Case law

Cunningham v. City of Wenatchee

214 F. Supp. 2d 1103 · District Court, E.D. Washington · Jul 10, 2002

On a motion for summary judgment based on immunity, where the parties do not dispute the material issues of fact, a district court may establish as a matter of law that immunity protects a defendant from damages liability … Since absolute immunity applies to all of the claims against him in the § 1983 action, the defenses of collateral estoppel, judicial estoppel, qualified immunity and proximate cause do not require address in this context.

McClain

District Court, W.D. Washington · Jan 14, 2026

The second step of the qualified immunity analysis 18 provides that defendants are entitled to qualified immunity if their conduct “does not 19 violate clearly established statutory or constitutional rights of which a … Defendant makes no substantive argument with respect to 15 the second prong of the qualified immunity — that the constitutional right was not clearly 16 established.

Spurrell v. Block

40 Wash. App. 854 · Court of Appeals of Washington · Jun 10, 1985

State, 103 Wn.2d 144 , 690 P.2d 1163 (1984), the Supreme Court recognized that police officers have a qualified immunity from false imprisonment claims arising out of everyday operational acts. … We do not suggest, however, that the failure to observe the statute in this case automatically establishes liability; failure to establish immunity does not prove the elements of a claim.

Santiago v. Gage

District Court, W.D. Washington · Nov 15, 2019

. # 52, but the Court need only analyze qualified immunity. 14 The goal of qualified immunity is to shield public officials from civil damages for 15 reasonable mistakes to ensure that the specter of liability … their conduct 24 1 was clearly established at the time.”

Rodarte v. Skagit County

District Court, W.D. Washington · Dec 30, 2021

that right was clearly established at the time of 25 the incident.” … show [that] the [defendants'] conduct violated a constitutional right’ and (2) ‘the right 10 was clearly established’ at the time of the alleged violation.”)

DIST. NO. 1, PAC. COAST, ETC. v. Ward

505 F. Supp. 98 · District Court, W.D. Washington · Jan 6, 1981

There is no question but that they are properly licensed and otherwise qualified for their jobs. … In this case, AS 19.65.010 clearly has the effect of discriminating in favor of ferry employees who reside in Alaska.

Thomas v. Lehman

138 Wash. App. 618 · Court of Appeals of Washington · May 15, 2007

In so doing, however, we do not consider and, instead, reject the DOC’s assertion that public officials are immune from 42 U.S.C. § 1983 civil rights actions. … Neither absolute nor qualified immunity extends to § 1983 suits for declaratory relief such as this one. See, e.g., Orellana v. Kyle, 65 F.3d 29, 33 (5th Cir. 1995), cert. denied, 516 U.S. 1059 (1996); Chrissy F. v.

M.W. v. Department of Social & Health Services

149 Wash. 2d 589 · Washington Supreme Court · Jun 12, 2003

In analyzing whether the caseworker had qualified *600 immunity, the Lesley court reasoned she did not because she failed to follow established procedures when evaluating the Mongolian spots. Lesley, 83 Wn. … This reading of Lesley confuses the analysis for qualified immunity with the scope of the duty.

Tam v. United States

905 F. Supp. 2d 1221 · District Court, W.D. Washington · Oct 26, 2012

Not only is this rule grounded in a long-established common law tradition, it is also justified by modern policy considerations: The modern policy basis justifying sovereign immunity from suit has three principal themes. … CONCLUSION The Government has carried its burden to establish that it has sovereign immunity under the discretionary function exception to the FTCA.

Hildahl v. Bringolf

101 Wash. App. 634 · Court of Appeals of Washington · Jul 28, 2000

The Act established “a system of compulsory state industrial insurance,” under which “all awards are paid from the accident fund.” Greenleaf v. Puget Sound Bridge & Dredging Co., 58 Wn.2d 647, 658 , 364 P.2d 796 (1961). … Nor was Bringolf a qualified self-insurer. U.S. Const, amend XTV, § 1; Wash. Const, art. I, § 12.

Dodge v. Evergreen School District

District Court, W.D. Washington · Jun 25, 2021

Dodge’s First Amendment claim 8 failed because his right to wear his MAGA hat was not so “clearly established” to defeat 9 qualified immunity. (See id.) … First, Defendants 18 make much of the fact that claims involving the Pickering test “will rarely, if ever, be 19 sufficiently ‘clearly established’ to preclude qualified immunity.”

Zion HealthShare, Inc. v. Office of the Insurance Commissioner

Court of Appeals of Washington · Feb 5, 2026

Establishment clause of the United States Constitution The establishment clause of the United States Constitution states, “Congress shall make no law respecting an establishment of religion.” U.S. CONST. amend. … Any religious denomination can qualify as a health care sharing ministry. The seasoning component applies with equal force to all denominations.

Amburn v. Daly

81 Wash. 2d 241 · Washington Supreme Court · Sep 21, 1972

Under the new Law you may establish a valid claim if you worked in Washington during the 1969 calendar year and earned at least $1,050. … As stated before, the presumption is against such an application where no such legislative intent is clearly expressed or to be implied.

Jacques v. Sharp

83 Wash. App. 532 · Court of Appeals of Washington · Sep 9, 1996

State, a recent Supreme Court case that has an important bearing on the question of the qualified immunity of a police officer’s employer. 31 The parties will have the opportunity to address that case and other pertinent … Second, the DVPA provision on qualified immunity is based on RCW 26.50.110(2), which mandates warrantless arrests where the officer has probable cause to believe a criminal violation of an order for protection has occurred

North Western Mortgage Investors Corp. v. Slumkoski

3 Wash. App. 971 · Court of Appeals of Washington · Dec 28, 1970

It is North Western’s position that, even if the facts alleged by the Rowes were true, they do not establish a meritorious defense. … taken the mortgage (armed with the immunities of negotiability) without notice of any “defect in the title of the person negotiating it.”

Alpental Community Club, Inc. v. SGS

154 Wash. 2d 313 · Washington Supreme Court · May 12, 2005

Defendants are not immune from liability for nuisance pursuant to RCW Ch. 7.48 since the forest practice activity of defendants was not established prior to the establishment of the ACC residential subdivision. [7] The trial … When you read that definition, it clearly does not encompass the mere ownership of forest land.

Pierce v. Yakima Valley Memorial Hospital Ass'n

43 Wash. 2d 162 · Washington Supreme Court · Sep 1, 1953

If the facts tending to warrant a public policy declaration in favor of immunity were clearly established and well-recognized, we would expect to find general agreement among the courts in favor of such a policy. … In Rhode Island, the immunity rule is established by statute.- In Maryland, the court-made immunity rule is apparently overcome by statute in cases where the institution carries liability insurance. See Thomas v.

Childs v. Allen

105 P.3d 411 · Court of Appeals of Washington · Jan 11, 2005

Thus, the qualified immunity afforded to DSHS caseworkers does not affect the nature of the immunity granted to a substance abuse evaluator such as Allen. Allen relies on Gustafson v. … Here, there was no reasonable possibility of reversal because Allen was clearly entitled to absolute witness immunity and was not the proximate cause of Childs injuries.

Gossett v. Pierce County

District Court, W.D. Washington · Jun 9, 2020

QUALIFIED IMMUNITY 21 “[Q]ualified immunity protects government officials ‘from liability for civil damages 22 insofar as their conduct does not violate clearly established … “Law is ‘clearly established’ for the purposes of 18 qualified immunity if every reasonable official would have understood that what he is doing 19 violates the right at issue.” Wilk v.

Benshoof v. Ferguson

District Court, W.D. Washington · Jul 12, 2024

immunity or qualified immunity as an 12 attorney representing governmental actors, Seattle Public Schools and Narver. … Plaintiff has not identified any 11 cases demonstrating that the law was clearly established as to any of the alleged constitutional 12. || Violations.