Case law

Smith v. Ayodale

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

While short, Plaintiff’s 24 complaint does not clearly state what happened. As indicated, Plaintiff’s allegations are 25 disjointed, unclear, and partially written in the margins. … Thus, Plaintiff's 24 complaint does not establish diversity jurisdiction. 25 2.

Floyd Eugene Barnes v. California Department of Corrections

District Court, E.D. California · May 13, 2026

IFP statute requires federal courts to dismiss a case if the action is legally 25 “frivolous or malicious,” fails to state a claim upon which relief may be granted or seeks 26 monetary relief from a defendant who is immune … AMENDING THE COMPLAINT 4 If plaintiff chooses to amend the complaint, the amended complaint must allege facts 5 establishing the existence of viable legal claims.

(PC) Davis v. Wheeler

District Court, E.D. California · Nov 1, 2019

“To establish a violation of Title II of the 11 ADA, a plaintiff must show that (1) [he] is a qualified individual with a disability; (2) [he] was excluded from participation in or otherwise 12 … Because Plaintiff has not plead facts that establish he is a qualified individual with a disability under the ADA, this claim in its 14 current state cannot pass the screening stage.

Jarrold

District Court, E.D. California · May 27, 2026

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. … Retaliation 2 The right of access to the courts extends to the exercise of established prison grievance 3 procedures. Rhodes v.

(PC) Cox v. Kernan

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

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. … Allen told plaintiff that prison staff, including 26 Olivas and Warden Lizarraga were concerned that plaintiff was trying to establish a relationship 27 with Grimes.

Coppola v. Smith

935 F. Supp. 2d 993 · District Court, E.D. California · Mar 26, 2013

Further, individual exceedances of a particular regulation or standard is insufficient to bypass Hart-well ’s immunity. … The October 2009 DTSC letter would clearly inform Coppola that their property was damaged by PCE.

Seolas v. LH Research, Inc. Profit Sharing Plan (In Re Seolas)

140 B.R. 266 · District Court, E.D. California · Apr 30, 1992

Accordingly, state laws “specifically designed to affect employee benefit plans” clearly relate to such plans, and are thus preempted. Mackey v. … Given its direct application only to ERISA plans, the statute is clearly preempted. The issue here is much like that considered in Mackey, 486 U.S. 825 , 108 S.Ct. 2182 .

James L. Johnson, Jr. v. Cynthia Hill, et. al.

District Court, E.D. California · Apr 7, 2026

or portion thereof if the prisoner has raised claims that are legally 26 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 27 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.

(PS) Brito v. Corona Police Department

District Court, E.D. California · Aug 19, 2025

In 10 reviewing a complaint under this standard, the court accepts as true the factual 11 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 12 construes those allegations in the … The Complaint consists of 23 vague and conclusory allegations that fail to establish Plaintiff’s causes of action. Plaintiff 24 also fails to allege causes of action that establish a private right of action.

(PC) Harris v. Borquez

District Court, E.D. California · Mar 7, 2023

Fourteenth Amendment – Deliberate Fabrication of Evidence 2 Plaintiff asserts a Fourteenth Amendment due process claim, predicated on Devereaux, 3 that “there is a clearly established constitutional due process right … Devereaux, 263 F.3d at 1074–75 (9th Cir. 2001) (en banc) (“[T]here is a 17 clearly established constitutional due process right not to be subjected to criminal charges on the 18 basis of false evidence that was deliberately

Jeremiah Hankins v. Sacramento County, et al.

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

The requisite causal connection can be 11 established by setting in motion a series of acts by others or by knowingly refusing to terminate a 12 series of acts by others, which the supervisor knew or reasonably should … Hancock’s explanation to plaintiff for the Doe defendants’ actions does not, by itself, 3 establish his personal participation in the alleged rights violation.

Spacone v. Burke (In Re Truck-A-Way)

300 B.R. 31 · District Court, E.D. California · Sep 10, 2003

Dis *35 qualify at 10-11.) As a result, counsel continued to retain the documents. Counsel subsequently turned over the seized boxes and documents to the United States Attorney’s office. (Counsel Decl. ¶¶ 17, 19.) … Clearly the explicit requirements of Rule 41 reflect the exacting mandate of the Fourth Amendment and cannot be circumvented by the statutory structure created by the Bankruptcy Code.

(PC) Ben-Binyamin v. Benavidez

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

While the non-moving party is not required to 2 establish a material issue of fact conclusively in its favor, it must at least produce “evidence from 3 which a jury could reasonably render a verdict in [its] favor.” … Finally, they argue that they are 11 entitled to qualified immunity.

Demarest v. City of Vallejo California

District Court, E.D. California · Feb 18, 2020

27 3 Since the Court finds no constitutional violation, it is unnecessary to reach the derivative issues 28 of qualified … immunity or of the City’s liability.

(PC) Armenta v. Burns

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

As a basic 18 matter, the complaint does not clearly state what happened, when it happened or who was 19 involved. … To establish a failure to protect claim, the prisoner must establish that prison officials 24 were deliberately indifferent to a sufficiently serious

Brown

District Court, E.D. California · May 11, 2026

IFP statute requires federal courts to dismiss a case if the action is legally 28 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 1 monetary relief from a defendant who is immune … ECF No. 1 at 3. 1 that would necessarily imply the invalidity of the conviction or sentence, the plaintiff must 2 establish that the underlying sentence or conviction has been invalidated on appeal, by a habeas 3

(PC) Sherrod v. Unknown

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

a violation of this duty, the prisoner must establish that prison officials were 19 “deliberately indifferent to a serious threat to the inmate’s safety.” … The amended 9 complaint should be clearly and boldly titled “Second Amended Complaint,” refer to the 10 appropriate case number, and be an original signed under penalty of perjury. 11 Accordingly, IT IS HEREBY

(HC) Kennedy v. Brazelton

District Court, E.D. California · Aug 12, 2019

. § 2254(d), this Court cannot grant relief unless the decision of the state court was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the … Where holdings of the Supreme Court regarding the issue presented on habeas review are lacking, “it cannot be said that the state court ‘unreasonabl[y] appli[ed] clearly established Federal law.’” Carey v.

Dimitri Z. Storm v. HDSP CDCR Officers, et. al.

District Court, E.D. California · Apr 7, 2026

The court may, therefore, dismiss a claim as frivolous where it is based on an 10 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 11 490 U.S. at 327. … An individual defendant is not liable on a civil 19 rights claim unless the facts establish the defendant’s personal involvement in the constitutional 20 deprivation or a causal connection between the defendant’s wrongful

(PC) Nelson v. Allison

District Court, E.D. California · Mar 10, 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. … Rouser received “a memo stating why MCSP [facility] did 12 not have to comply with the settlement agreement established in Rouser v.