Case law

(PS) School v. Rodrigues

District Court, E.D. California · Sep 9, 2020

case at any time if it determines that 23 the allegation of poverty is untrue, or that the action is frivolous or malicious, fails to state a claim 24 on which relief may be granted, or seeks monetary relief against an immune … Should plaintiff choose 24 to file an amended complaint, it shall clearly set forth the allegations that support each claim for 25 relief.

(HC) McLaughlin v. Ndoh

District Court, E.D. California · May 2, 2024

Only Supreme Court precedent may constitute “clearly established 6 Federal law,” but courts may look to circuit law “to ascertain whether . . . the particular point in 7 issue is clearly established by Supreme Court precedent … The question at this stage is whether the state court 18 reasonably applied clearly established federal law to the facts before it. Id. at 181-82.

LPOD, Inc. v. Kinder Morgan Liquids Terminals LLC

District Court, E.D. California · Mar 31, 2025

Under California law, a material may qualify as “retrograde material” if it is “banned by 8 law, regulation, ordinance, or decree.” Cal. Health & Safety Code § 25121.5. … The prior discovery documents plaintiffs now point to did not clearly and 3 || unequivocally make any such allegation.

(SS) McCormick v. Commissioner of Social Security

District Court, E.D. California · Jun 27, 2024

Additionally, “an 11 ALJ may find that a claimant lacks a medically severe impairment or combination of impairments 12 only when their conclusion is ‘clearly established by medical evidence.’” Webb v. … (AR 27.) 15 Viewing the record as a whole, the medical evidence in this case does not “clearly establish” 16 that Plaintiff lacks a medically severe mental impairment

(PC) Johnson v. Agarwal

District Court, E.D. California · Jan 13, 2025

claim for violation of Title II of the ADA, 10 a plaintiff must allege four elements: 11 (1) [H]e is an individual with a disability; (2) he is otherwise qualified … “[I]nsofar as Title II [of the ADA] creates a private cause of action for damages against 7 the States for conduct that actually violates the Fourteenth Amendment, Title II validly abrogates 8 state sovereign immunity

Andrews

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

“Section 1226(a), therefore, establishes a discretionary detention 14 framework.” Lopez Benitez, 2025 WL 2371588, at *3 (internal citations omitted). … “Such an undefined and subjective 28 standard clearly creates a likelihood of arbitrary and capricious application.” Herrera, 2025 WL 1 2581792, at *10.

Allen v. Summit

District Court, E.D. California · May 17, 2024

dismiss a case at any 23 time if the Court determines the complaint “(i) is frivolous or malicious; (ii) fails to state a claim 24 on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … 11, 2018), review denied (June 13, 2018) (holding 22 that the tolling provision in section 352.1 does not apply during the time a plaintiff spent in a 23 county jail because pretrial custody in a county jail does not qualify

(PC) Adkins v. Ditomas

District Court, E.D. California · Aug 15, 2023

The Court must dismiss a complaint or 24 portion thereof if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief can 25 be granted; or (3) seeks monetary relief from a defendant who is immune … Nonetheless, while the court has clearly 4 stated that one of the “basic elements” of a First Amendment retaliation claim is that the adverse 5 action “chilled the inmates exercise of his First Amendment rights,” id.

(PC) Puckett v. Heath

District Court, E.D. California · May 16, 2022

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. … A 6 showing of merely negligent medical care is not enough to establish a constitutional violation. 7 Frost v. Agnos, 152 F.3d 1124, 1130 (9th Cir. 1998), citing Estelle, 429 U.S. at 105-106.

Rose v. Cemex Construction Materials Pacific, LLC

District Court, E.D. California · Jan 26, 2024

“By 8 its terms, therefore . . . section 510 does not apply to an 9 employee who is subject to a qualifying CBA.” … CBA from the protections of section 510, claims under 2 section 510 are completely preempted when there is a qualifying 3 CBA.

Patino v. County of Merced

District Court, E.D. California · Mar 3, 2020

Chung, 391 F.3d 1051, 1060 (9th Cir. 2004) (“A showing of medical malpractice or 27 negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.”). 28 “A difference of opinion between … In these circumstances, he would be entitled to qualified immunity.” 14 Id. 15 B.

(PC) Greschner v. CDCR

District Court, E.D. California · Aug 23, 2019

List, 880 F.2d 1040, 1045 (9th Cir. 1989) (“The Nevada 22 Department of Prisons, as a state agency, clearly was immune from suit under the Eleventh 23 Amendment.”) (citing Pennhurst State School and Hosp. v. … The same linkage requirement applies to 10 potential supervisorial defendants, who are only liable if personally involved in the alleged 11 constitutional violation or if the factual allegations establish a “sufficient

(PC) Calloway v. CDCR

District Court, E.D. California · Aug 13, 2021

Plaintiff apparently seeks to establish that these defendants had a sufficient 26 3 Plaintiff frequently uses terms like “clott off,” “clotting, … Plaintiff should clearly address the defects that the Court 17 identified in its prior order.

(PC) Carroll v. Vallejo Police Department

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

E.g., Farmer, 511 U.S. 21 at 847; Hearns, 413 F.3d at 1040. 22 To establish a violation of this duty, the prisoner must establish that prison officials were 23 “deliberately … the request for appointment of counsel likewise be denied. 28 1 If Plaintiff chooses to file a Second Amended Complaint, Plaintiff must clearly

Castro v. Clovis Unified School District

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

Here, plaintiff’s speech falls even more clearly within the reach of school regulation considering that the conduct took place on- 28 campus. … Thus, the evidence on summary judgment clearly establishes that 5 plaintiff was on notice both that his actions violated school policy and could result in him losing 6 the privilege to walk at graduation.

(PC) Valenzuela v. Santiesteban

District Court, E.D. California · Oct 1, 2020

“In the simplest and most absolute of 25 terms . . . prisoners [have a clearly established Eighth Amendment right] to be free from sexual 26 abuse . . . .” Schwenk, 204 F.3d at 1197. … To 16 establish a failure to protect claim, the prisoner must establish that prison officials were 17 deliberately indifferent to a sufficiently serious threat to the prisoner’s safety. Farmer v.

Garcia v. Walmart Inc.

District Court, E.D. California · Jul 14, 2025

(3) If such 5 information has been disclosed to persons not qualified pursuant to paragraph(s) (14-15) below, the 6 party who disclosed such information shall (a) take reasonable efforts to retrieve previously disclosed … This includes secure data storage systems, established security policies, 12 and security training for employees, contractors and experts.

(HC) Williams v. Diaz

District Court, E.D. California · Aug 20, 2019

Accordingly, Petitioner fails to establish that the 7 state court’s determination was contrary to or an unreasonable application of clearly established 8 federal law. 28 U.S.C. § 2254(d). … Legal Standard 16 The law on sufficiency of the evidence is clearly established by the United States Supreme 17 Court.

Dahl v. Secretary of the United States Navy

830 F. Supp. 1319 · District Court, E.D. California · Aug 30, 1993

This Committee, however, based its recommendation on “the opinions of those best qualified to know, namely, the intelligence agencies of the Government.” … can overcome all of the problems ... by ordering ... military leaders at all levels to “institute training for all personnel on the acceptance of homosexuals ...,” even when a large number of the leaders and troops have clearly

(HC) Barrientos v. Ndoh

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

Further, where courts of appeals have diverged in their treatment of an issue, it cannot be said 4 that there is “clearly established Federal law” governing that issue. Carey v. … established federal law.