Case law
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District Court, E.D. California · May 13, 2024
The court may dismiss a claim as frivolous if it is based on an indisputably meritless 13 legal theory or where the factual contentions are clearly baseless. … Discussion 5 A plaintiff may bring an action under 42 U.S.C. § 1983 to redress violations of “rights, 6 privileges, or immunities secured by the Constitution and
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 1, 2020
Under California law, negligence is 18 established if the plaintiff can show that his injury is a result of the defendant’s breach of a duty 19 of care. Nally v. Grace Cmty. … 3000.03 (employees are responsible for the detention, supervision, inspection, care of 3 inmates), 3420.11 (employees are required to remain fully alert and attentive during the duty 4 hours), 550.14 (post orders must clearly
Cited 0 timesUnknown(PC) Harris v. California Forensic Medical Group
District Court, E.D. California · Oct 15, 2020
Generally 10 Section 1983 “provides a cause of action for the deprivation of any rights, privileges, or 11 immunities secured by the Constitution and laws of the … Indeed, even 18 gross negligence is insufficient to establish deliberate indifference to serious medical needs. See 19 Lemire, 726 F.3d at 1081-82 (citing Wood v.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 1, 2023
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 … 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.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 27, 2020
that they are not liable, and alternatively, that they are entitled to 28 qualified immunity. … Jaime for failure to protect in 6 violation of the Eighth Amendment. 7 To establish a failure to protect claim, the prisoner must establish that prison officials 8 were deliberately
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 3, 2026
a ... policymaker possessed 10 with final authority to establish that policy.” … Id. 24 Inmates do not have a clearly established constitutional right to receive visits, in particular 25 contact visits. Dunn v. Castro, 621 F.3d 1196, 1202 (9th Cir. 2010); Toussaint v.
Cited 0 timesUnknownArthur Taylor v. State of California
District Court, E.D. California · Dec 2, 2025
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 … 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.
Cited 0 timesUnknownSt. Paul Fire and Marine Insurance Company v. Kinsale Insurance Company
District Court, E.D. California · Feb 10, 2022
Except as otherwise provided in 9 this PROTECTIVE ORDER or as otherwise stipulated or ordered, DISCLOSURE 10 OF DISCOVERY MATERIAL that qualifies for protection under this 11 PROTECTIVE ORDER must be clearly … If only a portion or portions of the material on 18 a page qualifies for protection, the PRODUCING PARTY also must clearly identify 19 the protected portion(s) (e.g., by making appropriate markings in the margins).
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 7, 2020
The court may, therefore, dismiss a claim as frivolous when it is based on an 14 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 15 490 U.S. at 327. … Defendant Valencia stated that it was determined that plaintiff did not qualify for the 9 PIP program.
Cited 0 timesUnknown(PS) King v. State of California
District Court, E.D. California · Aug 26, 2025
In 7 reviewing a complaint under this standard, the court accepts as true the factual 8 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 9 construes those allegations in the … A federal court’s jurisdiction may be established in one of two ways: actions 23 arising under federal law or those between citizens of different states in which the 24 alleged damages exceed $75,000. 28 U.S.C. §§ 1331
Cited 0 timesUnknown(PS) Alsop v. UC Davis Medical Center
District Court, E.D. California · Jul 6, 2020
the case at any time if it determines the 14 allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on 15 which relief may be granted, or seeks monetary relief against an immune … Nor do they establish that plaintiff was injured pursuant to 6 defendant’s policy or custom.
Cited 0 timesUnknownElkins v. California Highway Patrol
District Court, E.D. California · Mar 24, 2022
Fry, 873 F.3d 817, 824 (9th Cir. 2017) (holding “whether 7 a right is clearly established is a legal issue for the judge to decide, although special interrogatories 8 to the jury can be used to establish disputed material … Defendant maintains his additional 24 affirmative defense of qualified immunity. 25 VII.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 7, 2024
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. … Circumstances 20 common to most prisoners, such as lack of legal education and limited law library access, do not 21 establish exceptional circumstances that warrant a request for voluntary assistance of counsel.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 28, 2021
complaint or portion thereof if the inmate has raised claims that are 20 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 21 that seek monetary relief from a defendant who is immune … 14 policy, and by holding knowledge of plaintiff’s lawsuit against the sheriff office/county, and by holding knowledge of the clearly
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 2, 2020
The Court 27 must dismiss a complaint or portion thereof if the prisoner has raised claims that are frivolous or 1 defendant immune from such relief. 28 U.S.C. § 1915A(b). … Generally, mere 20 differences in medical opinion are insufficient to establish deliberate indifference. Jackson v. 21 McIntosh, 90 F.3d 330, 332 (9th Cir. 1996) (citations omitted).
Cited 0 timesUnknown(PS) Murphy, Esq. v. LMC Construction
District Court, E.D. California · Apr 29, 2020
The court may, therefore, dismiss a claim as frivolous where it is based on an 6 indisputably meritless legal theory or where the factual contentions are clearly baseless. … If plaintiff is attempting to establish diversity jurisdiction, plaintiff’s state citizenship 16 must be diverse from the named defendant. See, e.g., Newman-Green, Inc. v.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 7, 2020
The court granted defendant Davey qualified immunity, and found plaintiff failed 8 to demonstrate a triable issue of material fact as to the remaining defendants. (Id. … such actions and certain documents therein. 26 27 3 The Central District’s minute order references the date, “January 13, 2016,” which is clearly
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 22, 2020
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. … A 23 showing of merely negligent medical care is not enough to establish a constitutional violation. 24 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 11, 2021
allegations showing that defendant refused to give him meals on any other occasion. 20 Thus, to the extent plaintiff’s claim is based on her denial to give him a meal on November 11, 21 2017 such an allegation fails to establish … Plaintiff is advised that 24 in an amended complaint he must clearly identify each defendant and the action that defendant 25 took that violated his constitutional rights.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 25, 2025
Plaintiff does not specify which Title of the ADA under 12 which he seeks relief, and no theory of relief clearly applies to the facts alleged. The court notes 13 the named defendants are not public entities. … John 12 Ascuaga’s Nugget, 548 F.3d 892, 900 (9th Cir. 2008) (conclusory allegations are insufficient to 13 establish state action).
Cited 0 timesUnknown
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