Theresa L. Fricke

U.S. District Court for the Western District of Washington (Tacoma) 3 signed orders read

How Judge Fricke decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In SS appeals applies the substantial-evidence standard with strong deference and will NOT reverse where the evidence could reasonably support either affirmance or reversal; enforces law-of-the-case across successive remands of the same claim. Ortiz/Max O., Dkt. 23 (2024-07-02).

“If the evidence would reasonably support affirming the ALJ's decision, or reversing it, the Court may not substitute its own judgment for the ALJ's.”

Procedural preferences

Liberally construes pro se complaints but enforces the State-is-not-a-'person' rule and Eleventh-Amendment immunity in 1983 suits, recommending dismissal WITH prejudice only where amendment would be futile. Derrick v. Washington R&R, Dkt. 32 (2023-11-13).

“The State is not a 'person' and therefore is not a proper defendant. Will v. Michigan Dep't. of State Police, 491 U.S. 58... Additionally, the Eleventh Amendment bars suit for damages in federal court against a state or an agency acting under state control.”

Motion outcomes

Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.

Social security appeal
N = 2
Denied: 2 counts only

A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Ortiz v. Commissioner of Social Security (Max O.)
3:23-cv-05757-TLF · 2024-07-02
Social security appeal (plaintiff) Denied

“Based on the foregoing discussion, the Court concludes the ALJ properly determined plaintiff to be not disabled. Therefore, the ALJ's decision is affirmed.”

Robinson v. Commissioner of Social Security
3:24-cv-05201-TLF · 2025-02-10
Social security appeal (plaintiff) Denied

“ORDER signed by Judge Theresa L Fricke. The Commissioner's final decision is AFFIRMED, and this case is DISMISSED.”

Derrick v. State of Washington
2:23-cv-01161-LK-TLF · 2023-11-13
Motions to dismiss (defendant) Granted

“For the foregoing reasons, the undersigned recommends that the Court GRANT Defendant State of Washington's motion to dismiss.... Because any amendment to plaintiff's complaint would be futile, the Court should dismiss any claims against the State with prejudice.”