Case law

Moore v. Firth

District Court, W.D. Washington · Jul 10, 2020

Qualified Immunity 16 Defendants also contend that they are entitled to qualified immunity. … “Government 17 officials performing discretionary functions [are entitled to] a qualified immunity, shielding them 18 from civil damages liability as long as their actions could reasonably have been thought 19 consistent

JE Dunn Northwest, Inc. v. DEPT. OF LABOR & INDUSTRIES

156 P.3d 250 · Court of Appeals of Washington · Apr 16, 2007

All four violations qualified as serious violations of the Department's safety regulations. 1. Oversight of J.E. … However, that provision clearly places the burden on the employer to present evidence of the effectiveness of its safety program to the Department.

In Re the Determination of the Rights Ex Rel. the Waters of Sinlahekin Creek

162 Wash. 635 · Washington Supreme Court · May 15, 1931

The lands of the reclamation district were decreed to be in class 15, and it was accordingly awarded right in the waters of Sinlahekin creek to the extent of 200 cubic feet per second for 10,000 acres of land, qualified as … We think the decree has worked as nearly exact justice as it is possible under the much involved, and, in *644 many particulars, not in this record clearly proven, facts.

Modern Supply Co. v. Federal Savings & Loan Insurance

50 Wash. App. 194 · Court of Appeals of Washington · Dec 30, 1987

Thus we conclude that Congress clearly expected *209 creditors' suits against FSLIC as receiver to be heard and adjudicated in court. Morrison-Knudsen Co., at 1221. … It has not established its case. [ North Miss.

Omega National Insurance v. Marquardt

115 Wash. 2d 416 · Washington Supreme Court · Oct 25, 1990

This court considers the equal protection clause of the fourteenth amendment to the United States Constitution cOid the privileges and immunities clause of the Washington Constitution substantially identical and they are … The facts of the Calfarm case are clearly distinguishable from those of the present case in that nothing in the rule challenged in the present case forces insurers to write polices for which they do not receive a fair return

Cowan v. C., M., ST. P. & PAC. R.

55 Wash. 2d 615 · Washington Supreme Court · Feb 11, 1960

The party producing the witness must show he is qualified. Tully v. … Even if erroneous, it was not prejudicial, because the basic facts of the plaintiff's case were established by other testimony without the opinion of Kusian as to the concentration of the gas.

Dore v. Kinnear

79 Wash. 2d 755 · Washington Supreme Court · Oct 14, 1971

Ses., ch. 282, § 4, p. 2745, the King County Assessor submitted a comprehensive revaluation plan to the Department of Revenue in order that King County may qualify for funding of the revaluation program. … This purpose is clearly defined in RCW 84.41.010 which declares in part: Traditional public policy of the state has vested large measure of control in matters of property valuation in county government, and the state hereby

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.

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.

Fields v. Wash. Dep't of Early Learning

434 P.3d 999 · Washington Supreme Court · Feb 21, 2019

. ¶ 48 However, the hearings Fields has been given clearly satisfy the requirements of procedural due process. … Fields does not currently have a CROP, and whether or not Fields would qualify for a CROP is an open question.

Francom v. Costco Wholesale Corp.

98 Wash. App. 845 · Court of Appeals of Washington · Jan 13, 2000

Whether and in what circumstances a company can make this the exclusive channel for complaints about harassment we need not decide in this case; but what is certain is that if the company fails to establish a clearly marked … However, in Wheeler the employer’s liability for handicap discrimination was based on its failure to rehire the plaintiff to positions for which she was qualified. Id. at 561-65.

State ex rel. Munroe v. City of Poulsbo

109 Wash. App. 672 · Court of Appeals of Washington · Jan 4, 2002

And, as Munroe argues, we will not construe a statute in derogation of the common law absent a clearly expressed legislative intent to do so. Price v. Kitsap Transit, 125 Wn.2d 456, 463 , 886 P.2d 556 (1994). … Nothing in these statements suggests a qualified resignation or an expectation of formal action by the Council to accept her “tender.”

Francom v. Costco Wholesale Corp.

991 P.2d 1182 · Court of Appeals of Washington · Feb 29, 2000

Whether and in what circumstances a company can make this the exclusive channel for complaints about harassment we need not decide in this case; but what is certain is that if the company fails to establish a clearly marked … However, in Wheeler the employer's liability for handicap discrimination was based on its failure to rehire the plaintiff to positions for which she was qualified. Id. at 561-65 , 829 P.2d 196 .

Zayas v. Hunter

District Court, W.D. Washington · Sep 30, 2022

But Plaintiff does not 8 clearly identify which actions violated her claimed constitutional rights, relying only on 9 generalities. … This is often accomplished by (1) pointing to an 8 express policy, (2) establishing a custom or practice that is akin to a policy, or (3) establishing 9 that the entity’s inaction is akin to affirmative adoption of

State ex rel. Reed v. Jones

23 L.R.A. 340 · Washington Supreme Court · Jun 5, 1893

Such consequences would *473 be a large price to pay for immunity from the possible abuse of authority by the high officers who are, as we think, charged with the duty of certifying to the public the fact that a statute has … Starne, 35 Ill. 136 , seems to clearly indicate that he regretted that a different rule had not been adopted by the courts of that state.

Guijosa v. Wal-Mart Stores, Inc.

6 P.3d 583 · Court of Appeals of Washington · Aug 11, 2000

RCW 9A.16.080 clearly provides that a storeowner may detain a suspected shoplifter and wait for the police to arrive, without facing criminal liability. … Wal-Mart clearly raised the issue, and, as a j.n.o.v. is the correct remedy, we need not address any issue of waiver.

Bowles v. Inland Empire Dairy Ass'n

53 F. Supp. 210 · District Court, E.D. Washington · Dec 27, 1943

That is, the total price and the bonus may not exceed the maximum price thus established.” … In the light of this background, the Court would not be justified in so concluding without a more clearly expressed indication of Congressional intent.

State v. Peerson

62 Wash. App. 755 · Court of Appeals of Washington · Sep 9, 1991

Peerson, under 24-hour police surveillance in his hospital room, was clearly in custody. … We are also unable to review his argument that the prosecutor, in allegedly requesting the trial court in the jury's presence to grant Wiren immunity, vouched for Wiren's credibility.

State Of Washington v. Peter Davis

Court of Appeals of Washington · Jul 9, 2013

Specifically, Davis argues that he did not have a full understanding of his plea due to the trial court's failure to establish that he had two qualifying prior convictions for violating a court order, which is a requisite … Davis contends that the trial court failed to establish a factual basis for his guilty plea because his criminal history stipulation did not specify that his prior convictions for violating a court order were qualifying

In Re the Salary of the Juvenile Director

87 Wash. 2d 232 · Washington Supreme Court · Jun 24, 1976

When the director was hired in 1973, his initial salary was established by agreement between the State, County, Superior Court, and the director. … No showing was made that other qualified employees could not be obtained at the salary established by the county commissioners. In 1974, when the director was hired, 13 applicants sought the position.