Case law
Opinions from 1658 to today.
6,306 results
1.19s
District Court, E.D. California · May 13, 2020
Because Plaintiff’s Complaint does not clearly and 2 succinctly state what happened, Plaintiff shall be granted leave to amend the Complaint. … To comply with Rule 8, Plaintiff must clearly and succinctly set forth his 5 allegations, preferably in a chronological order.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 16, 2021
Plaintiff was interviewed by defendant 21 Maurice Howard for an appeal and defendant Howard attempted to qualify that the sun had set 22 at an appropriate time for Plaintiff to break his fast. … The amended complaint should be clearly and boldly 14 titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 15 under penalty of perjury.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 30, 2020
California, 422 U.S. 806 (1975), upon which the Ninth 10 Circuit relied, did not clearly establish such a right for habeas corpus purposes: 11 … That question cannot be resolved here, however, as it is clear 15 that Faretta does not, as § 2254(d)(1) requires, “clearly establis[h]” the
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 27, 2021
However, courts may look to circuit law “to ascertain 16 whether . . . the particular point in issue is clearly established by Supreme Court precedent.” 17 Marshall v. … Rodgers, 569 U.S. 58, 64 (2013). 18 A state court decision is “contrary to” clearly established federal law if the decision 19 “contradicts the governing law set forth in [Supreme Court]
Cited 0 timesUnknown(PS) Bridgeman v. San Joaquin Child Protective Services
District Court, E.D. California · Nov 1, 2019
IFP statute requires federal courts to dismiss a case if the action is legally 25 “frivolous or malicious,” fails to state a claim upon which relief may be granted, or seeks 26 monetary relief from a defendant who is immune … Kurtzman, 403 U.S. 602, 19 (1971), the Supreme Court established the now widely known “Lemon test” for analyzing 20 government conduct under the Establishment Clause of the First Amendment.
Cited 0 timesUnknownWilliams v. Fresno County Department of Child Support Services
District Court, E.D. California · Apr 21, 2021
The Court will grant Plaintiff leave to amend his complaint so that he can state his claims 24 more clearly. … If Plaintiff elects to amend his complaint, he must allege facts 2 establishing the existence of subject matter jurisdiction to proceed in federal court. 3 2.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 11, 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 … 9 Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation 10 of any rights, privileges, or immunities
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 5, 2025
Defendants also argue they are entitled to 8 qualified immunity. 9 Speech is protected under the First Amendment, unless it falls under one of a few 10 narrowly … BOONE 24 United States Magistrate Judge 25 26 27 28 | 5 In light of this finding, the Court does not reach the issue of qualified immunity.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 15, 2021
Mere negligence on the part of a prison official is not sufficient to 1 establish liability, but rather, the official's conduct must have been wanton. Farmer, 511 U.S. at 2 835; Frost v. … The amended complaint should be clearly titled, in 14 | bold font, “First Amended Complaint,” reference the appropriate case number, and be an original 15 | signed under penalty of perjury.
Cited 0 timesUnknown595 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.
Cited 12 timesPublished(PC) Petillo v. Department of Health
District Court, E.D. California · Nov 19, 2024
Moreover, to the extent he is 28 attempting to state claims for relief against the state health department or the California 1 Department of Corrections and Rehabilitation, these entities are immune from suit. … A 12 showing of merely negligent medical care is not enough to establish a constitutional violation. 13 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.
Cited 0 timesUnknown(PC) Youngblood v. Solano County Jail
District Court, E.D. California · Nov 7, 2024
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. … If plaintiff files an amended complaint, plaintiff 12 shall clarify whether he was seen at defendant Sutter Hospital on an emergency basis. 13 In addition, in order to establish liability under Monell, “a plaintiff
Cited 0 timesUnknownNanthavong 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.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 17, 2021
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … The fact that plaintiff had 1 visible marks from the handcuffs also does not suffice to establish that Gonzalez acted 2 sadistically and maliciously for the purpose of causing plaintiff harm.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 30, 2026
Defendants argue this testimony contradicts Plaintiffs’ argument in the 17 opposition papers that Coyle did not understand the past incidents to qualify as crimes. (Id.). 18 II. … (Id.). 16 These events clearly qualify as crimes that occurred or had been attempted on the 17 premises within the last 3 years. See, e.g., CA Pen.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 2, 2019
Wolff v. 23 McDonnell, 418 U.S. 539, 576 (1974) (stating that, in order to qualify as legal mail, the mail must 24 be “specially marked as originating from an attorney”); Hayes, 849 F.3d at 1211 (stating that 25 prisoner … To establish a conspiracy, 6 Plaintiff allege specific facts showing “an agreement or meeting of the minds to violate 7 constitutional rights.
Cited 0 timesUnknown(PC)Quiroga v. Gang & Narcotics Task Forces
District Court, E.D. California · May 4, 2020
Plaintiff has clearly not pled any allegations 5 demonstrating that he faced imminent danger of serious physical injury at the time Plaintiff filed … Colorado, 157 F.3d 1226, 1231–32 (10th Cir. 7 1998) (stating that “vague and utterly conclusory assertions” of harm are insufficient to establish
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 14, 2020
Plaintiff states he 21 4 The motion also raised two other arguments (including one for qualified immunity) based on the video evidence that the court declines to consider. … See Sanford, 258 F.3d at 1119 (noting that, in invoking 21 Heck, it is the defendant’s burden to establish the basis of that defense).
Cited 0 timesUnknownJose G. Castro-Urdiales and Lucia R. Matallana v. LoanCare, LLC and Lakeview Loan Servicing, LLC
District Court, E.D. California · Mar 25, 2026
The 23 complaint does not clearly connect factual allegations to violations of law, or violations of law to 24 actual injuries suffered. … standing and 10 clearly alleges facts to support their legal claims. 11 The amended complaint must allege facts establishing the standing by alleging an actual 12 or imminent injury that is fairly
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 28, 2021
If Plaintiff elects to amend his complaint, he 21 must clearly and succinctly state what happened, when it happened and who was involved. … possessed with final authority to establish that policy.”
Cited 0 timesUnknown
Ask Donna