Case law
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District Court, E.D. California · Mar 24, 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 … 27 prison officials’ “deliberate indifference” to the unconstitutional conditions of confinement to 28 establish an Eighth Amendment violation.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 3, 2020
The court may, therefore, dismiss a claim as frivolous where it is based on an 3 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 4 490 U.S. at 327. … Mere 14 negligence on the part of the prison official is not sufficient to establish liability.
Cited 0 timesUnknownDistrict Court, E.D. California · May 13, 2021
or portion thereof if the prisoner has 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 … Navajo County Ariz. 609 20 F.3d 1011, 1017-18 (9th Cir. 2010) (requiring official be subjectively aware of serious medical 21 need and fail to adequately respond to need to establish deliberate indifference). 22
Cited 0 timesUnknown(PC) Hand v. Management and Training Corporation
District Court, E.D. California · Feb 11, 2022
inmates may receive instruction in the theory of software 24 development. 25 In February 2020, after the BOP announced that only “approved” classes would qualify … The basis of a Bivens 25 action is some illegal or inappropriate conduct on the part of a federal official or agent that 26 violates a clearly established constitutional right. Baiser v.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 23, 2025
complaint, or a portion of it, if the prisoner has raised claims that are 7 frivolous or malicious, that fail to state a claim upon which relief may be granted, or that seek 8 monetary relief from a defendant who is immune … “The basis of a Bivens 20 action is some illegal or inappropriate conduct on the part of a federal official or agent that 21 violates a clearly established constitutional right.” Balser v.
Cited 0 timesUnknown857 F. Supp. 1392 · District Court, E.D. California · Jun 13, 1994
In order to qualify as a contest under the statute, the game must require some combination of skill and chance, but skill need not dominate the game. See Cal. … Similarly, the allegations in the complaints, even if true, do not establish any requirement of skill to enter the sweepstakes. This is an alternative ground on which the illegal contest claims are dismissed. 18 .
Cited 30 timesPublished(PC) Aguilar v. Amador County Sheriff's Dept.
District Court, E.D. California · Aug 9, 2023
The court may dismiss a claim as frivolous if it is based on an indisputably meritless legal 5 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … In order to establish a claim under the 10 Free Exercise Clause, a plaintiff must show the defendants “substantially burdened” the practice 11 of his or her religion. Shakur v.
Cited 0 timesUnknownDistrict Court, E.D. California · May 15, 2023
Based on this lack of 2 evidence establishing retaliation in violation of the First Amendment, defendant Romary requests 3 summary judgment on qualified immunity grounds as well. … In the 3 endeavor to establish the existence of a factual dispute, the opposing party need not establish a 4 material issue of fact conclusively in its favor.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 9, 2022
Because 16 Sara became disabled prior to the age of 26, she qualifies under Jose’s insurance as a 17 disabled dependent. … A motion for judgment on the 7 pleadings should only be granted if “the moving party clearly establishes on the face of 8 the pleadings that no material issue of fact remains to be resolved and that it is entitled 9
Cited 0 timesUnknown(PC) Wilson v. High Desert State Prison
District Court, E.D. California · Feb 28, 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 … Chung, 391 F.3d 1051, 1060 (9th Cir. 2004) (negligence 9 constituting medical malpractice is not sufficient to establish an Eighth Amendment violation). 10 B.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 13, 2023
The court may, therefore, dismiss a claim as frivolous where it is based on an 7 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 8 490 U.S. at 327. … By establishing the existence of a serious medical need, a prisoner satisfies the 17 objective requirement for proving an Eighth Amendment violation. Farmer v.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 18, 2023
The court may, therefore, dismiss a claim as frivolous when it is based on an 13 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 14 490 U.S. at 327. … To establish a 13 violation of the Eighth Amendment, the prisoner must “show that the officials acted with 14 deliberate indifference ...” Labatad v. Corrs.
Cited 0 timesUnknownDistrict Court, E.D. California · May 21, 2025
In 9 reviewing a complaint under this standard, the court accepts as true the factual 10 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 11 construes those allegations in the … Second, Plaintiff also 8 does not establish complete diversity of citizenship. See Morris v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 11, 2020
To 12 show discriminatory intent, a plaintiff must establish deliberate indifference by the public entity. 13 Duvall, 260 F.3d at 1138. … [T]hat edict contains one significant qualifier: the remedies must indeed be 21 “available” to the prisoner.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 26, 2021
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. … Inmate Grievances 15 The existence of a prison grievance procedure establishes a procedural right only and 16 “does not confer any substantive right upon the inmates.”
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 28, 2022
The court may, therefore, dismiss a claim as frivolous where it is based on an 11 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 12 490 U.S. at 327. … An authorized deprivation is one 13 carried out pursuant to established state procedures, regulations, or statutes. Piatt v. MacDougall, 14 773 F.2d 1032, 1036 (9th Cir. 1985); see also Knudson v.
Cited 0 timesUnknownPenn-Star Insurance Company v. Zenith Insurance Company
District Court, E.D. California · Oct 29, 2021
Whether Colotl and Golden Qualify as Insureds Under the Zenith Policy 4 The initial issue the parties ask the court to resolve is whether Colotl and Golden qualify 5 as insureds under the Zenith policy, which would … Accordingly, for Penn-Star to establish that it had no duty to defend 7 Camp in the underlying action, it must show that the underlying claims against Camp did not fall 8 within the Penn-Star policy’s coverage.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 22, 2023
To comply with Rule 8, a complaint should clearly and fully set forth “who is being 5 sued, for what relief, and on what theory, with enough detail to guide discovery.” … Wash. 2014) (to state a cognizable retaliation claim, a plaintiff must 12 establish a nexus between the retaliatory act and the protected activity); Thomas v.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 11, 2021
Plaintiff interprets this language as establishing a general duty 5 to protect students from any harm, including financial harm. ECF No. 1 at 28. … The complaint is disjointed and 15 difficult to comprehend, and does not clearly set forth facts giving rise to any legal claim.
Cited 0 timesUnknown(PS) Miner v. Washington State
District Court, E.D. California · Aug 30, 2019
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 … In reviewing a complaint under this standard, the 11 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 12 are clearly baseless or fanciful, (2) construe those allegations
Cited 0 timesUnknown
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