Case law

(PS) Dmitriy v. Yuriy

District Court, E.D. California · Jan 16, 2020

SCREENING 22 A determination that a plaintiff qualifies financially for in forma pauperis status does not 23 complete the inquiry required by the statute. … Dismissal with prejudice is further supported by the fact that the complaint is clearly 3 || frivolous, lacking any basis in law or fact.

(PC) Doiel v. United States of America

District Court, E.D. California · Mar 1, 2023

In a separate motion to dismiss, 21 Defendant Allred argues: (1) Plaintiff fails to state a claim upon which relief can be granted; and 22 (2) Defendant Allred is entitled to qualified immunity. … Qualified Immunity 22 Defendant Allred also argues he is entitled to qualified immunity. See ECF No. 23 42-1, pgs. 6-7. Because the undersigned recommends Dr.

(PC) Seymour v. Ledbetter

District Court, E.D. California · Jun 27, 2025

blanket of entitled immunity. … immunity, and clarifies he is moving for summary judgment based on 24 qualified immunity as set forth in his motion. 25 VI.

Pinnacle Armor, Inc. v. United States

923 F. Supp. 2d 1226 · District Court, E.D. California · Feb 12, 2013

This does qualify these documents for consideration under the “relevant factors” exception. Document 5. … Documents qualify for consideration.

Purnell

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

(Doc. 59.) 1 the course of the arrest, and that he was protected by qualified immunity. (Doc 36.) … Qualified Immunity 2 Defendant also asserts that the Court should grant summary judgment on the basis of 3 qualified immunity.

Wilson-Combs v. California Department of Consumer Affairs

555 F. Supp. 2d 1110 · District Court, E.D. California · May 14, 2008

There are, however, statutory exceptions to co-employee immunity. … If the court determines that it lacks subject matter jurisdiction at any time during the proceedings — even if established under a party's successive motion to dismiss' — it must dismiss the action.

McGuire v. Beckmann

District Court, E.D. California · Sep 6, 2019

Beckmann qualifies as such a 28 physician as set forth below. 1 i. … Beckmann, who 20 should be dismissed pursuant to his official immunity.”).)

(PC) James v. Dominisse

District Court, E.D. California · Dec 4, 2024

The court may dismiss a claim as frivolous if it is based on an indisputably 19 meritless legal theory or where the factual contentions are clearly baseless. … Plaintiff does not allege any 20 conduct by a defendant that would qualify as action taken under color of state law for purposes of 21 this civil rights suit.

(PS) Eisner v. Hollister

District Court, E.D. California · Jan 7, 2022

clearly identify which defendants are allegedly at fault for the constitutional violation; v. … Further, prosecutors can obtain qualified immunity when they perform 11 administrative or investigative functions beyond their adjudicatory role.

(PC) Hossein v. Sheriff Police Dept.

District Court, E.D. California · Nov 28, 2023

The court may, therefore, dismiss a claim as frivolous when it is based on an 14 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 15 490 U.S. at 327. … Ray, 386 U.S. 547, 553-55 (1967) (applying judicial 22 immunity to actions under 42 U.S.C. § 1983); See Mitchell v. Forsyth, 472 U.S. 511, 526 (1985) 23 (noting that judicial immunity is an immunity from suit).

Navarrete

District Court, E.D. California · Feb 17, 2026

Even gross negligence is 4 insufficient to establish deliberate indifference to serious medical needs. … “In the simplest and most absolute of terms ... 3 prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse ....” 4 Schwenk, 204 F.3d at 1197.

Alo v. Goldsmith

District Court, E.D. California · Jun 28, 2023

Because Holt cannot establish 15 that he had a property interest in receiving PRHF funds, he cannot establish that he was entitled 16 to notice and a hearing under the due process clause.”). … Roth, 408 U.S. 564, 577 (1972) (“To have a property interest in a benefit, a person clearly must have 25 more than an abstract need or desire for it.

(PC) O'Connor v. California Department of Corrections & Rehabilitation

District Court, E.D. California · Sep 2, 2025

Americans With Disabilities Act 13 The Americans with Disabilities Act (“ADA”) provides, “no qualified individual with a 14 disability shall, by reason of such disability, be excluded from … Even gross negligence is insufficient to establish deliberate indifference to 27 serious medical needs. See Wood v.

(PS)Young v. Burlingham

District Court, E.D. California · Jun 29, 2022

Pearl is immune from suit for these 24 actions under the doctrine of quasi-judicial immunity. See Moore v. … Pearl, she is immune from suit. 5 2.

(PS) Shao v. Roberts

District Court, E.D. California · Mar 2, 2022

immune from suit. … “Like other forms of immunity, 14 judicial immunity is an immunity from suit, not just from ultimate assessment of damages.” 15 Mireles v. Waco, 502 U.S. 9, 11 (1991).

(PS) Rigor v. Sacramento Regional Transit

District Court, E.D. California · May 16, 2025

Plaintiff should 2 || clearly allege whether her 2008 conviction has been invalidated on appeal, vacated, or otherwise 3 || set aside. … DaGrossa, 756 F.2d 1455, 1458 (9th Cir. 1985) (“It is well settled that 12 | the United States is a sovereign, and, as such, is immune from suit unless it has expressly waived 13 | such immunity and consented to be sued

Ghiorso

District Court, E.D. California · Nov 21, 2025

allegations 20 against Chabers for declining to consider Plaintiff for certain positions (id. ¶ 22) and 21 against all three Defendants for failing to investigate his complaints of harassment (id. 22 ¶ 66) likely qualify … As Defendant USAWCA does 28 not challenge the joinder of these Defendants based on procedural defenses and 1 | immunities, it has a “heavy burden” to prove they were fraudulently joined.

(PC) Davis v. Lynch

District Court, E.D. California · Feb 5, 2025

The Court must dismiss a complaint or 24 portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can 25 be granted; or (3) seeks monetary relief from a defendant who is immune … California Penal Code section 2085.8 11 Plaintiff claims that “Penal Code 2085.8(c) clearly states that only ‘5 percent’ is to 12 go to restitution.

Redick III v. County of Tuolumne

District Court, E.D. California · May 15, 2025

Despite being disqualified, Judge Seibert continued to issue rulings, including 6 judgments and orders, ignoring established disqualification … 19 “It has long been established that judges are absolutely immune from liability for acts 20 done by them in the exercise of their judicial functions.”

(PC) Hearns v. Gonzales

District Court, E.D. California · Mar 31, 2020

Even considering the other 1 || aspects of Islam that Plaintiff was able to practice, the Court would still find that the evidence 2 || does not establish as a matter of law that Plaintiff suffered no First Amendment violation … Williams, 791 F.3d 1023, 10 |) 1033 (9th Cir. 2015) (finding qualified immunity was not appropriate where prison personnel 11 required a Muslim inmate to prepare pork over a one to two day period and when no alternatives