Case law
Opinions from 1658 to today.
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(PC) Woolery v. Shasta County Jail
District Court, E.D. California · Jun 7, 2021
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 … The court may, therefore, dismiss a claim as frivolous where it is based on an 19 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 20 490 U.S. at 327.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 28, 2021
or portion thereof if the prisoner has raised claims that are legally 9 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 10 monetary relief from a defendant who is immune … is cautioned that because he has suffered three strikes under § 1915(g), 23 his amended complaint “must reveal a nexus between the imminent danger it alleges and the 24 claims it asserts, in order for the litigant to qualify
Cited 0 timesUnknown(PC) Kern v. Sacramento County Main Jail
District Court, E.D. California · May 16, 2025
However, 13 plaintiff does not clearly identify this defendant in the caption of his FAC. Fed. R. Civ. … Finally, as to each potential John or Jane Doe defendant, plaintiff must establish 5 good cause for the early discovery.
Cited 0 timesUnknownMartinez-Sanchez v. Anthony Vineyards, Inc.
District Court, E.D. California · Dec 6, 2021
The evidence demonstrates that harvest fieldworkers require 15 equipment such as clippers and gloves during the harvest season for their work but does not clearly 16 establish whether Defendants provided equipment in … 19 “aggrieved employees” that made qualifying requests to inspect their employment records.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 4, 2021
E.g., Farmer, 511 U.S. at 847; Hearns, 413 F.3d at 1040. 8 To establish a violation of this duty, the prisoner must establish that prison officials were 9 “deliberately indifferent to a serious threat to the inmate … an original complaint, each claim and the involvement of each defendant must be sufficiently 12 alleged. 13 The Third Amended Complaint should be clearly
Cited 0 timesUnknownLos Molinos Mutual Water Co. v. Ekdahl
District Court, E.D. California · May 21, 2024
Sys. of Higher Educ., 616 F.3d 13 963, 967 (9th Cir. 2010). 14 The Supreme Court has established an important limitation on state sovereign immunity. 15 Va. … As with several of plaintiffs’ arguments presented in opposition to the pending motion, the court clearly rejected this 24 same argument in its Prior Order. (See Doc.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 28, 2022
with final authority to establish that policy.” … “In the simplest and most absolute of terms ... 24 prisoners [have a clearly established Eighth Amendment right] to be free from sexual abuse ...
Cited 0 timesUnknownNational Wildlife Federation v. Norton
306 F. Supp. 2d 920 · District Court, E.D. California · Feb 4, 2004
In addition to the mitigation lands purchased under the 0.5:1 ratio, the Plan requires the establishment of a Swainson’s Hawk preserve consisting of 200 contiguous acres to compensate for the loss of a nest tree within the … Formal agency rules announced after notice and comment clearly do receive full deference, while more informal agency determinations may not. See United States v.
Cited 12 timesPublishedDistrict Court, E.D. California · May 6, 2022
The one significant qualifier is that “the remedies must indeed be ‘available’ to the 1 prisoner.” Id. at 639. … Rodriguez v. 28 Cty. of Los Angeles, 891 F.3d 776, 792 (9th Cir. 2018). 1 Plaintiff explains that he suffered “intimidation by the sheriff deputies” and that the 2 “video footage . . . shows clearly
Cited 0 timesUnknownDistrict Court, E.D. California · May 2, 2022
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … This allegation does not state a claim for relief, because an individual defendant is not 11 liable under § 1983 unless the facts establish the defendant’s personal involvement in the 12 constitutional deprivation or
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 2, 2024
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.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 9, 2021
The court must a claim as frivolous where it is based on an indisputably meritless 14 legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. 15 A. … EXCESSIVE FORCE 8 In order to establish a claim for the use of excessive force in violation of the Eighth 9 Amendment, a plaintiff must establish that prison officials
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 8, 2020
To state a cognizable retaliation claim, Plaintiff must 2 establish a nexus between the retaliatory act and the protected activity. Grenning v. Klemme, 34 3 F.Supp.3d 1144, 1153 (E.D. … original complaint, each claim and the involvement of each defendant must be sufficiently 7 alleged. 8 The Second Amended Complaint should be clearly
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 8, 2022
Defendant Winters knew about the risks 6 to Plaintiff’s safety and clearly ignored the high potential for violence. … California’s 8 Government Claims Act establishes certain conditions precedent to the filing of a lawsuit against 9 a public entity. State v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 18, 2022
complaint or portion thereof if the prisoner 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 … An individual defendant is not liable on a civil 11 rights claim unless the facts establish the defendant’s personal involvement in the constitutional 12 deprivation or a causal connection between the defendant’s wrongful
Cited 0 timesUnknownRedick v. Lowe's Home Centers, LLC
District Court, E.D. California · Jul 29, 2021
Therefore, the one-year statute of limitations ran 3 on November 10, 2019, and Plaintiff did not file the original action until January 5, 2021, which is 4 clearly untimely. … June 20 2, 2021) (applying amendment retroactively without determination of legislative intent). 21 Accordingly, Defendant’s motion to dismiss based on absolute immunity is granted. 22 G.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 6, 2020
“The requisite causal connection may be established when an 8 official sets in motion a ‘series of acts by others which the actor knows or reasonably should 9 know would cause others to inflict’ constitutional harms.” … The amended complaint should be clearly and boldly 9 titled “First Amended Complaint,” refer to the appropriate case number, and be an original signed 10 under penalty of perjury.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 12, 2025
A plaintiff need not show intentional 21 discrimination to establish an ADA violation. Lentini v. … Id. 21 The ADAAG “establish[ ] the technical standards required for ‘full and equal enjoyment.’” 22 Id.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 3, 2021
To establish a claim of deliberate indifference arising from a delay in providing care, a 18 plaintiff must show that the delay was harmful. See Berry v. … The amended complaint should be clearly titled, in 5 bold font, “First Amended Complaint,” reference the appropriate case number, and be an original 6 signed under penalty of perjury.
Cited 0 timesUnknownLakeland Village Homeowners Ass'n v. Great American Insurance Group
727 F. Supp. 2d 887 · District Court, E.D. California · Jul 22, 2010
Plaintiff counters that Defendant’s argument violates the “fundamental grammatical ‘Rule of the Last Antecedent’ which requires that qualifying words or phrases be applied to the words immediately preceding them.” … A Maine District Court held “by or on behalf of its owner,” “clearly refers to the person committing the wrongful entry and not the person who occupies the room, dwelling, or premises.” U.S. Fidelity and Guar. Co. v.
Cited 5 timesPublished
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