Case law
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District Court, E.D. California · Jul 6, 2020
“Receivers 28 ///// 1 are thus entitled to absolute immunity unless their acts are clearly beyond their jurisdiction or not 2 judicial in nature.” … Sparkman, 435 U.S. 349, 355-56 (1978) 6 (explaining doctrine of judicial immunity); and Mosher v. Saalfeld, 589 F.2d 438, 442 (9th Cir. 7 1978) (judicial immunity extends to court-appointed receivers)); Mwasi v.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 7, 2020
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 14 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Michigan Department of State Police, 491 U.S. 58 (1989),] 26 establishes that the State and arms of the State, which have traditionally enjoyed Eleventh 27 Amendment immunity, are not subject to suit under § 1983 in either
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 23, 2021
it clearly being without a judicial signature by a Judge and 14 Clerk of the Court.”). … a plaintiff must show that: “(1) he is a member of a protected class; (2) he was qualified for [her] 13 position; (3) he experienced an adverse
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 10, 2025
forma pauperis 27 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 28 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 1 immune … If you wish to file an amended complaint you must clearly explain what happened, 2 || why the court has jurisdiction over your complaint, and what remedy you are seeking. 3 IV.
Cited 0 timesUnknown(PC) Paul E. Duran v. Longoria
District Court, E.D. California · Mar 21, 2023
The court may dismiss a claim as frivolous where it is based on an indisputably 7 meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 8 327. … Iqbal, 556 U.S. at 678. 8 Finally, examples of immunity from relief for consideration during screening, include, but 9 are not limited to, quasi-judicial immunity, sovereign immunity, or qualified immunity
Cited 0 timesUnknownVaden Anderson v. Amazon.Com, Inc.
District Court, E.D. California · May 18, 2021
complaint, or any portion thereof, is subject to 24 dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be 25 granted, or if it seeks monetary relief from a defendant who is immune … The causal link may be established by an inference derived 8 from circumstantial evidence, “such as the employer’s knowledge that the [employee] engaged in 9 protected activities and the proximity in time between the
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 1, 2023
The Court will bar use of the 11 evidence in question only if the moving party establishes that the evidence clearly is not 12 admissible for any valid purpose. … Importantly, however, the legal reasonableness of a police officer’s use of force— 18 for purposes of the Fourth Amendment and qualified immunity—is not evaluated with the benefit of hindsight.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 10, 2019
or portion thereof if the prisoner has raised claims that are legally 11 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 12 monetary relief from a defendant who is immune … Discussion 21 In the Third Amended Complaint, Plaintiff sufficiently establishes that he qualifies as 22 disabled under the Americans with Disabilities Act.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 15, 2019
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.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 17, 2022
. § 1915(g) because Plaintiff has had at least three 27 dismissals that constitute strikes; and he has not established he meets the imminent danger 28 exception. … A dismissal for failure to state a claim 14 relying on qualified immunity counts as a strike. Reberger v. Baker, 657 F. App’x 681, 683-84 15 (9th Cir. Aug. 9, 2016).
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 30, 2021
Plaintiff does not oppose this request. 16 As an agency of the United States, the IRS enjoys sovereign immunity from suit in the 17 absence of Congressional authorization. City of Whittier v. … qualified to make the determination, that sets forth: 2 (a) the name and description of the
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 13, 2022
or portion thereof if the prisoner has raised claims that are legally 11 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 12 monetary relief from a defendant who is immune … The Court may, therefore, dismiss a claim as frivolous where it is based on an 16 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 17 490 U.S. at 327.
Cited 0 timesUnknownDistrict Court, E.D. California · May 20, 2024
Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: … This provision is not intended to modify 2 whatever procedure may be established in an e-discovery order that provides for 3 production without prior privilege review.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 5, 2023
By establishing the existence of a serious medical need, a prisoner satisfies the 22 objective requirement for proving an Eighth Amendment violation. Farmer v. … Plaintiff is advised that in an amended complaint he must clearly identify 14 each defendant and the action that defendant took that violated his constitutional rights.
Cited 0 timesUnknownMichael Bruce Anthony McPherson v. Secretary of State
District Court, E.D. California · May 6, 2026
complaint, or any portion thereof, is subject to dismissal if it is frivolous 27 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 28 relief from a defendant who is immune … In the section in 18 which he is asked to indicate which of his constitutional or federal civil rights have been violated, 19 he states, “The title within USA was established as mine from beginning of time.”
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 18, 2023
In the alternative, they claim qualified immunity. … Plaintiff also fails to submit any evidence 9 establishing a dispute as to defendants Dr. Singh and Gates.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 10, 2023
. § 1915(g) and did not qualify for the imminent danger exception. (ECF No. 26 8.) … These include the well-accepted standards for deliberate indifference under the Eighth 2 | Amendment, qualified immunity, stare decisis, and construction of pro se complaints.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 17, 2020
The court may, therefore, dismiss a claim as frivolous when it is based on an 4 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 5 490 U.S. at 327. … Institutions Code § 4360(a) provides that the Department of State 23 Hospitals (“DSH”) “‘shall provide mental health treatment and supervision in the community for judicially committed persons’ and that ‘[t]he program established
Cited 0 timesUnknownKemper Independence Ins. Co. v. Haier US Appliance Solutions, Inc.
District Court, E.D. California · Mar 12, 2020
If only a portion 19 or portions of the material on a page qualifies for protection, the Producing Party also must clearly 20 identify the protected portion(s) (e.g., by making appropriate markings in the margins). … This provision 10 is not intended to modify whatever procedure may be established in an e-discovery order that 11 provides for production without prior privilege review.
Cited 0 timesUnknown(PC) Barnes v. Supreme Court Judges
District Court, E.D. California · Sep 3, 2021
4 with final authority to establish that policy.” … Absolute Immunity 20 A judge is absolutely immune from suits seeking monetary damages for acts performed
Cited 0 timesUnknown
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