Case law

McDonough

District Court, E.D. California · Jun 11, 2026

In reviewing a complaint under this standard, the 14 court accepts as true the factual allegations contained in the complaint, unless they are clearly 15 baseless or fanciful, and construes those allegations in the light … Cir. 2009) 19 (“It is well established that disability benefits are a protected property interest and may not be 20 discontinued without due process of law.”)

(PC) Williams v. Prudhel

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

The court may, therefore, dismiss a claim as frivolous where it is based on an 9 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 10 490 U.S. at 327. … Yeskey, 524 U.S. 206, 208 (1998). 16 “To establish a violation of Title II of the ADA, a plaintiff must show that (1) [he] is a qualified 17 individual with a disability; (2) [he] was excluded from participation in or

(PC) Brookins v. Renteria

District Court, E.D. California · Jan 19, 2022

A dismissal for failure to state a claim 14 relying on qualified immunity counts as a strike. Reberger v. Baker, 657 F. App’x 681, 683-84 15 (9th Cir. Aug. 9, 2016). … P. 12(b)(6) finding 26 Apr. 23, 1993) defendant entitled to qualified immunity. 27

(PS) Davis v. Jacques

District Court, E.D. California · Nov 7, 2024

Plaintiff contends that his SAC “sufficiently alleges 23 that the violations were a result of established practices and policies.” (Id.) … He argues that his SAC should not be dismissed because he 9 “articulated [his] claims and legal precedents clearly and receive [sic] no rebuttal” and his TRO 10 should be granted because “the magistrate judge did not

(PS) Johnson v. United States (FBI)

District Court, E.D. California · May 20, 2022

of 8 sovereign immunity. … As a sovereign, the United States is immune from suit unless it has 13 waived that immunity. United States v. Mitchell, 463 U.S. 206, 212 (1983).

(PS) Brosnan v. State of California

District Court, E.D. California · Aug 12, 2025

“Will establishes that the State and arms of the State, 1 which have traditionally enjoyed Eleventh Amendment immunity, are not subject to suit 2 under § 1983 in either federal court or state court.” Howlett v. … More importantly, Defendant State of California is immune from 23 suit based on Eleventh Amendment immunity. See Howlett, 496 U.S. at 365.

Athwal v. County of Stanislaus

District Court, E.D. California · Jul 28, 2020

Eleventh Amendment Immunity 25 Defendants claim the District Attorney and her office are state actors protected under 26 Eleventh Amendment immunity and thus cannot be held liable under § 1983. … However, prosecutors “enjoy only qualified immunity, 25 not absolute immunity, for investigatory, administrative, or investigative functions.”

(PC) Barrett v. Messer

District Court, E.D. California · Dec 29, 2023

15 Defendants Liang and Ramirez contend they are entitled to qualified immunity. … no clearly established right to retain 19 property that violates prison regulations.

(PS) Gigena v. Sexton

District Court, E.D. California · Sep 29, 2023

SCREENING 26 A determination that a plaintiff qualifies financially for in forma pauperis status does not 27 complete the inquiry required by the statute. … IFP statute requires federal courts to 28 dismiss a case if the action is legally “frivolous or malicious,” fails to state a claim upon which 1 relief may be granted, or seeks monetary relief from a defendant who is immune

(PS) Wu v. Dept. of Health and Human Services

District Court, E.D. California · Feb 4, 2025

and accommodations of any place of public accommodation, as defined in this 14 section, without discrimination or segregation on the ground of race, color, religion, or national 15 origin.”); 42 U.S.C. § 12132 (“[No qualified … 22, 2021) (“To state a claim for 21 discrimination under the Unruh Act, a plaintiff must allege: (1) that he was denied full and equal 22 accommodations, advantages, facilities, privileges, or services in a business establishment

Peace Ranch LLC v. Newsom

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

Analysis 11 Defendants first move to dismiss all claims against 12 Governor Newsom and the state-law claims based on sovereign 13 immunity … “[A]t the pleading stage, the 11 plaintiff must clearly allege facts demonstrating each element.” 12 Id.

Kuppinger

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

also argue in their summary judgment motion that they are entitled to 11 qualified immunity, but because they initially exempted Claim 4’s cell-side use of force from 12 their motion, their argument did not apply to … Pohovich 13 and Lujan have not made any qualified immunity argument in their supplemental briefing on 14 Claim 4. ECF No. 48.

(PC) Martinez v. Lynch

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

or portion thereof if the prisoner has raised claims that are legally 22 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 23 monetary relief from a defendant who is immune … “To establish a violation of Title II of the ADA, a plaintiff must show that (1) [he] is a 13 qualified individual with a disability; (2) [he] was excluded from participation in or otherwise 14 discriminated against with

Schieler v. United States

642 F. Supp. 1310 · District Court, E.D. California · Aug 4, 1986

The testimony established that in keeping with that policy and to enforce compliance, the Superintendent of Sequoia National Park established a sign committee. … United States, 350 U.S. 61 , 76 S.Ct. 122 , 100 L.Ed. 48 (1955), began diminishing the immunity from suit of the federal government.

(PC) Brookins v. Martinez

District Court, E.D. California · Oct 2, 2024

P. 12(b0(6) finding defendant entitled to qualified immunity).3 23 /// 24 /// 25 … These allegations clearly do not demonstrate that Plaintiff was in imminent danger of 12 serious physical injury at the time he filed the complaint. See Andrews, 493 F.3d at 1053.

(PS) Ingels v. Court of Appeals of the State of CA, 3rd District

District Court, E.D. California · Apr 12, 2022

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.

(PC) Davis v. Spearman

District Court, E.D. California · Apr 19, 2022

immunity. … As such, the Undersigned does not address Defendant Spearman’s 19 actions or whether he is entitled to qualified immunity. 20 Prisoners seeking relief under § 1983 must exhaust all available administrative

(PC) Ginochio v. Andre

District Court, E.D. California · Apr 8, 2025

complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 13 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 14 490 U.S. at 327.

Brooke v. Hatmaker Law Corporation

District Court, E.D. California · Mar 27, 2023

These communications 19 —related to both settlement offers and motion practice— establish that counsel were engaged in, at a 20 minimum, “conduct incidental to a petition.” … Consequently, the identified conduct qualifies as protected activities. 24 ii.

(PC) Calderon v. Mnuchin

District Court, E.D. California · Sep 9, 2021

To qualify for the payments, a 27 person must be a United States citizen, lawful permanent resident (“green card” holder), or a qualifying resident alien, and must have a Social Security number.” Sileoni v. … An equal 19 protection claim may be established by showing that defendants intentionally discriminated 20 against plaintiff based on his membership in a protected class, Hartmann, 707 F.3d at 1123, or 21 that similarly