Case law
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Keith Darnell Johnson v. California Correctional Healthcare Services, et al.
District Court, E.D. California · Feb 10, 2026
Dep’t. of Corrs., 554 F.3d 19 747, 752 (9th Cir. 2009) (finding CDCR and California Board of Prison Terms entitled to 20 Eleventh Amendment immunity). … (ECF No. 1 at 3.) 18 This Court first observes that it can find no authority establishing a claim for breach of the 19 implied covenant of good faith and decency.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 28, 2023
immunity. … ECF No. 34-1 at 11-14. 26 Moreover, defendant is entitled to qualified immunity because “there is no clearly established law 27 preventing an officer from arresting a suspect who has committed a felony in his presence
Cited 0 timesUnknown(PS) Turner v. Yolo Police Department
District Court, E.D. California · Jun 23, 2025
Plaintiff has not clearly 19 alleged facts supporting an Eighth Amendment claim. … If the 15 amended complaint names the police department as a defendant, Plaintiff must include allegations 16 to establish municipal liability.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 2, 2022
The doctrine of Ex Parte 24 Young provides a narrow but well-established exception to Eleventh Amendment immunity for 25 certain suits seeking declaratory and injunctive relief against unconstitutional actions taken by … 22 In addition, the complaint’s allegations fail to establish plaintiff’s standing under Article 23 III.
Cited 0 timesUnknownArreola v. County of Fresno Public Defender's Office
District Court, E.D. California · Mar 11, 2020
In keeping with good faith policies of transparency held by the Fresno Police Department the establishment for a factual 5 basis for this claim should be clearly and quickly available. … Plaintiff states “in keeping with good faith policies of transparency held by the 12 Fresno Police Department the establishment for a factual basis for this claim should be clearly 13 and quickly available.”
Cited 0 timesUnknownOhanian v. Irwin (In Re Irwin)
338 B.R. 839 · District Court, E.D. California · Mar 2, 2006
they are clearly erroneous.” … ’s findings of facts unless they are clearly erroneous.”
Cited 25 timesPublishedDistrict Court, E.D. California · May 25, 2026
Respondents 26 argue that the EAJA’s use of this language constitutes only a “partial” waiver of sovereign 27 immunity that must be strictly interpreted in favor of the United Stages. … where the entries immediate above reflect work by a different attorney). 24 Further, although counsel attests that his firm charges $250 per hour for paralegal rates 25 (Doc. 28-3 ¶ 6), counsel has not sufficiently established
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 2, 2020
Immunity 2 Kelso argues that, as CDCR receiver appointed by the Plata court, he enjoys quasi- 3 judicial immunity. … While plaintiff 24 is correct that defendant’s status as receiver does not always entitle him to immunity, it has been 25 clearly established by this court that negligent supervision is the sort of claim for which immunity
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 2, 2021
. § 1915(g) because Plaintiff has had at least three 23 dismissals that constitute strikes and he has not established he meets the imminent danger 24 exception. … A dismissal for failure to state a claim relying on qualified 17 immunity counts as a strike. Reberger v. Baker, 657 F. App’x 681, 683-84 (9th Cir. Aug. 9, 18 2016).
Cited 0 timesUnknown(PS) McDonald v. Department of Motor Vehicles
District Court, E.D. California · May 9, 2022
However, a determination that a plaintiff qualifies financially for in forma 7 pauperis status does not complete the inquiry required by the statute. … Under this standard, a court must dismiss a 24 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 25 factual contentions are clearly baseless.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 25, 2022
IFP statute requires federal courts to 25 dismiss a case if the action is legally “frivolous or malicious,” fails to state a claim upon which 26 relief may be granted, or seeks monetary relief from a defendant who is immune … In reviewing a complaint under this standard, the 9 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 10 are clearly baseless or fanciful, (2) construe those allegations
Cited 0 timesUnknownDistrict Court, E.D. California · May 1, 2025
Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004) (internal citation omitted). 16 2 Plaintiff does not clearly identify in her complaint which defendants … Judicial immunity for a state judge does not apply to claims for injunctive relief.
Cited 0 timesUnknownOstrach v. Regents of the University of California
957 F. Supp. 196 · District Court, E.D. California · Mar 17, 1997
Section 12112(a) provides: General rule No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring … As I explain in the text, not only does the statutory language clearly create individual liability, any contrary reading violates established canons of statutory construction. 6 .
Cited 24 timesPublishedDistrict Court, E.D. California · Dec 3, 2024
If only a portion 27 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 1 A Party or Non-Party that makes original documents or materials available for inspection need … If only a portion or portions of the material on a page qualifies for protection, the 9 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 10 markings in the margins).
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 28, 2023
Rather, plaintiff argues 14 because Kelso has been dismissed and no other defendants established a separate ground for 15 removal, the case should be remanded. Objs. at 6–7. … Dec. 20, 2022) (unpublished) (holding 12 “federal receivers also are entitled to immunity from a suit for damages”).
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 1, 2023
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
Cited 0 timesUnknownHoffman v. Jelly Belly Candy Company, Inc.
District Court, E.D. California · Mar 13, 2020
The inadvertent 27 production of documents or materials subject to the attorney-client privilege, work-product 28 immunity or any other applicable privilege or immunity shall not constitute a waiver of the 1 privilege … or immunity. 2 12.
Cited 0 timesUnknownAlvarez v. Harder Mechanical Contractors
District Court, E.D. California · Jun 6, 2025
The address of Harder Mechanical, without more, is insufficient to 1 establish the citizenship of the individual defendants. 2 D. … This prohibition applies to all employees, regardless of whether 26 they qualify as “disabled” under the ADA.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 16, 2021
Cal. 8 Nov. 30, 2015) (“Without deciding the issue, the Court has reason to doubt that the form of a 9 grievance is a proper distinction to be drawn in terms of a ‘clearly established right.’ ”), report 10 and recommendation … In light of this 28 1 | recommendation, the Court declines to consider defendant’s argument that he is entitled to 2 | qualified immunity. 3
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 3, 2022
established constitutional or statutory right of which a 7 reasonable prison official would have known, and thus she is entitled to qualified immunity. … Defendant’s Qualified Immunity Affirmative Defense 26 In the alternative, defendant argues that she is entitled to qualified immunity. (ECF No. 27 70-1 at 21-22.)
Cited 0 timesUnknown
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