Case law

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  • (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
  • 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) Abiel v. Jones

    District Court, E.D. California · May 17, 2023

    The court may, therefore, dismiss a claim as frivolous where it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 U.S. at 327. … Grievance Personnel 28 The existence of a prison grievance procedure establishes a procedural right only and 1 “does not confer any substantive right upon the inmates.”

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  • (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

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  • Estate of Gabriel Strickland v. Nevada County

    District Court, E.D. California · Apr 1, 2022

    City of 24 9 The Court need not address Defendants’ alternate argument that they were entitled to qualified 25 immunity. … “To establish negligence, a 23 party must prove the following: (a) a legal duty to use due care; (b) a breach of such 24 legal duty; (c) the breach as the proximate or legal cause of the resulting injury.” 25 Hernandez

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  • (PC) Wilson v. Franceschi

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

    Id. 1 Plaintiff claims that he qualifies as a protected class member of Coleman v. 2 Newsom because of his bipolar disorder and PTSD. Id. at 3. … Murphy, 844 F.2d 628, 634 (9th Cir. 1988). 1 Plaintiff has not alleged facts to establish a causal connection between any of the 2 Defendants and a constitutional violation.

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  • (PC) Williams v. Benavidez

    District Court, E.D. California · Jun 30, 2023

    complaint or portion thereof if the prisoner raised claims that are legally 10 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 11 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 15 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 16 490 U.S. at 327.

    Cited 0 timesUnknown
  • Chea v. Lite Star ESOP Committee

    District Court, E.D. California · Feb 20, 2025

    Except as otherwise provided in this Order 3 or as otherwise stipulated or ordered, discovery material and information that qualify for 4 protection under this Order must be clearly so designated before the … A Challenging Party 12 may proceed to the next stage of the challenge process only if it has engaged in this meet and 13 confer process first or establishes that the Designating Party is unwilling to participate in the

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

    District Court, E.D. California · Oct 18, 2019

    Disability Benefits 24 To qualify for benefits under the Social Security Act, Plaintiff must establish she is unable to 25 engage in substantial gainful activity due to … The burden of proof is on a claimant to establish disability. Terry v. 5 Sullivan, 903 F.2d 1273, 1275 (9th Cir. 1990).

    Cited 0 timesUnknown
  • (PC) Eleby v. Voong

    District Court, E.D. California · Apr 20, 2020

    or portion thereof if the prisoner has raised claims that are legally 14 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 15 monetary relief from a defendant who is immune … “[M]andatory exhaustion statutes like the PLRA establish 2 mandatory exhaustion regimes, foreclosing judicial discretion.”

    Cited 0 timesUnknown
  • (HC) Hicks v. Burton

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

    For purposes of applying § 2254(d)(1), “clearly established federal law” 16 consists of holdings of the United States Supreme Court at the time of the last reasoned state court 17 decision. Greene v. … Circuit court precedent “‘may be 19 persuasive in determining what law is clearly established and whether a state court applied that 20 law unreasonably.’” Stanley, 633 F.3d at 859 (quoting Maxwell v.

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  • (PC) Latu v. Mc Fadden

    District Court, E.D. California · Dec 30, 2022

    The very 8 obviousness of the risk may suffice to establish the knowledge element. See Wallis v. Baldwin, 9 70 F.3d 1074, 1077 (9th Cir. 1995). … A prison official’s denial of an inmate appeal does not qualify as a constitutional 26 violation. See id.

    Cited 0 timesUnknown
  • Taiarol

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

    performing this screening function, the court must dismiss any claim that “(1) is frivolous, 2 malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief 3 from a defendant who is immune … “[T]here is a clearly 11 established constitutional due process right not to be subjected to criminal charges on the basis of 12 false evidence that was deliberately fabricated by the government.” Devereaux v.

    Cited 0 timesUnknown
  • (PC) Martin v. Huckabay

    District Court, E.D. California · Aug 26, 2022

    They are absolutely immune from liability for 18 punitive damages under § 1983, however. See City of Newport v. … The Eighth 9 Amendment right to food was clearly established as of at least 2001 . Foster v. Runnels, 554 F.3d 10 807, 815 (9th Cir. 2009).

    Cited 0 timesUnknown
  • Nawabi v. Cates

    District Court, E.D. California · Sep 26, 2019

    Plaintiff’s Eighth 24 Amendment conditions of confinement claim was dismissed without leave to amend on the 25 ground of qualified immunity and Plaintiff was granted leave to amend his Eighth Amendment 26 claim alleging … Counsel has complied with the requirements to notify 27 Plaintiff of the withdrawal and has taken steps to avoid any prejudice to Plaintiff due to the 1 The Court finds that counsel has established good cause

    Cited 0 timesUnknown
  • (PC) Hearne v. Farhat

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

    The court may, therefore, dismiss a claim as frivolous where it is based on an 17 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 18 490 U.S. at 327. … By establishing the existence of a serious medical need, a prisoner satisfies the 26 objective requirement for proving an Eighth Amendment violation. Farmer v.

    Cited 0 timesUnknown
  • (HC) Booker v. Superior Court of the State of California

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

    established law. … For federal 10 law to be clearly established, the Supreme Court must provide a “categorical answer” to the 11 question before the state court.

    Cited 0 timesUnknown
  • (PC) Elliott v. Herrera

    District Court, E.D. California · Apr 14, 2023

    The court may, therefore, dismiss a claim as frivolous where 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. … The right to adequate food is clearly established. Foster v. 6 Runnels, 554 F.3d 807, 815 (9th Cir. 2009) (citing Farmer v.

    Cited 0 timesUnknown
  • (PC) Sanford v. Eaton

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

    by a...policymaker possessed 19 with final authority to establish that policy.” … Plaintiff has failed 8 to “demonstrate that his deprivation resulted from an official policy or custom established by 9 a...policymaker possessed with final authority to establish that policy.”

    Cited 0 timesUnknown

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