Case law

Fair v. King County

District Court, W.D. Washington · Apr 25, 2025

Fair contends that he is entitled to summary judgment as to the “clearly 20 established” constitutional right prong of the qualified immunity analysis. Dkt. … Qualified Immunity (No. 4) 2 Fair contends that he is entitled to summary judgment as to the “clearly established” 3 constitutional right prong of the qualified immunity analysis

Association of Washington Spirits & Wine Distributors v. Washington State Liquor Control Board

182 Wash. 2d 342 · Washington Supreme Court · Jan 8, 2015

Applying this principle, it is clear that the provisions of RCW 66.24.055 are geared specifically toward distributors. ¶19 When we consider context, the Initiative clearly created several different licenses; each licensee … . ¶38 The Association cannot establish that the law involves a privilege or immunity.

Silva v. Sanders

District Court, W.D. Washington · Jul 1, 2022

The Court concludes that, as a matter of law, qualified immunity bars 13 Plaintiff’s claim against Defendant and grants summary judgment on that basis. 14 “The doctrine of qualified immunity protects government … clearly established law.

Chang v. Vanderwielen

District Court, W.D. Washington · Apr 14, 2023

clearly established statutory or constitutional rights of 10 which a reasonable person would have known.’” … To determine whether qualified 12 immunity applies, the Court asks “whether (1) the plaintiff has plausibly alleged a violation of a 13 constitutional right, and (2) the constitutional right was ‘clearly established’

Michael Carlson, App/cross-res. v. San Juan County, Res/cross-app.

Court of Appeals of Washington · Sep 2, 2014

As proposed, Council members are qualified by residing in one of three districts, called "residency districts." … Section 4.32 - Legislative Body - Nominations Qualified voters of... the County shall nominate candidates for the Legislative Body.

Zayas v. King County

District Court, W.D. Washington · Aug 23, 2023

9 immunity, which “shields government officials from civil damages liability unless the official 10 violated a statutory or constitutional right that was clearly established at the time of the 11 challenged conduct … To pierce 12 that immunity, Plaintiff must show a violation of a clearly established constitutional right—the 13 “contours of the right must be sufficiently clear that a reasonable official would understand that 14

Edgar v. State

92 Wash. 2d 217 · Washington Supreme Court · May 24, 1979

Further provisions, all found in the then current Air Force Manual, declared that failure to qualify for the program or remain qualified should not be used as a ground for punitive action, and the regulations with respect … The question before the court in Quern, as Justice Brennan's dissent quite clearly points out, was whether the word "person" as used in this statute included states.

Taylor v. Stevens County

47 Wash. App. 134 · Court of Appeals of Washington · Mar 10, 1987

This leaves the question of whether the Taylors have stated sufficient allegations to independently establish a special relationship. … The court clearly stated "Gundersons' liability runs to Radach and the City's duty runs to the Gunder- *141 sons." Radach , at 397.

Sutton v. Hathaway

District Court, W.D. Washington · Nov 4, 2022

that was clearly established at the time of the 19 challenged conduct.” … immunity because there is no clearly established law on how quickly HRT must be prescribed to 11 treat gender dysphoria.

In re the Adoption of S.H.

169 Wash. App. 85 · Court of Appeals of Washington · Jun 26, 2012

“The legislature should define the statutory term prospective adoptive parent, clearly *104 setting forth the prerequisites to become one. … Betty took SH to her physician, with the caseworker’s approval, and the doctor did not give immunizations. Department personnel never mentioned immunizations.

Currier v. Henderson

190 F. Supp. 2d 1221 · District Court, W.D. Washington · Jan 30, 2002

Moreover, the regulations at issue are clearly content-neutral. … Defendants' answer clearly states that "[pjlaintiffs have failed to state a claim upon which relief can be granted.” (Answer at 2.) 9 .

Barstad v. State of Washington

District Court, E.D. Washington · Aug 9, 2022

to qualified 16 immunity. … “The doctrine of qualified immunity protects government officials ‘from 17 liability for civil damages insofar as their conduct does not violate clearly 18 established statutory or constitutional rights of

O'CONNELL v. Conte

76 Wash. 2d 280 · Washington Supreme Court · Jun 19, 1969

We therefore hold that these provisions in the 1967 act are reasonable classifications of persons and estates and are not in violation of the equal privileges and immunities provision of article 1, section 12 of the state … We feel that the director of an institution in the light of his expertise would be the person most qualified to make the determination required by this section of the act.

Brown v. State

924 P.2d 908 · Washington Supreme Court · Oct 17, 1996

Burlington N., Inc., 105 Wash.2d 567 , 716 P.2d 855 (1986) (deed in statutory form grants easement where additional language in the deed expressly and clearly limits or qualifies the interest granted); Veach v. … Rather than identifying the purpose of the conveyances, we must conduct a deed-by-deed analysis to ascertain whether the parties clearly and expressly limited or qualified the interest granted, considering the express language

Christie v. State of Washington Department of Corrections

District Court, W.D. Washington · Aug 26, 2024

Although the qualified immunity 24 doctrine does not “require a case directly on point” to show that a right is clearly established, 1 “existing precedent must have placed the statutory or constitutional question beyond … But because Anthony died less 15 than two years earlier, before the Gordon II court clarified that this right was “clearly 16 established,” qualified immunity takes that decision away from the jury, and the Section

Mills v. Zeichner

District Court, W.D. Washington · Feb 2, 2024

Mills appears to suggest that the cited 4 regulations constitute clearly established law for qualified immunity purposes, but this 5 argument fails. (Mot. at 9-10.) … The qualified immunity analysis asks whether Mr. 6 Zeichner could have known based on clearly established law that his conduct would 7 violate Mr.

Partridge v. City of Seattle

49 Wash. App. 211 · Court of Appeals of Washington · Aug 31, 1987

Clearly, the statute, as amended, includes public landowners and occupiers within the recreational use immunity from liability. McCarver , at 376. … Construing the statute to include constructive knowledge would be contrary to the clearly expressed purpose of RCW 4.24 limiting the liability of landowners.

Tolbert v. Weyrich

District Court, W.D. Washington · Sep 10, 2025

An officer is entitled to qualified 7 immunity as long as their conduct “does not violate clearly established statutory or constitutional 8 rights of which a reasonable person would have known.” Id. … Officers are entitled to qualified immunity if the alleged violation was not a clearly 10 established constitutional or statutory violation.

Carrillo v. City of Ocean Shores

122 Wash. App. 592 · Court of Appeals of Washington · Jul 13, 2004

Thus, Samis and Arborwood control our analysis and dictate the result here. *615 Effect of Sovereign Immunity Doctrine on Award of Interest on Judgment The City also contends that its sovereign immunity bars the trial court … City of Tacoma, 63 Wn.2d 913 , 390 P.2d 2 (1964): “ ‘Municipal corporations enjoy their immunity from liability for torts only in so far as they partake of the state’s immunity, and only in the exercise of those governmental

Roscoe v. City of Everett

136 Wash. 295 · Washington Supreme Court · Oct 13, 1925

plant rather than to the matter of precautions necessary to be taken to secure immunity from pollution. … But the question more clearly is whether, considering the necessarily close relationship between the city health department and the purity of water furnished by the city to its users, it can be found that notice reached the