Case law

Turner v. Dep't of Social & Health Svcs.

Washington Supreme Court · Aug 12, 2021

Kent’s CARE assessment from October 16, 2013 qualified him for this program. … Honoring client choice and dignity does not translate into immunizing DSHS from liability for harm to clients caused by unreasonable conduct within the scope of its undertaking.

Nancy James, Et Ano. V. State Of Washington, Et Ano.

Court of Appeals of Washington · Feb 10, 2025

DSHS claimed Lakeru’s lawsuit was barred by sovereign immunity and/or qualified immunity and the public duty doctrine. … Mere identity of similar evidence is not enough to establish identical issues for purposes of issue preclusion. Est. of Sly v. Linville, 75 Wn. App. 431, 437, 878 P.2d 1241 (1994).

Kevin Hanefeld v. King County

Court of Appeals of Washington · Nov 19, 2018

Discretionary Immunity In Evangelical United Brethren Church of Adna v. … In order for a decision to qualify as discretionary, the State must show that the decision was the outcome of a conscious balancing of risks and advantages. Id. at 214-15. In Avellaneda v. State, 167 Wn.

Soderburg v. Wells

57 Wash. 281 · Washington Supreme Court · Feb 5, 1910

These statements are only qualified by the expression, “In the absence of knowledge to the contrary and in the absence of such notice as would lead him in the exercise of due care and prudence to such knowledge.” … These instructions clearly did not relieve the master of any duty imposed upon him by law, nor did they impose upon the servant any duty or burden not sanctioned by law.

Better Financial Solutions, Inc. v. Caicos Corp.

117 Wash. App. 899 · Court of Appeals of Washington · Jul 29, 2003

Here, BFS contracted individually with qualified union cement masons (laborers) to perform the work subcontracted by MK. … BFS clearly wished to have no on-site function with respect to the project’s construction.

Anderson v. Millikin

186 Wash. 602 · Washington Supreme Court · Jul 9, 1936

The plaintiff, by his amended complaint, alleges that he is a qualified voter, a member of the Republican party and desirous of advancing its principles, and as such he seeks to restrain the defendant, as county auditor, … No formal assignments of error are made, but various arguments are advanced for the purpose of establishing that the measure known as the-“Blanket Primary Act” denies rights which are guaranteed by both the Federal and the

State v. Otton

185 Wash. 2d 673 · Washington Supreme Court · Jun 9, 2016

In light of these different considerations, we cannot say that the Florida courts’ disagreement with Smith clearly shows that Smith is incorrect. ¶23 Notably, in the seminal case establishing Florida’s bright-line test, the … Otton thus fails to show that Smith is clearly incorrect. 2.

Ingram v. Keyes

District Court, E.D. Washington · Jan 16, 2020

Dept. of State Police, 491 U.S. 58, 71 (1989). 3 “Will establishes that the State and the arms of the State, which have traditionally 4 enjoyed Eleventh Amendment immunity, are not subject to suit under section 1983 … Therefore, the Department 7 of Corrections is entitled to Eleventh Amendment immunity and does not qualify 8 as a “person” under Section 1983.

To-Ro Trade Shows v. Collins

144 Wash. 2d 403 · Washington Supreme Court · Aug 2, 2001

. § 1983 , accepting as a second basis for dismissal the State’s qualified immunity defense. … Having determined that To-Ro did not establish a justiciable controversy and that this case *418 presents no issues of overwhelming public importance, we affirm the Court of Appeals.

Del Guzzi Constr. Co. v. Global Northwest Ltd., Inc.

105 Wash. 2d 878 · Washington Supreme Court · May 22, 1986

Thus, Global clearly suffered actual loss or damage by December 1976, and not in May 1978 when the EPA rejected Global's request for additional compensation. … contract necessarily and directly benefits the third person, it is immaterial that this protection was afforded him, not as an end in itself, but for the sole purpose of securing to the promisee some consequent benefit or immunity

Houghton v. Humphries

85 Wash. 50 · Washington Supreme Court · Apr 12, 1915

However, whatever our conclusion might be upon a critical examination of these questions, we are clearly of the opinion that respondent by reason of his official position as judge, is absolutely exempt from liability for … court has recognized the general rule that when exemption from liability for the use of slanderous words is sought to be invoked by a private person or an attorney in the course of a judicial proceeding, such exemption is qualified

Carby v. DaVita Dialysis

District Court, E.D. Washington · Jul 22, 2020

[an] 3 employee without a disability with a reasonable accommodation because that duty 4 only applies to qualified ... employees with disabilities. … Instead, the employer must establish that he 4 had a legitimate reason to deny the employee reinstatement by firing her. Sanders 5 v.

Conner v. Hodgdon

120 Wash. 426 · Washington Supreme Court · Jun 16, 1922

Clapp, 42 Wash. 642 , 85 Pac. 342 , finally resulting in the establishment of Conner’s title to the.property. … Hodgdon duly qualified as executor of his estate and was substituted as intervener.

Falkner v. Foshaug

29 P.3d 771 · Court of Appeals of Washington · Aug 27, 2001

Clearly, there is no showing of exoneration that has been made. … In Krahn , the attorney failed to convey a plea offer, and in Gebhardt , an offer of immunity. Several commentators have also criticized the innocence requirement as unnecessary and unfair. See, e.g., Susan M.

Gonzales v. Department of Licensing

112 Wash. 2d 890 · Washington Supreme Court · Jun 29, 1989

qualified person of your own choosing and at your own expense. … Then, after reviewing a number of cases on the subject, we concluded: These cases clearly establish the proposition that the accused has a right under the implied consent statute to be afforded the opportunity to make a knowing

Butler v. Yakima County

District Court, E.D. Washington · Mar 4, 2025

To 2 establish liability pursuant to § 1983, Plaintiff must set forth facts demonstrating 3 how each Defendant caused or personally participated in causing a deprivation of 4 Plaintiff's protected rights. … Director 11 Welch’s response to Plaintiff’s grievance makes it perfectly clear that the housing 12 change was to focus on restoring the safety and security of the facility. 13 Moreover, Sergeant John Staff has qualified

Wa Education Association, V. Dept.of Retirement Systems

Court of Appeals of Washington · Mar 28, 2022

We conclude that a recent amendment to RCW 42.56.250(8) prohibits DRS and OFM from disclosing the month and year of birth of any public employee unless the Foundation can establish that it is a member of the “news media … The plain language of RCW 42.56.590(10)(a) clearly limits its application to the security breach context. Whenever possible, we give meaning to every word and phrase the legislature uses. Spokane County v.

Huber v. Hemrich Brewing Co.

188 Wash. 235 · Washington Supreme Court · Nov 9, 1936

The case is clearly without the rule we have quoted. … This should have been qualified by some statement to the effect that the primary duty to avoid such collisions is on the driver to the left.

Newlun v. Department of Retirement Systems

53 Wash. App. 809 · Court of Appeals of Washington · Apr 13, 1989

Because of the remedial purpose of such statutes ... a forfeiture or waiver of pension rights should be found only where clearly intended by the parties. … Purchard's. statements before the local board qualify the impressions of Mr. Newlun and others regarding his job performance: Mr.

State v. Wright

84 Wash. 2d 645 · Washington Supreme Court · Dec 12, 1974

The proviso clearly mandates that automobile driving be permitted. … Clearly the Ferguson case is distinguishable and not applicable.