Case law

(PC) Calderon v. Covello

District Court, E.D. California · Nov 9, 2023

The court may, therefore, dismiss a claim as frivolous when it is based on an 19 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 20 490 U.S. at 327. … To establish a violation of this 22 duty, a prisoner must “show that the officials acted with deliberate indifference to threat of serious 23 harm or injury to an inmate.”

Paldara

District Court, E.D. California · Oct 30, 2025

Even gross negligence is insufficient to establish deliberate indifference to serious 10 medical needs. See Wood v. … To establish 15 a violation of the Eighth Amendment, the prisoner must “show that the officials acted with 16 deliberate indifference . . .” Labatad v. Corrs.

Frutoz v. Valley Children's Hospital

District Court, E.D. California · Jun 26, 2025

At all relevant times, the Hospital granted medical 4 privileges to physicians who qualify as “health care providers,” as defined in California’s medical 5 malpractice statutes. (Id.), citing Cal. Bus. … Plaintiffs oppose, stating that “[t]he case law provided clearly establishes that 26 Section 1317 provides a basis for a private cause of action.” (ECF No. 25, p. 17.)

(PC) Boone v. Ruby

District Court, E.D. California · Jul 27, 2022

The court may dismiss a claim as frivolous if it is based on an indisputably meritless legal 7 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. … The obviousness of the risk, however, 23 may be sufficient to establish knowledge. See Farmer, 511 U.S. at 842; Wallis v. Baldwin, 70 24 F.3d 1074, 1077 (9th Cir. 1995).

(PC) Maestas v. RCCC

District Court, E.D. California · Jul 28, 2023

complaint or portion thereof if the prisoner has raised claims that are 25 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 26 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 2 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

Broderick Warfield v. AX9 Security Services

District Court, E.D. California · Jul 6, 2026

IFP statute requires federal courts to dismiss a case if the action is legally 21 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 22 monetary relief from a defendant who is immune … The amended complaint must clearly set forth the relief 4 requested.

(PC) Cagan v. Lake

District Court, E.D. California · May 5, 2020

or portion thereof if the prisoner has raised claims that are 9 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 10 that seek monetary relief from a defendant who is immune … The basis of a 27 Bivens action is some illegal or inappropriate conduct on the part of a federal official or agent 28 that violates a clearly established constitutional right. Baiser v.

(PC) Perryman v. Director, CDCR

District Court, E.D. California · Jan 21, 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. Neitzke, 7 490 U.S. at 327. … Retaliation 14 To the extent plaintiff is attempting to make a claim that the property losses were the 15 result of retaliation, he fails to allege any facts to establish

(PC) De La Cruz v. Superior Court of California

District Court, E.D. California · Nov 6, 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. Neitzke, 7 490 U.S. at 327. … In order to state a claim for the denial of court access, a prisoner must 27 establish that he suffered an actual injury. Id. at 349.

(PC) Millner v. Dileo

District Court, E.D. California · Jan 7, 2021

In the 24 alternative, Defendants argue that they are entitled to qualified immunity. 25 1. Defendant Dr. … Qualified Immunity 21 Because the Court has found that Defendants’ are entitled to summary judgment on the merits 22 of the claims, the Court need not determine whether they

Jose Camargo v. John Doe 1, et al.

District Court, E.D. California · Mar 16, 2026

Even gross negligence is 3 insufficient to establish deliberate indifference to serious medical needs. … In order to state a claim for the denial of court 4 access, a prisoner must establish that he suffered an actual injury. Id. at 349.

(PS) Newson v. Mercedes-Benz Financial Services

District Court, E.D. California · Dec 12, 2024

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 … In reviewing a complaint under this standard, the 15 Court will (1) accept as true all of the factual allegations contained in the complaint, unless they 16 are clearly baseless or fanciful, (2) construe those allegations

(PS) Ryse v. Friend

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

However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … Under this standard, a court must dismiss a 21 complaint as frivolous where it is based on an indisputably meritless legal theory or where the 22 factual contentions are clearly baseless.

(PC) Blackwell v. Covello

District Court, E.D. California · Jan 4, 2021

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. … An equal protection claim may be established by showing that defendants 11 intentionally discriminated against plaintiff based on his membership in a protected class, 12 Hartmann, 707 F.3d at 1123, or that similarly situated

Khojasteh

District Court, E.D. California · Mar 17, 2026

IFP statute requires federal courts to dismiss a case if the action is legally 4 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 5 monetary relief from a defendant who is immune … In reviewing a complaint under this standard, the court will 8 (1) accept as true all of the factual allegations contained in the complaint, unless they are clearly 9 baseless or fanciful, (2) construe those allegations

(PC) Solis v. Gonzales

District Court, E.D. California · Jun 29, 2020

P. 56(c)(1)(B). 22 Summary judgment should be entered against a party who fails to make a showing 23 sufficient to establish the existence of an element essential to that party’s case, and on which … The Court also does not address Defendant’s argument 27 that she is entitled to qualified immunity. 1 VI.

William Cole v. City of Woodland, et al.

District Court, E.D. California · Aug 6, 2026

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.

(PC) Scherffius v. Smith

District Court, E.D. California · Dec 27, 2019

3 immunity. 4 I. … immunity. 1 | specified time may result in waiver of the right to appeal the district court’s order.

Epperson v. Cederborg

District Court, E.D. California · Nov 10, 2020

LLC, 728 F.3d 975, 981 (9th Cir. 2013). 3 To establish diversity jurisdiction, Plaintiff must provide facts or calculations establishing how he 4 arrived at his demand. See Campbell v. Vitran Express, Inc., No. … Should Plaintiff decide to amend his complaint, he must clearly 19 state under which federal statute or constitutional provision his claim arises. 20 B.

Crawley

District Court, E.D. California · Sep 10, 2025

In his capacity as Warden, Plaintiff 7 alleges Defendant Phillips “[was] responsible for establishing, implementing, and enforcing 8 policies related to inmate medical care, overdose prevention, emergency response … he can plead additional factual 27 2 At this early stage of the proceedings, the Court declines to entertain Defendants’ arguments regarding qualified