105 Wash. 2d
Volume 105 — Washington Reports, Second Series
81 opinions
- 105 Wash. 2d 1State v. Bergeron (1985)
- 105 Wash. 2d 24Daves v. Nastos (1985)
- 105 Wash. 2d 33Higbee v. Shorewood Osteopathic Hospital (1985)
- 105 Wash. 2d 39Munden v. Hazelrigg (1985)
- 105 Wash. 2d 48McDowell v. AUSTIN COMPANY (1985)
- 105 Wash. 2d 55Seattle-King County Council of Camp Fire v. Department of Revenue (1985)
- 105 Wash. 2d 67In Re the Personal Restraint of Taylor (1985)
- 105 Wash. 2d 78State Finance Committee v. O'BRIEN (1986)
- 105 Wash. 2d 92State v. Johnson (1986)
- 105 Wash. 2d 99Jenkins v. Snohomish County Public Utility District No. 1 (1986)
- 105 Wash. 2d 114Talarico v. Foremost Insurance Co. (1986)
- 105 Wash. 2d 118Baughn v. Honda Motor Co., Ltd. (1986)
- 105 Wash. 2d 120State v. Hornaday (1986)
- 105 Wash. 2d 133Nitardy v. Snohomish County (1986)
- 105 Wash. 2d 136McNeary v. American Cyanamid Co. (1986)
- 105 Wash. 2d 144Seattle Times Co. v. Eberharter (1986)
- 105 Wash. 2d 161In Re the Personal Restraint of Ayers (1986)
- 105 Wash. 2d 168Conner v. Universal Utilities (1986)
- 105 Wash. 2d 175State v. Ammons (2005)
- 105 Wash. 2d 191Crichton v. Himlie Properties (1986)
- 105 Wash. 2d 199Mott v. Endicott School District No. 308 (1986)
- 105 Wash. 2d 204Church of Christ at Centerville v. Carder (1986)
- 105 Wash. 2d 211In Re the Personal Restraint of Chapman (1986)
- 105 Wash. 2d 217Corr v. Willamette Industries, Inc. (1986)
- 105 Wash. 2d 228State v. Zwicker (1986)
- 105 Wash. 2d 244Allstate Insurance v. Ostenson (1986)
- 105 Wash. 2d 248GESA Federal Credit Union v. Mutual Life Insurance Co. of New York (1986)
- 105 Wash. 2d 257In Re the Personal Restraint of Myers (1986)
- 105 Wash. 2d 269Roeder Co. v. Burlington Northern, Inc. (1986)
- 105 Wash. 2d 278State v. Whitman County District Court (1986)
- 105 Wash. 2d 288Hillis Homes, Inc. v. Public Utility District No. 1 (1986)
- 105 Wash. 2d 302Hontz v. State (1986)
<bold>[1] Statutes — Validity — Determination — Summary Judgment.</bold> The facial validity of a statute may be decided by summary judgment. <bold>[2] Statutes — Validity — Burden and Degree of Proof.</bold> The invalidity of a statute must be proved beyond a reasonable doubt. <bold>[3] Statutes — Overbreadth — Determination.</bold> A regulatory statute does not violate substantive due process unless constitutionally protected activity falls within its scope. The permissible scope of a legislative regulation depends upon an evaluation of the governmental interest promoted versus the degree and reasonableness of the intrusion on individual rights. <bold>[4] Statutes — Vagueness — Test.</bold> A regulatory statute is not so vague as to violate procedural due process protections unless it does not give fair notice to citizens of the conduct subject to regulation or does not contain clear standards to prevent arbitrary enforcement. <bold>[5] Intoxicating Liquors — Incapacitated Persons — Protective</bold> <bold>Custody — Validity.</bold> RCW <cross_reference>70.96A.120</cross_reference>, which provides for the involuntary detention of persons incapacitated by alcohol who are dangerous to themselves or others, is neither overly broad nor vague. <bold>[6] States — Civil Rights — Deprivation — State Immunity.</bold> The State and its agencies are not "persons" for purposes of <cross_reference>42 U.S.C. § 1983</cross_reference>, which makes persons liable for depriving others of their civil rights under color of state law. <bold>[7] Counties — Civil Rights — Deprivation — Local Governments —</bold> <bold>Test.</bold> A local governmental entity is liable under <cross_reference>42 U.S.C. § 1983</cross_reference> for depriving a person of his civil rights only if the deprivation was accomplished pursuant to an unconstitutional official policy or custom of the entity. A local government is not liable under the doctrine of respondeat superior for the unconstitutional acts of its employees. A lack of employee training or supervision does not give rise to liability under the statute unless it is the result of gross negligence or deliberate indifference to its effect of depriving citizens of their constitutional rights. <bold>[8] Judgment — Summary Judgment — Review — In General.</bold> An appellate court reviews a summary judgment by engaging in the same inquiry as the trial court, <italic>i.e.</italic>, it considers all the evidence and<page_number>Page 303</page_number> the inferences therefrom in favor of the nonmoving party and determines whether any genuine issue of material fact exists. Assertions lacking supporting evidence are not sufficient to withstand a motion for summary judgment.
- 105 Wash. 2d 314State v. Basson (1986)
- 105 Wash. 2d 318Tyler Pipe Industries, Inc. v. Department of Revenue (1986)
- 105 Wash. 2d 327National Can Corp. v. Department of Revenue (1986)
- 105 Wash. 2d 344Burton v. Ascol (1986)
- 105 Wash. 2d 353Stewart Carpet Service, Inc. v. Contractors Bonding & Insurance (1986)
- 105 Wash. 2d 366Brown v. Voss (1986)
- 105 Wash. 2d 376Lampson Universal Rigging, Inc. v. Washington Public Power Supply System (1986)
- 105 Wash. 2d 381Tank v. State Farm Fire and Casualty Co. (1986)
- 105 Wash. 2d 398State v. Jeffries (1986)
- 105 Wash. 2d 457Dickinson v. Edwards (1986)
- 105 Wash. 2d 499Boyles v. Department of Retirement Systems (1986)
- 105 Wash. 2d 511State v. Austin (1986)
- 105 Wash. 2d 518In Re Estate of Mell (1986)
- 105 Wash. 2d 526Klickman v. Title Guaranty Co. (1986)
- 105 Wash. 2d 529Dunlap v. Wayne (1986)
- 105 Wash. 2d 546Stocker v. SHELL OIL COMPANY (1986)
- 105 Wash. 2d 551Emrich v. Connell (1986)
- 105 Wash. 2d 560Dolman v. Department of Labor & Industries (1986)
- 105 Wash. 2d 567Roeder Co. v. Burlington Northern, Inc. (1986)
- 105 Wash. 2d 579General Telephone Co. of the Northwest, Inc. v. City of Bothell (1986)
- 105 Wash. 2d 589Seierstad v. Serwold (1986)
- 105 Wash. 2d 596Tumelson v. Todhunter (1986)
- 105 Wash. 2d 606In Re Rosier (1986)
- 105 Wash. 2d 606Snohomish County v. Public Utility District No. 1 (1986)
- 105 Wash. 2d 632State v. Terrovona (1986)
- 105 Wash. 2d 653Lillig v. Becton-Dickinson (1986)
- 105 Wash. 2d 663City of Tacoma v. Seattle-First National Bank (1986)
- 105 Wash. 2d 669Greco v. Parsons (1986)
- 105 Wash. 2d 675Adkins v. Clark County (1986)
- 105 Wash. 2d 679O'LEARY v. Department of Revenue (1986)
- 105 Wash. 2d 683In Re the Personal Restraint of Taylor (1986)
- 105 Wash. 2d 692State v. Kwan Fai Mak (1986)
- 105 Wash. 2d 770Brady v. Daily World (1986)
- 105 Wash. 2d 778Hangman Ridge Training Stables, Inc. v. Safeco Title Insurance (1986)
- 105 Wash. 2d 796Heinemann v. Whitman County (1986)
- 105 Wash. 2d 809In re the Estate of McLeod (1986)
- 105 Wash. 2d 820State v. Bingham (1986)
- 105 Wash. 2d 840State v. Harrell (1986)
- 105 Wash. 2d 847Meyer v. University of Washington (1986)
- 105 Wash. 2d 857Buttnick v. City of Seattle (1986)
- 105 Wash. 2d 864Hanson v. City of Tacoma (1986)
- 105 Wash. 2d 873Tropiano v. City of Tacoma (1986)
- 105 Wash. 2d 878Del Guzzi Constr. Co. v. Global Northwest Ltd., Inc. (1986)
- 105 Wash. 2d 889State v. John Doe (1986)
- 105 Wash. 2d 898State v. Bradley (1986)
- 105 Wash. 2d 905In Re the Disciplinary Proceeding Against Staples (1986)
- 105 Wash. 2d 912Coast Pacific Trading, Inc. v. Department of Revenue (1986)
- 105 Wash. 2d 921State v. Rudy (1986)
- 105 Wash. 2d 929Peninsula Counseling Center v. Rahm (1986)