Case law

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  • (PS) Ward v. Upshaw

    District Court, E.D. California · Jun 13, 2025

    Immunity 6 Defendants vaguely argue qualified immunity bars this action against individual 7 Defendants. (Id. at 9–10.) … Dec. 2, 2015) (“[T]he Court finds that 27 [d]efendants have failed to establish that these portions of the amended complaint ‘have no 28 possible relation or logical connection’ to the subject matter of this case.”);

    Cited 0 timesUnknown
  • FORT INDEPENDENCE INDIAN COMMUNITY v. California

    679 F. Supp. 2d 1159 · District Court, E.D. California · Dec 24, 2009

    In the endeavor to establish the existence of a factual dispute, the opposing *1169 party need not establish a material issue of fact conclusively in its favor. … Unlike the other relationships considered above, the statutory context does not clearly exclude this type of relationship.

    Cited 3 timesPublished
  • Sears v. City of Oroville

    District Court, E.D. California · Aug 23, 2023

    If only a portion 6 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 7 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 8 … If only a portion or 17 portions of the material on a page qualifies for protection, the Producing Party also must clearly 18

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  • (PS) Rogers v. Jones

    District Court, E.D. California · Apr 11, 2023

    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.

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  • Dunn v. HUD / Urban Development

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

    See Iqbal, 566 U.S. at 679. 1 and set forth her claims more clearly. … because amendment would be futile to overcome the immunity 19 bar.

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  • (PC) Shannon v. Inniss-Burton

    District Court, E.D. California · Apr 19, 2021

    The court may, therefore, dismiss a claim as frivolous where it is based on an 10 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 11 490 U.S. at 327. … “To establish a violation of Title II of the ADA, a plaintiff must show that 12 (1) [he] is a qualified individual with a disability; (2) [he] was excluded from participation in or 13 otherwise discriminated against with

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  • Jermain Din Washington, Jr. v. Honeycomb Programs Inc., Gregory Reid, and Itai Benzaken

    District Court, E.D. California · Jan 7, 2026

    P. 8(a)(1) (requiring that complaint 15 establish basis for jurisdiction). … As both plaintiff and all named defendants are California citizens 16 (ECF No. 1 at 2-3), this case does not qualify for diversity jurisdiction.

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  • (PS) Webb v. Sacramento County Public Defender's Office

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

    Under the IFP statute, the court must screen the complaint and dismiss any claims 25 that are “frivolous or malicious,” fail to state a claim on which relief may be granted, or seek 26 monetary relief against an immune … set forth her various claims in separate sections and clearly identify which defendants are allegedly at fault for each claim (e.g., Claim I against defendants X, Y, and Z, 5 Claim II against defendants

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  • (PC)Lewis v. Allison

    District Court, E.D. California · Feb 26, 2024

    Plaintiff has not clearly done so 17 in relation any of the defendants listed on multiple pages in his Complaint. … An authorized deprivation is one 15 carried out pursuant to established state procedures, regulations, or statutes.

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  • Davies-Garcia v. County of Kings State Superior Family Law

    District Court, E.D. California · Apr 22, 2022

    “The requisite causal connection may be established when an 9 official sets in motion a ‘series of acts by others which the actor knows or reasonably should know 10 would cause others to inflict’ constitutional harms. … In those instances, only 12 qualified, not absolute, immunity is available. Miller, 335 F.3d at 898.

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  • (PS) Ghafoori v. Pettus

    District Court, E.D. California · May 1, 2025

    In reviewing a complaint under this standard, the 20 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 21 are clearly baseless or fanciful, (2) construe those allegations … “Like other forms of official immunity, judicial immunity is an 23 immunity from suit, not just from ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 24 9, 11 (1991).

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  • Ruiz v. Aragon

    District Court, E.D. California · Jul 10, 2024

    The burden of 12 establishing otherwise lies with the party asserting jurisdiction. Id. Subject matter jurisdiction is 13 required; it cannot be forfeited or waived. Arbaugh v. … The 19 voluntary cessation exception clearly does not apply because the challenged policies were not 20 ceased due to litigation; rather, they were rescinded before plaintiff even filed his lawsuit.

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  • (PC)Bazzo v. Gates

    District Court, E.D. California · Dec 27, 2022

    Circumstances common to most prisoners, such as lack of legal education 24 and limited law library access, do not establish exceptional circumstances that would warrant a 25 request for voluntary assistance of counsel … ADA must be applied in a prison environment with consideration of legitimate 10 penological interests”). 11 Plaintiff is advised that in an amended complaint he must clearly

    Cited 0 timesUnknown
  • (PC) Boddie v. Martel

    District Court, E.D. California · Mar 9, 2020

    The court may, therefore, dismiss a claim as frivolous where it is based on an 17 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 18 490 U.S. at 327. … Complex, 442 U.S. 1, 7 (1979) (“There is no constitutional or inherent right of a 18 convicted person to be conditionally released before the expiration of a valid sentence.”). 19 Although California has created a qualified

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  • Brian Beinlick v. C. Smith, et al.

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

    In the answer, Defendants assert the 3 following affirmative defenses: (1) qualified immunity; (2) lack of injury; (3) lack of facts 4 establishing entitlement to punitive damages; (4) immunity from damages for official

    Cited 0 timesUnknown
  • (PS) Van den Heuvel v. Witherton

    District Court, E.D. California · May 8, 2023

    However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … time if the allegation of 16 poverty is found to be untrue or if it is determined that the action is frivolous or malicious, fails to 17 state a claim on which relief may be granted, or seeks monetary relief against an immune

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  • (PC) Ruiz v. Northern District of California

    District Court, E.D. California · Aug 19, 2021

    “The requisite causal connection may [also] be established when an official sets in motion a 24 ‘series of acts by others which the actor knows or reasonably should know would cause others to 25 inflict’ constitutional … Court clerks 19 accordingly qualify for quasi-judicial immunity unless their actions were taken in the clear absence 20 of all jurisdiction. Id.

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  • (PC)Perez v. Moreland

    District Court, E.D. California · Jan 17, 2023

    These averments call into question the magistrate judge’s findings that 20 defendants have established as undisputed that “the search was conducted in a private area and in 21 a professional manner” and that defendant … 26 immunity defense. 27 ///// 28 /////

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  • Purnell v. Mora

    District Court, E.D. California · Jan 10, 2020

    immunity from civil damages unless their conduct 16 violates “clearly established statutory or constitutional rights of which a reasonable person … “Qualified immunity balances two 18 important interests—the need to hold public officials accountable when they exercise power 19

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  • Quintanar, Jr. v. County of Stanislaus

    District Court, E.D. California · Sep 11, 2023

    ” ( ) The ultimate warrant was a 325-page “unorganized, rambling 3 document” that failed to establish probable cause. … Prosecutorial Immunity under Cal.

    Cited 0 timesUnknown

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