Case law

Opinions from 1658 to today.

Filterscaed

6,306 results

1.98s

  • (PC) Johnson 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

    Cited 0 timesUnknown
  • (PC) Papazian 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

    Cited 0 timesUnknown
  • (PC) Davis v. Lynch

    District Court, E.D. California · Jun 2, 2023

    The court may, therefore, dismiss a claim as frivolous where 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. … Grievance Administrators 5 The existence of a prison grievance procedure establishes a procedural right only and 6 “does not confer any substantive right upon the inmates.”

    Cited 0 timesUnknown
  • (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

    Cited 0 timesUnknown
  • (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

    Cited 0 timesUnknown
  • (PC) White 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

    Cited 0 timesUnknown
  • (PC) Gonzalez 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

    Cited 0 timesUnknown
  • Gezo G. Edwards v. Disciplinary Hearing Offices

    District Court, E.D. California · Jan 22, 2026

    However, the BP-11 12 request clearly stated that a copy of the BP-10 appeal and response were not provided to Plaintiff. 13 The Central Office is covering up for the Regional Director by refusing to address my … If any rational reason exists to defer to Congress to establish a remedy, courts “may 18 not recognize a Bivens remedy.” Id.

    Cited 0 timesUnknown
  • (PC) Kile 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

    Cited 0 timesUnknown
  • 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

    Cited 0 timesUnknown
  • (HC) Smith v. Espinoza

    District Court, E.D. California · Jun 5, 2023

    Only Supreme Court precedent may constitute “clearly established 11 Federal law,” but courts may look to circuit law “to ascertain whether…the particular point in 12 issue is clearly established by Supreme Court precedent … of federal habeas 14 corpus relief if not forbidden by ‘clearly established Federal law,’ as laid out by the Supreme 15 Court.”

    Cited 0 timesUnknown
  • 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

    Cited 0 timesUnknown
  • Potts v. Hamilton

    334 F. Supp. 2d 1206 · District Court, E.D. California · Sep 8, 2004

    But the two statutes are clearly different. … Defendants have presented some evidence that the methods of qualifying for the credentials have been altered and that some of the substantive requirements have changed in minor ways.

    Cited 3 timesPublished
  • (PC) Jacques v. Macomber

    District Court, E.D. California · Sep 23, 2024

    “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 14 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … ECF No. 3. 10 “A plaintiff seeking a preliminary injunction must establish that [s]he is likely to succeed 11 on the merits, that [s]he is likely to suffer irreparable harm in the absence of

    Cited 0 timesUnknown
  • (PC) Carrion 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

    Cited 0 timesUnknown
  • (PC) Higgins-Vogt 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

    Cited 0 timesUnknown
  • (PC) Prewitt 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

    Cited 0 timesUnknown
  • 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

    Cited 0 timesUnknown
  • (PC) Van Gessel v. Moore

    District Court, E.D. California · Feb 25, 2020

    established constitutional right. … “[E]ven gross negligence is insufficient to establish a 14 constitutional violation.” Id. (citing Wood v.

    Cited 0 timesUnknown
  • (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

    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.