Case law

(PC) Hodge v. Taylor

District Court, E.D. California · Feb 25, 2022

Additionally, they argue that qualified immunity shields them 28 from suit. Defendants’ arguments rest on extrinsic documents that may not be considered in 1 adjudication their motion. … Third, they argue that they are entitled to qualified immunity because it is not clearly 8 established that deferring surgery in favor of more conservative treatment violates the Eighth 9 Amendment.2 Id. at 8-9.

(PS) Serris v. Solano County

District Court, E.D. California · Jan 28, 2025

In reviewing a complaint under this standard, the 11 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 12 are clearly baseless or fanciful, (2) construe those allegations … In order to 5 show that a public program or service violated Title II of the ADA, “a plaintiff must show: (1) he 6 is a ‘qualified individual with a disability’; (2) he was either excluded from participation in or 7

Frankl v. Adams & Associates, Inc.

74 F. Supp. 3d 1318 · District Court, E.D. California · Feb 10, 2015

Although petitioner retains the ultimate burden of persuasion before the Board itself, “once the General Counsel establishes that antiunion animus was a motivating factor, the employer bears the burden of establishing ... … “In establishing its Wright Line defense, the employer is free to show, for example, that it did not hire particular employees because they were not qualified for the available jobs, and that it would not have hired them

Candelaria

District Court, E.D. California · Jun 15, 2026

unless the state 16 has waived its immunity or Congress has specifically overridden sovereign immunity.” 17 Alexander v. … Plaintiff has not alleged any facts establishing a violation of his 2 Fourteenth Amendment due process rights.

McBride v. Hawkins

District Court, E.D. California · Nov 19, 2024

Privileges and Immunities Clause 2 The complaint’s second claim is similar to its first, but rather than the Commerce Clause, 3 it rests on the Privileged and Immunities Clause. … “Under the Privileges and Immunities Clause, 4 ‘[t]he Citizens of each State [are] entitled to all Privileges and Immunities of Citizens in the 5 several States.’” McBurney v.

Halliday v. Spjute

District Court, E.D. California · Feb 18, 2020

While the qualified immunity issue was on 23 appeal, the remainder of the case went to trial, with a verdict rendered in favor of the remaining 24 … The Court will direct the Clerk of the Court to change the docket to reflect the correct spelling of Defendant Noll’s name. 1 The Ninth Circuit affirmed the denial of qualified immunity in an amended opinion and

(PC) Farha v. Foss

District Court, E.D. California · Mar 14, 2022

Thus, the court does not address Frailey’s qualified immunity argument in connection with such alleged 25 falsification. … immunity at this time.

Center for Biological Diversity v. Gould

150 F. Supp. 3d 1170 · District Court, E.D. California · Dec 14, 2015

[i]t establishes policy, sets goals ... and provides means for carrying out the policy.” 40 C.F.R. § 1500.1 (a). … Although the Ninth Circuit has “not established a minimum level of public comment and participation required by the regulations governing the EA and FONSI process, [it] clearly [has]' held that the regulations at issue‘‘must

(PC) Rojas v. Sacramento County Superior Court

District Court, E.D. California · Jul 12, 2021

The court may, therefore, dismiss a claim as frivolous when it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 U.S. at 327. … “Consequently, the clerks qualify for 10 quasi-judicial immunity unless these acts were done in the clear absence of all jurisdiction.”

Miller v. Terhune

510 F. Supp. 2d 486 · District Court, E.D. California · Aug 17, 2007

This qualified as “extreme alcohol intoxication,” approaching the level at which coma and death can occur. EH 32-33. Dr. … Generally, the AED-PA mandates that federal courts defer to the “state court’s determination of the federal issues unless that determination is contrary to, or involved an unreasonable application of, clearly established

McQuirter

District Court, E.D. California · Sep 30, 2025

McQuirter is black, that he was qualified for 5 his position as a contracting oral surgeon with defendant, or that his contract was ultimately 6 terminated. … In short, the evidence before the court on 2 || summary judgment establishes that Dr.

Quair v. Sisco

359 F. Supp. 2d 948 · District Court, E.D. California · Jul 26, 2004

Moreover, ‘banishment’ has clearly and historically been punitive in nature. … From the court’s research, petitioners’ claim is barred by the doctrine of sover *980 eign immunity.

(PC) Witkin v. Lotersztain

District Court, E.D. California · Mar 31, 2023

Katz, 533 U.S. 194 (2001), the Supreme Court set forth a two-pronged test to 23 determine whether qualified immunity exists. … was not clearly established, and defendants acted reasonably under the 11 circumstances.

(PC) Shepard v. Borum

District Court, E.D. California · Oct 14, 2022

Qualified Immunity 24 Qualified immunity applies when an official’s conduct does not violate clearly established 25 statutory or constitutional rights of which a reasonable … Officers are entitled to qualified immunity under Section 1983 27 unless (1) the officers violate a federal statutory or constitutional right, and (2) the unlawfulness 28 of their conduct was “clearly established at the

(PC) Salas v. Allison

District Court, E.D. California · Nov 29, 2021

(Id.). 5 Finally, Defendants argue that the individual capacity claims should be dismissed 6 pursuant to the doctrine of qualified immunity. (Id. at 13). … Plaintiff argues that Defendants’ argument regarding whether the rights at issue were 16 clearly established “is based on their version of the facts — which omits Defendant CORTEZ’S 17 offensive and indignant remarks

Jordan Braun v. St. George University School of Medicine

District Court, E.D. California · Mar 12, 2026

Qualified Individual with a Disability 4 A “qualified individual with a disability” is a term of art under the ADA, meaning “an 5 individual with a disability who, with or without reasonable modifications … Irreparable Harm 23 Plaintiff also sufficiently establishes irreparable harm.

Zaldivar-Galves

District Court, E.D. California · Apr 24, 2026

immunity. … (Id. at 4). 3 As to qualified immunity, Plaintiff argues it does not apply because “it was clearly 4 established that prison medical officials could not delay treatment of an

Gibralter, LLC, et al. v. DMS Flowers, LLC, et al.

District Court, E.D. California · Sep 11, 2025

. … Thus, Plaintiff’s state law 1 Plaintiffs assert that “the CDA does not immunize an entity that materially contributes to 2 the unlawful content” and argue that Teleflora is not entitled to immunity here because … Plaintiffs’ allegations do not establish 24 that Teleflora used, registered, or trafficked in the MARK.

(PS) Storer v. Placer County Superior Court

District Court, E.D. California · Aug 11, 2025

Under the doctrine of judicial 7 immunity, judges have absolute immunity for their acts related to the judicial process. 8 See In re Castillo, 297 F.3d 940, 947 (9th Cir. 2002); Demoran v. … “Under Winter, plaintiffs must establish that 28 irreparable harm is likely, not just possible, in order to obtain a preliminary injunction.” 1 Alliance for the Wild Rockies v.

(PC) Luedtke v. Griesbach

District Court, E.D. California · May 27, 2021

A dismissal for failure to state a claim relying on qualified 9 immunity counts as a strike. Reberger v. Baker, 657 F. App’x 681, 683-84 (9th Cir. … , include, but 9 are not limited to, judicial immunity, sovereign immunity, or qualified immunity.