Case law

Pamela K. Scott, V. Louise Love

Court of Appeals of Washington · Mar 14, 2022

immunity. … “It is well established that a prosecutor who acts within the scope of his or her duties in initiating and pursuing a criminal prosecution is absolutely immune from liability.” Tanner v. City of Federal Way, 100 Wn.

Pope Res., LP v. Dep't of Nat. Res.

Washington Supreme Court · May 24, 2018

The question of who may qualify as an 'operator' under CERCLA is somewhat trickier."). … Hametiaux, The Value of Government Tort Liability: Washington State's Journeyfrom Immunity to Accountability, 30 SEATTLE U.L.

State of Washington v. Francisco Gonzalez-Gonzalez

193 Wash. App. 683 · Court of Appeals of Washington · May 3, 2016

"The trial court's determination' s to the defendant's resources and ability to pay is essentially factual and should be revie ed under the clearly erroneous standard.'" State v. Bertrand, 165 Wn. … Gonzalez-Gonzalez was indigent and thu qualified for publicly funded counsel both for trial and on appeal, Mr. Gonzalez-Gonza ez testified that he was employed helping a mechanic at the time of his arrest.

Bini v. City of Vancouver

218 F. Supp. 3d 1196 · District Court, W.D. Washington · Oct 28, 2016

There are three established scenarios in which a municipality may be hable for constitutional violations under § 1983. … Accordingly, the Court will not assess whether Plaintiff has stated any underlying deprivations, whether Officer Aldridge is entitled to qualified immunity based on the facts stated in the complaint, or whether Plaintiff

In Re The Marriage Of: Gabriel Y. Lee v. Carol Ann Kennard

Court of Appeals of Washington · Sep 16, 2013

Qualified Domestic Relations Order Kennard argues that the trial court erred by refusing to enter the QDRO as presented by her attorney. … The language of RCW 26.09.140 clearly makes an award of fees and costs discretionary.

Buchanan v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers

94 Wash. 2d 508 · Washington Supreme Court · Oct 9, 1980

While of course participants in a conspiracy that is covered by § 6 are not *513 immunized from responsibility for authorized acts in furtherance of such a conspiracy, they now are protected against liability for unauthorized … The precedential value of federal interpretations of these provisions is clearly established and the court should acknowledge the error in Titus after Gibbs. See State v.

State v. Diaz-Cardona

123 Wash. App. 477 · Court of Appeals of Washington · Sep 27, 2004

By providing for suspended manifest injustice dispositions in appropriate cases, the statute clearly permits the juvenile court to consider and plan for the possibility that community-based treatment might fail. … Schaaf, 109 Wn.2d 1, 7-8, 10 , 743 P.2d 240 (1987) (recognizing that “The policies of the [Juvenile Justice Act] are twofold: to establish a system of having primary responsibility for, being accountable for, and responding

Federated American Insurance v. Strong

102 Wash. 2d 665 · Washington Supreme Court · Oct 4, 1984

Therefore, the facts so found are the established facts in this case. Painting & Decorating Contractors of Am., Inc. v. Ellensburg Sch. Dist., 96 Wn.2d 806, 814 , 638 P.2d 1220 (1982). … The severability clause included in the FAIC policy clearly and unambiguously provides that liability coverage applies separately to each insured.

Bradshaw v. City of Seattle

43 Wash. 2d 766 · Washington Supreme Court · Nov 30, 1953

It tended to establish these additional facts: Mr. Bradshaw was driving just within the twenty-five mile per hour speed limit. … It is claimed that, as a matter of law, the evidence established the fact that the crossing was not extrahazardous, that the negligence of Mr.

City Of Seattle, V. Delaura & Fred B. Norg

491 P.3d 237 · Court of Appeals of Washington · Jul 19, 2021

Source of Duty In 1961, the legislature repealed the State’s sovereign immunity for governmental functions. LAWS OF 1961, ch. 136 § 1 (codified as RCW 4.92.090). … In Beltran-Serrano, our Supreme Court clearly held that “[a]t common law, every individual owes a duty of reasonable care to refrain from 3 See Medic One, SEATTLE.GOV, http://www.seattle.gov/fire/about-us/about-the- department

Willapa Electric Co. v. Pacific County

160 Wash. 412 · Washington Supreme Court · Jan 20, 1931

Appellant produced several expert witnesses, all of whom, by experience and training, were admirably qualified to express an opinion as to the value of the franchise, the actual value of the property, and also as to its future … Clearly, the record does not support the finding that the franchise had a valuation during the years 1926 *420 and 1927 of fifteen thousand dollars, but on the contrary incontrovertibly establishes the fact that, from 1925

King v. Hutson

97 Wash. App. 590 · Court of Appeals of Washington · Nov 2, 1999

Under the statute, the dogs would qualify as “dangerous” if they again bit, attacked or endangered the safety of humans or domestic animals. RCW 16.08.070(2)(c). Mr. … In most situations, those principles are sufficient to determine whether a plaintiff has established a cause of action for negligence, regardless of whether the defendant is a governmental entity.

State v. Howard

33 Wash. 250 · Washington Supreme Court · Nov 28, 1903

The other sections clearly relate to Indians sustaining tribal relations, and to the machinery of the government for dealing with such. … But whatever the evidence may establish upon that subject, a similar-question was involved in State v. Greer, 11 Wash. 244 , 39 Pac. 874 .

Dowlad

District Court, W.D. Washington · Feb 3, 2026

, 6 the Court must dismiss plaintiffs’ complaints if their claims (1) are frivolous or malicious, (2) fail 7 to state a claim upon which relief may be granted, or (3) seek monetary relief from a defendant 8 who is immune … For that reason, any amended complaint must clearly identify the defendant, the claim 5 asserted, the specific facts that Mr. Dowlad believes support the claim, and the specific relief 6 requested. If Mr.

Washington Independent Telephone Ass'n v. Telecommunications Ratepayers Ass'n for Cost-based & Equitable Rates

75 Wash. App. 356 · Court of Appeals of Washington · Aug 10, 1994

Ct. 1240 (1983), a modified structure for telephone service in Washington State was established. … Thus, if the CCF access line "surcharge” is not a rate charged on persons or businesses, it is clearly not authorized by this statute.

Ainslie v. Moss

191 Wash. 625 · Washington Supreme Court · Sep 23, 1937

This being true, the case at bar is clearly distinguishable from the cases cited by appellant evidencing a constant endeavor to preserve the integrity of a tax deed. … The language objected to with respect to the denial is, “save and except as the same may be hereinafter or in the complaint of the plaintiff admitted, qualified, or explained.”

Starr v. STATE DEPT. OF EMPLOYMENT SEC.

123 P.3d 513 · Court of Appeals of Washington · Nov 22, 2005

"GOOD CAUSE" UNDER RCW 50.20.050 ¶ 15 Starr argues that RCW 50.20.050(2)(b) does not establish an exclusive list of non-disqualifying circumstances. … This subsection contains no additional open-ended circumstance of any type; and it clearly contains no general category entitled "compelling personal reasons," as Starr would have us read into the statute. ¶ 19 On the contrary

State v. Howerton

187 Wash. App. 357 · Court of Appeals of Washington · Mar 30, 2015

For instance, in Z.U.E., the court found one informant’s tip unreliable when the record failed to clearly establish the basis for the informant’s knowledge. Z.U.E., 178 Wn. App. at 785 . … App. at 864 . ¶20 The record here clearly establishes Parks’s basis of knowledge.

State v. Lesnick

84 Wash. 2d 940 · Washington Supreme Court · Jan 7, 1975

Failure to clothe these chattels with the same immunity is, I think, both conspicuous and noteworthy. … The massive quantum of judicial precedent relating to *957 search and seizure, much of it conflicting and irreconcilable, should be returned to its earlier established constitutional line of departure in accordance with the

ZDI Gaming, Inc. v. Washington State Gambling Commission

173 Wash. 2d 608 · Washington Supreme Court · Jan 12, 2012

Additionally, sovereign immunity concerns attach where the state or one of its agencies is named as a party to the suit. … IV, § 6 (establishing jurisdiction of superior courts and authorizing jurisdiction “as may be prescribed by law”); see also Residents Opposed to Kittitas Turbines v.