Case law

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  • Ranger Insurance v. Pierce County

    138 Wash. App. 757 · Court of Appeals of Washington · May 22, 2007

    These bond companies are justified by the Superior Court through an established process designed to show that the company is qualified to conduct business in this field. … McAllister implies that Signature had authority because “[t]hese bond companies are justified by the Superior Court through an established process designed to show that the company is qualified to conduct business in this

    Cited 3 timesPublished
  • State v. Sharpless

    31 Wash. 191 · Washington Supreme Court · Mar 5, 1903

    The legislature may also deem it desirable *197 to prescribe peculiar rules for the several occupations, and to establish distinctions in the rights, obligations, duties, and capacities of citizens.” … The act clearly applies to all incorporated cities and towns, whether incorporated now or hereafter. Ex parte Lucas, supra.

    Cited 30 timesPublished
  • Ryan v. Hansen

    District Court, W.D. Washington · Aug 4, 2020

    force under the circumstances was 6 clearly established in 2017. … Defendant’s Objection 15 Defendant Hansen contends that he is entitled to qualified immunity because it was not 16 “clearly established” at the time of the incident that

    Cited 0 timesUnknown
  • Murray v. State

    62 Wash. 2d 619 · Washington Supreme Court · Aug 1, 1963

    The letter requires the successful bidder to establish a private “mortgagor-builder” corporation under the laws of the state of Delaware, and to qualify it to do business in the state involved. … “The mere fact that the United States owns all the capital stock of these corporations is not alone sufficient to endow them with sovereign immunity, nor do they acquire such immunity merely because they are the medium through

    Cited 13 timesPublished
  • State v. City of Seattle

    94 Wash. 2d 162 · Washington Supreme Court · Aug 14, 1980

    It also established procedures for nominating, designating, and preserving both areas of the city and individual structures as landmarks. … The legislature has clearly shown its intent that the decision-making power as to preservation or destruction of Tract buildings rests with the Board of Regents. See Lend v. Seattle, 63 Wn.2d 664 , 388 P.2d 926 (1964).

    Cited 24 timesPublished
  • State ex rel. Griffith v. Newland

    37 Wash. 428 · Washington Supreme Court · Mar 10, 1905

    electors, and is in conflict with the provis ons of § 12, of art. 1, of the constitution, which provides tl at “no law shall be passed granting to any citizen or class )f citizens . . . privileges or immunities which, up … All the electors in the district certain y and clearly are upon the same terms, and are eligible to the employment.

    Cited 3 timesPublished
  • West v. Mount Vernon Sand & Gravel, Inc.

    56 Wash. 2d 752 · Washington Supreme Court · Sep 22, 1960

    Consequently, under the statute as above quoted, the defendant is clearly immune from civil liability if the plaintiff *754 was in fact’engaged in extrahazardous employment at the time of his injury. Denning v. … The rule establishing the requisite proof to support a conclusion of contributory negligence as a matter of law was set forth by this court in O’Brien v.

    Cited 4 timesPublished
  • Ejonga v. Watanabe

    District Court, W.D. Washington · Oct 19, 2023

    For purposes of qualified immunity, “[a] right is clearly established when it is sufficiently 9 clear that every reasonable official would have understood that what he is doing violates that 10 right.” … Gregoire, 872 17 F.3d 1031, 1034 (9th Cir. 2017) as clearly established law.

    Cited 0 timesUnknown
  • Abel v. Firs Bible & Missionary Conference

    57 Wash. 2d 853 · Washington Supreme Court · Mar 17, 1961

    When the maxim qui facit per alium facit per se is clearly applicable, an agency is established without reference to the right of control. … This immunity of the statute, however, is not available to the Firs because it cannot bring itself within the statutory provisions.

    Cited 9 timesPublished
  • Smith v. State

    135 Wash. App. 259 · Court of Appeals of Washington · Sep 18, 2006

    immunity. ¶15 The trial court dismissed all of the Smiths’ claims. … Doe 22 expressly held that the initial inquiry in determining whether a cause of action exists under 42 U.S.C. § 1983 is whether the statutory language clearly and unambiguously creates a right.

    Cited 10 timesPublished
  • Greensun Group Llc v. City Of Bellevue

    436 P.3d 397 · Court of Appeals of Washington · Mar 4, 2019

    Because 19 qualified applicants sought to open shops in Bellevue, the LCB held a lottery on May 2, 2014. Greensun ranked fifth. … Discretionary Immunity Second, the City argues its actions were privileged based on discretionary immunity. When the legislature passed RCW 4.92.090, it abolished sovereign immunity.

    Cited 34 timesPublished
  • Automotive United Trades Organization v. State

    183 Wash. 2d 842 · Washington Supreme Court · Aug 27, 2015

    The State agrees with AUTO that to qualify as a refund under article II, section 40, a disbursement must be a refund authorized by law. Br. of Resp’ts at 17. … App. 408 , 110 P.3d 1196 (2005). ¶21 More importantly, AUTO has not established that the tribes were legally obligated to pay the tax outside of their contractual agreement to do so.

    Cited 9 timesPublished
  • Herriott v. City of Seattle

    81 Wash. 2d 48 · Washington Supreme Court · Jul 27, 1972

    The act establishes a quota system. Section 1151 (a) sets numerical limitations on the total number of immigrants that may be lawfully admitted. … Stout, Privileges and Immunities of National Citizenship and the Suffrage in the States, 14 U. Pitt. L. Rev. 48 , 69 (1952).

    Cited 21 timesPublished
  • Smith v. State

    144 P.3d 331 · Court of Appeals of Washington · Sep 18, 2006

    , the Adoption Assistance and Child Welfare Act does not create a constitutional right, the Act provides a remedy in the form of an administrative appeal, and the named defendants are entitled to qualified immunity. ¶ 15 … Doe [23] expressly held that the initial inquiry in determining whether a cause of action exists under § 1983 is whether the statutory language clearly and unambiguously creates a right.

    Cited 10 timesPublished
  • City of Wenatchee v. Chelan County Public Utility District No. 1

    181 Wash. App. 326 · Court of Appeals of Washington · May 20, 2014

    It argues that the court more clearly expressed the principle of law necessary to its disposition when it said: [Algona] argues that governmental immunity should not apply because the [King] County operation of a solid waste … Seattle Popular Monorail Authority, 156 Wn.2d 752, 758 , 131 P.3d 892 (2006), our Supreme Court stated that the provision “clearly establishes that the state legislature may delegate to the corporate authorities of municipalities

    Cited 6 timesPublished
  • Lundgren v. Upper Skagit Indian Tribe

    187 Wash. 2d 857 · Washington Supreme Court · Feb 16, 2017

    Both parties recognized the fence as the boundary line and that it had clearly been on the property for much longer than the necessary 10 years. … County of Yakima, Anderson, and Smale establish the principle that our superior courts have subject matter jurisdiction over in rem proceedings in certain situations where claims of sovereign immunity are asserted. II.

    Cited 4 timesPublished
  • Fox v. Fort

    District Court, W.D. Washington · Mar 22, 2022

    No. 1 at 7.) 9 Fort argues that he is entitled to qualified immunity because he did not violate any clearly 10 established right. (Dkt. No. 20 at 16.) … Fort, therefore, is 16 entitled to qualified immunity because his actions did not violate a clearly established right. 17 IV.

    Cited 0 timesUnknown
  • Adamson

    District Court, W.D. Washington · May 6, 2026

    ,” 18 and (2) “whether the right in question was clearly established at the time of the violation.” … Although the qualified immunity doctrine does not 22 “require a case directly on point” to show that a right is clearly established, “existing precedent 23 must have placed the statutory or constitutional question

    Cited 0 timesUnknown
  • State v. Bryant

    146 Wash. 2d 90 · Washington Supreme Court · Apr 4, 2002

    While the ability of the government to compel testimony in exchange for a grant of immunity is now well established, this formal immunity process is cloaked with a high degree of constitutional protection. … Snohomish County had the right to establish that it had obtained evidence wholly independent of the immune statements.

    Cited 29 timesPublished
  • United States v. City of Spokane

    734 F. Supp. 919 · District Court, E.D. Washington · Aug 31, 1989

    Although there is no simple test for ascertaining whether an institution is so closely related to governmental activity as to become a tax-immune instrumentality, the Red Cross is clearly such an instrumentality. … Id. at 106-07 , 92 S.Ct. at 355-56 . (1) The court finds that granting tax immunity to a function of the Red Cross will not establish a new principle of law in light of Department of Employment v.

    Cited 1 timesPublished

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