Case law

Allison

District Court, E.D. California · Jan 30, 2026

complaint or portion thereof if the prisoner has raised claims that are legally 6 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 7 monetary relief from a defendant who is immune … To prove liability for an action or policy, 28 the plaintiff “must ... demonstrate that his deprivation resulted from an official policy or custom 1 established by a ... policymaker possessed with final authority to establish

Martinez

District Court, E.D. California · Oct 1, 2025

“In the simplest and most absolute of terms ... 16 prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse ....” 17 Schwenk, 204 F.3d at 1197. … “In evaluating a prisoner's claim, courts consider whether ‘the 18 officials act[ed] with a sufficiently culpable state of mind’ and if the alleged wrongdoing was 19 objectively ‘harmful enough’ to establish a constitutional

(PC) Jones v. Lynch

District Court, E.D. California · Sep 29, 2022

The court may, therefore, dismiss a claim as frivolous where it is based on an 21 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 22 490 U.S. at 327. … By establishing the existence of a serious medical need, a prisoner satisfies the 25 objective requirement for proving an Eighth Amendment violation. Farmer v.

(PC) Ruiz v. Leon

District Court, E.D. California · Jun 12, 2020

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 13 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … These circumstances are common to many inmates and do not establish the 2 exceptional circumstances necessary to warrant the appointment of counsel.

United States v. Jack

257 F.R.D. 221 · District Court, E.D. California · May 9, 2009

(Id. at 16-17.) 3 Finally, the defendants argue that any documents prepared by the CIA or other agencies and shared with prosecution do not qualify as work product at all. (Reply at 18.) … This discovery request is obviously over-broad and granting it in full would clearly pose an undue and unreasonable burden on the government. That, however, does not end the inquiry.

McGranahan v. Insurance Corp. of New York

544 F. Supp. 2d 1052 · District Court, E.D. California · Feb 13, 2008

Mendez, 213 Cal.App.3d 41 , 261 Cal.Rptr. 273 (1989), to argue that no potential for liability existed because deliberate acts, despite their unintentional harm, can never qualify as “accidental.” … Thus, unlike in Ray , JSD’s conduct is not clearly outside the scope of the insurance policy. 10 .

(PC) Hammler v. Grubbs

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

or portion thereof if the prisoner has raised claims that are legally 13 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 14 monetary relief from a defendant who is immune … Brennan, 511 U.S. 825, 837 (1994) To establish 13 deliberate indifference, plaintiff must show that defendants knew of and disregarded a substantial 14 risk of serious harm to his health and safety.

(PC) McLane v. Tollett

District Court, E.D. California · Apr 26, 2024

complaint or portion thereof if the prisoner raised claims that are legally 1 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 2 monetary relief from a defendant who is immune … Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998)). 24 2 The Ninth Circuit has recognized “a clearly established constitutional due process right

(PC) Hunter v. Jackowitz

District Court, E.D. California · Jun 12, 2023

County of Sacramento, 652 F.3d 1225 (9th Cir. 8 2011) established a basis for his allegation that the Sacramento County jail has a custom of using 9 excessive force); Garrison v. … Plaintiff is advised that in an amended 18 complaint he must clearly identify each defendant and the action that defendant took that violated 19 his constitutional rights.

Insixiengmay v. Hyatt Corp.

District Court, E.D. California · Jan 20, 2021

If only a portion or portions of the material on a page qualifies 23 for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 24 appropriate markings in the margins). … If only a portion or portions of the material on a page qualifies for 5 protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making 6 appropriate markings in the margins).

(SS) Mallory v. Commissioner of Social Security

District Court, E.D. California · Feb 16, 2021

812 F.2d 1226, 1232 (9th Cir. 12 1987) (“If the Magistrate’s conclusion that there was no psychiatric evidence is based on an 13 assumption that such evidence must be offered by a Board-certified psychiatrist, it is clearly … However, the record did not establish which months plaintiff held which 20 job. Id. at *2.

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 .

Randy Ryan Agno v. PHH Mortgage Corporation

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

Error. 12 C.F.R. § 1024.35(c) (“servicer may…establish an address that a borrower must use to 14 submit a notice of error…”); 12 C.F.R. § 1024.36(b) (“servicer may, by written notice provided to 15 the borrower, establish … Instead, plaintiff argues that PHH clearly received his communications because, as 20 PHH acknowledges, “PHH reviewed the applications and determined that additional documents 21 were needed.” ECF No. 17-1 at 6.

Arredondo v. Delano Farms Co.

301 F.R.D. 493 · District Court, E.D. California · Feb 21, 2014

Review of Case Law Presented by Defendants Clearly, the Wal-Mart decision is a primary impetus and basis for Defendants’ motions for decertification. … That alone establishes commonality for the subclass.

(PS) Rigor v. Fernandez

District Court, E.D. California · Nov 25, 2019

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 … Should plaintiff choose to file an amended 6 complaint, the amended complaint shall clearly set forth the allegations against each defendant 7 and shall specify a basis for this court’s subject matter jurisdiction.

Bernal v. Sacramento County Sheriff Department

District Court, E.D. California · Apr 5, 2022

could find that the officers’ conduct was at any point during their interaction with Plaintiffs 27 unreasonable, the officers would be entitled to qualified … immunity because Plaintiffs did not demonstrate that “the law clearly established that [Defendants’] conduct was unlawful in the circumstances of the case.” 28 Saucier v.

(PC) Palomar v. Newsom

District Court, E.D. California · Jan 6, 2025

The court may dismiss a claim as frivolous if it is based on an indisputably meritless 1 legal theory or where the factual contentions are clearly baseless. … Plaintiff’s allegation that it was “potentially deadly” for 11 him to climb the stairs is too vague to establish a serious medical need.

Kjelstrom v. American Medical Response West

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

If 6 only a portion or portions of the material on a page qualifies for protection, the 7 Producing Party also must clearly identify the protected portion(s) (e.g., by making 8 appropriate markings in the margins). … If only a portion or 19 portions of the material on a page qualifies for protection, the Producing Party also 20 must clearly identify the protected portion(s) (e.g., by making appropriate markings 21 in the margins

Monterrosa v. City of Vallejo

District Court, E.D. California · Feb 11, 2021

immunity applies to Defendants. … Defendants argue Plaintiffs’ 16 fourth claim is inadequately pleaded and qualified immunity applies to Defendants.

(PC) Polee v. Staggs-Boatright

District Court, E.D. California · Nov 29, 2022

complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … “A showing of medical 11 malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth 12 Amendment.” Toguchi, 391 F.3d at 1060; see also Hallett v.