Case law

Auto. United Trades Org. v. State

Washington Supreme Court · Aug 27, 2015

First, it contends that to qualify as a refund, the original tax must have been paid even though it was not due. … More importantly, AUTO has not established that the tribes were legally obligated to pay the tax outside of their contractual agreement to do so.

deElche v. Jacobsen

95 Wash. 2d 237 · Washington Supreme Court · Dec 31, 1980

Clearly the current rule has yielded illogical, inconsistent and unjust results. … The system which we now establish balances these competing legsd and societal considerations. It is supported logically, historically, and by fairness.

Selto v. Clark County

District Court, W.D. Washington · Sep 28, 2023

Nevertheless, a court may grant qualified immunity on summary judgment if it 11 determines that the right at issue was not clearly established at the time the events at issue occurred. 12 See Pearson v. … That the Constitution does not permit the use of deadly force under 15 these circumstances was clearly established at the time of these events, and Detective Anderson 16 would not be entitled to qualified immunity.

Oberg v. Department of Natural Resources

114 Wash. 2d 278 · Washington Supreme Court · Mar 15, 1990

It is liable for its established negligence unless the public duty doctrine precludes liability. … because of immunity.

Michaels v. CH2M Hill, Inc.

171 Wash. 2d 587 · Washington Supreme Court · May 26, 2011

Clearly, if no construction was occurring on the campus, the immunity provisions of RCW 51.24.035 would not be at issue. CH2M’s contract with the city contemplated at least two main activities. … The immunity statute at issue addresses both historical bases for liability; it protects design professionals from general liability for work site safety (unless assumed by contract) but clearly recognizes common law liability

State v. Otis

213 P.3d 613 · Court of Appeals of Washington · Aug 11, 2009

patient who is engaged in the medical use of marijuana, or any designated primary caregiver who assists a qualifying patient in the medical use of marijuana, will be deemed to have established an affirmative defense to such … Primary Caregiver ¶ 16 In addition to other requirements under the Act not at issue here, [6] in order for Otis to establish a primary caregiver affirmative defense he must [p]resent a copy of the qualifying patient's valid

Curtis v. Porter

District Court, E.D. Washington · Jun 16, 2020

Curtis fails to present evidence to support a viable First 15 Amendment claim and that Sergeant Porter is entitled to qualified immunity from 16 damages. … Qualified Immunity 2 Qualified immunity shields government actors from civil damages unless 3 their conduct violates “clearly established statutory or constitutional

Ackerman v. Port of Seattle

55 Wash. 2d 400 · Washington Supreme Court · Jan 14, 1960

If any airspace needed for landing or taking off were included, flights which were so close to the land as to render it uninhabitable would be immune. … If any airspace needed for landing or taking off were included, flights which were so close to the land as to render *411 it uninhabitable would be immune.

Roger Leishman v. Ogden, Murphy & Wallace

Court of Appeals of Washington · Oct 21, 2019

A person prevailing upon the defense provided for in this section is entitled to recover expenses and reasonable attorneys’ fees incurred in establishing the defense and in addition shall receive statutory damages … Justice Madsen, however, was not convinced that a “person’s” free speech rights “is dispositive of the question whether a government agency is a ‘person’ qualifying for RCW 4.24.51 0’s immunity from civil liability.”

Greiner v. Wall

District Court, W.D. Washington · Mar 2, 2020

Katz, 533 U.S. 194, 202, 24 (2001), the defendant officer is not entitled to qualified immunity. … Abbasi, 137 S.Ct. at 1866 (2017). 3 The “knock and announce” law has long been clearly-established.

In Re the Appeal of the Tacoma Auto Freight Depot, Inc.

19 Wash. 2d 334 · Washington Supreme Court · Oct 29, 1943

The qualifying shares were owned by the wives of the respective parties in whose names the stock appears on the books of the corporations. … Kitsap County Bank, 10 Wn. (2d) 520, 117 P. (2d) 228 , that, in view of the necessity for an established administrative policy, it would seem that the power of control and control as used in the definition of employer should

Maki v. Bremerton School District

District Court, W.D. Washington · Dec 1, 2020

QUALIFIED IMMUNITY 7 “Qualified immunity is ‘an immunity from suit rather than a mere defense to liability.’” 8 Conner v. … Defendants in a § 1983 action are entitled to qualified immunity unless their 10 conduct violates clearly established statutory or constitutional rights of which a reasonable 11 person would have known. Pearson v.

Benjamin v. Stevens County

District Court, E.D. Washington · Aug 27, 2019

Borders’s conduct 2 violated a clearly established constitutional right. Accordingly, Mr. Walsh and Ms. 3 Borders are entitled to qualified immunity, and the Court grants them summary 4 judgment on Ms. … Borders received qualified immunity and because 20 Ms.

Finley v. Jordan

8 Wash. App. 607 · Court of Appeals of Washington · Apr 2, 1973

It is settled that an intention to pass title to the center line is “always presumed” and that a contrary intent to withhold such title “must clearly appear.” Bradley v. … Finally, Jordan challenges the trial judge’s finding that Jordan did not establish his title to the strip by adverse possession for a 10-year period.

Pappas v. Holloway

114 Wash. 2d 198 · Washington Supreme Court · Mar 1, 1990

The defendants raised the affirmative defense of qualified immunity from suit on the grounds they acted in good faith and on advice of their legal counsel. Hearn , at 577. … Ct. 385 (1947), the United States Supreme Court recognized qualified immunity for an attorney's work product and concluded materials which fell under the doctrine need only be produced upon a substantial showing of necessity

Ducote v. Department of Social & Health Services

167 Wash. 2d 697 · Washington Supreme Court · Dec 17, 2009

There we held that a stepparent who stands in loco parentis to a child is entitled to the same parental immunity as a legal parent. Id. at 151. … In my view, whether a stepparent qualifies should be treated as a question of fact to be determined based on the individual family situation. Here, the plaintiff’s case was dismissed merely because he was a stepparent.

GROUP HEALTH CO-OP. OF PUGET SOUND, INC. v. State Tax Comm'n

72 Wash. 2d 422 · Washington Supreme Court · Nov 2, 1967

Respondent's initial application and continued claim of the pertinent deduction, under the statute as worded by the 1945 legislative amendment, clearly called for and authorized a factual determination and exercise of judgment … Both a tax "exemption," which does not amount to total immunity, and a "deduction" presuppose a taxable status and must be claimed by the taxpayer if he is to benefit from either.

Shopbell v. Washington State Department of Fish and Wildlife

District Court, W.D. Washington · Jul 14, 2020

was clearly established at the time of the incident. … Qualified immunity applies either 14 where there was no constitutional violation or where the constitutional violation was not clearly 15 established. See id.

Braam v. State

150 Wash. 2d 689 · Washington Supreme Court · Dec 18, 2003

immunity in a 42 U.S.C. § 1983 suit. … Whether and when qualified immunity is available to state actors triggers a consideration of issues not before us.

Denton v. Rainer

District Court, W.D. Washington · Aug 30, 2023

immunity because those rights were not clearly established. … Id. 21 Defendants also argue that they are entitled to qualified immunity on Denton’s 22 Due Process claim because it is not clearly established that DOC’s review process for 1 Max custody inmates violates the