Case law

Johnson v. Aljabri

District Court, E.D. California · Mar 30, 2022

The second element of an ADA disability discrimination claim is met if the 16 defendant is a “sales or rental establishment” because such an establishment qualifies as a public 17 accommodation subject to the ADA. 41 … Because the Market is a sales 18 establishment (PMF ¶ 5), it qualifies as a public accommodation under the ADA. See 42 U.S.C. § 19 12181; Arizona ex rel.

Meza v. Experian Information Solutions, Inc.

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

Supp. 484, 492–93 17 (D.D.C. 1994) (“Section 1681h(e) of the Act has been interpreted to provide a qualified immunity 18 … 27 4 15 U.S.C. § 1681g governs “[d]isclosures to consumers” and states, inter alia, that “[e]very consumer reporting agency shall, upon request … clearly

(PC) Heim v. Doe

District Court, E.D. California · Mar 30, 2021

a violation of this duty, the prisoner must establish that prison officials were 20 “deliberately indifferent to a serious threat to the inmate’s safety.” … The amended complaint should be clearly and boldly 5 titled “Third Amended Complaint,” refer to the appropriate case number, and be an original 6 signed under penalty of perjury.

(PC)Petillo v. Monique

District Court, E.D. California · Jan 25, 2022

The court may, therefore, dismiss a claim as frivolous where 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. … To establish unconstitutional 13 treatment of a mental health condition, “a prisoner must show deliberate indifference to a 14 ‘serious’ medical need.” Doty at 546 (quoting McGuckin v.

(PC) Cortinas v. Bivin

District Court, E.D. California · Aug 15, 2024

The Court also finds that Plaintiff has failed to allege facts to establish a 28 causal link between Defendant Bivin and a constitutional violation. … To qualify, a disability must limit the ability of an individual to 5 perform a major life activity as compared to most people in the general population. See Shields 6 v.

(PC) Kutterer v. Solano County Jail

District Court, E.D. California · Aug 25, 2021

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. … Plaintiff is advised that in an amended 28 complaint he must clearly identify each defendant and the action that defendant took that violated 1 his constitutional rights.

(PC) Dailey v. Solano County Sheriff

District Court, E.D. California · Jul 25, 2023

By establishing the existence of a serious medical need, a prisoner satisfies the 25 objective requirement for proving an Eighth Amendment violation. Farmer v. … Plaintiff is advised that in an amended complaint she must clearly identify each 10 defendant and the action that defendant took that violated plaintiff’s constitutional rights.

(PC) Witkin v. Gonzalez

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

the case at any time if it determines the 23 allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on 24 which relief may be granted, or seeks monetary relief against an immune … As with the Fourth Amendment unreasonable search claim, the allegations as to the 7 excessive force care too vague and conclusory to establish the required elements for such a claim. 8 In any amended complaint, with

(PC) Wolinski v. Lewis

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

or portion thereof if the prisoner has raised claims that are legally 27 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 28 monetary relief from a defendant who is immune … “Retaliation against 14 prisoners for their exercise of this right is itself a constitutional violation, and prohibited as a 15 matter of ‘clearly established law’.”

(PC) Allen v. Sacramento County

District Court, E.D. California · Oct 27, 2021

The court may, therefore, dismiss a claim as frivolous where it is based on an 17 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 18 490 U.S. at 327. … Plaintiff also does not allege any facts establishing how the recommendations were not 20 followed.

Crozier v. Valley Health Team, Inc.

District Court, E.D. California · May 2, 2024

complaint, or any portion thereof, is subject to 23 dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be 24 granted, or if it seeks monetary relief from a defendant who is immune … Thus, 26 Plaintiff's complaint does not establish federal question jurisdiction. 27 IV.

(PS) Sarkis v. Yolo County Public Agency Risk Mgt. Ins. Authority

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

They further argue that all of plaintiff’s 25 claims, including his federal claims, against Martinez should be dismissed because he is immune … Defendants concede that plaintiff alleges that “he was within the 22 protected class of individuals under the ADEA and that he was qualified for his position,” but 23 argue that he “fails to plead any facts regarding

(PS) Murphy v. Farmers Insurance Company

District Court, E.D. California · Oct 29, 2020

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.

(PC) Parker v. N. West

District Court, E.D. California · Mar 28, 2023

complaint or portion thereof if the prisoner 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 … To establish a violation of a prison official’s duty to take reasonable steps to 24 protect inmates from physical abuse, the prisoner must establish that prison officials were 25 “deliberately indifferent” to serious

Rosseau v. Micron Technology, Inc.

District Court, E.D. California · Jun 16, 2020

If only a portio1 97 || oF portions of the material on a page qualifies for protection, the Producing Party also must clearly 28 identify the protected portion(s) (e.g., by making appropriate markings in the margins) … If 11 || only a portion or portions of the material on a page qualifies for protection, the Producing Party also 12 || must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins)

(PC) Owens v. Matthews

District Court, E.D. California · Mar 3, 2021

Qualified Immunity 11 Legal Standard 12 In Saucier v. Katz, 533 U.S. 194 (2001), the Supreme Court set forth a two-pronged test to 13 determine whether qualified immunity exists. … Accordingly, the 11 undersigned finds that defendants DeFazio, Burke, Lebeck and Brady are not entitled to qualified 12 immunity. 13 Defendants argue that defendant Mercado is entitled to qualified immunity

O'NEAL v. SmithKline Beecham Corp.

551 F. Supp. 2d 993 · District Court, E.D. California · Jan 30, 2008

On October 27, 2003, the FDA issued a Public Health Advisory and corresponding Talk Paper, stating that the “data do not clearly establish an association between the use of these drugs and increased suicidal thoughts or actions … Plaintiffs did not clearly make this concession in their briefs; nor did they clearly articulate their theory for why a direct conflict of law is not present in this case. 17 .

(PC) Davis v. Kelley

District Court, E.D. California · Oct 31, 2022

By establishing the existence of a serious medical need, a prisoner satisfies the 2 objective requirement for proving an Eighth Amendment violation. Farmer v. … Plaintiff is advised that in an amended 14 complaint he must clearly identify each defendant and the action that defendant took that violated 15 his constitutional rights.

(PC) Frazier v. Janam

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

App’x 518 (7th Cir. 2008) (prisoner’s complaint about prison job 9 involved matters of personal, rather than public, concern and did not qualify as protected speech). 10 Plaintiff’s comments to Janam were a challenge … O’Connor, 512 U.S. 472, 485 (1995). 16 Wolff established five constitutionally mandated procedural requirements for disciplinary 17 proceedings.

(PS) Storman v. CA Alta Regional Center

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

IFP statute requires federal courts to dismiss a case if the action is legally 23 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 24 monetary relief from a defendant who is immune … Id. 9 “It is well established that a district court has broad discretion to control its own docket, 10 || and that includes the power to dismiss duplicative claims.”