Seattle Attorneys Blog

Fifth Circuit Concludes Name-Calling Was Not Actionable Under Title IX

July 30, 2025 | by Blair & Kim, PLLC

In a recent case, the Fifth Circuit affirmed summary judgment in favor of a school district in a Title IX case against it, concluding other students calling the plaintiff “gay” and other names over the period of a few weeks was not severe enough to be actionable.

The plaintiff had been homeschooled prior to enrolling in fifth grade at a Mississippi public school. Most of his fifth-grade school year was held virtually. Although he was teased some in fifth grade, he did not really think he was bullied. For sixth grade, the plaintiff went to a new middle school. Other boys started teasing him more and calling him names. Some of the boys called him “gay.” He believed that meant “[e]ither a boy wants to love another boy or a transgender,” but he also believed the boys called him “gay” sometimes because they thought he could be a girl. He started “blowing kisses” at them, but said that made it worse.

The plaintiff said he repeatedly reported the name-calling to his teachers. His mother also addressed name-calling and bullying with the plaintiff’s teachers, but she was initially not aware the plaintiff was being called “gay.”

Washington Marijuana Manufacturing Conviction Reversed for Lack of Probable Cause for Warrant

July 28, 2025 | by Blair & Kim, PLLC

Both the Fourth Amendment to the U.S. Constitution and article I, section 7 of the Washington State Constitution require probable cause for a search warrant to be issued. Evidence obtained from an illegal search must be suppressed. State v. Betancourth. Even if a search warrant was obtained, evidence seized pursuant to the warrant must be suppressed if there was not probable cause. State v. Gudgell.

A defendant recently challenged his convictions, arguing the there was not probable cause for the search warrant. According to the unpublished opinion of the appeals of the appeals court, he was charged with the manufacture of marijuana after law enforcement found 149 cannabis plants inside his home.

The defendant moved to suppress the evidence, arguing the search warrant had not been supported by probable cause. The court denied his motion to suppress and found him guilty in a bench trial.

Washington Appeals Court Holds Weapons Surrender Statute Constitutional

July 22, 2025 | by Blair & Kim, PLLC

The Fifth Amendment to the U.S. Constitution and article 1, section 9 of the Washington State Constitution both protect an individual’s right against self-incrimination. A person may, however, be compelled to answer if they are protected from the use of their answers and evidence derived from them in any subsequent criminal case against them. State v. King. A former husband recently challenged the constitutionality of the Washington weapons surrender statute under the Fifth amendment and other constitutional protections after a court found him to be non-compliant with a weapons surrender order.

The parties divorced in April 2022. The trial court issued a temporary domestic violence protection order (“DVPO”) requiring the ex-husband to surrender his firearms after the divorce. The ex-husband and his friend claimed his firearms were being stored at the friend’s house.

The ex-wife identified several additional weapons the ex-husband owned during the marriage in her declaration. The court issued a DVPO for one year and a new surrender order that listed the firearms identified in the ex-wife’s declaration.

Washington Appeals Court Affirms Spousal Maintenance Award to Former Husband

July 11, 2025 | by Blair & Kim, PLLC

Spousal maintenance can be a contentious issue in some Washington divorces. In Washington, a court may order spousal maintenance in a divorce case in the amount and for the amount of time “as the court deems just,” after it considers the relevant factors. RCW 26.09.090 sets forth a non-exhaustive list of factors, including the financial of the party who is requesting maintenance; how long it would take them to obtain education or training to find appropriate employment; their standard of living while married; the length of the marriage; their physical and emotional condition, age, and financial obligations; and the other party’s ability to meet their own financial obligations.

In a recent unpublished case, a former wife appealed an order awarding the husband spousal maintenance after he alleged he was medically unable to work. The parties got married in September 2015 and the wife filed for divorce in July 2022. They settled the property division, so only the parenting plan and spousal maintenance were at issue at trial.

The husband testified he was unable to work due to an injury in 2019, so his only income was about $2,700 annually from his farm. The funds from the settlement for his accident had all gone toward expenses and legal fees.

Court Annuls Title IX Determination Due to Lack of Opportunity for Cross-Examination

June 30, 2025 | by Blair & Kim, PLLC

The right to cross-examine the complainant in Title IX disciplinary proceedings has been a controversial issue for several years. In a recent case, a New York appellate division annulled a determination that an accused student should be suspended after the decision-maker relied upon the complainant’s statements in making its determination when she was not present at the hearing or available for cross-examination.

According to the appellate division’s opinion, female student filed a complaint with the university alleging the petitioner, another student who shared a room with her, had kissed and touched her without consent. The university ultimately held a Student Conduct Board hearing. The Board found the petitioner had violated university policies and determined he should be suspended. He appealed, but his appeal was denied. He then filed a CPLR Article 78 proceeding, which is a process in New York for judicial review of administrative actions.

The petitioner argued the university denied him due process by not giving him an opportunity to question the complainant. The complainant did not testify or submit to cross-examination.

Washington Appeals Court Affirms Divorce Despite Allegations Documents Were Misrepresented

June 29, 2025 | by Blair & Kim, PLLC

In some Washington divorce cases, one party may have advantages over the other. In a recent case, a former husband sought to vacate the divorce order, arguing the wife had misrepresented the documents he signed.

According to the appeals court’s opinion, the husband’s father was American and his mother was Vietnamese. Although he spoke “conversational English,” the husband could not read or write in English beyond his name.

The husband signed a quitclaim deed in August 2023 transferring the parties’ house to the wife with no consideration.

Washington Juvenile Assault Convictions Reversed Due to Lack of Evidence of Intent

June 23, 2025 | by Blair & Kim, PLLC

Incidents that lead to Washington assault charges can often be hectic events with multiple people involved, especially if there are people trying to intervene. In a recent unpublished opinion, a juvenile challenged fourth degree assault convictions, arguing the state had failed to prove he intended to hit his siblings with a door.

The appeals court described the incident as follows. The juvenile was arguing with his stepmother in his room. His father came into the room and the juvenile got angry and punched him “a couple of times,” according to the appeals court’s opinion. The father went outside.

The juvenile followed, but other members of the family tried to stop him. He hit his stepmother in the stomach. His brother tried to hold the door closed. As the juvenile opened the door, it hit his brother’s arm and his sister’s head. The juvenile punched his father multiple times and his stepmother called 911. The juvenile fled before the ambulance arrived.

Application of Confrontation Clause to Forensic Tests in Washington Criminal Cases

June 11, 2025 | by Blair & Kim, PLLC

Both the Washington Constitution and the Sixth Amendment to the U.S. Constitution give a criminal defendant the right to confront the witnesses against them. Testimonial statements of a witness who did not appear at trial are only permitted if the witness was unavailable and the defendant had previously had the opportunity to cross-examine them. The Washington Supreme Court recently reconsidered whether the testimony of a supervisor instead of the lab technician who actually performed testing implicated the protections of the confrontation clause.

According to the Court’s opinion, the defendant was involved in an accident that resulted in drug paraphernalia spilling onto the road from her trunk. The defendant was taken to the hospital, so no field sobriety tests were performed. A state trooper went to the hospital and saw that the defendant’s eyes were bloodshot and watery, with dilated pupils. He obtained a search warrant for a blood test.

The blood test showed 1.5±0.40 nanograms per milliliter of TCH in the defendant’s blood.

Court Allows Accused Student to Proceed Under Pseudonym in Title IX Case

May 30, 2025 | by Blair & Kim, PLLC

Students who file suit against their school based on a Title IX investigation and disciplinary proceedings may wish to protect their identity to try to prevent additional reputational harm. A federal court in Nebraska recently allowed an accused student to proceed with his lawsuit under the pseudonym “John Doe.”

The plaintiff moved to proceed under a pseudonym in a case in which he alleged Title IX violations, in addition to violations of his due process and equal protection rights. According to the court’s order, the plaintiff alleged a false accusation of sexual assault by a former romantic partner had been unfairly and inadequately investigated by the public university they both attended in Nebraska.

The court acknowledged that courts generally disfavor the use of pseudonyms, but they may be used in the Eighth Circuit when “the party’s need for anonymity outweighs countervailing interest in full disclosure. Cajune v. Indep. Sch. Dist. 194. The Eighth Circuit identified a number of factors weighing in favor of and against allowing anonymity. Factors favoring anonymity include whether the party is challenging government activity, whether the information is of a “sensitive and highly personal nature,” whether the party would be required to incriminate themselves at risk of criminal prosecution if not allowed to proceed anonymously, and whether there is a “danger of retaliation.” Factors against allowing anonymity include “fundamental unfairness to the defendant, whether requiring disclosure of the party’s identity would further public interest, and whether there are other ways to protect the party’s confidentiality. Cajune v. Indep. Sch. Dist. 194.

Full Time Not Necessarily 40 Hours When Calculating Washington Child Support

May 29, 2025 | by Blair & Kim, PLLC

When a court orders Washington child support, it must follow the statutes and make the required findings. In a recent unpublished case, a father challenged a child support modification order that imputed income to him and required him to share in expenses related to the child’s gymnastics activities.

The mother petitioned to modify the original child support order based on changes in income and asked the court to order the father to share expenses related to the child’s gymnastics.

The father asked for a deviation, claiming he supported his wife and her two children. He also asked for a deduction because the child was on his insurance. His documentation showed that he paid a flat “Employee + Family” rate that was not based on the number of family members.