Case law

(PC) Seymour v. Wasco State Prison Administration

District Court, E.D. California · Dec 27, 2021

or portion thereof if the prisoner has raised claims that are 12 legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or 13 that seek monetary relief from a defendant who is immune … Defendant Doe 1 neglected to do a follow-up investigation on the GAC system for the 7 prison he oversees, clearly to avoid an intentional shut-down of the prison because of the 8 severity of the toxic build-up.

(PC) Jones v. Brownen

District Court, E.D. California · Apr 10, 2023

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 dismiss a claim as frivolous if it is based on an indisputably meritless legal 10 theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327.

(HC) Aguilera v. Burton

District Court, E.D. California · Apr 8, 2025

Id. at 1226. 3 This claim fails because there is no clearly established federal law holding that a gang 4 expert’s reliance on hearsay testimony is violative of the … “The Supreme Court has not clearly established that the admission of out-of-court 8 statements relied on by an expert violates the Confrontation Clause.” Hill v. Virga, 588 F.

(PS) Johnson v. Solano County Sheriff,.

District Court, E.D. California · Feb 28, 2023

Plaintiff’s FAC clearly indicates that he 25 is suing defendants Cynthia Hill, Adrian Torres, and Marc Avecilla in an individual capacity. (Id. 26 at 2-3.) … May 24, 2011) (stating that cuts and 9 bruises were not a serious medical need where plaintiff failed to establish the severity of the 10 injuries).

(SS) Vanderhoff v. Commissioner of Social Security

District Court, E.D. California · Jan 6, 2025

An impairment that manifests only some of 15 the criteria, no matter how severely, does not qualify. … established the limitations that arise from it.

Gomez v. J. Jacobo Farm Labor Contractor, Inc.

District Court, E.D. California · May 23, 2023

he relied on his knowledge, Defendant’s Datatech payroll data, the opinions of 4 Defendant’s expert Joseph Krock, the pleadings in this case, written orders from similarly situated 5 cases, and documents identifying immunity … Defendant has not cited any authority indicating that a 23 plaintiff can only establish a rest break pay claim by providing daily records showing shift-level 24 violations.

Thompson-Phillips v. Wal-Mart Associates, Inc.

District Court, E.D. California · Jul 18, 2023

This includes secure data storage systems, established security policies, and 11 security training for employees, contractors and experts. … privileged or protected from discovery as work product or by reason of any other applicable privilege or 26 immunity

(PC) Barela v. Stockton Police Department

District Court, E.D. California · Jan 23, 2023

complaint or portion thereof if the 5 prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon 6 which relief may be granted, or that seek monetary relief from a defendant who is immune … The court may dismiss a claim as frivolous if it is based 10 on an indisputably meritless legal theory or where the factual contentions are clearly baseless. 11 Neitzke, 490 U.S. at 327.

Walker v. Police Chief

District Court, E.D. California · Dec 12, 2019

Plaintiff must clearly identify which 27 Defendant(s) he believes are responsible for each violation of his constitutional rights and the 28 supporting factual basis because his complaint must put each Defendant on notice … Plaintiff has the burden 12 to establish state action under one of the foregoing tests.

(PC) Miller v. Amador County Jail

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

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.

(PC) Ray v. Petras

District Court, E.D. California · Feb 2, 2022

“A showing of medical malpractice or 23 negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment.” 24 Id. at 1060. … immunity defense. 1 Accordingly, it is hereby recommended that: 2 1.

(HC) Driscoll v. Fisher

District Court, E.D. California · Feb 12, 2021

. . recent 8 decisions”; otherwise, there is no clearly established Federal law for purposes of review under 9 AEDPA and the Court must defer to the state court’s decision. … Although the Dixon bar “qualifies as adequate to bar federal habeas review,” Johnson, 136 S.

Jeremy Xavier Sanchez v. Kern County Sheriff’s Department

District Court, E.D. California · Feb 24, 2026

affairs responded 9/22/25 4 stating on 7/01/25 a thorough investigation about my complaint was determined unfounded The riot happened June 14 2025 8pm the 5 officer who investigated clearly … Sept. 18, 2019) (citing Castro, 833 F.3d 12 at 1070-71) (finding that where a plaintiff fails to allege the specific risk factors known to 13 officials, he cannot establish that a defendant’s conduct caused the resulting

(PC) Ernst v. Ramos

District Court, E.D. California · Oct 24, 2023

complaint or portion thereof if the prisoner has raised claims that are 23 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 24 monetary relief from a defendant who is immune … “[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 28 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v.

(SS) Dean v. Commissioner of Social Security

District Court, E.D. California · Mar 11, 2020

Heckler, 760 F.2d 993, 995 (9th Cir. 1985). 16 DISABILITY BENEFITS 17 To qualify for benefits under the Social Security Act, Plaintiff must establish he is unable … The burden of proof is on a claimant to establish disability. Terry v. 26 Sullivan, 903 F.2d 1273, 1275 (9th Cir. 1990).

Metropolitan Property & Casualty Insurance Co. v. Hedlund

218 F. Supp. 3d 1075 · District Court, E.D. California · Nov 3, 2016

MET’s person most qualified (“PMQ”) witness designee and the underlying claim litigation file handler, Tonya Johnson (“Johnson”), acknowledged that she read the Magnuson Letter to describe injuries that, if accurate, were … The facts establish that the Magnu-son Letter presented MET with an “opportunity to settle” as the letter clearly expressed an “interest in settlement” for an amount -within the insureds’ liability limits.

Caetano v. Internal Revenue Service

District Court, E.D. California · May 9, 2023

portion thereof if the prisoner has raised claims that are legally 7 “frivolous or malicious,” that “fail[] to state a claim on which relief may be granted,” or that 8 “seek[] monetary relief against a defendant who is immune … Accordingly, Plaintiff fails to allege facts 25 sufficient to establish a claim under the FOIA. 26 b.

(PC) Barrett v. Ciolli

District Court, E.D. California · May 19, 2023

This was clearly an 17 unfair practice by the Federal Bureau of Prisons staff and officials. … Boule; and 2) the Defendants are entitled to qualified immunity.2 23 (ECF No. 68-1, p. 9).

(PC) Villareal v. County of Fresno

District Court, E.D. California · Apr 30, 2021

Sakai, 48 F.3d 1082, 1087-88 (9th Cir. 1994) (no qualified immunity to outdoor 3 exercise claim). 4 ii. … There 13 is also no evidence suggesting that defendant Mims failed to implement new procedures that 14 should have been implemented to prevent constitutional violations, or that she signed off on a 15 clearly deficient

Danielle M. Ayers v. Commissioner of Social Security

District Court, E.D. California · Mar 20, 2026

A 7 claimant establishes a prima facie case of qualifying disability once she has carried the burden of 8 … (AR 611-12.) 9 Though discussed in another section of the opinion, the ALJ clearly