Case law
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District Court, E.D. California · Apr 23, 2020
Id. at 251–52. 4 In the endeavor to establish the existence of a factual dispute, the opposing party need not 5 establish a material issue of fact conclusively in its favor. … Section 1983 provides that “[e]very person who, under color of any [state law] subjects, or 28 causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, 1 privileges, or immunities
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 9, 2023
Plaintiff is a Mexican-born American and was qualified for the Manager 14 II job. Id. at 10. … To establish a prima 3 facie claim for hostile work environment a plaintiff must plead specific facts that establish that: 4 (1) he was subjected to verbal or physical conduct because of a protected status; (2) the conduct
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 23, 2021
The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or 22 malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief 23 from a defendant who is immune … The very obviousness of the risk may suffice to establish the knowledge element. 8 See Wallis v. Baldwin, 70 F.3d 1074, 1077 (9th Cir. 1995).
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 9, 2023
To comply with Rule 8, a complaint should clearly and fully set forth “who is being 3 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 10 establish a nexus between the retaliatory act and the protected activity); Thomas v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 10, 2025
Except as otherwise provided in this 18 Order or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 19 protection under this Order must be clearly so designated before the material … At the expiration of that 30-day period, only those portions that are 16 specifically identified will qualify for protection under this Order.
Cited 0 timesUnknown(PC) Ramirez v. Director of CDCR
District Court, E.D. California · Jun 2, 2021
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 11 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Ct. 1970 (1994) the Supreme Court 6 established a very strict standard which a plaintiff must meet in order to establish “deliberate 7 indifference.” Negligence is insufficient. Farmer, 511 U.S. at 835.
Cited 0 timesUnknownLopez-Rodriguez v. Kern Medical Surgery Center, LLC
District Court, E.D. California · Dec 23, 2022
Public entities are entitled to government 26 immunity under the UCA. Id. … Defendants contend that 8 the Authority, KMC, and the Surgery Center are public entities, and, therefore, argue that they are 9 immune from governmental liability.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 25, 2020
The court may, therefore, dismiss a claim as frivolous where it is based on an 9 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 10 490 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 10, 2025
Except as otherwise provided in this 18 Order or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 19 protection under this Order must be clearly so designated before the material … At the expiration of that 30-day period, only those portions that are 16 specifically identified will qualify for protection under this Order.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 7, 2025
Except as otherwise provided in this 21 Order or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 22 protection under this Order must be clearly so designated before the material … , the Court’s established practices or Rules will govern. 10 || TT IS SO ORDERED.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 11, 2020
“[A] judge may dismiss [in forma pauperis] claims which are based on indisputably 8 meritless legal theories or whose factual contentions are clearly baseless.” Jackson v. … He appears to allege that 18 he undertook actions to “establish and promote the ‘peace agreement to end all hostilities’” on 19 behalf of this group.
Cited 0 timesUnknownChristensen v. Merck & Co., Inc.
District Court, E.D. California · Jan 10, 2025
Except as otherwise provided in this 18 Order or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 19 protection under this Order must be clearly so designated before the material … At the expiration of that 30-day period, only those portions that are 16 specifically identified will qualify for protection under this Order.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 8, 2025
Except as otherwise provided in this 18 Order or as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for 19 protection under this Order must be clearly so designated before the material … At the expiration of that 30-day period, only those portions that are 16 specifically identified will qualify for protection under this Order.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 5, 2021
complaint or portion thereof if the prisoner has raised claims that are legally 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 obviousness of the risk, however, 3 may be sufficient to establish knowledge. See Farmer, 511 U.S. at 842; Wallis v. Baldwin, 70 4 F.3d 1074, 1077 (9th Cir. 1995).
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 29, 2024
federal 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 20 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 21 are clearly baseless or fanciful, (2) construe those allegations
Cited 0 timesUnknown348 F. Supp. 2d 1112 · District Court, E.D. California · Nov 24, 2004
In addition to all these obstacles, El Salvador’s 1993 Amnesty Law immunized nearly every person who had committed human rights abuses before and during the civil war. … However, as long as there is a link with the widespread or systematic attack against a civilian population, a single act could qualify as a crime against humanity.
Cited 20 timesPublishedDistrict Court, E.D. California · Nov 7, 2025
The focus of the latter inquiry is on whether the state court’s 12 application of clearly established federal law is objectively unreasonable, and we stressed in Williams [v. … Missouri, 420 U.S. 162, 180 (1975). 3 Petitioner fails to point to anything suggesting California’s procedures for determination 4 of competency run afoul of clearly established federal law a determined by the Supreme
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 14, 2023
16 The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious, 17 fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant 18 who is immune … a ... policymaker possessed 25 with final authority to establish that policy.”
Cited 0 timesUnknownDistrict Court, E.D. California · May 13, 2020
or portion thereof if the prisoner has raised claims 12 that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be 13 granted, or that seek monetary relief from a defendant who is immune … 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.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 3, 2022
complaint or portion thereof if the prisoner raised claims that are legally 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 … An individual defendant is not liable on a civil 11 rights claim unless the facts establish the defendant’s personal involvement in the constitutional 12 deprivation or a causal connection between the defendant’s wrongful
Cited 0 timesUnknown
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