Case law

Doris Anderson v. County of Fresno

District Court, E.D. California · Oct 22, 2021

The information or items shall be clearly 8 identified as follows: CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER, 9 Doris Anderson, et al. v. County of Fresno, et al., E.D. Cal. … A sealing order will issue only 2 upon a request establishing that the Protected Material at issue is privileged, protectable as a trade 3 secret, or otherwise entitled to protection under the law.

(PC) Tolliver v. County of Sacramento

District Court, E.D. California · Apr 28, 2020

Servs., 436 U.S. 658, 690–91 & n. 54 (1978) 8 (noting that Eleventh Amendment immunity does not extend to suits against local municipal 9 governments). … Constitution establishes the right to counsel in all 24 criminal prosecutions. U.S. Const. amend VI; see also Gideon v.

Daniel Wong v. City of Roseville, et al.

District Court, E.D. California · Aug 19, 2026

forma pauperis 23 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to state a 24 claim on which relief may be granted,” or “seeks monetary relief against a defendant who is 25 immune … For Plaintiff to prevail on a Fourth Amendment 23 Claim, he must establish that the seizure of property was unreasonable.

Brown v. Simpson Strong-Tie Company, Inc.

District Court, E.D. California · Dec 29, 2021

DISPARATE TREATMENT CLAIM 10 To establish a prima facie case of disparate treatment, a plaintiff must show “(1) he 11 belongs to a protected class; (2) was qualified for the position … Brown, the court cannot conclude that any reasonable 20 fact finder would clearly agree with Simpson’s assessment.

(PC) Howell v. McKelvey

District Court, E.D. California · Jul 24, 2020

complaint or portion thereof if the prisoner has 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 … For example, 18 retaliation against prisoners for exercising their First Amendment right to file prison grievances is 19 itself a constitutional violation and prohibited as a matter of “clearly established law.”

(PC) Singanonh v. Palacios

District Court, E.D. California · Apr 3, 2020

“The requisite causal connection may be 6 established when an official sets in motion a ‘series of acts by others which the actor knows or 7 reasonably should know would cause others to inflict’ constitutional harms.” … The amended complaint should be clearly and boldly 23 titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 24 under penalty of perjury.

(PC) Driver v. Kahlon

District Court, E.D. California · May 7, 2025

[T]hat edict contains one significant qualifier: the remedies must indeed be 16 “available” to the prisoner. … Plaintiff bears the burden of clearly satisfying all four prongs. Alliance for the Wild 27 Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011).

R.N. v. Travis Unified School District

District Court, E.D. California · Dec 8, 2020

Additionally, finding that a public school qualifies as a 27 “business establishment” under the Unruh Act aligns the Unruh Act’s jurisdiction with that of the 28 ADA, which also applies to public schools. … District MTD at 25–26. 10 Plaintiffs, in their opposition, point out District defendants have pointed to no law that shows 11 immunity for public school officials in cases involving punitive damages.

Bueno v. Bass Lake Joint Union Elementary School District

District Court, E.D. California · Jan 12, 2023

Any Documents, Testimony or Information to be designated as “Confidential” 8 must be clearly so designated before the Document, Testimony or Information is Disclosed or 9 produced. … The Designating Party shall have the burden on any Designation Motion of 13 establishing the applicability of its “Confidential” designation. 7.

Thao v. Lynch

District Court, E.D. California · Dec 30, 2024

DISCUSSION 12 In her motion, Defendant Look asserts Plaintiffs’ claims against her should be dismissed 13 with prejudice because Plaintiffs lack standing, she is entitled to absolute and qualified … immunity, 14 and Plaintiffs fail to state any claim for relief.

(PC) Rood v. Shasta County Jail Medical Staff

District Court, E.D. California · Feb 1, 2023

The court may, therefore, dismiss a claim as frivolous where it is based on an 7 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 8 490 U.S. at 327. … In an amended complaint plaintiff must clearly identify each 1 defendant and the action that defendant took that violated his constitutional rights.

Fisher v. Army National Guard

District Court, E.D. California · Mar 24, 2023

Plaintiffs argue that they “have alleged facts 15 sufficient to establish that there is a duty of care owed by PUSD to Ms. … Federal Tort Claims Act 19 “The United States enjoys immunity from suit unless it has expressly waived such 20 immunity and consented to be sued.

(PC) Roberts v. Newsom

District Court, E.D. California · Apr 19, 2023

a ... policymaker possessed 12 with final authority to establish that policy.” … Further, to establish a violation of the Equal Protection Clause, the prisoner must present 23 evidence of discriminatory intent. See Washington v.

Valdez

District Court, E.D. California · Jan 28, 2026

Thus, Plaintiff has failed to meet his burden 24 in establishing that the protected conduct was the “substantial” and “motivating” factor for 25 Parra’s conduct. … Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. 28 2 Based on the findings herein, the Court does not reach the issue of qualified immunity. 1 | Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 2

(PC) Carroll v. Scott

District Court, E.D. California · Jul 21, 2020

Id. at 28 570. 1 Additionally, “there is a clearly established constitutional … If he is, and if he chooses to amend his complaint, he should clearly state who he is 27 bringing this claim against.

Nanthavong v. United Parcel Service, Inc.

District Court, E.D. California · Feb 14, 2024

However, it does not appear that Plaintiff has clearly alleged that she 27 was engaged in any protected activity. … White, 548 U.S. 53, 61-62 (2006), but this case does not clearly stand for 8 this proposition.

(PC) Van Huisen v. DEA

District Court, E.D. California · Oct 10, 2023

complaint or portion thereof if the prisoner 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 … Unlawfully kept from establishing or re-establishing a proper measure of equity.” (ECF 7 No. 39 at 5.)

(PC) Mathews v. County of Sacramento

District Court, E.D. California · Jan 29, 2025

. § 1983 to redress violations of “rights, 24 privileges, or immunities secured by the Constitution and [federal] laws” by a person or entity, 25 including a municipality, acting under the color of state law. 42 U.S.C … Circumstances common to most prisoners, such as lack 13 of legal education and limited law library access, do not establish exceptional circumstances that 14 would warrant a request for voluntary assistance of counsel

Smith v. Heckler

595 F. Supp. 1173 · District Court, E.D. California · Jun 6, 1984

District of Illinois, Eastern Division, in confronting this issue: “Nothing in this basic statutory definition of disability suggests that claimants have to prove that they suffer from a ‘severe’ impairment in order to qualify … In their reply brief plaintiffs have clearly stated their position that the Secretary’s challenged rulings and regulations violate the mandate of the Ninth Circuit as expressed in such decisions as Rhodes v.

(PC) Arena v. Cervantes

District Court, E.D. California · Aug 11, 2021

complaint, or any portion thereof, is subject to dismissal if it is frivolous 25 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 26 relief from a defendant who is immune … Committee, 740 F.2d 670, 675 (9th Cir. 1 1984). 2 The injunctive relief Plaintiff is seeking, such placing camera throughout the institution 3 and establishing