Case law
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District Court, E.D. California · May 2, 2022
As a basic 12 matter, the complaint does not clearly state what happened, when it happened or who was 13 involved. … by a...policymaker possessed 3 with final authority to establish that policy.”
Cited 0 timesUnknownTremaine Carroll v. State of California, et al.
District Court, E.D. California · Jul 2, 2026
Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). 23 ANALYSIS 24 Because Plaintiff’s allegations are disjointed and brief, and not clearly … Governor Newsom, Secretary Allison, and the State of California are therefore entitled to 5 Eleventh Amendment immunity from Plaintiff’s claims for monetary damages. See Will v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 5, 2021
The court may, therefore, dismiss a claim as frivolous where it is based on an 23 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 24 490 U.S. at 327. … .3d 1011, 1017-18 (9th Cir. 2010) (requiring official be subjectively aware of serious medical 2 need and fail to adequately respond to need to establish
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 20, 2019
complaint or portion thereof if the prisoner has raised claims that are legally 6 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 7 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when 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.
Cited 0 timesUnknown(PC) Van Huisen v. Clinton Admin.
District Court, E.D. California · Aug 16, 2023
complaint or portion thereof if the prisoner raised claims that are legally 9 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 10 monetary relief from a defendant who is immune … Circumstances 23 common to most prisoners, such as lack of legal education and limited law library access, do not 24 establish exceptional circumstances that warrant a request for voluntary assistance of counsel.
Cited 0 timesUnknownSimmons v. U.S. Department of Health, Education and Welfare
District Court, E.D. California · Aug 18, 2023
Clearly baseless factual allegations include those “that are 24 ‘fanciful,’ ‘fantastic,’ and ‘delusional.’ ” Denton, 504 U.S. at 32-33 (quoting Neitzke, 490 U.S. 25 at 325, 327, 328). … Boone: Failure to 6 Perform Legal and Implied Fiduciary Duty in Due Diligence Salvor: Safe Conduct: National 7 Strategy Established to Combat Human Trafficking.” (ECF No. 13 at 1.)
Cited 0 timesUnknownKovacs v. MEK Norwood Pines, LLC
District Court, E.D. California · Apr 15, 2022
Federal Officer Removal Statute 4 Like here, in Saldana the defendant nursing home argued 5 it qualified for federal officer removal under § 1442(a), 6 pointing … Because 27 the nursing home “d[id] not identify how a right or immunity 28 created by the PREP Act must be an essential element of the 1 willful misconduct claim as stated in the complaint,
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 17, 2025
The “United States is entitled to 26 sovereign immunity from declaratory relief judgments ‘with respect to Federal taxes.’” Hodgson v. United States, 357 F. … App. 5th at 8 1068, the United States no longer qualifies as a third party to the transaction. Rather, 9 the United States has stepped into Mr.
Cited 0 timesUnknown108 F. Supp. 3d 895 · District Court, E.D. California · May 28, 2015
Second, Defendants argue that even if the area does fall within the umbrella of Fourth Amendment protections, conditions at the Property “posed an immediate threat or danger to the health of neighboring children,” and this qualifies … discovered by Defendant Gipson in June 2010, but left for several months within a yard in a residential neighborhood behind a partially-downed fence and across the street from an elementary school — constitutes a condition which qualifies
Cited 0 timesPublishedDistrict Court, E.D. California · May 24, 2021
District of Columbia, subjects, or causes to 9 be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … “[E]ven gross negligence is insufficient to establish a 6 constitutional violation.” Id. (citing Wood v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 5, 2024
forma pauperis 24 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 25 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 26 immune … In reviewing a complaint under this standard, the 3 court accepts as true the factual allegations contained in the complaint, unless they are clearly 4 baseless or fanciful, and construes those allegations in the light
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 25, 2022
They are not qualified to make an orthopedic 10 diagnosis and failed to refer Plaintiff to an expert for his back pain. Plaintiff condition 11 deteriorated with worsening pain and spasms in his legs. … [is] insufficient, as a matter of law, to establish deliberate indifference.’ ” Toguchi, 391 12 F.3d at 1058 (quoting Jackson v.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 25, 2023
“frivolous or malicious,” that fail to state a claim upon which relief may be 15 granted, or that seek monetary relief from a defendant who is immune … By establishing the existence of a serious medical need, a prisoner satisfies the 3 objective requirement for proving an Eighth Amendment violation. Farmer v.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 28, 2022
Defendants move for summary judgment, arguing that they were not aware of 21 plaintiff’s medical condition and, therefore, could not have acted with deliberate indifference. 22 Additionally, they claim qualified immunity … However, the non-moving party is not required to establish a material 28 issue of fact conclusively in its favor; it is sufficient that “the claimed factual dispute be shown to 1 require a jury or judge to resolve the
Cited 0 timesUnknownFireman's Fund Ins. Co. v. City of Lodi, Cal.
296 F. Supp. 2d 1197 · District Court, E.D. California · Dec 22, 2003
A party benefits from early settlement with the United States, or a State, because, by operation of section 113(f)(2), such a party becomes immune from contribution claims asserted by other potentially responsible parties … Clearly, the impermissible recovery of legal fees by Lodi is a distinct litigation advantage which frustrates CERCLA’s purpose of effectuating prompt remediation and resolution of disputes.
Cited 6 timesPublishedDistrict Court, E.D. California · Mar 2, 2023
immunity. 25 1. … immunity.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 26, 2025
“Under Winter, plaintiffs must establish that irreparable harm is likely, not just 16 possible, in order to obtain a preliminary injunction.” Alliance for the Wild Rockies v. … (a).3 The Court must dismiss a complaint or portion thereof if the complaint is frivolous or 20 malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a 21 defendant who is immune
Cited 0 timesUnknown(PC) Rodriguez v. Solano State Prison
District Court, E.D. California · Aug 3, 2021
The court may, therefore, dismiss a claim as frivolous where it is based on an 25 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 26 490 U.S. at 327. … By establishing the existence of a serious medical need, a prisoner satisfies the 8 objective requirement for proving an Eighth Amendment violation. Farmer v.
Cited 0 timesUnknown(PC) Doss v. Mule Creek State Prison
District Court, E.D. California · Jun 4, 2024
complaint or portion thereof if the prisoner raised claims that are legally 6 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 7 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when 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.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 27, 2023
complaint or portion thereof if the prisoner has raised claims that are 23 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 24 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.
Cited 0 timesUnknown
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