Case law

Hoopa Valley Tribe v. United States Bureau of Reclamation

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

[a relief is] (a) a grant of money, assistance, license, authority, etc., or (b) recognition of a claim, right, immunity, etc., or (c) a 22 taking of other action on the application or petition … Among other things, the Tenth Circuit found that the claim was non- 10 justiciable because the Army’s decision to commence trial burns did not qualify as final agency 11 action given that the record did not suggest “the

(PS)Meeks v. Butte County Children's Services Division

District Court, E.D. California · Sep 1, 2022

Under this standard, a court must dismiss a complaint as frivolous 24 where it is based on an indisputably meritless legal theory or where the factual contentions are 25 clearly baseless. … There are three ways a “policy” can be established.

(PS) Coleman v. County of Sacramento

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

identifying which defendant(s) are allegedly at fault for each claim, and 11 clearly identifying what legal cause of action is being asserted. … It is 27 “well-established that there is generally no constitutional right to counsel in civil cases.” United 28 States v. Sardone, 94 F.3d 1233, 1236 (9th Cir. 1996).

(PC) Ruiz v. Leon

District Court, E.D. California · Dec 30, 2020

“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Similarly, the fact that Leon spoke to plaintiff in English does not establish discrimination, 1 particularly when plaintiff claims an interpreter should have been used, which suggests that Leon 2 does not speak Spanish

(PC) Bibbs v. Kern Valley State Prison

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

complaint, or any portion thereof, is subject to dismissal if it is frivolous 25 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 26 relief from a defendant who is immune … Even gross negligence is insufficient to establish deliberate indifference to serious 4 medical needs. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990).

Gilbert v. Doctor's Choice Modesto LLC

District Court, E.D. California · Jan 19, 2022

An attorney employed or retained by a qualified legal 23 services project or a qualified support center, as defined in Section 6213 of the California 24 Business and Professions Code, when acting within the scope of … Any state law requirement that a claim brought under the ADA be subjected 23 to such a procedure, then, clearly conflicts with federal law.”).

Libby v. City of Gridley

District Court, E.D. California · May 17, 2021

the ADA Amendment Act of 2008 and thereby 12 predated the rules of construction regarding disability set forth 13 in that amendment, whereas here the incident took place on 14 November 23, 2020, clearly … First, 28 Plaintiff responds to Harr’s argument that he is entitled to 1 discretionary immunity pursuant to California Government Code 2 Section 820.8, see Mot. at 7, by again pointing to the

(PC) Ramnanan v. Holmes

District Court, E.D. California · Jan 20, 2022

complaint or portion thereof if the prisoner raised claims that are legally 25 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 26 monetary relief from a defendant who is immune … App’x 518 (7th Cir. 2008) 7 (prisoner’s complaint about prison job involved matters of personal, rather than public, concern 8 and did not qualify as protected speech).

Benjamin Crocker v. County of Amador, et al.

District Court, E.D. California · Jun 1, 2026

In reviewing a complaint under this standard, the 25 court accepts as true the factual allegations contained in the complaint, unless they are clearly 26 baseless or fanciful, and construes those allegations in the light … To succeed on a battery claim against a 24 police officer, a plaintiff must establish that the officer used unreasonable force. Munoz v. City of 25 Union City, 120 Cal.

(PC) Jacques v. Weiss

District Court, E.D. California · Nov 1, 2023

To establish a claim of 17 deliberate indifference arising from a delay in providing care, a plaintiff must show that the delay 18 was harmful. See Berry v. … Plaintiff is advised that in an amended complaint, she 16 must clearly identify each defendant and the action that defendant took that violated her 17 constitutional rights.

(PS) Jensen v. City and County of San Francisco

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

forma pauperis 22 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to 23 state a claim on which relief may be granted,” or “seeks monetary relief against a 24 defendant who is immune … In 27 reviewing a complaint under this standard, the court accepts as true the factual 28 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 1 construes those allegations in the

(PS) Gigena v. Sexton

District Court, E.D. California · Aug 17, 2023

IFP statute requires federal courts to dismiss a case if the action is legally 24 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 25 monetary relief from a defendant who is immune … That is, the complaint should not include every detail of what 27 happened, nor recount the details of conversations (unless necessary to establish the claim), nor 28 give a running account of plaintiff’s hopes and thoughts

(PS) Wilde v. County of Butte

District Court, E.D. California · Nov 30, 2020

complaint or portion thereof if the prisoner has raised claims that are legally 26 “frivolous or malicious,” fail to state a claim upon which relief may be granted, or seek monetary 27 relief from a defendant who is immune … The 28 court may dismiss a claim as frivolous when it is based on an indisputably meritless legal theory 1 or when the factual contentions are clearly baseless. Neitzke v.

(PC) Mosley v. Zepp

District Court, E.D. California · Jan 16, 2025

Rather, Defendant contends that Defendant provided 27 28 2 Defendant also argues that Defendant is entitled to qualified immunity and that Plaintiff … Civil recklessness (failure “to act in the face of an unjustifiably high 16 risk of harm that is either known or so obvious that it should be known”) is insufficient to 17 establish an Eighth Amendment violation.

(PC) Van Huisen v. Warner Brothers

District Court, E.D. California · Jan 16, 2024

complaint or portion thereof if the prisoner has raised claims that are 2 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 3 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 7 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(PC) Ramsey v. California Department of Corrections

District Court, E.D. California · Jul 21, 2020

whether Rasheed was an employee at the 2 privately-owned hospital or a medical professional employed by the prison or the state. 3 Distinguishing between a private party and a government employee is crucial towards 4 establishing … Because plaintiff 8 has not clearly alleged whether Rasheed was a hospital employee or an optometrist employed by 9 the prison, the Court cannot properly analyze plaintiff’s complaint against Rasheed.

(PC) Zayas v. Navarro

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

Analysis 24 Plaintiff fails to establish a due process claim as the facts alleged do not show that 25 plaintiff suffered an authorized deprivation of his property. … The Ninth Circuit has clearly found that California law 11 provides adequate post-deprivation remedies for deprivations of property. Barnett, 31 F.3d at 12 816-17.

Quintana

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

Hartford, 204 F.3d 1187, 1197 (9th Cir. 2000) (“In the simplest and most absolute of terms . . . 20 prisoners [have a clearly established Eighth Amendment right] to be free from sexual 21 abuse . . . .”). … Even gross 2 negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood 3 v.

(PC) King v. Lemos

District Court, E.D. California · May 21, 2021

The CDCR is a state agency and is 7 therefore immune from suit under the Eleventh Amendment. See Will v. … Halderman, 465 U.S. 89, 100 (1984) (holding that Eleventh Amendment immunity extends to 12 state agencies.) The CDCR is immune from suit. 13 D.

(PS) Kimball v. Sacramento's DA's Office

District Court, E.D. California · May 28, 2025

forma pauperis 1 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to 2 state a claim on which relief may be granted,” or “seeks monetary relief against a 3 defendant who is immune … In 6 reviewing a complaint under this standard, the court accepts as true the factual 7 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 8 construes those allegations in the