Case law

Opinions from 1658 to today.

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  • (PC) Lamarque v. Barcus

    District Court, E.D. California · Oct 4, 2019

    1991) (“It is obduracy and wantonness, not 19 inadvertence or error in good faith, that characterize the conduct prohibited by the Cruel and 20 Unusual Punishments Clause, whether that conduct occurs in connection with establishing … The amended complaint should be clearly titled, in 5 bold font, “Second Amended Complaint,” reference the appropriate case number, and be an original 6 signed under penalty of perjury.

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  • (PC) Lokerson v. Tucker

    District Court, E.D. California · Apr 24, 2024

    To 26 establish a violation of this duty, a prisoner must “show that the officials acted with deliberate 27 indifference to threat of serious harm or injury to an inmate.” … Plaintiff is advised that in an amended complaint 24 he must clearly identify each defendant and the action that defendant took that violated plaintiff’s 25 constitutional rights.

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  • (PC) Turner v. Munoz

    District 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.

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  • (PC) Turner v. Byer

    District 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).

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  • Jose 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

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  • (PC) Gleason v. Bobbala

    District Court, E.D. California · Mar 30, 2020

    Lewis, 518 U.S. at 351-52, 354. 24 [A]n inmate cannot establish relevant actual injury simply by establishing that his prison’s law library or legal assistance program 25 … At this time, 2 therefore, plaintiff cannot show a likelihood of success on the merits much less that the law and 3 facts clearly favor his position.

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  • (PC) Garcia v. Macomber

    District Court, E.D. California · Aug 28, 2025

    All John Doe Defendants clearly 21 understood what was about to transpire because of their prior knowledge of the “green light” and 22 the fact that their institution radios had alerted/informed them that several groups … Retaliation is not established simply by showing adverse activity by a 16 defendant after protected conduct; rather, a plaintiff must show a nexus between the two. See 17 Huskey v.

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  • (PC)Milliken v. Alfaro

    District Court, E.D. California · Feb 28, 2022

    complaint or portion thereof if the prisoner has raised claims that are legally 1 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 2 monetary relief from a defendant who is immune … “The requisite causal connection may be 11 established when an official sets in motion a ‘series of acts by others which the actor knows or 12 reasonably should know would cause others to inflict’ constitutional harms

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  • (PC) Wilson v. Sherman

    District Court, E.D. California · Apr 10, 2024

    a ... policymaker possessed 12 with final authority to establish that policy.” … Further, he must establish evidence of 18 discriminatory intent. Washington v.

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  • (PS) Avila v. NewRez LLC

    District Court, E.D. California · Dec 10, 2024

    Here, Plaintiffs’ Complaint fails 21 to establish Defendants’ principal purpose is debt collection. See Schlegel v. … On the contrary, the Subject Property’s documents related to the Deed of Trust 26 and foreclosure documents clearly establish that all Defendants are engaged in 27 nonjudicial foreclosure proceedings on the Subject Property

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  • (PC) Sierra v. Covello

    District Court, E.D. California · Jan 6, 2025

    The court may dismiss a claim as frivolous if it is based on an indisputably meritless 20 legal theory or where the factual contentions are clearly baseless. … Plaintiff has been unable to remedy the defects in the claims and it clearly appears he is 2 unable to do so.

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  • (HC) Torres v. Houston

    District Court, E.D. California · Sep 27, 2021

    Thus, extrapolations of settled law to unique situations will not qualify as 11 clearly established. See, e.g., Carey v. … uniformed guards does not 14 qualify as clearly established law when spectators’ conduct is the alleged cause of bias injection). 15 The established Supreme Court authority reviewed must be a pronouncement on constitutional

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  • Williams v. Carrillo

    District Court, E.D. California · Dec 10, 2021

    Columbia, subjects, or causes to be subjected, any citizen of the 9 United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The amended complaint should be clearly and boldly titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 8 under penalty of perjury.

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  • Chavez

    District Court, E.D. California · Jan 5, 2026

    In any amended complaint, Plaintiff should clearly state whether he was a pretrial detainee or a 1 (1) Sergeant G. … An equal protection claim may be established by 16 showing that defendants intentionally discriminated against a plaintiff based on his membership 17 in a protected class, Comm. Concerning Cmty. Improvement v.

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  • (PC) Light v. County of Fresno

    District Court, E.D. California · Feb 27, 2025

    any cognizable claims and 2 dismiss the complaint, or any portion, if is frivolous or malicious, if it fails to state a claim upon 3 which relief may be granted, or if it seeks monetary relief from a defendant who is immune … Regardless of whether the dismissal was with or without prejudice, a dismissal for failure to state a claim qualifies as 28 a strike under § 1915(g). Lomax, 140 S.

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  • (PC) Garces v. Gamboa

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

    “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 5 monetary relief from a defendant who is immune … Abbey, 263 F.3d 1070, 1074-75 (9th Cir. 2001) (en banc) 8 (“[T]here is a clearly established constitutional due process right not to be subjected

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  • Jordany Samy Joseph v. Warden of the Golden State Annex, et al.

    District Court, E.D. California · Jun 11, 2026

    Lauderdale, 3 Florida, as a nonimmigrant on November 1, 2023, and was released on parole through the 4 Cubans, Haitians, Nicaraguans and Venezuelans (“CHNV”) Parole Program which offered 5 humanitarian parole for qualifying … Feb. 18, 16 2026), and that he was entitled to TPS benefits (including immunity from detention) until a final 17 determination regarding eligibility is made on his TPS application.

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  • Sanders v. JD Home Rentals

    District Court, E.D. California · Jun 8, 2022

    “The requisite causal connection 11 may be established when an official sets in motion a ‘series of acts by others which the actor knows 12 or reasonably should know would cause others to inflict’ constitutional harms … The amended complaint should be clearly titled “First Amended 10 Complaint,” refer to the appropriate case number, and be an original signed under penalty of 11 perjury.

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  • (PC) O'Brien v. Reed

    District Court, E.D. California · Nov 18, 2022

    Thus, “courts considering a prisoner’s claim must ask: 1) if 22 the officials acted with a sufficiently culpable state of mind; and 2) if the alleged wrongdoing was 23 objectively harmful enough to establish a constitutional … Americans with Disabilities Act (“ADA”) and Rehabilitation Act (“RA”) 19 The ADA provides, “no qualified individual with a disability shall, by reason of such 20 disability, be excluded from participation in or be

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  • (PC) Christopher Lipsey v. Edmund Brown, Jr

    District Court, E.D. California · May 19, 2020

    The court may, therefore, dismiss a claim as frivolous where it is based on an 26 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 27 490 U.S. at 327. … Though the Governor may be generally 4 responsible for executing and enforcing the laws of the State of California, this does not establish 5 the “requisite connection to enforcement” needed to overcome sovereign immunity

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