Case law

State v. Williams

148 Wash. App. 678 · Court of Appeals of Washington · Feb 10, 2009

To qualify as a cohabitant for purposes of common authority, a person must possess equal control over the premises. Id. at 18 (Fairhurst, J., concurring) (quoting State v. … As the facts here clearly demonstrate, however, the officers initially entered Graham’s room with his consent to protect Graham and to aid him in evicting his violent nephew.

Maehren v. City of Kirkland

District Court, W.D. Washington · Jul 8, 2024

Thus, Defendants did not “fail[] to provide due process” by denying Plaintiffs’ 4 a hearing examiner because Plaintiffs clearly had the right to … “The defendant bears the burden of establishing that 11 removal is proper.” Provincial Gov't of Marinduque v. Placer Dome, Inc., 582 F.3d 1083, 1087 12 (9th Cir. 2009).

United States of America, Ex rel. Raju A.T. Dahlstrom v. Sauk-Suiattle Indian Tribe of Washington

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

The court concluded that Defendants failed to establish that the other Defendants 19 shared in the Tribe’s sovereign immunity. … Dahlstrom is so qualified. In any event, Mr.

Johnsen v. Harlan

District Court, W.D. Washington · Dec 10, 2019

Gates, 947 F.2d 1418, 1420 (9th Cir. 1991). 15 Defendant Harlan does not dispute that “pretrial detainees have a clearly established … Harlan cites a 8 number of cases involving high speed chases and life or death situations where courts have 9 immunized officers who had to make snap judgments. See County of Sacramento v.

Anne Jones Obo C.j., V. Maguire Darragh

Court of Appeals of Washington · Jul 28, 2025

The superior court reasoned that DeSean limited a respondent’s resort to criminal law affirmative defenses, but because a respondent’s capacity to commit a legally qualifying act is logically antecedent to an affirmative … DeSean has rejected this analysis, and directly stated that the mention of crime in the SAPOA is “clearly used to provide context for the civil remedy.” 2 Wn.3d at 337.

Joe Wickersham v. State Of Washington

Court of Appeals of Washington · Oct 14, 2019

The court also dismissed the claims against Nishimura and King County.2 And it dismissed on summary judgment the Wickershams’ federal claim under § 1983 because qualified immunity shielded Willette. … do not establish that any defendant deprived them of possession of Maggie.

City of Centralia v. United States Nat. Bank

221 F. 755 · District Court, W.D. Washington · Feb 3, 1915

Upoii the present showing, the complainant clearly had the right to apply the payment made by the bonding company as it did. … The relief sought was that a lien be established on account of the deposited funds “upon all the moneys, dioses in action, and other property in said bank.”

COSMOPOLITAN ENG. GROUP v. Ondeo Degremont, Inc.

149 P.3d 666 · Washington Supreme Court · Dec 28, 2006

RCW 18.27.040(5) establishes bond amounts that must be reserved for residential homeowners. … Kitsap Transit, 125 Wash.2d 456, 463 , 886 P.2d 556 (1994) ("a statute will not be construed in derogation of the common law unless the Legislature has clearly expressed its intention to vary it"); see also Lumberman's of

Saade v. State of Washington Department of Health

District Court, W.D. Washington · Sep 18, 2019

Thus, the Court does not address the issue of 21 whether the Bellevue Defendants are entitled to qualified immunity at this time. 4 These claims are dismissed without prejudice because there could be criminal proceedings … against 4 Defendant Fenimore in his individual capacity is DISMISSED with prejudice. 5 “Conspiracy is not itself a constitutional tort under § 1983 . . . mere proof of a 6 conspiracy is insufficient to establish

First Bank v. Exodus

District Court, W.D. Washington · Apr 8, 2022

(Id.) 9 Defendant objects to Plaintiff’s motion, arguing that: 1) Plaintiff has failed to establish 10 … Conoco, Inc., 41 F.3d 26 27 1 Defendants clearly seek relief pursuant to Rule 56(d), which was formerly Rule 56(f). 1 547, 549 9th Cir. 1994)

Lisa Earl, V. City Of Tacoma, Scott Campbell

Court of Appeals of Washington · Jun 17, 2025

The court concluded that “Campbell is entitled to qualified immunity on the Estate’s excessive force claim, Plaintiffs fail to submit sufficient evidence to establish any substantive due process claim, and Plaintiffs have … failed to establish their negligence claims as asserted in the complaint.”

McKown v. Simon Property Group, Inc.

182 Wash. 2d 752 · Washington Supreme Court · Mar 5, 2015

As for the second certified question, we answer no, as qualified by our discussion to this point. 5 While proving acts of similar violence is not the only way for a plaintiff to establish a duty as provided in the Restatement … “character” is to be established or assessed.

Grandview Inland Fruit Co. v. Hartford Fire Insurance

189 Wash. 590 · Washington Supreme Court · Mar 29, 1937

The line which divides the two kinds of writings has not been clearly defined and cases can be found' which it is difficult to reconcile. In Jackson v. Ely, 57 Ohio St. 450 , 49 N. … writing be construed as a release in the nature of a contract, the appellant nevertheless invokes the general rule that, where in a release there is a particular recital followed by general words, the general words will be qualified

In Re Estate of Ehlers

80 Wash. App. 751 · Court of Appeals of Washington · Mar 5, 1996

The petitioning beneficiary must, however, demonstrate that removal is clearly necessary to save the trust property. In re Estate of Cornett, 102 Wash. 254, 264 , 173 P. 44 (1918). … In order to help ascertain the fair market value of any asset as of the date of the decedent’s death, the personal representative may hire "a qualified and disinterested person . . . .”

Liam Riley v. City of Tacoma

Court of Appeals of Washington · May 20, 2025

The majority opinion also concludes that Riley was not confused despite his testimony, because the City clearly communicated that it needed updated medical questionnaires. … Qualified for Position The City argues Riley failed to show there was a “preexisting vacant position for which he [was] qualified.” Br. of Resp’t at 55.

State v. Williams

142 Wash. 2d 17 · Washington Supreme Court · Oct 19, 2000

Thus the search yielding the contraband at issue was predicated upon and directly flowed from the constitutional *31 infirmity. 6 Although the majority would immunize a search of one’s person for contraband as the fruit of … Such is clearly the predicate to consent required by Ferrier, as fully *35 recognized by the trial court, which suppressed the fruits of the unconstitutional conduct.

Rebecca Nelson v. James Duvall

197 Wash. App. 441 · Court of Appeals of Washington · Jan 3, 2017

night, somewhere between seven and ten shots, which are one and a half ounces each, of hard alcohol with mixers, for a young women of her stature and age is well beyond the legal limit and clearly … when you're a good-looking lady running around on campus.[5] The court denied issuance of the sexual assault protection order checking the box with the form language: "A preponderance of the evidence has not established

Miller v. Argus Publishing Co.

79 Wash. 2d 816 · Washington Supreme Court · Nov 4, 1971

The instruction clearly permitted defendant to argue its theory of this de *823 fense to the jury. … Thus, although it would have been preferable to be more explicit, the failure to qualify the word “truth” each time it appears in the instruction was not error. Hartman v.

Lincoln C. Beauregard v. Mayor Edward Murray

428 P.3d 141 · Court of Appeals of Washington · Oct 8, 2018

Plaintiff was clearly aware that his behavior was the subject of a motion, and, nevertheless, willfully and with a flagrant disregard for established legal norms, continued to file documents that were … After implicitly recognizing that Beauregard's conduct may qualify under an exception clause of RPC 3.6., the court did not frame the issue as whether his extrajudicial statements were proper.

State v. Wilburn

51 Wash. App. 827 · Court of Appeals of Washington · Jun 21, 1988

It is part of my job to advise him of his rights, to determine if he wanted and qualified for court appointed attorney, and to do what we call a "bail study." *832 Q. … Although I recognize that there was error at the trial level, the error was clearly harmless.