Case law

Mehl v. Blanas

241 F.R.D. 653 · District Court, E.D. California · Mar 27, 2007

(“Defendants”) violated the United States Constitution’s guarantees of equal protection and freedom of association; the privileges and immunities clause of the Fourteenth Amendment; the “right to self preservation” Plaintiffs … Federal common law recognizes a qualified privilege for official information. Government personnel files are considered official information.

(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.

(PC) Johnson v. Fernandez

District Court, E.D. California · Sep 10, 2024

he was COVID-19 positive, because the cellmate— 2 while living in close quarters with Plaintiff—had already been infected and contagious for days 3 before receiving the test result; and (3) Defendant is entitled to qualified … immunity because it was 4 not clearly established that returning a prisoner to his cell after delivering the results of a 5 COVID19 test from two days prior would violate his or his cellmate’s Eighth Amendment rights

(PS) Greer v. Curry

District Court, E.D. California · May 29, 2025

The conduct Plaintiff challenges as to these defendants clearly 15 relate to their judicial duties. See In re Castillo, 297 F.3d at 947. … The Complaint consists of 18 vague and conclusory allegations that fail to establish Plaintiff’s causes of action.

(PC) Gray v. Clark

District Court, E.D. California · Aug 10, 2022

Qualified Immunity 27 Qualified immunity applies when an official’s conduct does not violate clearly established 28 statutory or constitutional rights of which a reasonable … Officers are entitled to qualified immunity under Section 1983 unless (1) the 2 officers violate a federal a federal statutory or constitutional right, and (2) the unlawfulness of their 3 conduct was “clearly established

Jana Williams v. City of Fresno, et al.

District Court, E.D. California · Jul 6, 2026

To establish a violation of § 10 504 of the RA, a plaintiff must show that (1) she is handicapped within the meaning of the RA; (2) she is otherwise qualified for the benefit or services 11 sought; … As an initial matter, Plaintiff has not established 16 that she is disabled.

Delano Farms Co. v. California Table Grape Commission

546 F. Supp. 2d 859 · District Court, E.D. California · Mar 31, 2008

This has led to a process currently underway to amend the E.U. legislation to clearly establish a 10 ppm S02 tolerance on fresh grapes. Approval of the amendment is expected by spring 2006. c. … Moreover, no waiver of sovereign immunity can be found, except if the legislature has clearly and unequivocally so provided. 8.

Epperson v. United States

District Court, E.D. California · Sep 8, 2022

It is well 11 established that a layperson cannot ordinarily represent the interests of a class. See White v. 12 Geren, 310 F. … To establish a prima facie case of intentional 5 discrimination (known as “disparate treatment”) under Title VII, a plaintiff must show that: “(1) 6 he is a member of a protected class; (2) he was qualified for his position

Gardner v. American Home Mortgage Servicing, Inc.

691 F. Supp. 2d 1192 · District Court, E.D. California · Feb 11, 2010

Plaintiff objects to Defendants’ request for judicial notice, arguing that at most, “the documents establish, date and location of filing and the identity of the filer” but “do not establish the Moving Parties’ actions.” … Plaintiffs fraud allegations are conclusory and clearly fail to satisfy the requirements of Rule 9(b). Plaintiff has merely restated the elements of a fraud claim without providing any factual support.

Stevens

District Court, E.D. California · Mar 30, 2026

(Id.). 19 Finally, Defendants assert entitlement to qualified immunity, arguing that no clearly 20 established law prohibited their conduct under the circumstances. … Qualified Immunity 7 In the alternative, Defendants assert that they are entitled to qualified immunity in this 8 case because no official in their position would believe

(PC) Wilson v. High Desert State Prison

District Court, E.D. California · May 13, 2025

The court may, therefore, dismiss a claim as frivolous where it is based on an 6 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 7 490 U.S. at 327. … Hammond, 821 F.3d 1085, 1 1092 (9th Cir. 2016) (internal quotations and citations omitted) (evaluating merits of Eighth 2 Amendment claim in context of qualified immunity).

(PC) Rajagopal v. Modesto Police Department

District Court, E.D. California · Dec 16, 2024

The court may, therefore, dismiss a claim as frivolous where it is based on an 6 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 7 490 U.S. at 327. … court may dismiss without leave to amend. 14 Cato, 70 F.3d at 1005-06. 15 The court finds that, as set forth above, plaintiff’s allegations against defendants cannot 16 establish

(HC) Wong v. Samuel

District Court, E.D. California · Jul 5, 2023

The focus of the latter inquiry is on whether the state court’s application of clearly established federal law is 3 objectively unreasonable, and we stressed in Williams [v. … Clearly, defendant struck Junior’s vehicle twice with 12 substantial force.

Department of Toxic Substances Control v. Interstate Non-Ferrous Corp.

99 F. Supp. 2d 1123 · District Court, E.D. California · May 25, 2000

In this Circuit, judicial decisions clearly establish the retrospective effect of a statutory amendment that is a clarification. See United States v. Innie, 77 F.3d 1207 (9th Cir.1996) (quoting United States v. … This suggests Section 127 confers absolute immunity from suit. It does not. Absolute immunity is only granted in ex *1134 tremely rare eases. See Bogan v.

(PC) Lear v. Sahota

District Court, E.D. California · Nov 5, 2020

On May 18, 2020, plaintiff filed the present motions for sanctions and to strike defendants’ 3 assertion of a qualified immunity defense. (ECF No. 64.) … immunity defense.

J.A. v. Madera County

District Court, E.D. California · Jan 26, 2023

Additionally, the record before the court in Conway clearly 13 established that the firing of the tear gas canister into the plaintiff’s home “involved an actual 14 exercise of discretion, i.e., a conscious balancing … immunity is not 22 available for those claims.”

(PC) Hammler v. Hernandez

District Court, E.D. California · Sep 10, 2024

all four Turner factors favor Defendant. 19 Defendant also contends he is entitled to qualified immunity. 20 B. … Immunity 26 Defendant also contends he is entitled to qualified immunity.

(PS) Padilla v. Bluebond

District Court, E.D. California · May 5, 2023

However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … Under this standard, a court must dismiss a 21 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 22 factual contentions are clearly baseless.

Delano Farms Co. v. California Table Grape Commission

940 F. Supp. 2d 1229 · District Court, E.D. California · Mar 25, 2013

On the other hand, market testing and/or commercial testing do not qualify as “experimental uses.” … Ramming’s testimony clearly indicates that the experiments were performed to assess how Scarlet Royal would respond to different growing practices after its release: Q.

Rouser v. White

944 F. Supp. 1447 · District Court, E.D. California · Oct 28, 1996

Such a result, while possible, clearly would be contrary to Congress’ announced intention of restoring protection of religious freedom. … The Fourteenth Amendment, of course, prohibits the states from abridging "the privileges or immunities of citizens of the United States.”