Case law
Opinions from 1658 to today.
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2.11s
District Court, E.D. California · Aug 10, 2020
or portion thereof if the prisoner has raised claims that are 24 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 25 that seek monetary relief from a defendant who is immune … “[A] court may dismiss a claim as factually frivolous only if the facts alleged 6 are ‘clearly baseless,’ a category encompassing allegations that are ‘fanciful,’ ‘fantastic,’ and 7 ‘delusional.’” Denton v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 18, 2022
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. Neitzke, 7 490 U.S. at 327. … “[E]ven gross negligence is insufficient to establish a constitutional violation.” Id.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 4, 2022
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 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 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 timesUnknownDistrict Court, E.D. California · Nov 25, 2025
Experts appointed under this rule are typically used in 2 complex litigation where the record is not clearly developed by the parties, and generally serve the 3 purpose of aiding the court in understanding the subject … Jan. 25, 2022) 21 (“Plaintiff’s indigence does not qualify ‘as an exceptional circumstance in a prisoner civil rights 22 case’”); Gipbsin v. Kernan, No. 2:12-cv-0556 KJM DB P, 2021 WL 242570, at *2 (E.D. Cal.
Cited 0 timesUnknownColin Raker Dickey v. Warden of Pelican Bay State Prison
District Court, E.D. California · Jan 15, 2026
This court looks to “Supreme Court holdings at 12 the time of the state court’s last reasoned decision” as “the source of clearly established Federal 13 law for the purposes of AEDPA.” Barker v. … A 14 Supreme Court precedent is not clearly established law under section 2254(d)(1) unless the Court 15 “squarely addresses the issue” in the case before the state court. Wright v.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 23, 2025
IFP statute requires federal courts to dismiss a case if the action is legally 26 “frivolous or malicious,” fails to state a claim upon which relief may be granted or seeks 27 monetary relief from a defendant who is immune … In reviewing a complaint under this standard, the court will 2 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 3 baseless or fanciful, (2) construe those allegations
Cited 0 timesUnknown250 F. Supp. 3d 644 · District Court, E.D. California · Apr 19, 2017
The LTSIP is an ERISA-qualified plan that at times references the NCA. … Ct. 1997) (“The plaintiff bears the burden on establishing the existence of a trade secret.”)
Cited 0 timesPublishedDistrict Court, E.D. California · Sep 27, 2019
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 … Criminal Code does not establish any private right of action and therefore cannot 28 support a civil lawsuit. See Aldabe v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 29, 2020
To establish a claim of deliberate indifference arising from a delay in providing care, a 5 plaintiff must show that the delay was harmful. See Berry v. … The amended complaint should be clearly titled, in 26 bold font, “Second Amended Complaint,” reference the appropriate case number, and be an original 27 signed under penalty of perjury.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 25, 2025
determines that the allegation of poverty 28 is untrue, or that the action or appeal is frivolous or malicious, fails to state a claim upon which 1 relief may be granted, or seeks monetary relief against a defendant who is immune … 15 amended complaint, as in an original complaint, each claim and the involvement of each defendant 16 must be sufficiently alleged. 17 The amended complaint should be clearly
Cited 0 timesUnknownUnited States v. Southern California Edison Co.
413 F. Supp. 2d 1101 · District Court, E.D. California · Feb 6, 2006
The government has failed to establish that the licenses explicitly include the 12kV transformers and SCE has failed to establish that the licenses affirmatively exclude the transformers. This issue remains for trial. … The second inquiry is factual: Do the 12kV transformers qualify as the type of equipment over which FERC has jurisdiction?
Cited 4 timesPublishedUnited States Ex Rel. Sequoia Orange Co. v. Sunland Packing House Co.
912 F. Supp. 1325 · District Court, E.D. California · Sep 27, 1995
“[A]n agency’s interpretation of its own organic statute and regulations are accorded deference, ‘unless the administrative construction is clearly contrary to the plain and sensible meaning of the regulation.’ ” Borregard … Relators complain that they cannot match Sunkist’s political access, tax and antitrust immune status, and bloc voting power granted by law.
Cited 17 timesPublished(PC) Johnson v. California Department of Corrections and Rehabilitation
District Court, E.D. California · Sep 11, 2020
or portion thereof if the prisoner has raised claims that are legally 27 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 28 monetary relief from a defendant who is immune … “The requisite causal connection may be 4 established when an official sets in motion a ‘series of acts by others which the actor knows or 5 reasonably should know would cause others to inflict’ constitutional harms.”
Cited 0 timesUnknown817 F. Supp. 1443 · District Court, E.D. California · Apr 1, 1993
At the time of Petitioner’s trial it was clearly established that a defendant pleading not guilty by reason of insanity was entitled to a determination of sanity under the ALl/Drew definition. … The court disagrees; the Ninth Circuit clearly did not go that far in Hendricks .
Cited 7 timesPublished(PC) Meeks v. Butte County Sheriff's Dept.
District Court, E.D. California · May 26, 2022
complaint or portion thereof if the prisoner 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 … See Tsao v. 16 Desert Palace, 698 F.3d 1128, 1138 (9th Cir. 2012) (“To establish § 1983 liability, a plaintiff 17 must show both (1) deprivation of a right secured by the Constitution and laws of the United 18 States
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 27, 2021
By establishing the existence of a serious medical need, a prisoner satisfies the 4 objective requirement for proving an Eighth Amendment violation. Farmer v. … To establish a claim of deliberate indifference arising from delay in providing care, a 22 plaintiff must show that the delay was harmful. See Hallett v.
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 12, 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 … Circumstances 26 common to most prisoners, such as lack of legal education and limited law library access, do not 27 establish exceptional circumstances that warrant a request for voluntary assistance of counsel.
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 timesUnknown
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