Case law

(SS) Madrid v. Commissioner of Social Security

District Court, E.D. California · Apr 6, 2023

“[A]n ALJ may find that a 10 claimant lacks a medically severe impairment or combination of impairments only when his 11 conclusion is ‘clearly established by medical evidence.’ ” Webb v. … “Thus, applying our normal standard of review to the requirements of 15 step two, we must determine whether the ALJ had substantial evidence to find that the medical 16 evidence clearly established that [the claimant]

Campbell

District Court, E.D. California · Mar 10, 2026

A decision is “contrary 14 to” clearly established federal law if the state court either: (1) applied a rule that contradicts the 15 governing law set forth by Supreme Court case law; or (2) reached a different result … (Id.). 21 At the outset, Ali does not qualify as clearly established federal law. Regardless, it does 22 not stand for the proposition Petitioner suggests.

(SS) Sepulveda v. Commissioner of Social Security

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

A 13 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 14 proof from step one through step four. 15 Before making the step four … An ALJ can 3 only find that claimant’s impairments or combination of impairments are not severe when his 4 conclusion is clearly established by medical evidence. Webb v.

(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.

Gacutan

District Court, E.D. California · Feb 10, 2026

Plaintiff is able to prepare and file documents 11 clearly setting forth his contentions, without assistance from counsel. … Hartford, 204 F.3d 1187, 1197 (9th Cir. 2000) (“In the simplest and most absolute of terms . . . 5 prisoners [have a clearly established Eighth Amendment right] to be free from sexual 6 abuse . . . .”).

(PS) Ghafoori v. Pettus

District Court, E.D. California · Jul 30, 2025

In reviewing a complaint under this standard, the 20 court will (1) accept as true all of the factual allegations contained in the complaint, unless they 21 are clearly baseless or fanciful, (2) construe those allegations … Because plaintiff has not 3 established an interference or attempted interference with a legal or constitutional right, he cannot 4 establish a Bane Act Claim.

(PC)Blanton

District Court, E.D. California · May 15, 2026

a ... policymaker possessed 21 with final authority to establish that policy.” … Id. 3 Inmates do not have a clearly established constitutional right to receive visits, in particular contact visits. Dunn v.

(PC) Gomez v. CDCR

District Court, E.D. California · May 18, 2021

or portion thereof if the prisoner has raised claims that are legally 18 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 19 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 23 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 24 490 U.S. at 327.

(PC) Ruiz v. Woodfill

District Court, E.D. California · Jul 24, 2020

or portion thereof if the prisoner has raised claims that are legally 23 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 24 monetary relief from a defendant who is immune … In order to frame a claim of a denial of the right to access the courts, a prisoner must 17 establish that he has suffered “actual injury,” a jurisdictional requirement derived from the 18 standing doctrine.

(PC) Sosa v. Foulk

District Court, E.D. California · Apr 10, 2020

period, defendants’ failure to 6 provide him with one does not violate clearly established statutory or constitutional rights of 7 which a reasonable person would have known. … Fitzgerald, 457 U.S. 800, 818 (1982). 8 Consequently, defendants Foulk, Fleetwood, Hanks, Nicholas and Laguna-Griffin have qualified 9 immunity with respect to this claim. See Harlow, 457 U.S. at 818.

Galloway

District Court, E.D. California · Feb 12, 2026

complaint, or any portion thereof, is subject to dismissal if it is frivolous 16 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 17 relief from a defendant who is immune … Even gross 11 negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood 12 v.

(HC) Smith v. Lizzaraga

District Court, E.D. California · Feb 18, 2021

For federal 6 law to be clearly established, the Supreme Court must provide a “categorical answer” to the 7 question before the state court. … Petitioner does not show the state court decision violated or 17 unreasonably applied clearly established Supreme Court precedent.

(PC) Nguyen v. Givens

District Court, E.D. California · Sep 4, 2020

To establish a violation of a prison 8 official’s duty to take reasonable steps to protect inmates from physical abuse, the prisoner must 9 establish that prison officials were “deliberately indifferent” to serious threats … The complaint must clearly set forth what facts he alleges support the alleged 11 constitutional violations against each named defendant.

(PC) Montgomery v. Culum

District Court, E.D. California · Aug 25, 2022

However, 4 plaintiff does not clearly allege defendant Pesce’s adverse action. … To establish a claim for the use of excessive force in violation of 21 the Eighth Amendment, a plaintiff must establish that prison officials applied force maliciously 22 and sadistically to cause harm, rather than in

(SS) Hernandez v. Commissioner of Social Security

District Court, E.D. California · Aug 2, 2019

Heckler, 760 F.2d 993, 995 (9th Cir. 1985). 19 DISABILITY BENEFITS 20 To qualify for benefits under the Social Security Act, Plaintiff must establish he is unable … He also encouraged 19 Plaintiff to follow-up with his primary care physician or establish care with a new physician.

Nunes v. County of Stanislaus

District Court, E.D. California · May 31, 2022

Counsel proffers the instant cases involve a “very 8 specialized niche of civil rights law” for which only a small number of attorneys within California 9 are qualified to handle. … Moreover, it is associated with significant risk, such as the risk a law firm will not be paid 11 on a case due to the “elusive, shifting, and case-specific nature of immunity analysis and a myriad 12 of other potential

(PC) Hernandez v. Martichick

District Court, E.D. California · Aug 3, 2021

or portion thereof if the prisoner has raised claims that are legally 25 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 26 monetary relief from a defendant who is immune … 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.

(PC) Pavao v. Unknown

District Court, E.D. California · Jan 21, 2021

complaint or portion thereof if the prisoner has raised claims that are legally 2 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 3 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 7 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 8 490 U.S. at 327.

Davis v. Advance Services, Inc.

District Court, E.D. California · Jul 20, 2023

Moving Defendants argue that these two incidents, which occurred 12 months apart, cannot be considered severe or pervasive to qualify as harassment. See 13 Moving Defs.’ … Supp. 3d at 1086, Guerrero’s actions were clearly directed 3 at Plaintiff when he presented the noose to him, pretended to hang himself with it, and 4 said, “This is for you.”

Petersen v. Sims

District Court, E.D. California · Jul 7, 2021

complaint or portion thereof if the inmate 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 … established constitutional right.