Case law
Opinions from 1658 to today.
6,306 results
1.64s
624 F. Supp. 2d 1218 · District Court, E.D. California · May 20, 2009
He has been forced to sleep outside along the American River when unable to qualify for emergency housing. L. … Other cities include as a required element sitting, lying, or sleeping in clearly defined and limited zones.” Id., 444 F.3d at 1123 (internal citations omitted).
Cited 6 timesPublishedMaximum Comfort, Inc. v. Thompson
323 F. Supp. 2d 1060 · District Court, E.D. California · Jun 28, 2004
Medicare reimburses Maximum Comfort for qualifying DME supplied to its beneficiaries. … The Ninth Circuit’s opinion, limited to the issue of billing requirements, is clearly distinct from the question presented here. Indeed, Cmty. Hosp. indirectly supports the plaintiffs position.
Cited 5 timesPublished452 F. Supp. 802 · District Court, E.D. California · Jun 6, 1978
The court’s reasoning, although strained, clearly indicates an inclination to limit the class of claims that must be certified under § 437h. 12 *809 In the recent case of Clark v. … The procedure established by § 437h is an extraordinary one. The court of appeals is called upon to consider a certified constitutional claim sitting en banc, instead of the usual panel hearing.
Cited 8 timesPublishedDistrict Court, E.D. California · Mar 3, 2023
The court may, therefore, dismiss a claim as frivolous where it is based on an 1 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 2 490 U.S. at 327. … “To establish a violation of Title II of the ADA, a plaintiff must 27 show that (1) [he] is a qualified individual with a disability; (2) [he] was excluded from 28 participation in or otherwise discriminated against with
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 10, 2020
(dismissed on February 12, 2018 for failure to state a claim and for seeking monetary damages against immune defendants where immunity defense was apparent on the face of Plaintiff’s first amended complaint); (3) … Harris, 935 F.3d 670, 675-76 (9th Cir. 2019) (stating that 25 dismissal on immunity grounds may qualify as a strike for failure to state a claim where the immunity defense is clear on the face of the complaint); Harris
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 11, 2025
This broad and conclusory assertion of unconstitutionality is contrary to clearly established 22 law. 23 3. … In other 17 words, there is no defendant clearly attached to these allegations.
Cited 0 timesUnknown(PS) Wilkinson v. El Dorado Co Health and Humans Services Agency
District Court, E.D. California · Jun 9, 2025
However, for other tasks, social workers have only qualified immunity. … AMENDING THE COMPLAINT 25 If plaintiff chooses to amend the complaint, the amended complaint must allege facts 26 establishing the existence of federal jurisdiction.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 19, 2023
The doctrine of qualified immunity 24 protects government officials from liability insofar as their conduct does not violate clearly 25 established rights of which a reasonable person would have known. Pearson v. … Qualified immunity would not apply under these circumstances. 6 Accordingly, qualified immunity does not provide a basis for dismissal. 7 b.
Cited 0 timesUnknownFriends of Hope Valley v. Frederick Co.
268 F.R.D. 643 · District Court, E.D. California · Jul 19, 2010
“[T]o qualify for protection against discovery under Rule 26(b)(3), material must have two characteristics: (1) it must be prepared in anticipation of litigation or for trial; and (2) it must be prepared by or for another … Under a plain reading of Rule 26(b)(3)(A), these questionnaires meet the definition of work product material because they were clearly prepared in anticipation of litigation by or for a party or its representative.
Cited 13 timesPublished214 F. Supp. 3d 922 · District Court, E.D. California · Oct 7, 2016
precedent overruled. 3 The Sign Code in Reed exempted certain signs from a general prohibition and imposed different restrictions on “Ideological Signs,” “Political Signs,” and “Temporary Directional Signs Relating to a Qualifying … Bland is not clearly irreconcilable with Citizens United and thus Bland remains binding on this Court.
Cited 2 timesPublishedDistrict Court, E.D. California · Mar 7, 2023
The 15 doctrine of qualified immunity protects “government officials ... from liability for civil damages 16 insofar as their conduct does not violate clearly established statutory or constitutional rights of 17 which … Plaintiff also includes legal briefing addressing qualified 25 immunity. (Id. at 22-23.)
Cited 0 timesUnknown(PC) Welk v. CA. Dept. of Corrections
District Court, E.D. California · May 17, 2022
Defendant Scott denied plaintiff 8 “any accommodation despite the now clearly established risk of further substantial harm.” … Columbia River Corr. 4 Inst., 384 F.3d 791, 792 (9th Cir. 2004) (per curiam) (“Our precedent clearly commands the 5 conclusion that the State is not entitled to Eleventh Amendment immunity under Title II of the 6 ADA
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 4, 2022
The court addresses the 3 immunity question first below. 4 1. … The California Legislature amended the law, effective January 1, 13 2021, to make the privilege a qualified one, Cal. Civ. Proc.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 22, 2025
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 10 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … immunity).
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 23, 2025
Officer Day told Plaintiff that he did not qualify for the inmate compensation claim 8 because he has a life sentence with no parole date. 9 III. … Moore, 547 U.S. 250 (2006). 15 The basis of a Bivens action is some illegal or inappropriate conduct on the part of a federal 16 official or agent that violates a clearly established constitutional right. Baiser v.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 27, 2020
However, a determination that a plaintiff qualifies financially for in forma 1 pauperis status does not complete the inquiry required by the statute. … Immunity 22 It appears from the allegations found in the complaint that several defendants may be 23 immune.
Cited 0 timesUnknownMonterrubio v. Best Buy Stores, L.P.
291 F.R.D. 443 · District Court, E.D. California · May 14, 2013
In re Immune Response Secs. Litig., 497 F.Supp.2d 1166, 1174 (S.D.Cal. 2007). … Unclaimed funds, if any, will be reallocated to the Qualified Claimants.
Cited 76 timesPublished567 F. Supp. 662 · District Court, E.D. California · Aug 24, 1983
Clearly this claim distinguishes the instant case from those noted above. … The manner of the search in issue clearly bears on these questions. 35 .
Cited 23 timesPublished(PC)Vargas v. Internal Revenue Service
District Court, E.D. California · Apr 15, 2022
The court must dismiss a claim as frivolous where it is based on an indisputably 13 meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 14 327. … Constitutional Claims 18 As an agency of the United States, the IRS is immune from suit in the absence of 19 Congressional authorization. City of Whittier v.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 17, 2024
If plaintiff chooses to 10 amend the complaint to proceed on the remainder of his claims, he must clearly state which 11 defendant is responsible for each alleged violation. 12 2. … Claims under the Bane Act may be brought 4 against public officials who are alleged to interfere with protected rights, and qualified immunity 5 is not available for those claims.
Cited 0 timesUnknown
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