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  • Segalman v. Southwest Airlines

    913 F. Supp. 2d 941 · District Court, E.D. California · Oct 24, 2012

    Defendant maintains that whether the injury occurred at an airport terminal or an airplane is irrelevant as the ACAA is clearly the applicable statute. … It is well established that Congress has the power to preempt state law. U.S. Const, art. VI, cl. 2; Crosby v. Nat’l Foreign Trade Council, 530 U.S. 363, 373 , 120 S.Ct. 2288 , 147 L.Ed.2d 352 (2000).

    Vacated in part, on other grounds by Robert Segalman v. Southwest Airlines Co., 603 F. App'x 595 (2015)Cited 2 timesPublished
  • (PC) Harris v. Benkle

    District Court, E.D. California · May 19, 2020

    The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably 16 meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 17 327. … By establishing the existence of a serious medical need, a prisoner satisfies the 26 objective requirement for proving an Eighth Amendment violation. Farmer v.

    Cited 0 timesUnknown
  • (PC) Cox v. Krpin

    District Court, E.D. California · Apr 4, 2023

    Court, 490 26 3 Defendant also argues that he is entitled to qualified immunity. (ECF No. 45-1 at 6-8.) … As the 27 court finds that defendant did not violate plaintiff's Eighth Amendment rights, the court need not address the question of qualified immunity. Pearson v.

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  • (PC) Moore v. Hill

    District Court, E.D. California · Jan 30, 2024

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 27 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Mar. 18, 2009) (officers 18 executing search warrant entitled to qualified immunity because alleged comments that “[t]here is 19 no crack in this crack” and “I wonder if he has ever been molested” made during strip search

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  • Phillips-Kerley v. City of Fresno Fire Department

    District Court, E.D. California · Jul 2, 2025

    The Court will 7 bar use of the evidence in question only if the moving party establishes that the evidence clearly 8 is not admissible for any valid purpose. Jonasson v. … qualified and, if so, to what extent.5 (Doc. 190 at 2.)

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  • (PC) Burke v. Covello

    District Court, E.D. California · Jun 29, 2023

    To establish deliberate 14 indifference plaintiff must show that the defendants knew of and disregarded a substantial risk of 15 serious harm to his safety. … Circumstances 16 common to most prisoners, such as lack of legal education and limited law library access, do not 17 establish exceptional circumstances that warrant a request for voluntary assistance of counsel.

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  • (PC) Stevens v. Smith

    District Court, E.D. California · Jul 26, 2022

    portion thereof if the prisoner has raised claims that are legally “frivolous 26 or malicious,” that “fail[] to state a claim on which relief may be granted,” or that “seek[] monetary 27 relief against a defendant who is immune … The term “elderly parole eligible date” means the date on which an inmate who qualifies as an elderly offender is eligible for release from prison. Cal.

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  • (PC) Williams v. Unknown

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

    The court may, therefore, dismiss a claim as frivolous when it is based on an 11 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 12 490 U.S. at 327. … (ECF No. 18 at 18.) 19 To state a claim for denial of access to the courts, a plaintiff must establish that he or she 20 suffered an “actual injury”—that is, “actual prejudice with respect to contemplated

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  • (PC) Black v. United States

    District Court, E.D. California · May 14, 2024

    Because it clearly appears leave to 21 amend would be futile, the complaint should be dismissed without leave to amend. … The court may dismiss a claim as frivolous if it is based on an indisputably meritless 13 legal theory or where the factual contentions are clearly baseless.

    Cited 0 timesUnknown
  • (PC) Johnson v. Unknown FBI Agents

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

    The court may dismiss a claim as frivolous if it is based on an indisputably meritless 5 legal theory or where the factual contentions are clearly baseless. … Circumstances such 10 | as lack of legal education and limited law library access do not establish exceptional 11 | circumstances that would warrant a request for voluntary assistance of counsel.

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  • Avalos-Aviles v. Red Robin International, Inc.

    District Court, E.D. California · Feb 21, 2023

    If only a portion or 16 portions of the material on a page qualify for protection, the Producing Party must 17 clearly identify the protected portion(s) (for example, by making appropriate markings 18 in the margins … If only a portion or portions of the material 1 on a page qualify for protection, the Producing Party also must clearly identify the 2 protected portion(s) (for example, by making appropriate markings in the margins

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  • (PC) Osuna v. Burnes

    District Court, E.D. California · Aug 21, 2024

    Apr. 7, 2021). 3 The legal principles applicable to requests for injunctive relief, such as a temporary 4 restraining order or preliminary injunction, are well established. … complaint, or any portion 23 thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which 24 relief may be granted, or if it seeks monetary relief from a defendant who is immune

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  • (PC) Smith v. CDCR Education Department

    District Court, E.D. California · Aug 24, 2021

    body systems, such as: neurological, musculoskeletal, special sense organs, respiratory 5 (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune … impairment, whether or not that impairment substantially limits, or is perceived to substantially limit a major life activity, even if the public entity 27 asserts, or may or does ultimately establish

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  • (PC) Flow-Sunkett v. Diaz

    District Court, E.D. California · Mar 11, 2020

    The court may, therefore, dismiss a claim as frivolous when it is based on an 14 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 15 490 U.S. at 327. … Inmates have no federal constitutional right to particular procedures 19 established by state law. Toussaint v.

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  • (PC) Muhammad v. Azevedo

    District Court, E.D. California · Aug 5, 2021

    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. … In order to invoke the protection of the Due 11 Process Clause, a plaintiff must first establish the existence of a liberty interest for which the 12 protection is sought. Id.

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  • (PC) Hall v. Gary

    District Court, E.D. California · Oct 26, 2023

    “‘One element of the case-or-controversy requirement’ 15 is that plaintiff [] ‘must establish that [he has] standing to sue.’” Clapper v. Amnesty Int’l USA, 16 568 U.S. 398, 408 (2013) (quoting Raines v. … Plaintiff is advised that in an amended 24 complaint he must clearly identify each defendant and the action that defendant took that violated 25 his constitutional rights.

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  • (PC) Miles v. Inguanzo

    District Court, E.D. California · Oct 13, 2023

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 20 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … The 26 complaint does not present plausible factual allegations or legally coherent theories of liability 27 establishing a claim for relief. See Denton v.

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  • (PC) Littleton v. Montiez

    District Court, E.D. California · Jun 3, 2022

    complaint or portion thereof if the prisoner 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 … The Supreme Court has held that a private party defendant acts “under 21 color of” state law if the conduct qualifies as state action under the Fourteenth Amendment. 22 Lugar v.

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  • (PC) Turner v. Gopal

    District Court, E.D. California · Jun 12, 2024

    Fabrication of Evidence 25 Plaintiff may be attempting to assert a Fourteenth Amendment due process claim, 26 predicated on Devereaux, that “there is a clearly established constitutional … “In the simplest and most absolute of terms . . . 6 prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse. . . .” 7 Schwenk, 204 F.3d at 1197.

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  • (PS) Van den Heuvel v. Placerville Self Storage

    District Court, E.D. California · Oct 3, 2019

    statute authorizes federal courts to dismiss a case if the 24 action is legally “frivolous or malicious,” fails to state a claim upon which relief may be granted, 25 or seeks monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 2 indisputably meritless legal theory or where the factual contentions are clearly baseless.

    Cited 0 timesUnknown

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