Washington Immunity Law

Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians, et al.

Under federal common law, Indian tribes may be sued only under two circumstances: when a tribe waives its sovereign immunity or when Congress unequivocally abrogates tribal sovereign immunity. Here, Flying T Ranch (Flying T) filed suit in Snohomish County Superior Court to quiet title to nonreservation land purchased by the Stillaguamish Tribe of Indians (Tribe). Flying T contends it had acquired... More...

$0 (10-10-2025 - WA)

Vanessa Velasco Ortega v. Isaiah Holloway, et al.

Spokane, Washington personal injury lawyer represented the Plaintiff who sued on civil rights violation theories. Isaiah Holloway and Vanessa Velasco Ortega cross-appeal from the district court's order granting in part and denying in part Holloway's motion for summary judgment. Holloway encountered Velasco Ortega in the course of his duties as a Deputy Police Officer for the O... More...

$0 (08-28-2025 - WA)

Leona M. Qualey v. Pierce County, et al.

Tacoma, Washington personal injury lawyers represented the Plaintiff who sued on a civil rights violation theory. The suit calls tOn Jan. 16, 2022, Moses Portillo was shot and killed. The plaintiff claimed that the shooting "unnecessary, reckless, negligent and wrongful,â€ and it claims Dolan violated proper police procedure, Sheriff's Department's policies and procedures and Washi... More...

$0 (07-19-2025 - WA)

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. <table> <h1> <center> <a font="red" href="https://www.morelaw.com/washington/news/seattle/" target="_new">MoreLaw Legal News For Seattle</a> </center> </h1> </table> </center> 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

<center> <img width="300" src="http://www.wawb.uscourts.gov/sites/default/files/slideshow/SeattleCourthouse1.jpg"> </center> 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 contra... More...

$0 (01-22-2019 - WA)

Eva Moore v. John Urquhart

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

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 conc... More...

$0 (08-19-2018 - WA)

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

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 i... More...

$4000000 (07-29-2018 - WA)

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

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 enjoy... More...

$0 (02-19-2018 - WA)

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

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.

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

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 “... More...

$0 (10-16-2017 - WA)

Quinault Indian Nation v. Mary Linda Pearson

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... 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. <b... 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 ... 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... 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 requiredâ€¢for a project ofWVII. WVII and Piper argue that ( 1) thei... 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 Demers'... 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 dist... 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 "Peteâ€ Caw ("Cawâ€), Assistant Chief of Police in the City of Mountlake Terrace Police Department, appeals from the denial of qualified immunity in Plaintiff Martha Karl's ("Karlâ€) 42 U.S.C. Â§ 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... 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 ("SOLAâ€) program. Defendants were responsible for the care of Campbell's 33-year-old developmentally delayed daughter, Justine Booth, at the time Justine was found ... 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 ("SOLAâ€) program. Defendants were responsible for the care of Campbell's 33-year-old developmentally delayed daughter, Justine Booth, at the time Justine was found... 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 current... More...

$0 (09-23-2011 - WA)

Todd M. Chism v. Washington State

This civil rights action under 42 U.S.C. Â§ 1983 arises from an internet child pornography investigation by Washington State Police (WSP) Officers Rachel Gardner and John Sager ("the officersâ€). 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 re... More...

$0 (08-25-2011 - WA)

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

Appellants Mary LaFond ("LaFondâ€) and Norman Webster ("Websterâ€) (collectively "Appellantsâ€), relying on qualified immunity, appeal the district court's order denying their motion for summary judgment. Appellee Crystal Ammons ("Ammonsâ€) sued LaFond and Webster under 42 U.S.C. Â§ 1983 for violating her Fourteenth Amendment substantive due process right to safe conditions w... More...

$0 (08-17-2011 - WA)