Case law

(PC) Smith v. Municipality of Fresno County

District Court, E.D. California · Nov 7, 2019

complaint or portion thereof if the prisoner has raised claims that are 8 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 9 that seek monetary relief from a defendant who is immune … The amended complaint should be 22 clearly and boldly titled “First Amended Complaint,” refer to the appropriate case number, and 23 be an original signed under penalty of perjury. 24

Negrete

District Court, E.D. California · Sep 23, 2025

61, 68 (1996) (stating that diversity 6 jurisdiction requires “complete diversity of citizenship”)). 7 Plaintiff alleges that he is a citizen of California, and that Defendant is a citizen of Texas, 8 establishing … The amended complaint should be clearly and boldly titled “First Amended 14 Complaint,” refer to the appropriate case number, and be an original signed under penalty of 15 perjury.

(PC)Dingle v. Tesluk

District Court, E.D. California · Nov 5, 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.

(PC) O'Brien v. Reed

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

“The State of California has not waived its Eleventh Amendment immunity with respect to claims brought under § 1983 in federal court ....” … The ADA defines “qualified individual with a disability” as “an individual with a 23 disability who, with or without reasonable modifications to

(PS) Sharma v. Hussain

District Court, E.D. California · Jul 24, 2020

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. … Id. 3 Additionally, plaintiff has failed to establish that the court has federal question jurisdiction 4 in this matter.

(PC)Johnson v. Lynch

District Court, E.D. California · Jun 5, 2023

or portion thereof if the prisoner has raised claims 26 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 27 granted, or that seek monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where 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.

CALIFORNIA DAIRIES INC. v. RSUI Indemnity Co.

617 F. Supp. 2d 1023 · District Court, E.D. California · Mar 20, 2009

Although CDI does not clearly articulate a suggested interpretation, its legal position implies an interpretation of “similar” that means “identical” or “alike.” … But, this only establishes RSUI’s failure to disclose. To establish estoppel, CDI must also demonstrate that it reasonably relied to its detriment on the assertions RSUI made in its final denial of coverage.

Genevieve Morrison v. Tuolumne County Sheriff

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

“The burden is on the ‘next friend’ clearly to establish the propriety of his status and 9 thereby justify the jurisdiction of the court.” … Morrison qualifies for next-friend status, which would permit him to 14 initiate the instant petition, it does not allow him to prosecute this action pro se on his wife’s 15 behalf. Therefore, either: (1) Mr.

Aerojet Rocketdyne, Inc. v. Global Aerospace, Inc.

District Court, E.D. California · Oct 7, 2019

It is clearly established that an insurer’s claims 9 investigation constitutes a standard business activity to which no attorney-client privilege 10 attaches. Payton, 148 N.J. at 550–51. … The work product rule “is not 5 a privilege but a qualified immunity protecting from discovery documents and tangible things 6 prepared by a party or his representative in anticipation of litigation.” Admiral Ins.

(PC) Spence v. Kaur

District Court, E.D. California · Aug 15, 2019

When a court is presented with a qualified immunity defense, the central questions are 26 (1) whether the official’s conduct violated a constitutional right; and (2) whether that right was “clearly established” at … “Even in the context of clearly established law, ‘[i]f the officer’s mistake as to what the law requires is reasonable . . . the officer is entitled to the immunity defense.’” Galvin v.

MICHAEL BRUCE ANTHONY MCPHERSON v. DOMINGUEZ, et al.

District Court, E.D. California · Mar 3, 2026

s complaint, or any portion thereof, is subject to dismissal if it is frivolous 5 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 6 relief from a defendant who is immune … “In the simplest and most absolute of terms ... 18 prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse ....” 19 Schwenk, 204 F.3d at 1197.

Doe

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

One such 12 reason is if a defendant has sovereign immunity. … ) is still a proper vehicle for invoking sovereign 17 immunity from suit”). 18 C.

(PC) Reddick v. Alvarez

District Court, E.D. California · Jul 15, 2025

complaint or portion thereof if the prisoner raised claims that are legally 10 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 11 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 15 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 16 490 U.S. at 327.

Romero v. Tribune Media Co.

District Court, E.D. California · Mar 20, 2025

Plaintiff alleges he was otherwise qualified to do his job. … ECF No. 15 at 4:9, 6:20, 7:21, 8:12, 9:4, 11:8, 13:1. 25 Plaintiff clearly identifies that he requested a reasonable accommodation “in the form of an 26 unpaid leave of absence from work.” Id. at 11.

(PC) Williams v. Ali

District Court, E.D. California · May 5, 2023

Defendant also moves for summary judgment on the basis of 26 qualified immunity, arguing it would not have been clear to a reasonable medical professional 27 that his conduct violated clearly established law at the time … In the 20 endeavor to establish the existence of a factual dispute, the opposing party need not establish a 21 material issue of fact conclusively in its favor.

(PC) McPherson v. Carpenter

District Court, E.D. California · Feb 11, 2025

complaint or portion thereof if the prisoner raised claims that are legally 9 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 10 monetary relief from a defendant who is immune … “In evaluating a prisoner’s claim, courts consider 20 whether ‘the officials act[ed] with a sufficiently culpable state of mind’ and if the alleged 21 wrongdoing was objectively ‘harmful enough’ to establish a constitutional

Navarrete

District Court, E.D. California · May 28, 2026

Even gross negligence is 14 insufficient to establish deliberate indifference to serious medical needs. … “In the simplest and most absolute of terms ... 12 prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse ....” 13 Schwenk, 204 F.3d at 1197.

(PC) Miles v. Laursen

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

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 24 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Id. at 1-2. 10 Neither the original nor the first amended complaint present plausible factual allegations 11 or legally coherent theories of liability establishing a claim for relief. See Denton v.

Doer

District Court, E.D. California · Sep 11, 2025

The BOP Administrative Remedy Program qualifies as an 3 alternative remedy. See Correctional Servs. Corp. v. … Frank, 486 U.S. 549, 554 (1988) (“Absent a 8 waiver of sovereign immunity, the Federal Government is immune from suit.”). Thus, the only 9 proper defendant in an action brought under the FTCA is the United States.

(PC) Pull v. Harbour Deputy Bailiff

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

As a basic 17 matter, the complaint does not clearly allege what happened. As Plaintiff was informed, Plaintiff 18 must state sufficient factual support for each claim. … It has long been 13 established that state prisoners cannot challenge the fact or duration of their confinement in a section 1983 action and their sole remedy lies in habeas corpus relief. Wilkinson v.