Washington Immunity Law
 

Gregory E. Stovall v. United States of America d/b/a United States Postal Service

Seattle, Washington personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Claims Act auto negligence theory.

"The Federal Tort Claims Act (FTCA) is a crucial piece of legislation that allows individuals to sue the United States government for certain negligence-based causes of action. Here's a deeper dive into its key aspects:

Basics ... More...
   $1 (12-08-2023 - WA)

Monet Carter-Mixon, as Personal Representative of the Estate of Manuel Ellis, et al. v. City of Tacoma, et al.

Tacoma, Washington personal injury wrongful death lawyers represented the Plaintiff who sued the Defendants on civil rights violation theories claiming that Tacoma Police Officers Christopher Burbank, Matthew Collins and Masyth Ford used excessive force when they attempted to arrest him in 2021.

The Complaint:

Plaintiffs, MONET CARTER-MIXON as Personal Representative of the ESTAT... More...
   $4000000 (07-11-2023 - WA)

R.W. v. Columbia Basin College

Richland, Washington employment law lawyers represented the Plaintiff who sued the Defendant on a Family Medical Leave Act violation theory.


R.W., a nursing student at Columbia Basin College, revealed to his doctor that he had homicidal ideations and that he imagined killing his teachers. Upon learning this information from the doctor and conducting further investigation, the Colle... More...
   $0 (12-08-2023 - WA)

Delaura Norg, et al. v. City of Seattle

Seattle, Washington personal injury lawyers represented Plaintiffs who sued Defendant on a governmental tort claims act negligence theory.

MoreLaw Legal News For Seattle

Delaura Norg called 911 seeking emergency medical assistance for her husban... More...
   $0 (01-12-2023 - WA)

STillaguamish Tribe of Indians v. State of Washington





In an effort to engineer federal jurisdiction, the Stillaguamish Tribe of Indians (“the Tribe”) sued the State of Washington in federal court, seeking a declaration that the Tribe’s sovereign immunity barred any lawsuit arising from a particular contract wit... More...
   $0 (01-22-2019 - WA)

Eva Moore v. John Urquhart

Western District of Washington Federal Courthouse - Seattle, Washington

This is a class action challenging the constitutionality of
a Washington statute that allows tenants to be evicted from
their homes without a court hearing. Plaintiffs seek
declaratory and injunctive relief against the Sheriff of King
County, whose office enforces the challenged statute by
executing the eviction orders. The district court dismissed
the action with prejudice... More...
   $0 (08-19-2018 - WA)

Mickey Fowler v. Tracy Guerin

Western District of Washington Federal Courthouse - Seattle, Washington

Washington public school teachers Mickey Fowler and Leisa Maurer bring this class action to order the Director of the Washington State Department of Retirement Systems (“DRS”) to return interest that was allegedly skimmed from their state-managed retirement accounts. The district court denied the stipulated motion to certify a class and then dismissed the action as prudentially unripe. We conclude... More...    $0 (08-19-2018 - WA)

Angel Mendez and Jennifer Lynn Garcia v. County of Los Angeles, et al.

Central District of California Federal Courthouse - Los Angeles, California

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On remand from the United States Supreme Court we are tasked with deciding whether the unlawful entry into a residence by two sheriff’s deputies, without a warrant, consent, or exigent circumstances, was the proximate cause of the subsequent shooting and injuries to the plaintiffs. We hold that it was, permitting a federal claim under 42 U.S.C. § 1983. We also hold that the plaintiffs have an inde... More...    $4000000 (07-29-2018 - WA)

Friends of Moon Creek, et al v. Diamond Lake Improvement Ass'n, et al.

Washington Court of Appeals, Division III - Spoken, Washington

After ruling on summary judgment that Sharon Sorby did not
enjoy qualified immunity from the plaintiffs’ claims under 42 U.S.C. § 1983, the trial
court certified its order under RAP 2.3(b)(4) as one “involv[ing] a controlling question of
law as to which there is substantial ground for a difference of opinion.” We granted
discretionary review. We conclude that Ms. Sorby enjoys quali... More...
   $0 (02-19-2018 - WA)

Juan D. Vega, Jr. v. United States of America, et al.

Western District of Washington Federal Courthouse - Seattle, Washington

Juan Vega, Jr. was transferred from federal prison to a Seattle non-profit residential reentry center to complete the remainder of his prison sentence. There, he alleged that federal and private employees conspired to remove him from the halfway house known as Pioneer House, ostensibly based on his race and for asserting his First Amendment rights, by filing a false incident report. After his retu... More...    $0 (02-09-2018 - WA)

William Rumburg, et ux. v. Ferry County PUD #1, et al.

Ferry County Courthouse - Republic, Washington

At issue is whether William and Carol Rumburg timely filed suit
under tolling and grace periods provided by RCW 4.96.020, the local government tort
claim filing statute. After serving a second notice of claim on local government
defendants and allowing 60 days for the defendants to respond, the Rumburgs relied on
the statutory 5-day grace period in filing suit. The respondents cont... More...
   $0 (11-20-2017 - WA)

Maria J. Morales v. Sony Fry and Brian Rees

Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The primary issue in this appeal is whether the “clearly
established” prong of the qualified immunity analysis should
be submitted to a jury. Following the lead of nearly all of
our sister circuits, we conclude that it is a question of law
that must ultimately be decided by a judge.
Background
This case arises from Maria Morales’s arrest during the
May 1, 2012 “May Day”... More...
   $0 (10-16-2017 - WA)

Quinault Indian Nation v. Mary Linda Pearson

Federal Courthouse - Seattle, Washington

Once again, the issue of tribal sovereign immunity and
cigarette taxes is back in the federal courts. In this iteration,
the Quinault Indian Nation (the “Nation”) sued Edward A.
Comenout, Jr.; Robert R. Comenout, Sr.; and other
defendants for engaging in a scheme to defraud the Nation
of taxes. When the Nation later asked the district court to
dismiss its action, Edward’s e... More...
   $0 (08-30-2017 - WA)

Michael Segaline v. State of Washington

The doctrine of qualified immunity shields a government official
from civil liability and money damages unless the plaintiff shows violation of a
constitutional right that is clearly established at the time of the challenged conduct. The
Washington State Department of Labor and Industries and Regional Safety and Health
Coordinator William Alan Croft appeal the jury verdict in favor... More...
   $0 (07-17-2017 - WA)

United States of America v. Steven Harris

Spokane, WA - Spokane, Washington Man Sentenced to 25 Years in Federal Prison for Attempted Production of Child Pornography

Steven Harris, of Spokane, Washington, was sentenced after having previously pleaded guilty on June 28, 2016, to attempted production of child pornography. United States District Judge Salvador Mendoza, Jr. sentenced Harris to a 25-year term of imprisonment, to be fo... More...
   $0 (10-04-2016 - WA)

Jane Roe v. Teletech Customer Care Management (Colorado), L.L.C.

In 1998, the people of Washington exercised their constitutional power to enact legislation by initiative when they adopted the Washington State Medical Use of Marijuana Act (MUMA), chapter 69.51A RCW. MUMA provided an affirmative defense against criminal prosecution of physicians for prescribing medical marijuana and of qualified patients and their designated primary caregivers for engaging in th... More...    $0 (06-09-2011 - WA)

United States of America v. Cristobal Ortiz a/k/a Filero

Seattle, WA - Long Time Skagit County Violent Drug Dealer Sentenced to Ten Years in Prison

Guns, Drugs, Cash seized from Defendant with Lengthy Criminal History

A long-time Skagit County, Washington drug dealer and gang member was sentenced to ten years in prison for conspiracy to distribute controlled substances and possessing a firearm in furtherance of drug trafficking. CRIST... More...
   $0 (06-02-2016 - WA)

Ted Bradford v. Joseph Scherschligt

Ted Bradford was convicted in 1996 of residential burglary and rape. In 2008, after Bradford served his full tenyear sentence, the Washington State courts vacated his conviction based largely on newly-available DNA testing, which excluded him as a contributor of genetic material found at the crime scene. Prosecutors then proceeded to retry Bradford, which resulted in his acquittal in 2010. In 2... More...    $0 (09-25-2015 - WA)

J.S. v. Vill. Voice Media Holdings, LLC

Advertisements featuring three minor girls, J.S., S.L., and L.C. (collectively
J.S.), allegedly were posted on a website owned and maintained by Village Voice
Media Holdings, d/b/a Backpage.com, Backpage.com LLC and New Times Media
LLC, d/b/a/ Backpage.com (collectively Backpage). J.S. allegedly was raped
multiple times by adult customers who responded to the advertisements. More...
   $0 (09-03-2015 - WA)

Auto. United Trades Org. v. State Of Washington

Washington State taxes fuel. LAWS OF 1921, ch. 173, § 2. Not long
after the state began taxing fuel, the people approved the eighteenth amendment
to our constitution. This provision limits the use of motor fuel taxes to
"highway purposes," including "[r]efunds authorized by law for taxes paid on
motor vehicle fuels." WASH. CONST. art. II, § 40( d).
Several Indian tribes in... More...
   $0 (08-27-2015 - WA)

Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
I
A
Established in 1938, Olympic National Park (“Olympic”
or the... More...
   $0 (07-27-2015 - WA)

Woods View II, LLC v. Kitsap County

Appellants Woods View II, LLC (WVII) and Darlene Piper appeal
from the superior court' s grant of summary judgment in Kitsap County' s ( the County) favor on
WVII' s claims of negligence, tortious interference, and takings. These claims arise from the
alleged delay of several permits and governmental decisions required•for a project ofWVII. WVII
and Piper argue that ( 1) their cl... More...
   $0 (06-09-2015 - WA)

Robert Runn v. Terry L. Riely and Petra E. Riely

Terry and Petra Riely (the Rielys) appeal the trial court' s judgment awarding
damages to Robert Gunn for timber trespass on Gunn' s property. The Rielys argue that the trial
court erred when it (1) applied RCW 4.24.630, the waste statute, instead ofRCW 64. 12. 030, the
timber trespass statute; (2) did not consider the Rielys' affirmative defense that Oasis Well Drilling
Oasis) was... More...
   $0 (01-21-2015 - WA)

Michael Henne v. City of Yakima

The city of Yakima claims the protection of.
statutes that were designed to protect the rights of those who engage in First
Amendment protected communicative activity. U.S. CONST. amend. I. Those
statutes-Washington's "anti -SLAPP" 1 laws-protect speakers against frivolous,
speech-chilling lawsuits. We hold that a governmental entity like Yakima cannot
take advantage of the ant... More...
   $0 (01-22-2015 - WA)

Matthew Alexander Tarabochia v. FBI Special AGent Mickey Adkins

We must decide whether a suspicionless roving
automobile stop of commercial fishers made while they drive
on a public highway to investigate compliance with
Washington fish and game laws constitutes an unreasonable
search and seizure within the meaning of the Fourth
Amendment and, if so, whether this right was clearly
4 TARABOCHIA V. ADKINS
established as of the time of... More...
   $0 (09-10-2014 - WA)

Theodore H. Heinemann v. Daniel Satterberg

This appeal presents the question of whether Federal Rule of Civil Procedure 56, in its current form, prohibits a district court from granting a motion for summary judgment by default based upon a local court rule when an opposing party fails to respond. We conclude that it does.

In this case, in addition to citing such a local rule, the district court considered the motion on the merits ... More...
   $0 (09-26-2013 - WA)

Daivd K. Demers v. Erica Austin

David Demers is a tenured associate professor at Washington State University. He brought suit alleging that university administrators retaliated against him in violation of the First Amendment for distributing a short pamphlet and drafts from an in-progress book. The district court granted summary judgment for the defendants, finding that the pamphlet and draft were distributed pursuant to Demersâ... More...    $0 (09-04-2013 - WA)

Gaston Cornu-Labat v. Hospital District No. 2 of Grant County

While employed as a physician at Quincy Valley Medical Center (QVMC), Gaston Cornu-Labat was the subject of several complaints that raised doubts as to his competency to practice medicine. QVMC conducted two investigations that ended after the charges against Dr. Cornu-Labat were not substantiated. Nevertheless, QVMC requested that Dr. Comu-Labat be psychologically evaluated and ended the doctor's... More...    $0 (04-11-2013 - WA)

Daniel T. Miller v. Chad Wright

This is the latest iteration of cigarette vendors’ challenge to taxes imposed by virtue of the authority vested in an Indian tribe. Appellants Daniel T. Miller (Miller), Amber Lanphere (Lanphere), and Paul M. Matheson (Matheson) appeal the district court’s dismissal of their antitrust action against appellees Herman Dillon (Dillon), Chad Wright (Wright) and the Puyallup Tribe (the Tribe). The ... More...    $0 (01-17-2013 - WA)

Delores Weaver v. Spokane County

About one and one-half hours after a sheriff's deputy told an

intoxicated Duane Weaver not to walk in the street, or to at least walk facing traffic, a

drunk driver struck Mr. Weaver. He died 17 months later from his injuries. Mr.

Weaver's estate (the Estate) sued Spokane County for negligence, claiming that the

deputy's failure to take Mr. Weaver into pro... More...
   $0 (05-08-2012 - WA)

Martha Karl v. City of Mountlake Terrace

Defendant Charles “Pete” Caw (“Caw”), Assistant Chief of Police in the City of Mountlake Terrace Police Department, appeals from the denial of qualified immunity in Plaintiff Martha Karl’s (“Karl”) 42 U.S.C. § 1983 action alleging First Amendment retaliation. The district court held it was clearly established in December 2008 that a supervisor cannot retaliate against a public emplo... More...    $0 (05-08-2012 - WA)

Loraine Campbell v. State of Washington Department of Social and Health Services

Plaintiff Loraine Campbell appeals the district court’s grant of summary judgment in favor of Defendants Sonja Pate, Lashonda Mitchell, and Murine McGenty,1 employees of the State of Washington’s State Operated Living Alternative (“SOLA”) program. Defendants were responsible for the care of Campbell’s 33-year-old developmentally delayed daughter, Justine Booth, at the time Justine was fo... More...    $0 (11-07-2011 - WA)

Loraine Campbell v. State of Washington

Plaintiff Loraine Campbell appeals the district court’s grant of summary judgment in favor of Defendants Sonja Pate, Lashonda Mitchell, and Murine McGenty,1 employees of the State of Washington’s State Operated Living Alternative (“SOLA”) program. Defendants were responsible for the care of Campbell’s 33-year-old developmentally delayed daughter, Justine Booth, at the time Justine was f... More...    $0 (11-07-2011 - WA)

Troy Mattos v. Darren Agarano

These cases present questions about whether the use of a taser to subdue a suspect resulted in the excessive use of force and whether the officers are entitled to qualified immunity.1 In Brooks v. City of Seattle, Plaintiff Malaika Brooks was tased; in Mattos v. Agarano, Plaintiff Jayzel Mattos was tased.

Both women were tased during an encounter with police officers.

They subseq... More...
   $0 (10-17-2011 - WA)

Confederated Tribes and Bands of the Yakama Indian Nation v. Christine O.Gregoire

States lack authority to tax Indian tribes or registered members of Indian tribal organizations absent a clear authorization from Congress. Cnty. of Yakima v. Confederated Tribes & Bands of the Yakima Indian Nation, 502 U.S. 251, 258 (1992). The Tribes of the Yakama Nation (the Yakama or Tribes) claim that this principle of Indian tax immunity has been violated by the State of Washington’s curre... More...    $0 (09-23-2011 - WA)

Todd M. Chism v. Washington State

This civil rights action under 42 U.S.C. § 1983 arises from an internet child pornography investigation by Washington State Police (WSP) Officers Rachel Gardner and John Sager (“the officers”). As a result of information the officers acquired, Todd Chism became the focus of their investigation.

Gardner prepared an affidavit in support of a search warrant application, which Sager review... More...
   $0 (08-25-2011 - WA)

Crystal Ammons v. State of Washington Department of Social and Health Services

Appellants Mary LaFond (“LaFond”) and Norman Webster (“Webster”) (collectively “Appellants”), relying on qualified immunity, appeal the district court’s order denying their motion for summary judgment. Appellee Crystal Ammons (“Ammons”) sued LaFond and Webster under 42 U.S.C. § 1983 for violating her Fourteenth Amendment substantive due process right to safe conditions while in ... More...    $0 (08-17-2011 - WA)

Larry Michaels v. CH2M Hill, Inc.

There was a catastrophic failure at the Spokane wastewater treatment plant. One man was killed, two others were severely injured. The survivors successfully sued an engineering firm that was working with the city at the time. We must decide whether that firm enjoys Industrial Insurance Act immunity under RCW 51.24.035. The appellants also challenge the trial judge's rulings on duty, cause... More...    $0 (05-26-2011 - wa)

Conrad F. Pierce v. Yakima County, Washington

Conrad Pierce appeals the trial court's dismissal under the public

duty doctrine of his negligence claims against Yakima County (County). Under the

doctrine, the government may not be sued for negligence unless it breaches a duty

owed particularly to the plaintiff rather than to the public in general. Mr. Pierce

contends the trial court erred in failing to... More...
   $0 (05-17-2011 - WA)

Richard Clairmont v. Sound Mental Health

In this First Amendment retaliation case, Richard Clairmont appeals the district court’s grant of summary judgment to Defendant Joni Wilson, the Manager of Probation Services at the Seattle Municipal Court. Before filing suit, Clairmont was employed as a domestic violence counselor for Sound Mental Health, a private company that provides domestic violence prevention treatment programs to crimina... More...    $0 (01-19-2011 - WA)

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