Case law

In Re Detention of Durbin

248 P.3d 124 · Court of Appeals of Washington · Mar 8, 2011

that Durbin met the criteria for commitment as an SVP. ¶ 8 On an ex parte finding of probable cause, the State transferred Durbin to the Thurston County Jail and, on September 30, 2004, Durbin stipulated that the petition established … Thus, the legislature clearly intended that the 2009 amendments apply to individuals in Durbin's position, i.e., individuals awaiting commitment under chapter 71.09 RCW and confined in a secure facility such as the SCC.

Spice v. Internal Revenue Service

District Court, W.D. Washington · Jun 1, 2020

“The doctrine of judicial immunity also applies to court approved attorneys for the 19 trustee.” Id. … The Plaintiff 3 and his counsel have violated Rule 11 by bringing the claims for which this Court clearly does not have subject matter jurisdiction to consider.

American Products Co. v. Villwock

7 Wash. 2d 246 · Washington Supreme Court · Jan 27, 1941

The emancipation of a minor is not to be presumed and must be proved; and the burden of proof is on the father claiming immunity because of it. … However, in the case at bar, the issues were clearly defined by the court, and the instructions are replete with statements to the effect that the respective parties must establish all of the material allegations of their

Hymas v. Barclay

District Court, E.D. Washington · Aug 24, 2020

amount of $1,734,200 against [Defendant] for 5 liquidated and unliquidated damages resulting from his highly vindictive (calling Plaintiff a liar embezzler, etc.), irreparable 6 and clearly … Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir. 2004) 21 (plaintiff bears the burden of establishing a court’s personal jurisdiction over 1 defendants); Fed. R. Civ.

DW Close Co., Inc. v. DEPT. OF LABOR AND INDUS.

177 P.3d 143 · Court of Appeals of Washington · Feb 11, 2008

"An agency acting within the ambit of its administrative functions normally is best qualified to interpret its own rules, and its interpretation is entitled to considerable deference by the courts." … It clearly reflects one view of industry practice and was not "willful and unreasoning and taken without regard to the attending facts or circumstances." Wash. Indep., 148 Wash.2d at 905 , 64 P.3d 606 .

Von Herberg v. City of Seattle

157 Wash. 141 · Washington Supreme Court · May 28, 1930

definitely that municipal officers are proceeding in violation of law, the courts will unhesitatingly interfere, but such violation must clearly and affirmatively appear, and will not be presumed, nor will it be inferred … And *150 as a taxpayer, it seems to have been held plaintiff is without such interest in the special funds as would qualify him to seek the relief for which he prays. Puget Sound P. & L. Co. v.

State v. Osman

157 Wash. 2d 474 · Washington Supreme Court · Aug 3, 2006

Osman further argued that the only way he could receive treatment was if the court imposed a SSOSA because, as a deportable alien, he did not qualify for treatment while in prison, a claim directly contradicted by the PSI … Ed. 2d 786 (1982). f 19 To make his equal protection claim, Osman must first establish his classification by showing he was treated differently from others who were similarly situated.

National Electrical Contractors Ass'n v. Riveland

138 Wash. 2d 9 · Washington Supreme Court · Jun 3, 1999

Rather than the open-ended authority DOC argues for, the Legislature has clearly placed limits on the department’s use of inmate labor. … However, RCW 72.60.102 qualifies that classification providing that inmates employed in classes I, II, and IV are eligible for industrial insurance coverage.

Clark County Public Utility District No. 1 v. Department of Revenue

153 Wash. App. 737 · Court of Appeals of Washington · Dec 15, 2009

Conversely, the Districts maintain that the basic service charges do not qualify as “gross revenue” under the statute. … The Last Antecedent Rule ¶37 The last antecedent rule of statutory construction provides that unless a contrary intent appears in the statute, a qualifying phrase refers to the last antecedent, and a comma before the qualifying

State v. Ross

95 P.3d 1225 · Washington Supreme Court · Mar 5, 2009

We have established that "illegal or erroneous sentences may be challenged for the first time on appeal." Ford, 137 Wash.2d at 477 , 973 P.2d 452 (citing State v. … We also clarified that the term "privileges and immunities" in article I, section 12 pertain only to "`those fundamental rights which belong to the citizens of the state by reason of such citizenship.'"

Stanley v. United States of America

District Court, W.D. Washington · Oct 4, 2023

Expert testimony generally is required to 10 establish the standard of care. Id. at 231-32 (citing Young v. … Ms. 21 Hagberg clearly testified that responsibility for finding Stanley a physical therapist and 22 scheduling his physical therapy sessions was outsourced to a contractor called Seven Corners. 23 The only evidence

State v. Osman

139 P.3d 334 · Washington Supreme Court · Aug 3, 2006

Osman further argued that the only way he could receive treatment was if the court imposed a SSOSA because, as a deportable alien, he did not qualify for treatment while in prison, a claim directly contradicted by the PSI … XIV, § 1). [10] Article I, section 12 states: "No law shall be passed granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which upon the same terms shall not equally belong

John Doe A v. Wash. State Patrol

Washington Supreme Court · Apr 7, 2016

SEX OFFENDER REGISTRY INFORMATION AND ENTERED A PROPERLY TAILORED INJUNCTION When reviewing a trial court order enjoining disclosure under the PRA, "' [w ]e start with the proposition that the act establishes … Specifically, the trial court found that the evidence submitted-declarations by individual class members, class members' parents, and several experts-"establishes that sex offenders who are identified by public disclosure

Elwood v. Dickinson

26 Wash. 631 · Washington Supreme Court · Dec 17, 1901

A trial was had, and a decree in favor of defendants establishing their right to the location, and enjoining the maintenance of the trap constructed by plaintiffs. … This offered finding is clearly supported by the testimony.

Pasco Fruit Lands Co. v. Timmermann

88 Wash. 112 · Washington Supreme Court · Nov 13, 1915

Upon the continued refusal of the appellants to complete the contract, the respondents commenced this action to secure a specific performance of the contract to convey, and to establish their lien upon the land retained by … True, none of appellants5 witnesses were residents of Pasco, but all testified to their knowledge of Pasco lands and qualified as competent to testify as to the amount of water needed on similar lands.

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.

American Plywood Association v. United States

267 F. Supp. 830 · District Court, W.D. Washington · Jun 16, 1967

Plaintiff is a trade association of softwood plywood manufacturers to which, from its organization in 1936 until 1960, the Internal Revenue Service (hereafter IRS) granted tax exemption as a qualified “business league” under … All benefits to individuals derived from such services of plaintiff clearly are incidental to the main purpose of, and reason for, plaintiff’s activity in providing them. In Crooks v.

Outlook Irrigation District v. Fels

176 Wash. 211 · Washington Supreme Court · Jan 22, 1934

On the contrary, a legislative act for that purpose, when clearly within *216 the limits of legislative authority, is of itself of the law of the land.” … Green, supra, and, speaking through Judge Hadley, said: “The whole procedure, including the assessment, foreclosure, and sale, is for the purpose of establishing and enforcing a lien for public revenue, which, under the policy

Wagner v. County of Spokane

District Court, E.D. Washington · Dec 9, 2020

Whitehead, 580 2 F.3d 1087, 1092 (9th Cir. 2009). 3 The individual Defendants assert that they are entitled to qualified immunity 4 on all claims. … To determine the applicability of 5 qualified immunity, the court must decide (1) whether the defendant’s conduct 6 violated a constitutional right; and (2) whether the identified constitutional right was 7 clearly

Timothy White, V Clark County

Court of Appeals of Washington · Jun 30, 2015

Scanned images of pre -tabulated election ballots clearly qualify as electronic records of the choices of an individual voter. … But Servais and Hoppe do not address whether regulations can qualify as " other statutes" that can create a PRA exemption.