Case law

State v. E.J.J.

Washington Supreme Court · Jun 25, 2015

But, as discussed, the record clearly establishes E.J.J.'s hindering conduct. 16 The majority also contends that E.J.J.' … But the presence of speech does not immunize unlawful conduct.

City of Walla Walla v. Conkey

6 Wash. App. 6 · Court of Appeals of Washington · Dec 13, 1971

The following facts were clearly established. (1) Both Gose Ditch and Mill Creek are badly polluted from the sewage and industrial waste and at least since the construction of three vegetable processing plants in 1932, 1935 … We thus conclude that there was clearly established a prima facie case of an inverse condemnation in the nature of a taking, which occurred as a result of the city’s sewage disposal activities. Aliverti v.

Dellen Wood Products, Inc. v. Department of Labor & Industries

179 Wash. App. 601 · Court of Appeals of Washington · Feb 25, 2014

Ed. 2d 415 (2006)). ¶42 A claimant alleging deprivation of due process must first establish a legitimate claim of entitlement. Haberman v. Wash. Pub. … To qualify as a self-insured employer, an employer must first establish that it has sufficient financial ability to pay workers’ compensation benefits and assessments under the Act. RCW 51.14.020(1).

State v. Whelchel

115 Wash. 2d 708 · Washington Supreme Court · Dec 6, 1990

evidence of guilt is unavailable to establish the reliability that we find absent in this case. … The trial testimony of Nancy and Beth, the two eyewitnesses to the killing, clearly established the defendant as the murderer. These two young women testified to essentially the same series of events.

Davis v. Department of Corrections

District Court, W.D. Washington · Jan 11, 2022

“Government officials performing discretionary functions 12 enjoy qualified immunity from civil damages so long as their conduct does not violate 13 ‘clearly established statutory or constitutional rights of which a reasonable … In analyzing a qualified immunity defense, courts are “permitted 1 to exercise their sound discretion in deciding which of the two prongs of the qualified 2 immunity analysis should be addressed first in light of the

Brown v. State

155 Wash. 2d 254 · Washington Supreme Court · Sep 8, 2005

The reason for this amendment is that clearly in the . . . substitute and the original bill the language said that this will not be part of basic education. … We are mindful of how important attracting and retaining highly qualified educators is to the future of our state. ¶30 The people have reserved to themselves the power to legislate directly through the initiative process.

Kershaw Sunnyside Ranches, Inc. v. Yakima Interurban Lines Ass'n

156 Wash. 2d 253 · Washington Supreme Court · Jan 12, 2006

and expressly limits or qualifies the interest conveyed.” … Thus, Brown established that, generally, when the granting document uses the term “right of way” as a limitation or to define the purpose of the grant, it operates to “clearly and expressly limit [ ] or qualif[y] the interest

State ex rel. O'Phelan v. Lundquist

103 Wash. 339 · Washington Supreme Court · Aug 7, 1918

No objections were made to the order of the county commissioners establishing the district when the same was made. No appeal was taken therefrom by any *343 interested party. … Clearly, we think, they should not be permitted to avoid the costs by this form of action. We are of the opinion, therefore, that the trial court properly denied the relief sought.

State v. Pope

4 Wash. 2d 394 · Washington Supreme Court · Jun 27, 1940

The facts, as established by the jury’s verdict, are as follows: Appellant purchased a range and a refrigerator, under a conditional sale contract, from a mercantile company in Spokane. … The great weight of authority under the common law is clearly to the effect that the rule is applicable to all civil writs or process, including writs of replevin.

Flarity v. Roberts

District Court, W.D. Washington · Feb 24, 2021

Pope, 793 F.3d 1072, 11 1078 (1986) (“conspiracy between judge and prosecutor to predetermine the outcome of a 12 judicial proceeding, while clearly improper, nevertheless does not pierce [judicial immunity].”). 13 … Quasi-judicial immunity is the extension of absolute judicial immunity to officials when 14 performing quasi-judicial functions.

Spokane County v. Eastern Washington Growth Management Hearings Board

176 Wash. App. 555 · Court of Appeals of Washington · Sep 10, 2013

Even so, we exercise our discretion to further clarify the rule we established in Spokane County I. B. … But a hearings board accords a county the required deference by properly applying the GMA’s clearly erroneous review standard.

Gray v. Reeves

69 Wash. 374 · Washington Supreme Court · Jul 19, 1912

The testimony offered on behalf of the respondents tends to establish the following facts: (1) That Mr. … The record is long and much detail might be recited, but it would be useless to do so; for we are satisfied that the testimony clearly preponderates in favor of the respondents. A point is made that Mr.

Schmidt v. Old Union Stockyards Co.

58 Wash. 2d 478 · Washington Supreme Court · Aug 17, 1961

. § 203 ) to qualify and be licensed by the Secretary of Agriculture to engage in the selling of livestock in a licensed stockyard. … It is likewise clear that adequate provisions have been established to insure judicial review of the acts of the Secretary.

Roberts v. King County

107 Wash. App. 806 · Court of Appeals of Washington · Aug 6, 2001

In 1979 King County adopted King County Ordinance 4324 which established its current personnel system. … Because FLSA exempt employees qualify for executive leave if their positions require them to work substantially in excess of the standard work schedule, employees who work a 35-hour workweek schedule qualify for executive

Riley et ux v. Spokane County

District Court, E.D. Washington · Dec 19, 2023

Absolute immunity is 4 “immunity from suit rather than a mere defense to liability.” Butler v. San Diego 5 Dist. … Absent a showing of facts clearly in violation 7 of established law, immunity stands. Id. at 964. 8 D.

State v. Murray

128 Wash. App. 718 · Court of Appeals of Washington · Aug 4, 2005

an exceptional sentence under a de *723 novo standard of review; or that the sentence is clearly excessive or too lenient under an abuse of discretion standard. … To that end, “[t]he presumptive sentence ranges established for each crime represent the legislative judgment as to how these interests shall best be accommodated.” Id.

Murray v. United States Attorney's Office

District Court, W.D. Washington · Mar 11, 2025

Because it 1 failed to qualify for emergency treatment, Ms. … First, she alleges that she is 19 disabled but does not explain what her disability is, so she has failed to establish that she is a 20 qualified individual for Rehabilitation Act purposes. Second, although Ms.

State v. Wilson

995 P.2d 1260 · Court of Appeals of Washington · Mar 21, 2000

Here, JST is clearly a victim. … Wilson-Farler's bank records and discover deposits of funds embezzled from the victim in order to establish the victim's loss. The connection to the embezzlement is established. C.

Anderson v. Meneses

District Court, W.D. Washington · Sep 30, 2020

immunity (Dkt. 40) and particularly as 18 to the equal protection claim, that motion may have merit, but the decision on qualified 19 immunity is premature. … The Defendants’ claim to qualified immunity should be addressed soon, 20 however. 21 At this point, Plaintiff Malone’s constitutional claims against

Crowley v. City of Raymond

198 Wash. 432 · Washington Supreme Court · Apr 4, 1939

It is unnecessary, however, to decide the question raised in the last paragraph, for the rule — whatever one may think of its wisdom and justice — is firmly established in this state, and in practically all of the states, … This, clearly, is not the law. In this case, the purpose is not only material, but controlling, since it qualifies and gives character to the act.