Case law

Opinions from 1658 to today.

Filterscaed

6,306 results

0.93s

  • (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.

    Cited 0 timesUnknown
  • (PC) Diaz v. Lynch

    District Court, E.D. California · Oct 7, 2021

    The court may, therefore, dismiss a claim as frivolous when it is based on an 16 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 17 490 U.S. at 327. … Cal., Mar. 29, 2010) (“[A] prisoner has no constitutionally guaranteed 20 immunity from being falsely or wrongly accused of conduct which may result in the deprivation 21 of a protected liberty interest.

    Cited 0 timesUnknown
  • (PS) De La Cruz v. Nangle

    District Court, E.D. California · Oct 28, 2024

    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 … In reviewing a complaint under this standard, the 13 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 14 are clearly baseless or fanciful, (2) construe those allegations

    Cited 0 timesUnknown
  • (PC) Hamilton v. Ables

    District Court, E.D. California · May 18, 2023

    The court may, therefore, dismiss a claim as frivolous where it is based on an 21 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 22 490 U.S. at 327. … To establish a claim for excessive force, the plaintiff must show 16 that the officer applied the force maliciously and sadistically to cause harm rather than in a good- 17 faith effort to maintain or restore discipline

    Cited 0 timesUnknown
  • 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

    Cited 0 timesUnknown
  • (HC) Harrington v. Ciolli

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

    existence but which has only recently been seized upon, and . . . a theory which has 3 been argued thoroughly and rejected in the past but which now has been accepted for the first 4 time” with “[t]he latter situation clearly … Therefore, the 5 Court finds that Petitioner has not established that he “never had an ‘unobstructed procedural 6 shot’ at presenting this claim.”

    Cited 0 timesUnknown
  • (PC) Vanzuylen v. Ribera

    District Court, E.D. California · Jul 31, 2020

    “frivolous or malicious,” that fail to state a claim upon which relief may be 21 granted, or that seek monetary relief from a defendant who is immune … Plaintiff's reference to common knowledge is insufficient 25 to establish these critical facts.

    Cited 0 timesUnknown
  • (HC) Dias v. Fisher

    District Court, E.D. California · Sep 17, 2021

    Circuit court precedent “‘may be 3 persuasive in determining what law is clearly established and whether a state court applied that 4 law unreasonably.’” Stanley, 633 F.3d at 859 (quoting Maxwell v. … If courts of appeals have diverged in their treatment of an issue, then it 11 cannot be said that there is “clearly established Federal law” governing that issue.

    Cited 0 timesUnknown
  • Fuentes

    District Court, E.D. California · Dec 1, 2025

    forma pauperis 23 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to 24 state a claim on which relief may be granted,” or “seeks monetary relief against a 25 defendant who is immune … In 2 reviewing a complaint under this standard, the court accepts as true the factual 3 allegations contained in the complaint, unless they are clearly baseless or fanciful, and 4 construes those allegations in the

    Cited 0 timesUnknown
  • (SS) Guzman v. Commissioner of Social Security

    District Court, E.D. California · Sep 18, 2020

    Heckler, 760 F.2d 993, 995 (9th Cir. 1985). 16 DISABILITY BENEFITS 17 To qualify for benefits under the Social Security Act, Plaintiff must establish she is unable … could perform light 7 work without any additional restrictions. 8 Because no physician reviewed the MRI results or the clinical findings from the examinations 9 after 2015, the ALJ clearly

    Cited 0 timesUnknown
  • (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

    Cited 0 timesUnknown
  • (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.

    Cited 0 timesUnknown
  • Byrd

    District Court, E.D. California · Dec 11, 2025

    Designations that are shown to be clearly 21 unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard 22 the case development process or to impose unnecessary expenses and … A Challenging Party may proceed to the next stage of the challenge process only 2 if it has engaged in this meet and confer process first or establishes that the Designating Party is 3 unwilling to participate in the

    Cited 0 timesUnknown
  • (PC) Underwood v. Mayes

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

    Id. at 323. 24 If the moving party meets its initial responsibility, the burden then shifts to the opposing 25 party to establish that a genuine issue as to any material fact actually does exist. … In Galvan, the Ninth Circuit held that the defendant was not entitled to qualified 17 immunity for removing the plaintiff’s teeth without his consent because “[e]xisting precedent at 18 the time of the procedure placed

    Cited 0 timesUnknown
  • (PC) Quair v. CDCR HQ

    District Court, E.D. California · Jan 29, 2020

    Mere negligence is not sufficient to establish an 4 unconstitutional denial of access to the courts. See Stevenson v. … Cty. of Orange, 526 F.3d 1190, 1214–15 (9th Cir. 2008). 14 “To establish a violation of Title II of the ADA, a plaintiff must show that (1) [he] is a 15 qualified individual with a disability; (2) [he] was excluded

    Cited 0 timesUnknown
  • Bishop v. Petro-Chemical Transport, LLC

    582 F. Supp. 2d 1290 · District Court, E.D. California · Jul 17, 2008

    The representation is “adequate” if the attorney representing the class is qualified and competent and the class representatives are not disqualified by interests antagonistic to the remainder of the class. Lerwill v. … Goodyear Tire and Rubber Co., 504 F.Supp. 544 (E.D.Tex.1980) held tiiere was an interruption in the "practical continuity” when a product clearly came to rest instate and was refined and changed by chemical processing.

    Cited 11 timesPublished
  • (PC) Rood v. Shasta County Jail Medical Staff

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

    Plaintiff claims that defendants Mason, Von German, and Decker1 retaliated against him 17 for filing a grievance in violation of the First Amendment. 18 A viable First Amendment claim for retaliation must establish … In an amended complaint plaintiff must clearly identify each 1 defendant and the action that defendant took that violated his constitutional rights.

    Cited 0 timesUnknown
  • RLC Industries Co. v. Liberty Ins. Co.

    District Court, E.D. California · Nov 21, 2023

    Except as otherwise provided in this Order, or 11 as otherwise stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 12 under this Order must be clearly so designated before the material … This 17 provision is not intended to modify whatever procedure may be established in an e-discovery order 18 that provides for production without prior privilege review.

    Cited 0 timesUnknown
  • (PS) Bergum v. Sacramento County DHHS

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

    the case at any time if it determines the 24 allegation of poverty is untrue, or if the action is frivolous or malicious, fails to state a claim on 25 which relief may be granted, or seeks monetary relief against an immune … Should plaintiff choose to 6 file an amended complaint, the amended complaint shall clearly set forth the allegations against 7 defendant and shall specify a basis for this court’s subject matter jurisdiction.

    Cited 0 timesUnknown
  • (PC) Wilson v. Castro

    District Court, E.D. California · Aug 29, 2024

    Cal. 2023). 1 which relief may be granted, or if it seeks monetary relief from a defendant who is immune from 2 such relief. … “To establish a violation of [Section] 504 of the RA, a plaintiff 26 must show that (1)[he] is handicapped within the meaning of the RA; (2)[he] is otherwise 27 qualified for the benefit or services sought; (3)[he] was

    Cited 0 timesUnknown

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.