Case law

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  • Johnston v. Merced District Attorney's Office

    District Court, E.D. California · May 6, 2020

    to qualifying state officials sued under 42 U.S.C. § 1983. 20 Miller v. … well- established and well-understood common-law tradition that extended absolute 22 immunity to individuals performing functions necessary to the judicial process” 23

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  • Phommathep v. County of Tehama

    District Court, E.D. California · Aug 4, 2020

    Qualified Immunity 19 Qualified immunity protects government officers from “liability for civil damages insofar 20 as their conduct does not violate clearly established statutory … Qualified immunity questions are to be resolved at the 23 “earliest possible stage in litigation” because qualified immunity is “an immunity from suit rather 24 than a mere defense to liability.”

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  • McFadyen v. County of Tehama

    District Court, E.D. California · Aug 4, 2020

    Qualified Immunity 19 Qualified immunity protects government officers from “liability for civil damages insofar 20 as their conduct does not violate clearly established statutory … Qualified immunity questions are to be resolved at the 23 “earliest possible stage in litigation” because qualified immunity is “an immunity from suit rather 24 than a mere defense to liability.”

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  • A.H. v. County of Tehama

    District Court, E.D. California · Aug 4, 2020

    Qualified Immunity 19 Qualified immunity protects government officers from “liability for civil damages insofar 20 as their conduct does not violate clearly established statutory … Qualified immunity questions are to be resolved at the 23 “earliest possible stage in litigation” because qualified immunity is “an immunity from suit rather 24 than a mere defense to liability.”

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  • Woods v. County of Tehama

    District Court, E.D. California · Aug 4, 2020

    Qualified Immunity 19 Qualified immunity protects government officers from “liability for civil damages insofar 20 as their conduct does not violate clearly established statutory … Qualified immunity questions are to be resolved at the 23 “earliest possible stage in litigation” because qualified immunity is “an immunity from suit rather 24 than a mere defense to liability.”

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  • (PC) Anderson v. Pena

    District Court, E.D. California · Jun 30, 2023

    immunity.1 25 See ECF No. 30-1, pgs. 5-11. … an Eighth Amendment claim; and (3) Defendant is 14 entitled to qualified immunity.

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  • (PC) Valera v. Vasquez

    District Court, E.D. California · Aug 13, 2024

    immunity. … Lewis, 523 U.S. 833, 841 n.5 (1998) (“[T]he better approach to resolving cases in which the defense of qualified immunity is raised is to determine 28 first whether the plaintiff has alleged the deprivation of a constitutional

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  • McCoy v. Department of Army

    789 F. Supp. 2d 1221 · District Court, E.D. California · Jun 1, 2011

    Pacific Bell, 963 F.2d 264, 268 (9th Cir.1992) (equitable tolling appropriate “when the EEOC’s notice of the statutory period was clearly inadequate.”). … Clearly Brown’s intent is for the trier of fact, and cannot be disregarded simply because she says so. Moreover, other evidence has been produced by plaintiff.

    Cited 6 timesPublished
  • Alicia Lutsuk v. Central Intelligence Agency

    District Court, E.D. California · Feb 27, 2026

    expressly and unequivocally waives its sovereign immunity.” … The Complaint consists of 3 incoherent allegations that fail to establish Plaintiff’s causes of action.

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  • (PS) Castaneda v. State of CA DMV

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

    Cal. 2006) (identifying the DMV as a state agency and holding that Eleventh 25 Amendment immunity applies). … immunity extends to state agencies).

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  • (PS) Cramer v. City of Auburn

    District Court, E.D. California · Apr 3, 2025

    “Like other forms of official immunity, 25 judicial immunity is an immunity from suit, not just from ultimate assessment of damages.” 26 Mireles v. Waco, 502 U.S. 9, 11 (1991). … taken against a person in connection with the prosecution of criminal claims. 14 “Like other forms of official immunity, judicial immunity is an immunity from suit, not just from 15 ultimate assessment of damages.”

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  • (PS) Chiu v. Iu Mien Church

    District Court, E.D. California · Nov 20, 2024

    SCREENING REQUIREMENT 23 A determination that a plaintiff qualifies financially for IFP status does not 24 complete the inquiry required by the statute. … screen every IFP proceeding, and must order dismissal of the case if it is “frivolous 2 or malicious,” “fails to state a claim on which relief may be granted,” or “seeks monetary 3 relief against a defendant who is immune

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  • Jensen v. Knowles

    621 F. Supp. 2d 921 · District Court, E.D. California · Dec 9, 2008

    The record clearly establishes that Plaintiff commenced the litigation at least two days before the grievance process was exhausted, as evidenced by Plaintiffs initial complaint filed on October 29, 2002, and the Director … This claim clearly does not qualify for the imminent danger exception as the Defendants’ actions did not place Plaintiff in serious physical danger. See 28 U.S.C. § 1915 (g).

    Cited 8 timesPublished
  • Walker v. Higher Education Loan Authority of the State of Missouri

    District Court, E.D. California · May 9, 2022

    As a result of 12 Defendants’ actions, Plaintiff claims her credit was negatively affected, her credit cards were 13 closed, she cannot qualify for an affordable car loan or home loan, her tax return refund was 14 garnished … Mar. 7, 2016) (granting unopposed motion to stay 4 discovery pending ruling on motion to dismiss on qualified immunity grounds); Ministerio Roca 5 Solida v. U.S. Dep’t of Fish & Wildlife, 288 F.R.D. 500, 506 (D.

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  • StanCERA

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

    16 immunity. … Because the Court 21 recommends dismissal based on failure to state a claim under Federal Rule of Civil 22 Procedure 12(b)(6), it declines to reach the qualified immunity, propriety of injunctive 23 relief, abstention

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  • Redick III v. County of Tuolumne

    District Court, E.D. California · May 6, 2025

    21 “It has long been established that judges are absolutely immune from liability for acts 22 done by them in the exercise of their judicial functions.” … , 793 F.2d at 1078 (“We therefore 12 hold that a conspiracy between judge and prosecutor to predetermine the outcome of a judicial 13 proceeding, while clearly improper, nevertheless does not pierce the immunity extended

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  • (PS) Brosnan v. Newsom

    District Court, E.D. California · Jan 14, 2025

    “Just as false statements are not immunized by the First Amendment right to freedom of speech, ... baseless litigation is 16 not immunized by the First Amendment right to petition.” … It is well-established in caselaw, as discussed 18 supra, that California’s vexatious litigant statute is constitutional and does not violate the First or 19 Fourteenth Amendments.

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  • (HC) Taylor v. Cisneros

    District Court, E.D. California · Jan 6, 2023

    Circuit court precedent “may be persuasive in determining what law is clearly 25 established and whether a state court applied that law unreasonably.” Stanley, 633 F.3d at 859 26 (quoting Maxwell v. … Further, where 4 courts of appeals have diverged in their treatment of an issue, there is no “clearly established 5 Federal law” governing that issue. Carey v.

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  • (PS) Chiu v. President of US Donald Trump

    District Court, E.D. California · Jun 24, 2024

    SCREENING 22 A determination that a plaintiff qualifies financially for in forma pauperis status does not 23 complete the inquiry required by the statute. … IFP statute requires federal courts to 24 dismiss a case if the action is legally “frivolous or malicious,” fails to state a claim upon which 25 relief may be granted, or seeks monetary relief from a defendant who is immune

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  • (PC) Price v. Iqbal

    District Court, E.D. California · Jun 30, 2022

    Affirmative Defense: Qualified Immunity 3 In the alternative, defendants argue that they are entitled to qualified immunity. … Qualified 4 immunity shields officials from civil liability if their conduct “‘does not violate clearly 5 established statutory or constitutional rights of which a reasonable person would have 6 known.’”

    Cited 0 timesUnknown

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