Case law

Tift v. Snohomish County

764 F. Supp. 2d 1247 · District Court, W.D. Washington · Jan 24, 2011

Having determined that violations of plaintiffs Fourth Amendment rights could be established on a favorable view of plaintiffs evidence, the Court must determine whether the right was clearly established. … The Court finds that the factual disputes prevent the Court from ruling as a matter of law that the officers are entitled to qualified immunity.

Brooke Howell v. Dep't of Soc. & Health Servs.

436 P.3d 368 · Court of Appeals of Washington · Mar 12, 2019

It did argue, and argues on appeal, that discretionary immunity bars Ms. Howell’s claim. … If all of the preliminary questions can be clearly and unequivocally answered in the affirmative, then the challenged act, omission, or decision can, with a reasonable degree of assurance, be classified as a discretionary

Momah v. Bharti

144 Wash. App. 731 · Court of Appeals of Washington · Apr 28, 2008

Once the plaintiff has established a prima facie case of defamation, the defendant can raise either an absolute or qualified privilege to defend against liability for defamatory statements. See Bender v. … “An absolute privilege or immunity is said to absolve the defendant of all liability for defamatory statements.

Green v. United States of America

District Court, W.D. Washington · Aug 12, 2024

In addition, 11 claims against many of the defendants, at least as pleaded, are invalid. 12 For example, the United States is immune, absent a waiver of sovereign immunity. Tobar 13 v. … Finally, qualified immunity “shields [government officials] from civil 20 damages liability unless the official violated a statutory or constitutional right that was clearly 21 established at the time of the challenged

San Juan County v. No New Gas Tax

160 Wash. 2d 141 · Washington Supreme Court · Apr 26, 2007

According to well established law of this court, such an enjoined party is entitled to attorney fees. See also CR 65(c). ¶58 We held in Ino Ino, Inc. v. … No. 94-1558, at 9 (1976)), superseded by statute as to judicial immunity as stated in Kampfer v. Scullin, 989 F. Supp. 194 (N.D.N.Y. 1997)).

Gilbert H. Moen Co. v. Island Steel Erectors, Inc.

128 Wash. 2d 745 · Washington Supreme Court · Mar 7, 1996

The construction industry in particular would suffer, for it is in this industry that we see most clearly the importance of the precise allocation of risk as secured by contract. … We hold Moen’s settlement with Hotchkiss did not conclusively establish that Moen’s payment was for its sole negligence. 3.

Loeffelholz v. CITIZENS FOR LEADERS

82 P.3d 1199 · Court of Appeals of Washington · Mar 2, 2004

The second is that the defendant prevail by establishing immunity. … Nor will the record support a finding that $50,000 was reasonably incurred to establish a single defense (immunity) to a single claim (the IA defamation claim).

Farson v. City of Lake Stevens

District Court, W.D. Washington · Feb 3, 2023

When a rule is merely “suggested” by precedent, it is 16 not clearly established. Id. at 590. … Officer Wells is therefore not entitled to qualified immunity on this portion 7 of Mr.

State v. Carothers

84 Wash. 2d 256 · Washington Supreme Court · Aug 15, 1974

The evidence concerning the condition of the bodies and the premises established beyond any doubt that such crimes had been committed. The only question was whether the petitioner was guilty of them. … The petitioner’s proposed instruction would have qualified the word “accomplice” with the phrase “or one who claims to be an accomplice.”

Humes v. Fritz Companies, Inc.

125 Wash. App. 477 · Court of Appeals of Washington · Jan 31, 2005

But the Price decision makes it clear that immunity and incapacity are different concepts and that immune entities can be capable of fault. … The Tribe is a juridical being clearly capable of fault.

Gill v. Magan

District Court, W.D. Washington · Mar 11, 2021

Qualified Immunity 22 Defendants ask for the Court to grant summary judgment on the basis of qualified 23 immunity. … The law was clearly 22 established that warrant affidavits could not contain reckless omissions or false statements.

Chen v. D'Amico

District Court, W.D. Washington · Dec 20, 2019

These actions are entitled only to a 13 determination of qualified immunity. … the right at issue was “clearly 1 established” at the time the defendant engaged in the misconduct.

King County v. Central Puget Sound Growth Management Hearings Board

138 Wash. 2d 161 · Washington Supreme Court · Jun 10, 1999

The County further argued that the UGA provisions in the CPPs were not internally inconsistent and clearly mandated that the Bear Creek area be designated a UGA. … It held that CPPs may be directive and that King County’s CPPs clearly mandated that the Bear Creek area be designated urban.

Tekoa Construction, Inc. v. City of Seattle

56 Wash. App. 28 · Court of Appeals of Washington · Nov 13, 1989

The ordinance expressly provides that "removal of all or any part of a principal structure or destruction by fire or act of nature on or after the effective date of this Ordinance, shall not qualify the lot for the minimum … In Washington, an approved plat is immune from zoning changes for a period of 5 years from the date of filing the final plat. RCW 58.17.170.

State v. Peterson

498 P.3d 937 · Washington Supreme Court · Nov 18, 2021

RCW 69.50.410(6) (“Any person . . . who voluntarily applies . . . shall be immune from prosecution.”). … While on their faces, there is some tension between the statutes, when read in its historical context, RCW 69.50.410(3)(a) establishes a mandatory minimum sentence that works in tandem with the sentencing schema established

Gamboa v. Clark

180 Wash. App. 256 · Court of Appeals of Washington · Mar 25, 2014

No Washington decision has ever examined the scope of unobjected-to use that is “otherwise explained” and therefore immune from the shifting presumption. … But the qualifier is reasonably read as contemplating exceptions like the exception for vacant land that was relevant in Northwest Cities.

Belo Management Services, Inc. v. Click! Network

184 Wash. App. 649 · Court of Appeals of Washington · Nov 25, 2014

Moreover, the broadcasters failed to establish the requirements for an injunction under the PRA. … Public Interest ¶29 Tacoma News asserts that the broadcasters failed to demonstrate that disclosure would clearly not be in the public’s interest.

Wagner v. United States

353 F. Supp. 3d 1062 · District Court, E.D. Washington · Nov 16, 2018

Supreme Court explained: A waiver of the Federal Government's sovereign immunity must be unequivocally expressed in statutory text. … Clearly, it does not match the disallowed refund claim of $524,364. This appears to be nothing more than an arbitrary number that the United States is now seeking to use to reduce Plaintiffs' claim before this Court.

Unemployment Compensation Department v. Hunt

22 Wash. 2d 897 · Washington Supreme Court · Apr 24, 1945

That the legislature can redefine any known and accepted entity in the application of the law by inserting said redefinition in the body of the Act without the fact of such insertion being clearly expressed in the title of … service is performed, or that such service is performed outside of all the places of business of the enterprises for which such service is performed; and “(in) Such individual is customarily engaged in an independently established

State v. Reed

75 Wash. App. 742 · Court of Appeals of Washington · Sep 12, 1994

Hull, 78 Wn.2d 984, 989 , 481 P.2d 902 (1971) (a police promise that a cooperative witness would not have to testify was held unenforceable because the police had no authority to grant such immunity). 2 The record is sufficient … Deputy prosecutors and special deputies must be similarly qualified.