Case law

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  • (PC) Shepard v. Gannon

    District Court, E.D. California · Apr 22, 2024

    to qualifying state officials sued under 42 U.S.C. § 1983. 28 Miller v. … recognized that when Congress enacted § 1983, it was aware of a well- 2 established and well-understood common-law tradition that extended absolute immunity to individuals performing functions necessary

    Cited 0 timesUnknown
  • Institute of Governmental Advocates v. Fair Political Practices Commission

    164 F. Supp. 2d 1183 · District Court, E.D. California · Sep 17, 2001

    However, at oral argument defendants stipulated to a waiver of their sovereign immunity, thus, establishing this court’s jurisdiction over the FPPC. See Papasan v. … For a full-time employee, that is over 55 hours per month, while, under the former version, as little as 5 hours in direct communication would have been sufficient to qualify as a lobbyist. Id. at 11-12 .

    Cited 6 timesPublished
  • (PC) Martin v. Petras

    District Court, E.D. California · Dec 2, 2019

    complaint or portion thereof if the prisoner has raised claims that are legally 7 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 8 monetary relief from a defendant who is immune … Accordingly, plaintiff’s claims against 6 defendant Fox are dismissed. 7 Plaintiff alleges that defendant Bick failed to establish a policy ensuring that qualified 8 inmates

    Cited 0 timesUnknown
  • (PC) Mora v. Desimone

    District Court, E.D. California · Jan 30, 2025

    Humphrey; and (3) Defendants are 25 entitled to qualified immunity. See ECF No. 43-1. … immunity. 12

    Cited 0 timesUnknown
  • Ashok

    District Court, E.D. California · Nov 25, 2025

    If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 3 … If only a portion or portions of the material 12 on a page qualifies for protection, the Producing Party also must clearly identify the protected

    Cited 0 timesUnknown
  • Sousa v. Chater

    945 F. Supp. 1312 · District Court, E.D. California · Sep 30, 1996

    Clearly, by 1988, plaintiff was taking drugs to the point of incapacitation. … Unlike the worker in Cowart, who qualified automatically for benefits because of his work related injury, plaintiff does not qualify for disability benefits until she proves that she cannot perform substantial gainful activity

    Cited 14 timesPublished
  • Skelton v. Idexx Distribution, Inc.

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

    under this 22 Stipulated Protective Order must be clearly so designated before the material is disclosed or 23 produced. … If only a portion or portions of the material on 11 a page qualifies for protection, the Producing Party also must clearly identify the protected 12 portion(s) (e.g., by making appropriate markings in the margins).

    Cited 0 timesUnknown
  • (PC) Dailey v. Ellis

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

    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. … Therefore, the judge’s actions taken during the course of the criminal proceedings 18 against plaintiff are absolutely immune from liability for § 1983 damages. 19 Prosecutors are also absolutely immune from civil

    Cited 0 timesUnknown
  • Hargrove v. City of Bakersfield

    District Court, E.D. California · Sep 16, 2019

    Whether Defendants Moore and Vasquez are entitled to Qualified Immunity; 3 28. Whether there is any evidence of racial animus; 4 29. Whether Ms. … Plaintiff will file motions regarding the qualified immunity and comparative negligence 18 defenses, to establish how these defenses will (and will not) be handled at trial and in front of the jury. 19 Defendant

    Cited 0 timesUnknown
  • Lunt v. Walmart, Inc.

    District Court, E.D. California · Apr 7, 2025

    If only a 18 portion or portions of the material on a page qualifies for protection, the Producing 19 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 20 markings in the margins … If only a 2 portion or portions of the material on a page qualifies for protection, the Producing 3 Party also must clearly identify the protected portion(s) (e.g., by making appropriate 4 markings in the margins).

    Cited 0 timesUnknown
  • Pinder v. Employment Development Department

    227 F. Supp. 3d 1123 · District Court, E.D. California · Jan 5, 2017

    In the endeavor to establish the existence of a factual dispute, the opposing party need not establish a material issue of fact conclusively in its favor. … A plaintiff may establish a prima facie case by showing: “(1) he was a member of a protected class, (2) he was qualified for the position he sought or was performing competently in the position he held, (3) he suffered an

    Cited 25 timesPublished
  • Segroves

    District Court, E.D. California · Mar 18, 2026

    If only a portion, or portions, of the 7 material on a page qualifies for protection, the Producing Party also must clearly identify the 8 protected portion(s) (e.g., by making appropriate markings in the margins). 9 … If only a portion, or portions, of the 17 material on a page qualifies for protection, the Producing Party also must clearly identify the 18 protected portion(s) (e.g., by making appropriate markings in the margins).

    Cited 0 timesUnknown
  • Michela Brown v. County of El Dorado, et al.

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

    In 8 reviewing a complaint under this standard, the court accepts as true the factual 9 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 10 construes those allegations in the … An individual defendant is not liable on a civil rights claim unless the facts 15 establish the defendant’s personal involvement in the constitutional deprivation or a 16 causal connection between the defendant's wrongful

    Cited 0 timesUnknown
  • Sierra v. IRS

    District Court, E.D. California · Dec 23, 2022

    Plaintiff states that in an attempt to 11 establish permission to sue, the IRS requested he call a toll free number, but Plaintiff “established 12 that [he] [did] not have outside contacts who can help expedite these … § 7422(a) (2002). 20 Furthermore, to overcome sovereign immunity in a tax refund action, the taxpayer must file a 21 refund claim with the IRS within the time limits established by the Internal Revenue Code.

    Cited 0 timesUnknown
  • (PC) Houston v. Kuppinger

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

    identify any cognizable claims and 25 dismiss any portion of the complaint that is frivolous or malicious, fails to state a claim upon 26 which relief may be granted, or seeks monetary relief from a defendant who is immune … “[R]outine discomfort inherent in the prison setting” is insufficient to establish a 19 “sufficiently serious” deprivation. Id.

    Cited 0 timesUnknown
  • Olsen v. Costco Wholesale Corp.

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

    during the interactive process for which Plaintiff was qualified. … Discrimination 18 A plaintiff establishes a prima facie case of disability discrimination by showing: 19 (1) she suffers from a disability; (2) she is qualified

    Cited 0 timesUnknown
  • (PC) Tamrat v. CDCR

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

    The court may, therefore, dismiss a claim as frivolous when it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 U.S. at 327. … A constitutional right of 16 access to the court does exist, but to establish a claim for any violation of the right of access to the 17 courts, the prisoner must show that there was an inadequacy in the prison’s legal

    Cited 0 timesUnknown
  • United States v. Pickard

    100 F. Supp. 3d 981 · District Court, E.D. California · Apr 17, 2015

    He conceded that other qualified individuals; including Dr. Madras, disagree with his opinion that marijuana has a currently accepted use. (Id. 38:8-23.) Dr. … Hart testified that he was “in the majority” of qualified people who have concluded marijuana has medical use. (See Hart Test. 168:21-171:12, ECF No. 364.)

    Cited 9 timesPublished
  • (PC) Millare v. CDCR

    District Court, E.D. California · Apr 3, 2023

    The court may, therefore, dismiss a claim as frivolous when it is based on an 22 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 23 490 U.S. at 327. … individual defendants should be dismissed. 19 Defendant CDCR 20 To show a violation of Title II of the ADA, a plaintiff must show the following: “(1) he is 21 a ‘qualified

    Cited 0 timesUnknown
  • (PC) Mitchum v. Honea

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

    complaint or portion thereof if the prisoner has raised claims that are legally 4 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 5 monetary relief from a defendant who is immune … “To establish a 24 violation of Title II of the ADA, a plaintiff must show that (1) [he] is a qualified individual with a 25 disability; (2) [he] was excluded from participation in or otherwise discriminated against with

    Cited 0 timesUnknown

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