v. Columbia Basin College

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

Reagan and Mr. 16 Thornton appealed the portion of the Court’s order denying them qualified 17 immunity. … “was not clearly 3 established.”

Fray v. Spokane County

85 Wash. App. 150 · Court of Appeals of Washington · Feb 20, 1997

Regardless, the County contends the suit is barred by the employer immunity granted by the Industrial Insurance Act (RCW 51). … The County next argues *158 that the 1992 amendment to LEOFF, which clearly does limit the "right to sue” provision to Plan I members only, effectively eliminated Deputy Fray’s claim against the County.

State v. Cauthron

120 Wash. 2d 879 · Washington Supreme Court · Feb 25, 1993

Cotton was amply qualified as an expert; as discussed above, the opinion is based on an accepted scientific theory; and, clearly, this evidence was helpful to the jury. … and (3) Is the sentence clearly excessive? State v. Dunaway, 109 Wn.2d 207, 218 , 743 P.2d 1237 , 749 P.2d 160 (1987). The standard of review for the trial court's factual findings is clearly erroneous. State v.

Trummel v. Mitchell

156 Wash. 2d 653 · Washington Supreme Court · Mar 30, 2006

The evidence relied upon by the trial court clearly establishes that Mitchell’s petition is based on the harassing conduct exhibited by Trammel to Mitchell and Council House staff and residents, not based on complaints to … RCW 4.24.510 provides in relevant part: Communication to government agency or self-regulatory organization — Immunity from civil liability.

State v. Saintcalle

178 Wash. 2d 34 · Washington Supreme Court · Aug 1, 2013

. *43 ¶15 As part of the “purposeful discrimination” analysis, the Supreme Court has established a comparative juror analysis. … Id. at 221-22 . ¶19 Swain did little to curb racial discrimination, establishing a “crippling burden of proof” and leaving peremp *44 tory challenges “largely immune from constitutional scrutiny.”

State v. Markham

40 Wash. App. 75 · Court of Appeals of Washington · Mar 22, 1985

Assuming arguendo it is potentially vague, Markham's conduct clearly fell within the "hard core" of the statute, as defined by many years of judicial construction. State v. Richmond, supra at 245. … Markham argued the letter should be admitted, and then the *85 prosecution could call the attorney to testify if it wished to establish the basis for his opinion.

Riblet v. Spokane-Portland Cement Co.

41 Wash. 2d 249 · Washington Supreme Court · Oct 2, 1952

In 1910, the cement company established a plant at Irvin, Washington, in the Spokane valley, about eleven miles east of Spokane. … Forbearance from suit on the part of the Riblets might possibly be inferred, but it cannot be said *257 that such was clearly indicated.

State v. Jones

57 Wash. 2d 701 · Washington Supreme Court · Feb 16, 1961

Even where the death penalty has been imposed, if the claimed errors were clearly established, a reversal of the conviction and the removal of the status of convicted felon might conceivably make the prosecution of an appeal … It appearing to this court that the appellant is at this time not competent to proceed with his appeal, all proceed *705 ings herein are stayed until his competency to so proceed is restored, or someone appointed and qualified

Card v. Kiesel

District Court, W.D. Washington · May 13, 2025

No. 1-1 at 5–6.)1 The 8 Court identified that Plaintiff’s claims were likely barred by judicial immunity 9 and were otherwise not clearly stated, and ordered him to file an amended 10 … A 19 Magistrate Judge found that Plaintiff qualified for IFP status but that his 20 complaint failed to state a claim. (Dkt. No. 7.)

Card v. Kohl

District Court, W.D. Washington · May 13, 2025

No. 1-1 at 5–6.)1 The 8 Court identified that Plaintiff’s claims were likely barred by judicial immunity 9 and were otherwise not clearly stated, and ordered him to file an amended 10 … A 19 Magistrate Judge found that Plaintiff qualified for IFP status but that his 20 complaint failed to state a claim. (Dkt. No. 7.)

Card v. Owens

District Court, W.D. Washington · May 13, 2025

No. 1-1 at 5–6.)1 The 8 Court identified that Plaintiff’s claims were likely barred by judicial immunity 9 and were otherwise not clearly stated, and ordered him to file an amended 10 … A 19 Magistrate Judge found that Plaintiff qualified for IFP status but that his 20 complaint failed to state a claim. (Dkt. No. 7.)

Card v. Pierce County Sheriffs Department

District Court, W.D. Washington · May 13, 2025

No. 1-1 at 5–6.)1 The 8 Court identified that Plaintiff’s claims were likely barred by judicial immunity 9 and were otherwise not clearly stated, and ordered him to file an amended 10 … A 19 Magistrate Judge found that Plaintiff qualified for IFP status but that his 20 complaint failed to state a claim. (Dkt. No. 7.)

Matter of Marriage of Brown

98 Wash. 2d 46 · Washington Supreme Court · Nov 10, 1982

In Washington unappealed property settlements are immune from modification. Thompson v. Thompson, 82 Wn.2d 352 , 510 P.2d 827 (1973). RCW 26.09.170. Ordinarily, this would be the end of the litigation. … may have relied ... or by deciding an issue of first impression whose resolution was not clearly foreshadowed . . .

Keegan v. United States

District Court, W.D. Washington · Jul 30, 2025

On January 12, 14 2022, BOP “established interim procedures to ensure timely implementation of the FSA final rule.” 15 Id. … Lucero, 135 F.4th 1213 (10th Cir. 2025) (finding that the prison officials were entitled to qualified immunity).

Kettle Range Conservation Group v. Department of Natural Resources

120 Wash. App. 434 · Court of Appeals of Washington · Dec 23, 2003

The first step is resource assessment by qualified scientists. … “A qualified party shall be considered to have prevailed if the qualified party obtained relief on a significant issue that achieves some benefit” it sought. RCW 4.84.350(1).

Aguda v. United States

District Court, W.D. Washington · May 8, 2025

Aguda’s complaint because it failed to establish 21 a basis for this Court’s subject matter jurisdiction, establish a waiver of the United States … ’ 22 sovereign immunity, or state a claim.

Tacoma Auto Mall, Inc. v. Nissan North America, Inc.

169 Wash. App. 111 · Court of Appeals of Washington · Jun 26, 2012

Potter, 165 Wn.2d at 85 . ¶19 Finding no language in the statutes clearly establishing the exclusivity of the remedy provided in former RCW 46.96.200, we next look to “ ‘other manifestations’ ” such as the purpose of the … The stated purpose is limited and clearly focuses on protecting manufacturers’ franchisee dealers.

Trummel v. Mitchell

131 P.3d 305 · Washington Supreme Court · Mar 30, 2006

The evidence relied upon by the trial court clearly establishes that Mitchell's petition is based on the harassing conduct exhibited by Trummel to Mitchell and Council House staff and residents, not based on complaints to … Id. at 9. [11] RCW 4.24.510 provides in relevant part: "Communication to government agency or self-regulatory organization — Immunity from civil liability."

Pierce County v. State

144 Wash. App. 783 · Court of Appeals of Washington · May 28, 2008

It should not be allowed to benefit from this act by hiding behind the cloak of sovereign immunity. … Under RAP 10.3(g), we review only issues set forth in an assigned error or clearly disclosed as an associated issue.