Case law

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  • Lopez v. City of Merced County

    District Court, E.D. California · Jul 2, 2021

    Plaintiff’s allegations of conduct engaged in by those other entities alone are clearly 15 insufficient to state a cognizable claim against defendant Merced County. 16 It is correct that the superior courts are … Council on Deafness, 812 F.2d at 25 1110 (“Judges are appointed by California’s governor, and their salaries are established and paid 26 by the State.”); Alexis v. County of Los Angeles, 698 F.

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  • (PC) Bishop v. Dodson

    District Court, E.D. California · Oct 23, 2020

    “[A] judge may dismiss [in forma pauperis] claims which are based on indisputably 4 meritless legal theories or whose factual contentions are clearly baseless.” Jackson v. … Cir. 2003) (holding that “an isolated incident of mail tampering is usually 7 insufficient to establish a constitutional violation.”); Smith v.

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  • (PC)Watkins v. Klein

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

    By establishing the existence of a serious medical need, a prisoner satisfies the 22 objective requirement for proving an Eighth Amendment violation. Farmer v. … Plaintiff is advised that in an amended 16 complaint he must clearly identify each defendant and the action that defendant took that violated 17 his constitutional rights.

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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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  • Red Lion Medical Safety, Inc. v. Ohmeda, Inc.

    63 F. Supp. 2d 1218 · District Court, E.D. California · Aug 6, 1999

    In June 1997, Ohmeda changed its parts and servicing policy and established the Qualified Independent Service Organization (“QISO”) program. … This is sufficient evidence to establish market power for purposes of § 1. Cf.

    Cited 4 timesPublished
  • Smith v. Community Hospital

    District Court, E.D. California · Aug 13, 2024

    While short, Plaintiff’s 20 complaint does not clearly state what happened, when it happened, and who was involved. 21 Without basic factual allegations, the Court cannot conclude that Plaintiff states a cognizable … Thus, Plaintiff's 20 complaint does not establish federal question jurisdiction. 21 3.

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  • (PC) Hosley v. Hill

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

    complaint or portion thereof if the prisoner has raised claims that are legally 5 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 6 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 10 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 11 490 U.S. at 327.

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  • (PC)Winfield

    District Court, E.D. California · Dec 15, 2025

    “In the simplest and most absolute of terms ... 5 prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse ....” 6 Schwenk, 204 F.3d at 1197. … Even gross 8 negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood 9 v.

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  • (HC) Jasso v. Matteson

    District Court, E.D. California · Jun 26, 2025

    18 . . . recent decisions”; otherwise, there is no clearly established Federal law for purposes of 19 review under AEDPA. … If no clearly established Federal law exists, the inquiry is at an 22 end and the Court must defer to the state court’s decision.

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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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  • 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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  • (PC) Taylor v. Leatherman

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

    complaint or portion thereof if the prisoner 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 … The court may, therefore, dismiss a claim as frivolous when it is based on an 13 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 14 490 U.S. at 327.

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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) Grzeslo v. Fisher

    District Court, E.D. California · Feb 9, 2022

    “The requisite causal 17 connection may be established when an official sets in motion a ‘series of acts by others which 18 the actor knows or reasonably should know would cause others to inflict’ constitutional 19 … Chandler, 303 F.3d 1039, 1052 (9th Cir. 2002). 27 Title II of the ADA states that “no qualified individual with a disability shall, by reason 28 of such disability, be excluded from participation in or be denied

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  • (PC) Ticer v. Ojeda

    District Court, E.D. California · Nov 2, 2021

    complaint or portion thereof if the prisoner has raised claims that are legally 2 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 3 monetary relief from a defendant who is immune … The amended complaint should be clearly and boldly 10 titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 11 under penalty of perjury.

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  • Christin v. Wal-Mart Associates, Inc.

    District Court, E.D. California · Sep 9, 2024

    This includes secure data 14 storage systems, established security policies, and security training for 15 employees, contractors and experts. … The parties may redact (1) information that is 19 privileged or protected from discovery as work product or by reason of any other 20 applicable privilege or immunity; (2) information subject to non-disclosure

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  • (PC) Whiteman v. Shasta County Jail

    District Court, E.D. California · Apr 5, 2024

    complaint or portion thereof if the prisoner has raised claims that are 26 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 27 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 3 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

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  • Parks v. Board of Trustees of the California State University

    813 F. Supp. 2d 1182 · District Court, E.D. California · Apr 25, 2011

    A plaintiff may establish a prima facie case by showing: (1) that he is a member of a protected class; (2) that he was qualified for his position and performing his jobs satisfactorily; (3) that he experienced adverse employment … To show pretext, a plaintiff can produce “either direct evidence, such as clearly sexist, racist, or similarly discriminatory statements or actions by the employer, or circumstantial evidence supporting an inference of retaliatory

    Cited 2 timesPublished
  • Albarran

    District Court, E.D. California · Nov 15, 2025

    At a minimum, Congress’ enactment of the Laken Riley Act, which 23 clearly contemplated that § 1226 applies generally to undocumented individuals who 24 have been living in the United States, would constitute Congressional … Petitioner has 23 thus established irreparable harm. 24 III.

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  • Bergeron v. Berry Petroleum Company, LLC

    District Court, E.D. California · Jan 21, 2025

    Additionally, workers who are “intimately involved with 3 the commerce (e.g., transportation) of the cargo” also qualify. … March 20, 6 2019) (“But under the contract, the parties clearly and unmistakably delegated this question to 7 the arbitrator.”).

    Cited 0 timesUnknown

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