Case law

(PC) Dickerson v. Wheeler

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

or portion thereof if the prisoner has raised 11 claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 12 granted, or that seek monetary relief from a defendant who is immune … Plaintiff is advised that in an amended complaint he must clearly identify each 18 defendant and the action that defendant took that violated his constitutional rights.

Scott v. DA Office of Stanislaus County

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

Prosecutorial Immunity 5 To the extent Plaintiff is attempting to bring suit against District Attorney Monteneno, this 6 defendant may be immune from suit. … Heck Bar 2 It has long been established that state prisoners cannot challenge the fact or duration of 3 their confinement in a section 1983 action and their sole remedy

Nam v. Safeco Insurance Company of America

District Court, E.D. California · Mar 22, 2021

Except as otherwise provided in this Order, or 26 as otherwise stipulated or ordered, material that qualifies for protection under this Order must be 27 clearly so designated before the material is disclosed or produced … If only a portion or portions of the material 15 on a page qualifies for protection, the Producing Party also must clearly identify the protected 16 portion(s) (e.g., by making appropriate markings in the margins).

(PS) Iegorova v. Ludmyla

District Court, E.D. California · Nov 4, 2019

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

Phillips v. Reinhart

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

Plaintiff’s 15 complaint clearly states that his criminal proceedings are still ongoing in the Kings County 16 Superior Court.2 17 H. … , a plaintiff must first establish 23 defamation under state law.”

(PC) Price v. Warden

District Court, E.D. California · Nov 7, 2023

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 23 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … The judges would therefore be absolutely immune from liability under § 1983. 5 Prosecutors are absolutely immune from liability when performing the traditional 6 functions of an advocate and acts that are “intimately

(PC) McCoy v. Massey

District Court, E.D. California · Mar 6, 2024

immunity; 4) defendants did not cause a delay in plaintiff’s diagnosis or 20 treatment; and, 5) plaintiff suffered no harm as a result of either defendant’s conduct. … immunity. 1]

Norman Ross DeYoung, Jr. v. City of Vacaville, et al.

District Court, E.D. California · Jan 6, 2026

IDX Systems 7 Corp., 464 F.3d 951, 959 (9th Cir. 2006) (a party’s destruction of evidence qualifies as willful 8 spoliation if the party has some notice that the documents were potentially relevant to the 9 litigation … The 9 || allegations do not establish plaintiff is likely to succeed on the merits or that there are serious 10 || questions on the merits of the claims presented.

(PC) Rilurcasa v. State of California

District Court, E.D. California · Oct 12, 2021

Mere 9 negligence on the part of a prison official is not sufficient to establish liability, but rather, the official’s 10 conduct must have been wanton. … records, and after review in plaintiff’s medical records, the 27 defendant did willingly show deliberate indifference to plaintiff’s serious medical need in that the 28 defendant ignored plaintiff’s medical record that clearly

(PS) Pereira v. United States

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

Sovereign Immunity 26 The other continuing problem with the complaint is that plaintiff is seeking to sue an 27 immune defendant: the United States. … Kirkemo, 533 F.2d 455, 465 (9th Cir. 1976) 17 (“It is well established that suits to enjoin the United States or its agencies, like damage suits, 18 cannot be maintained unless the Government first consents.”).

(PS) Whitsitt v. City of Stockton

District Court, E.D. California · Mar 2, 2020

In reviewing a complaint under this standard, the 11 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 12 are clearly baseless or fanciful, (2) construe those allegations … from suit. 5 “[G]enerally, a judge is immune from a suit for money damages.”

(PS) Conerly v. Yap

District Court, E.D. California · Jul 26, 2021

Eleventh Amendment Immunity and Judicial Immunity 10 Plaintiff purports to bring claims for damages against the Sacramento County Superior 11 Court and Judge Yap. … Kennedy, 541 F.2d 802, 804- 19 05 (9th Cir.1976), plaintiff has not named any state actors who are proper defendants and has not 20 alleged sufficient facts to support a conspiracy claim. 21 “To establish

Moser v. Bret Harte Union High School District

366 F. Supp. 2d 944 · District Court, E.D. California · Jan 12, 2005

Moser’s testimony says exactly what is quoted and cited: Moser: Uh, yeah, they did, they tested him and uh, he semi-qualified, he kind of qualified, but they didn’t think he, they didn’t think he quite qualified. … Lozano Smith’s malfeasance was clearly and repeatedly drawn to their attention by Plaintiff.

Henderson v. Bakersfield Police Department

District Court, E.D. California · Mar 16, 2022

City of Orange, 485 F.3d 463, 476 (9th Cir. 2007) 3 (Stating it was “clearly established long ago that an officer may not conduct a warrantless arrest 4 absent probable cause.”). … Further, while Plaintiff has not named a judge 7 or judicial officer, even if he had, they are generally immune from such suits, as it “is generally 8 well established that ‘granting bail and fixing its amount are judicial

Turner v. Amazon.com Services LLC

District Court, E.D. California · Jan 24, 2025

If only a portion 17 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 18 identify the protected portion(s) (e.g., by making appropriate markings in the margins). 19 … If only a portion or portions of the material on a page qualifies for 27 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 1 (b) for testimony given in deposition

(PC)Gelazela v. United States of America

District Court, E.D. California · Dec 1, 2022

The basis of a Bivens action is some illegal or inappropriate conduct on the part of a 26 federal official or agent that violates a clearly established constitutional right. … Chandler, 303 F.3d 1039, 1052 (9th Cir. 2002). 16 “To establish a violation of Title II of the ADA, a plaintiff must show that (1) [he] is a 17 qualified individual with a disability; (2) [he] was excluded from participation

(PC) Gelazela v. United States of America

District Court, E.D. California · Dec 1, 2022

The basis of a Bivens action is some illegal or inappropriate conduct on the part of a 26 federal official or agent that violates a clearly established constitutional right. … Chandler, 303 F.3d 1039, 1052 (9th Cir. 2002). 16 “To establish a violation of Title II of the ADA, a plaintiff must show that (1) [he] is a 17 qualified individual with a disability; (2) [he] was excluded from participation

(PS) Harvey v. Nevada

District Court, E.D. California · Feb 13, 2020

26 California brings a motion to dismiss based on the Eleventh Amendment immunity. … Similarly, Nevada argues that it is immune from suit under the doctrine of interstate 28 sovereign immunity and the Eleventh Amendment.

Bharat

District Court, E.D. California · Jun 25, 2026

First, they argue that the record establishes that their 3 care for plaintiff’s back was adequate. Second, they contend that plaintiff failed to exhaust his 4 administrative remedies before filing this suit. … Third, they argue they are entitled to qualified 5 immunity.

(PC) Lewis v. Mueller

District Court, E.D. California · Feb 23, 2024

The court may, therefore, dismiss a claim as frivolous where it is based on an 18 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 19 490 U.S. at 327. … Jachetta v. 8 U.S., 653 F.3d 898, 908 (9th Cir. 2011) (rejecting argument that 42 U.S.C. § 1983 waived 9 sovereign immunity); see also Hoffman v. U.S.