Case law

(PC) Kjeldergaard v. Easmon

District Court, E.D. California · Jan 12, 2023

The court may, therefore, dismiss a claim as frivolous where it is based on an 2 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 3 490 U.S. at 327. … An authorized deprivation is one 9 carried out pursuant to established state procedures, regulations, or statutes. Piatt v. McDougall, 10 773 F.2d 1032, 1036 (9th Cir. 1985); see also Knudson v.

Jimmie Earl Jones, III v. Department of Corrections and Rehabilitation, et al.

District Court, E.D. California · Aug 14, 2026

complaint or portion thereof if the prisoner 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 … plaintiff 10 shall address how this Fourteenth Amendment claim differs from the Fourteenth Amendment 11 claims raised in claims one and two. 12 An equal protection claim may be established

(PC) Ramirez v. Director All Hospital

District Court, E.D. California · Apr 4, 2023

portion thereof if the prisoner has raised claims that are legally 8 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 9 “seek[] monetary relief against a defendant who is immune … However, the one significant 5 qualifier is that “the remedies must indeed be ‘available’ to the prisoner.” Id.

(PC) Ridgeway v. Doerer

District Court, E.D. California · Oct 3, 2024

Cal. 25 Jan. 25, 2022) (“Plaintiff's indigence does not qualify ‘as an exceptional circumstance in a 26 prisoner civil rights case’”); Gipbsin v. Kernan, No. 2:12-cv-0556 KJM DB P, 2021 WL 242570, 27 at *2 (E.D. … or portion thereof if the prisoner has 10 raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief 11 may be granted, or that seek monetary relief from a defendant who is immune

(PC) Navedo v. Doerer

District Court, E.D. California · Oct 3, 2024

Cal. 25 Jan. 25, 2022) (“Plaintiff's indigence does not qualify ‘as an exceptional circumstance in a 26 prisoner civil rights case’”); Gipbsin v. Kernan, No. 2:12-cv-0556 KJM DB P, 2021 WL 242570, 27 at *2 (E.D. … or portion thereof if the prisoner has 10 raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief 11 may be granted, or that seek monetary relief from a defendant who is immune

Young v. City of Visalia

687 F. Supp. 2d 1141 · District Court, E.D. California · Aug 18, 2009

Finally, the Visalia Defendants argue that the fourth cause of action is inappropriately pled because the allegations are conclusory, ignore principles of immunity, and assume without citation to any authority that the various … Although the allegations are in terms of “defendants,” some of the allegations clearly indicate an individual actor, e.g. “defendants ordered plaintiff ‘move and I’ll blow you head off .... ” Complaint at p. 10.

(PC) Hammler v. State of California

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

.) – Dismissed for failure to exhaust administrative remedies clearly on it’s 4 face. 5 Hammler v. … According to Defendants: 13 Plaintiff’s Complaint does not establish the requisite danger.

(PC) Calderon v. Covello

District Court, E.D. California · Oct 11, 2023

complaint or portion thereof if the prisoner has raised claims that are legally 7 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 8 monetary relief from a defendant who is immune … “The requisite causal 25 connection can be established by setting in motion a series of acts by others or by knowingly 26 refusing to terminate a series of acts by others, which the supervisor knew or reasonably should

(PC) Johnson v. Lozano

District Court, E.D. California · Jan 5, 2021

Generally 26 Section 1983 “provides a cause of action for the deprivation of any rights, privileges, or 27 immunities secured by the Constitution and laws of the … established law’.”

(PC) Michel v. Gipson

District Court, E.D. California · Oct 24, 2022

The court may, therefore, dismiss a claim as frivolous where it is based on an 4 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 5 490 U.S. at 327. … An 9 individual defendant is not liable on a civil rights claim unless the facts establish the defendant’s 10 personal involvement in the constitutional deprivation or a causal connection between the 11 defendant’s

Estate of Sherrano Stingley v. County of Sacramento

District Court, E.D. California · Mar 18, 2025

“The line between 2 ‘isolated or sporadic incidents’ and ‘persistent widespread conduct’ is not clearly delineated, 3 although where more than a few incidents are alleged, the determination appears to require a 4 fully-developed … As such, the Court analyzes Plaintiffs’ 28 ADA and Rehabilitation Act claims together. 1 Under both laws, Plaintiffs must establish the decedent: (1) had a disability; (2) was 2 qualified

Vang

District Court, E.D. California · Feb 20, 2026

portion thereof if the prisoner has raised claims that are legally 2 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 3 “seek[] monetary relief against a defendant who is immune … Castro, 28 621 F.3d 1196, 1202-03 (9th Cir. 2010) (finding no clearly established First, Eighth, or 1 | Fourteenth Amendment right to visitation) (citing cases); Armenta, 2018 WL 4612662, at *11 2 | (180 days in lost

Peterson

District Court, E.D. California · Mar 4, 2026

Motors 24 Acceptance Corp., 298 U.S. 178 (1936) and its progeny are controlling, while citing clearly 25 distinguishable Ninth Circuit case law – such as cases in the removal context (Doc. 88 at 8-9 26 citing Hertz, … Control Bd. is distinguishable from the present case in that (1) the cause of action was based partially on the federal constitutional doctrine of intergovernmental immunity (“IGI”) and (2) the Motion 25 to Dismiss

(PC) Perryman v. Baughman

District Court, E.D. California · Mar 8, 2021

The court may, therefore, dismiss a claim as frivolous where it is based on an 6 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 7 490 U.S. at 327. … 5 Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the 6 deprivation of any rights, privileges, or immunities

(PC) Webster v. Look

District Court, E.D. California · Dec 23, 2022

or portion thereof if the prisoner has 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 dismiss a claim as frivolous if it is based on an indisputably meritless legal 15 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327.

(PS) Selck v. Leibrock

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

ECF No. 1. 28 The complaint does not set forth clearly identified causes of action, but states in the middle of a 1 convoluted factual narrative that “Plaintiff is suing for violation of civil rights under Title 42 … Accordingly, Title 18 does not establish any private 6 right of action and cannot support a civil lawsuit. See Aldabe v.

Veronica S. Chapman v. TransUnion LLC; Goldman Sachs Bank USA

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

forma pauperis 24 proceeding, and must order dismissal of the case if it is “frivolous or malicious,” “fails to 25 state a claim on which relief may be granted,” or “seeks monetary relief against a 26 defendant who is immune … It is not immediately apparent to the Court whether these attachments establish a reasonable inference of unlawful conduct under section 1681i. 27 See Flores v. Missouri Higher Educ.

(PC) Alley v. Saelee

District Court, E.D. California · May 22, 2023

The court may, therefore, dismiss a claim as frivolous where it is based on an 18 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 19 490 U.S. at 327. … Plaintiff is advised that in an amended 5 complaint he must clearly identify each defendant and the action that defendant took that violated 6 his constitutional rights.

(PC) Oliver v. Tingley

District Court, E.D. California · Mar 7, 2022

with final authority to establish that policy.” … lite, ‘courts should be extremely cautious’ about 16 issuing a preliminary injunction and should not grant such relief unless the facts and law clearly

(PC) Wilson v. Doerer

District Court, E.D. California · Oct 3, 2024

Cal. 25 Jan. 25, 2022) (“Plaintiff's indigence does not qualify ‘as an exceptional circumstance in a 26 prisoner civil rights case’”); Gipbsin v. Kernan, No. 2:12-cv-0556 KJM DB P, 2021 WL 242570, 27 at *2 (E.D. … or portion thereof if the prisoner has 10 raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief 11 may be granted, or that seek monetary relief from a defendant who is immune