Case law

Miotke v. City of Spokane

101 Wash. 2d 307 · Washington Supreme Court · Mar 15, 1984

Spokane's sewer system was established in 1890, and has been expanded significantly since that time. … Plaintiffs clearly satisfy all three criteria identified in PUD 1 v.

State v. Shea

78 Wash. 342 · Washington Supreme Court · Feb 28, 1914

None of this evidence was controverted, and we think it clearly tended to establish the fact that the prosecuting witness paid this money on a promise of protection to be secured through the appellant’s relations with the … This evidence falls within the well established exception to the rule excluding evidence as to other criminal acts.

Kerry L. Erickson, V. Pharmacia Llc.

548 P.3d 226 · Court of Appeals of Washington · May 1, 2024

Perrillo was qualified to testify about neuropsychological effects of PCB exposure. Under ER 702, a witness may qualify as an expert “by knowledge, skill, experience, training, or education.” … As an example, a nonphysician may qualify as an expert to testify in a medical malpractice case. Id.

Marks v. Inslee

District Court, E.D. Washington · Jul 8, 2021

Qualified Immunity 16 Defendants argue that even if Marks stated a viable constitutional claim, 17 Defendant Uttecht is entitled to qualified immunity because the … “Because the 5 premise of qualified immunity is that state officials should not be liable for money 6 damages absent fair warning that their actions were unconstitutional, the clearly 7 established law standard ‘requires

State v. Fabbri

98 Wash. 207 · Washington Supreme Court · Aug 29, 1917

It is argued in appellant’s behalf that the words “with intent to sell,” etc., re *209 fer to and qualify the words “manufacture, . . . any intoxicating liquor,” as well as the words “keep any intoxicating liquor.” … Those rights are best secured, in our government, by the observance, upon the part of all, of such regulations as are established by competent authority to promote the common good.

DeFunis v. Odegaard

82 Wash. 2d 11 · Washington Supreme Court · Mar 8, 1973

These “close cases,” — i.e., where the applicant was neither clearly outstanding nor clearly deficient — required the most effort of the committee. … Const, amend. 14, and the privileges and immunities clause of Const, art. 1, § 12, have the same import, and we apply them as one. Markham Adv. Co. v.

Esparza v. Skyreach Equipment, Inc.

15 P.3d 188 · Court of Appeals of Washington · Dec 26, 2000

The court then prohibited Skyreach from arguing that JLG Industries, Inc., was a nonparty entity to which the jury could allocate fault because the evidence did "not establish that the machine was defective either in design … each other and serve the same purpose—prompt payment of benefits to the injured worker and immunity from allocation of fault to the employer.

City of Seattle v. Cottin

144 Wash. 572 · Washington Supreme Court · Aug 9, 1927

remove such person to such hospital, *574 sanitarium, separate house, or such place as has been designated by the commissioner of health, or as may be by law or ordinance provided therefor, it shall be his duty to forthwith establish … Appellant contends that, having been legally qualified to practice a certain system of healing, under cer *576 tain statutes relating thereto, he is entitled to be included within the class known as physicians and within

Dan Young, V. Todd S. Rayan

Court of Appeals of Washington · Jul 24, 2023

As applied to witnesses, the privilege is sometimes referred to as witness immunity, and under it, “[a]s a general rule, witnesses in judicial proceedings are absolutely immune from suit based … Bender, however, discussed the difference between doctrines of absolute and qualified (and discretionary) immunity in the abstract, not as applied to any particular set of facts. 99 Wn.2d at 600.

Joyce Kelley v. Pierce County, Mark Skagren & "jane Doe" Skagren

Court of Appeals of Washington · Feb 20, 2014

immunity to GALs in the past and ( 2) the face of Kelley' s complaint establishes that quasi-judicial immunity applies here. … complaint establishes that quasi-judicial immunity applies; and ( 3) Kelley' s previous protection order litigation establishes that quasi-judicial immunity applies. 3 We hold that Skagren is not entitled

Peterson v. City of Yakima

District Court, E.D. Washington · Jun 23, 2022

to 6 qualified immunity. … “Only when an officer’s conduct violates a clearly 12 established constitutional right—when the officer should have known he was 13 violating the Constitution—does he forfeit qualified immunity.”

Cheesman v. DSHS Region 1/DCFS Childrens Administration

District Court, E.D. Washington · Jan 27, 2021

that Defendant’s conduct did not violate a constitutional right, or (2) the right was 9 not clearly established at the time of the violation. … immunity because at the time of the 10 incident in question, it was clearly established a state official violates a parents’ 11 Fourteenth Amendment substantive due process rights when it causes medical 12 examinations

Immelt v. State of Washington Department of Licensing Real Estate Appraiser Program

District Court, W.D. Washington · Jan 7, 2022

Immelt has not established that 14 the WAC regime supporting that decision was unconstitutional, and she has not 15 addressed or demonstrated that defendants’ the decision violated “clearly established” 16 constitutional … Sharp and McCowan are entitled to qualified 19 immunity on any damages claim Immelt asserts against them personally.

Orozco v. Yakima Sheriff's Office

District Court, E.D. Washington · Mar 28, 2024

Defendants argue each officer is entitled to qualified 6 immunity. 7 To establish a claim under §1983, a plaintiff must establish (1) a deprivation … 17 arrest Plaintiff and hence they are entitled to qualified immunity. 18 4.

Mallon

District Court, E.D. Washington · Jun 18, 2026

unlawfulness of 5 their conduct was ‘clearly established at the time.’” … ’] conduct was clearly established at the time.”

Sina Ghodsee, V. City Of Kent, Et Ano

508 P.3d 193 · Court of Appeals of Washington · Apr 18, 2022

This differs from sovereign immunity, which denies all liability. Id. … Ghodsee must demonstrate gross negligence in order to overcome immunity.

Buchanan v. Simplot Feeders LP

952 P.2d 610 · Washington Supreme Court · Mar 19, 1998

This condition also suggests an established farm may not be able to institute a new or radically expanded "activity" and maintain nuisance immunity, because the language of the statute focuses on agricultural activity that … has been established prior to the urban encroachment.

Huffine v. California State University-Chico (In Re Huffine)

246 B.R. 405 · United States Bankruptcy Court, E.D. Washington · Mar 10, 2000

In order to effectuate a waiver of sovereign immunity, the congressionally imposed condition that the state do so must be clearly expressed. … A cursory reading of Atascadero and Seminole would seem to imply that, even when acting pursuant to its spending power, Congress must clearly express in the statutory language the condition that sovereign immunity be waived

American Honda Motor Co. v. City of Seattle

167 Wash. App. 578 · Court of Appeals of Washington · Apr 2, 2012

The taxpayer has made a claim that some of their sales are not subject to the Seattle B&O tax because they qualify for an import exemption or deduction. … As soon as the journey began, tax immunity attached.” Wash.

Lowy v. PeaceHealth

174 Wash. 2d 769 · Washington Supreme Court · Jun 21, 2012

Lowy responds that “review” clearly refers to external review, and the statute does not prohibit the hospital from examining its own records. … ] are privileged and immune from discovery.” CP at 18. The hospital was incorrect.