Case law

Allen v. Wood

970 F. Supp. 824 · District Court, E.D. Washington · Jun 9, 1997

The Supreme Court also has clearly held that restrictions upon prisoners’ constitutional rights are permissible, so long as those restrictions are “reasonably related to legitimate penological interests.” Turner v. … immunity.

In Re The Detention Of Robert Lough

533 P.3d 1184 · Court of Appeals of Washington · Aug 14, 2023

Lough must establish that he has “so changed” through sex offender specific treatment. … These comprehensive procedural protections continue throughout commitment, including annual examinations by a qualified evaluator and the right to obtain their own qualified expert to conduct an evaluation.

Velasquez v. King County

District Court, W.D. Washington · Jun 24, 2020

Defendants move to dismiss this claim against Deputy Stratton by citing to 10 qualified immunity. … 13 federal statutory or constitutional right, and (2) the unlawfulness of their conduct was “clearly 14 established at the time.”

Bay v. Hein

9 Wash. App. 774 · Court of Appeals of Washington · Oct 11, 1973

In the case at bench, assuming that the fill on Bay’s land qualifies as an “improvement,” it remains nevertheless as an artificial structure or condition. … In this jurisdiction, the rule of lateral support, insofar as an “improvement” is concerned, has been clearly enunciated.

State v. Cardenas

914 P.2d 57 · Washington Supreme Court · Apr 11, 1996

Clearly Excessive Sentence Finally, Cardenas argues that even if the aggravating factors support the imposition of an exceptional sentence, the sentence is clearly excessive. … The latter conclusion does not, however, establish that Cardenas knew or should have known of Michel's vulnerability.

Vanessa Velasco Ortega v. Okanogan County, Washington; Okanogan County Sheriff’s Office; Isaiah Holloway

District Court, E.D. Washington · Aug 4, 2026

immunity. … Holloway was shielded by qualified immunity from Plaintiff’s Fourteenth 15 Amendment equal protection claim.

Horn v. Moberg

68 Wash. App. 551 · Court of Appeals of Washington · Feb 1, 1993

Co., supra , in all of which the Supreme Court denied review. [4] The Horns' decision to dismiss their claim against Maytag was clearly an exercise of independent business judgment. Mr. … The record in this case fails to establish legal causation between the alleged negligence of Moberg and the damages sustained by the Horns. It follows that proximate cause has not been established as a matter of law.

Loops, LLC v. Amercare Products, Inc.

636 F. Supp. 2d 1128 · District Court, W.D. Washington · Nov 13, 2008

If a product’s functional features could be used as trademarks, however, a monopoly over such features could be obtained without regard to whether they qualify as patents and could be extended forever (because trademarks … In the case at bar, Defendants fail to establish why Plaintiffs’ trademark or trade dress claims should be dismissed under the functionality test.

Avnet, Inc. v. Dep't of Revenue

Washington Supreme Court · Nov 23, 2016

Ed. 2d 430 (1964) ('"a taxpayer claiming immunity from a tax has the burden of establishing his exemption."' (quoting Norton Co. v. Dep 't of Revenue, 340 U.S. 534, 537, 71 S. Ct. 377, 95 L. … The general rule, applicable here, is that a taxpayer claiming immunity from a tax has the 17 No. 92080-0 burden of establishing [its] exemption."

Jacobs v. Office of Unemployment Compensation & Placement

27 Wash. 2d 641 · Washington Supreme Court · Apr 17, 1947

When claimant stated she would not accept work except on the afternoon shift, she clearly made herself unavailable for work of the character that she was qualified to perform. … Supp. 337 , 2 CCH 10,062, par. 1950.11 (woman held not available for work, because she was not genuinely interested in seeking employment for which she was well qualified); Carwood Mfg. Co. v.

State v. Jim

173 Wash. 2d 672 · Washington Supreme Court · Feb 9, 2012

But there is not the slightest indication that Congress thought it was establishing a reservation by creating the in-lieu sites. ¶40 The majority errs by ignoring the qualifier “established.” … Rather, we are concerned with our own Washington statute written in light of treaties reached in Washington Territory in 1855 that clearly distinguish between established reservations and fishing rights off-reservation. ¶

Danny v. Laidlaw Transit Services, Inc.

165 Wash. 2d 200 · Washington Supreme Court · Oct 3, 2008

We find a public policy of preventing domestic violence most clearly established in the State’s legislative enactments. … As in Gardner , those actions entailed leaving work for a period of time in an effort to further a clearly established public policy.

Lankford v. Tombari

35 Wash. 2d 412 · Washington Supreme Court · Jan 13, 1950

This occurred when respondent unexpectedly returned to his Marshall street residence at two p. m. and found Charlotte and appellant alone together in the house under circumstances clearly indicating adultery. … No. 6 qualified No. 3 by instructing the jury that one who “aids” in causing alienation of a wife’s affections will be liable to her husband.

Anderson v. Ferguson

17 Wash. 2d 262 · Washington Supreme Court · Mar 20, 1943

In 3 Thompson, Real Property (Perm. ed. 1940) p. 516, § 1345, it is said: *266 “It is the established rule of the common law that an express covenant to repair binds the covenantor to make good any injury which human power … In any event, the common-law rule is so harsh that it ought not to be applied unless the language of the lease clearly requires it.

White v. State

131 Wash. 2d 1 · Washington Supreme Court · Jan 9, 1997

Today it is clearly established that a State may not discharge or otherwise discipline an employee on a basis that infringes upon that employee’s constitutionally protected interest in freedom of speech. Rankin v. … Because we hold that the civil rights claim was properly dismissed, we do not reach the State’s issue on qualified immunity.

In Re The Welfare Of: J.b., Jr.

Court of Appeals of Washington · Dec 28, 2016

To establish element (f), DSHS must show “[t]hat continuation of the parent and child relationship clearly diminishes the child’s prospects for early integration into a stable and permanent home.” … These orders established: (1) that all six elements required for termination had been established by clear, cogent, and convincing evidence, including that continuation of the parent and child relationship clearly diminishes

Albert

District Court, W.D. Washington · Mar 5, 2026

This immunity cannot be overcome by allegations of 6 legal error, bad faith, or malice. … Albert cannot state a plausible claim against the court 7 staff. 8 Nor has Albert pointed to any authority clearly establishing that the staff has

Evergreen Freedom Foundation v. Locke

110 P.3d 858 · Court of Appeals of Washington · Apr 26, 2005

The state agency has the burden to establish the applicability of the relevant exceptions. … It discusses and details the program components that Boeing is clearly attempting to keep confidential.

Grace v. State, Dept. of Revenue

973 P.2d 1011 · Washington Supreme Court · Apr 1, 1999

established preexisting state remedy. … Laws of 1987, 2d Ex.Sess., ch. 3, § 5. [11] Where the legislature has clearly stated that the statute in question is to be applied retroactively, courts will so enforce it. Landgraf v.

Wilson Court Ltd. Partnership v. Tony Maroni's, Inc.

134 Wash. 2d 692 · Washington Supreme Court · Mar 12, 1998

Given the circumstance of the bank’s altering the signatures, it was clearly put on notice of a problem. … Because the bank had failed to produce extrinsic evidence of Hawk’s intent, the court turned to established rules of construction.