Case law

Andrea Moore, V. State Of Washington Dept Of Corrections

Court of Appeals of Washington · Feb 10, 2026

Second, DOC argued that it has immunity for its decisions related to supervision of parolees. … Additionally, DOC argued that it had qualified immunity for its “quasi-judicial functions.” CP at 25.

State v. Wilson

181 P.3d 887 · Court of Appeals of Washington · Apr 24, 2008

Richards was qualified to proceed. RP (Mar. 22, 2005) at 5. The court suggested that Ms. Richards should brainstorm with someone who had more trial experience. … Crice would be called as a witness and that she had been granted immunity.

State v. Larson

184 Wash. 2d 843 · Washington Supreme Court · Dec 24, 2015

As an example, we point to RCW 9A.52.060, also discussed further below, in which the legislature clearly criminalized possession of burglar tools “under circumstances evincing an intent to use” and “knowing that the same … But in Cenatis , use of a “booster bag” was found to qualify as an “antishoplifting or inventory control device countermeasure.” Cenatis, 120 So. 3d at 43-44 .

Montgomery v. USAA Casualty Insurance Company

District Court, E.D. Washington · Mar 30, 2021

At such hearing, the Party designating 13 the information as Confidential Material shall have the burden to establish that Party’s 14 … 3 of this Agreement 18 and Order, the Party shall provide to the Qualified Person a copy of this Agreement and Order and each Qualified Person shall execute a copy of the 19

State v. McAlpin

36 Wash. App. 707 · Court of Appeals of Washington · Feb 21, 1984

Deputy Sheriff Nichols and a reserve deputy named O'Neill, both qualified emergency medical technicians, overheard the dispatch and responded to the call believing they would be able to assist. … We first address McAlpin's contention that the elements of the "plain view" exception to the Fourth Amendment were not established by the evidence presented.

State v. We

138 Wash. App. 716 · Court of Appeals of Washington · May 22, 2007

Evidence is admissible under ER 702 if the witness qualifies as an *725 expert and the expert testimony would be helpful to the jury. State v. Baird, 83 Wn. … We must establish both deficient performance and resulting prejudice. McFarland, 127 Wn.2d at 334-35 .

Godefroy v. Reilly

146 Wash. 257 · Washington Supreme Court · Jan 3, 1928

as an expert to testify as to the market values, and affirmatively disclosed that he could have no such knowledge as would qualify him to testify on that question. … Business Property Security Co., 87 Wash. 627 , 152 Pac. 334 , was another case where a depart *271 ment of the concern’s business was clearly the repair of buildings, which was one of the occupations included in the act.

Young v. Pena

District Court, W.D. Washington · Oct 9, 2019

. ## 50, 53.) 19 The Ninth Circuit has held that district courts have discretion to entertain successive 20 motions for summary judgment, independent of whether the motions involve qualified immunity. 21 See Hoffman … Id. at *4. 9 Defendants’ second motion for summary judgment does not clearly articulate the reasons 10 why the Court should exercise its discretion to consider their repetitive dispositive

SUNDERLAND FAMILY TREATMENT v. City of Pasco

26 P.3d 955 · Court of Appeals of Washington · Jul 3, 2001

The court further concluded that the denial of the SUP constituted a clearly erroneous application of the law to the facts. … PMC 22.35.010 states the purpose of the home occupation chapter as follows: "A home occupation chapter is established to provide a means whereby the conduct of business may be permitted as a use accessory to an established

City of Fircrest v. Jensen

143 P.3d 776 · Washington Supreme Court · Oct 5, 2006

This rule is well established. … The appellant's argument is without merit. ¶ 23 The foundational requirements to establish the admissibility of breath tests were first established in Baker .

Schrom v. Board for Volunteer Fire Fighters

153 Wash. 2d 19 · Washington Supreme Court · Nov 18, 2004

The executive secretary of a labor guild, association or organization (which is an employer under RCW 41.26.030(2) as now or hereafter amended), if such individual has five years previous membership in a retirement system established … The court also concluded that Campbell’s activities did not qualify as a fire fighter, but the court offered no support for this conclusion. See Campbell, 111 Wn. App. at 420-21 .

Ramsdell v. North River School District No. 200

104 Wash. 2d 264 · Washington Supreme Court · Aug 8, 1985

To qualify for attending Cosmopolis schools, the children resided with their uncle, a Cosmopolis resident, during the week and returned home for the weekends. On August 11, 1982, Mr. and Mrs. … To do this we apply the "clearly erroneous" standard of review. Renton Educ. Ass'n v. Public Empl. Relations Comm’n, 101 Wn.2d 435, 440-41 , 680 P.2d 40 (1984) (citing RCW 34.04.130(6)(e) and Franklin Cy.

Jackson v. Welborn

District Court, W.D. Washington · Apr 27, 2023

This provision clearly 26 applies to this complaint because the non-conclusory allegations establish all of the 27 … Varney, 665 F.2d 261, 266 (9th Cir. 1981) 27 (holding that the “filing of a criminal complaint immunizes investigating officers ... from 1

State v. Superior Court

77 Wash. 593 · Washington Supreme Court · Jan 28, 1914

It is also provided that, if a general indebtedness is to be incurred in the acquisition of the utility so provided for, the terms of such indebtedness shall likewise be submitted to the qualified voters at such election … condemnation of “all such franchises or operating rights if any, privileges, easements, and other private rights or interests therein, if any, save as set forth in section 2 hereof” of the railways necessary to be taken for the establishment

State v. Barron

160 P.3d 1077 · Court of Appeals of Washington · Jun 18, 2007

Clearly, "should" is not "shall." The consent letter uses both terms and could have used "shall" had the parties intended the notice requirement to be mandatory rather than merely directive. In Tennant v. … RCW 10.93.020(5) states that a reserve officer is a "[s]pecially commissioned Washington peace officer" and "does not qualify under this chapter as a general authority Washington peace officer."

St. Joseph Hospital & Health Care Center v. Department of Health

125 Wash. 2d 733 · Washington Supreme Court · Jan 26, 1995

To qualify as "aggrieved or adversely affected”, a person must satisfy three conditions: (1) The agency action has prejudiced or is likely to prejudice that person; (2) That person’s asserted interests are among those that … While the Legislature clearly wanted to control health care costs to the public, equally clear is its intention to accomplish that control by limiting competition within the health care industry.

Peterson v. Hagan

56 Wash. 2d 48 · Washington Supreme Court · Apr 14, 1960

Instead, it immunized employers covered by the federal act from state regulation and thus denied to small employers the equal protection of the laws. … Very clearly, the Federal Act could only be permissive — never mandatory.

State v. Roberts

14 P.3d 713 · Washington Supreme Court · Feb 2, 2001

of an establishment where he was known. … This rule has been applied when the evidence clearly establishes that the murder was committed in the course of a felony that would serve as a predicate for a charge of felony murder in the first degree.

Port of Seattle v. State, Dept. of Revenue

1 P.3d 607 · Court of Appeals of Washington · Jun 9, 2000

The Department concluded that the Sea-Tac airport did not qualify for the tax treatment provided in RCW 82.04.050(7). … Further, while tax statutes generally are interpreted in favor of the taxpayer, exemption statutes are construed strictly against the taxpayer, and the taxpayer has the burden of establishing any exemption.

In re Det. of Marcum

Washington Supreme Court · Aug 3, 2017

The "higher management setting" referenced in the above passage clearly refers to the Special Commitment Center, at which Marcum is now detained. … Yet this trial for unconditional release stems entirely from the fact that Marcum may qualify for conditional release to an LRA.