Case law
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4.73s
District Court, E.D. California · Feb 13, 2020
Plaintiff alleges that these 7 defendants opened his mail from the O.G.I.S.3 on July 23, 2019, even though it was clearly 8 marked “legal mail.” (Id.) … To establish a violation of the right of access to the courts, a prisoner must 15 allege facts sufficient to show that: (1) a nonfrivolous legal attack on his conviction, sentence, or 16 conditions of confinement has
Cited 0 timesUnknownDistrict Court, E.D. California · May 19, 2021
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … Furthermore, plaintiff’s conclusory assertion that unspecified defendants are liable for 22 the actions of their subordinates is insufficient to establish such liability. See Ivey v.
Cited 0 timesUnknown(PC) Davis v. County of Sacramento
District Court, E.D. California · Jun 4, 2021
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 12 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … That state of mind, deliberate indifference, requires facts establishing that 7 defendant subjectively understood that plaintiff faced an excessive risk of harm, but disregarded 8 that risk. See Toguchi v.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 16, 2024
Cal. 2023). 1 which relief may be granted, or if it seeks monetary relief from a defendant who is immune from 2 such relief. … Thus, a showing of deliberate indifference rests on facts clearly evincing 26 “obduracy and wantonness, not inadvertence or error in good faith.” Whitley v. Albers, 475 U.S. 27 312, 319 (1986).
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 26, 2020
established law. … If he chooses to do so, he must clearly state which defendant did what and 20 when.
Cited 0 timesUnknownThompson v. INSURANCE AND BENEFITS TRUST/COMMITTEE PEACE OFFICERS RESEARCH ASSOCIATION OF CALIFORNIA
670 F. Supp. 2d 1052 · District Court, E.D. California · Sep 30, 2009
“Employees of this class are responsible for following clearly established procedures in receiving prisoners, maintaining discipline and preventing escapes.” (AR: P00244.) … On October 12, 2006, PORAC received a “Qualified or Agreed Medical Evaluator’s Findings Summary Form (prepared in connection with plaintiffs workers compensation case), which was completed by Eric E.
Cited 2 timesPublishedDistrict Court, E.D. California · Feb 22, 2024
may dismiss a case “at any 28 time” if the Court determines, inter alia, the action is frivolous or malicious, fails to state claim 1 on which relief can be granted, or seeks monetary relief against a defendant who is immune … When I clearly did my performance as the Agent for the Consumer REGINALD D SMITH which I hold the title of ownership the 6 Birth Certificate with holding me out of the account.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 18, 2020
In any first 12 amended complaint, Plaintiff must clearly allege facts demonstrating a link between what each 13 separate individual Defendant allegedly did, or did not, do and the resulting deprivation of 14 Plaintiff … Even gross negligence is insufficient to establish deliberate 16 indifference to serious medical needs. See Wood v.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 9, 2021
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. … CLAIM FOR WHICH A RESPONSE IS REQUIRED 23 To state a claim for retaliation, plaintiff must allege facts establishing that (1) a state actor 24 took some adverse action against an inmate (2)
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 12, 2024
or portion thereof if the prisoner has raised claims that are legally 24 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 25 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous where it is based on an 1 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 2 490 U.S. at 327.
Cited 0 timesUnknown(SS) Sanchez v. Commissioner of Social Security
District Court, E.D. California · Feb 13, 2020
. §§ 404.1520 (a)-(f) and 416.920(a)-(f). 8 9 To qualify for benefits, the claimant must establish the inability to engage in 10 … This is clearly contrasted 21 with the current case at issue.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 3, 2021
immunity based on the 25 lack of clearly established law on this issue. … “In order to establish municipal liability, a plaintiff must show that a ‘policy or 16 custom’ led to the plaintiff’s injury.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 16, 2020
The Court must dismiss a complaint or portion thereof if it: (1) is frivolous or 22 malicious; (2) fails to state a claim upon which relief can be granted; or (3) seeks monetary relief 23 from a defendant who is immune … Plaintiff’s complaint does not clearly 24 explain whether Officer Cox read the grievance response aloud due to his distaste for plaintiff’s 25 sexuality or as retaliation for plaintiff having filed a prison grievance.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 9, 2024
Plaintiffs’ 7 opposition responds to this argument by setting forth the requirements to establish an equal 8 protection claim, discussing several cases which illustrate how certain elements can be 9 established, and … 22 established.”
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 10, 2023
The complaint, therefore, does not 4 establish federal question jurisdiction and dismissal is appropriate. 5 2. … Failure to State a Claim for RICO Violations 14 “To prevail under RICO, a plaintiff must establish a ‘pattern of criminal activity.’ ...
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 10, 2023
s complaint, or any portion thereof, is subject to dismissal if it is frivolous 2 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 3 relief from a defendant who is immune … To establish a violation of the Eighth 20 Amendment, the prisoner must “show that the officials acted with deliberate indifference . . .” 21 Labatad v. Corrs.
Cited 0 timesUnknownCalifornia Chamber of Commerce v. Bonta
District Court, E.D. California · Mar 30, 2021
A chemical is “known” to cause cancer or reproductive 13 toxicity if it meets one of three statutory criteria: 14 “[I]n the opinion of the state’s qualified experts it has been clearly shown through 15 … “Although the Noerr–Pennington doctrine 6 originally immunized individuals and entities from antitrust liability, Noerr–Pennington 7 immunity now applies to claims under § 1983 that are based on the petitioning
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 30, 2023
portion thereof if the prisoner has raised claims that are legally 28 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 1 “seek[] monetary relief against a defendant who is immune … Thus, to 8 comply with Rule 8, a complaint should clearly and fully set forth “who is being sued, for what 9 relief, and on what theory, with enough detail to guide discovery.” Id.
Cited 0 timesUnknown(PC) Singh v. Sacramento County Sheriff RCCC
District Court, E.D. California · Jun 30, 2023
complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 13 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 14 490 U.S. at 327.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 30, 2023
complaint or portion thereof if the prisoner raised claims that are legally 8 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 9 monetary relief from a defendant who is immune … The court may, therefore, dismiss a claim as frivolous when it is based on an 13 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 14 490 U.S. at 327.
Cited 0 timesUnknown
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