Case law

Mw v. Dshs

110 Wash. App. 233 · Court of Appeals of Washington · Feb 8, 2002

For the caseworkers *996 to have qualified immunity against such a claim, they must "(1) carry out a statutory duty, (2) according to procedures dictated by statute or superiors, and (3) act reasonably." … CP at 101-02. [9] Even if Francis has qualified immunity, the State can still be liable for negligent investigation. Waller v.

Rogers v. Miles Laboratories, Inc.

116 Wash. 2d 195 · Washington Supreme Court · Jan 10, 1991

The express language of the statute clearly provides that where a donor is compensated, statutory immunity from liability does not apply to the transaction. Both parties agree that defendants compensate their donors. … Thus, plaintiffs argue, because defendants do not qualify for immunity under RCW 70.54.120, defendants should be strictly liable.

Mosebar v. Moore

41 Wash. 2d 216 · Washington Supreme Court · Sep 25, 1952

B-108, establishing a system of civil service for all employees of its fire department and adopting, by reference, all provisions of chapter 31, Laws of 1935. … Huse, 187 Wash. 75, 80 , 59 P. (2d) 1101 , we said: “The aim and purpose of the special privileges and immunities provision of Art.

Donna Zink, et ux v. City of Mesa

Court of Appeals of Washington · Aug 20, 2024

However, we conclude that the right to video record a public meeting was not clearly established in 2003 and therefore Mayor Ross is entitled to qualified immunity. … She maintains that in 2003 her right to video record city council meetings was clearly established and therefore Mayor Ross is not entitled to qualified immunity.

Worthington v. WestNET

Washington Supreme Court · Jan 22, 2015

However, the ability to provide for task force immunity is qualified both by the PRA and the ICA itself. 8 First, as we noted above, the PRA explicitly subordinates all other statutes to its own provisions: "In the event … Second, the ICA further qualifies the contributing agencies' ability to provide immunity for their own task forces: No agreement made pursuant to this chapter relieves any public agency of any obligation or

Tennyson v. Plum Creek Timber Co.

73 Wash. App. 550 · Court of Appeals of Washington · Apr 4, 1994

There were no warning signs at the site; however, the drop-off was clearly visible from all other directions except the northwest direction from which Tennyson approached. … The "possession and control” requirement clearly indicates a broader, more permanent interest in the land than was present here.

In Re Dependency of JRU-S.

110 P.3d 773 · 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.

Locke v. City of Seattle

172 P.3d 705 · 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).

Rodriguez v. Perez

99 Wash. App. 439 · Court of Appeals of Washington · Feb 22, 2000

Moreover, permitting negligence actions against law enforcement officials does not leave them without statutory and common law qualified immunity. … That clearly refers to a prosecutorial function. In short, whether the prosecuting attorney is entitled to immunity for acts taken pursuant to RCW 26.44 is resolved by traditional immunity analysis.

Woods v. Seattle's Union Gospel Mission

481 P.3d 1060 · Washington Supreme Court · Mar 4, 2021

The teachers therefore qualified for Hosanna- Tabor’s ministerial exemption. Id. … The Ockletree court could not agree on a common line of reasoning establishing reasonable grounds for the exemption so it establishes no precedent on that point of law.

Deatherage v. Examining Board of Psychology

134 Wash. 2d 131 · Washington Supreme Court · Dec 24, 1997

The *134 Board found Deatherage’s failure to qualify statements, his mischaracterization of statements, his failure to verify information, and his interpretation of test data were adequate grounds for initiating disciplinary … A treatise on legal malpractice clearly explains the distinction: There are several significant differences between a civil malpractice action and a disciplinary proceeding.

Noonan v. State

53 Wash. App. 558 · Court of Appeals of Washington · Mar 9, 1989

A few jurisdictions grant the parole board qualified rather than absolute immunity. Beck v. Kansas Univ. … Psychiatry Found., supra (although the state tort law barred an action based on its statute, the court held qualified "good faith" immunity will apply under the federal Civil Rights Act); Donahoo v.

Hosea v. City of Seattle

64 Wash. 2d 678 · Washington Supreme Court · Jul 2, 1964

In this sense we believe the trusty program was strongly proprietary in nature, negating a characterization of the program or operation as clearly governmental and entitling the city to immunity from tort liability. … The record clearly shows that the trusty program has been an established one for many years, that it is of benefit both to the city and to the individual prisoner, and that the washing of police cars and performing of private

Dutton v. WASH. PHYSICIANS HEALTH PROG.

943 P.2d 298 · Court of Appeals of Washington · Sep 2, 1997

III Qualified Immunity of the Program Dr. … It is particularly important that good faith (or its absence) in this qualified immunity situation be determined promptly. As our Supreme Court observed in Robinson v.

State v. Bryant

42 P.3d 1278 · Washington Supreme Court · Apr 4, 2002

While the ability of the government to compel testimony in exchange for a grant of immunity is now well established, this formal immunity process is cloaked with a high degree of constitutional protection. … Clearly, a prosecuting attorney can limit such a grant to prosecutions in the prosecutor's home county by so providing in the immunity agreement.

Saldivar v. Momah

186 P.3d 1117 · Court of Appeals of Washington · Jun 24, 2008

Klingbeil is not *1127 qualified to opine on psychiatric conditions." … Nor does the defense counsel's use of the word "jury" establish "actual notice" of a jury demand.

Quinn v. State

Washington Supreme Court · Mar 24, 2023

Plaintiffs’ privileges and immunities claim fails because they have not established that the capital gains tax implicates a fundamental right of state citizenship, and even if it did, reasonable grounds … No. 100769-8 (Gordon McCloud, J., dissenting) clearly capable of ownership.

Orwick v. Fox

65 Wash. App. 71 · Court of Appeals of Washington · Apr 13, 1992

As state employees, these defendants are afforded qualified immunity from liability in the performance of their discretionary duties unless their conduct violated "clearly established statutory or constitutional rights of … When available, entitlement to qualified immunity may be established as a matter of law by the court on a motion to dismiss by summary judgment or by directed verdict. Thorstad v.

Foxworthy v. Puyallup Tribe of Indians Ass'n

141 Wash. App. 221 · Court of Appeals of Washington · Oct 16, 2007

Thus, if Foxworthy is to sustain her cause of action, she must establish that Congress has impliedly abrogated tribal sovereign immunity. 3. … tribal casino instead of in a non-Indian establishment off the reservation.

Bailey v. State

191 P.3d 1285 · Court of Appeals of Washington · Sep 18, 2008

She points out that there is support for early dismissal review in qualified and absolute immunity cases. See e.g., Robinson v. … City of Seattle, 119 Wash.2d 34, 65 , 830 P.2d 318 (1992) (qualified immunity granted in 42 U.S.C. § 1983 cases requires that insubstantial claims must be resolved quickly); Taggart v.