Case law

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  • (PC) Montecastro v. Newsom

    District Court, E.D. California · Aug 25, 2020

    bunking inmates vertically; (5) double 5 bunking manifests overcrowding, which in turn creates lack of adequate medical care and mental 6 health for prison inmates due to the sheer volume of population, where under qualified … To 12 state a cognizable retaliation claim, Plaintiff must establish a nexus between the retaliatory act and the 13 protected activity. Grenning v. Klemme, 34 F.Supp.3d 1144, 1153 (E.D. Wash. 2014).

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  • (HC) Walden v. Lizarraga

    District Court, E.D. California · Sep 14, 2021

    Absent such “clearly established Federal law,” it cannot be concluded that the appellate court’s ruling was an “unreasonable application.” … In the absence of clearly established Supreme Court law on this issue, AEDPA relief is foreclosed. See Knowles v.

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  • (PC) Amesquita v. Macomber

    District Court, E.D. California · Mar 20, 2024

    Additionally, as discussed more fully below, Plaintiff must clearly state 4 what happened, when it happened and who was involved. 5 2. … “The requisite causal connection may be established 14 when an official sets in motion a ‘series of acts by others which the actor knows or reasonably 15 should know would cause others to inflict’ constitutional harms

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  • (PC) Hunt v. Oberst

    District Court, E.D. California · Dec 14, 2020

    Even gross negligence is insufficient to establish deliberate 19 indifference to serious medical needs. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 20 1990). … The amended complaint should be clearly titled, in 24 bold font, “Second Amended Complaint,” reference the appropriate case number, and be an original 25 signed under penalty of perjury.

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  • (PC) Smith v. Gonzales

    District Court, E.D. California · Jun 16, 2021

    necessary elements of his claims; and (3) Defendants are 7 entitled to qualified immunity. … Defendants also argue that taking the facts in the 25 light most favorable to Plaintiff, they are entitled to qualified immunity.

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  • Merced Irrigation District v. County of Mariposa

    941 F. Supp. 2d 1237 · District Court, E.D. California · Apr 23, 2013

    This argument, however, fails to establish how Mariposa could file such claims against MID. … The Seventh Circuit concluded that the Federal Circuit was "clearly wrong” about its lack of jurisdiction, and transferred the case back to the Federal Circuit. Id.

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  • (PC) Villery v. Jones

    District Court, E.D. California · Jun 2, 2021

    only a part of a matter, the answer must specify the part admitted and qualify or deny the rest. … “The 10 purpose of Rule 36(a) is to expedite trial by establishing certain material facts as true and thus 11 narrowing the range of issues for trial.”

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  • Manter v. Fresno Police Department

    District Court, E.D. California · Oct 15, 2019

    pauperis, the Court must conduct a review of the complaint to determine whether it “state[s] a 2 claim on which relief may be granted,” is “frivolous or malicious,” or “seek[s] monetary relief 3 against a defendant who is immune … The amended complaint should be clearly and 12 boldly titled “First Amended Complaint,” refer to the appropriate case number, and be an original 13 signed under penalty of perjury.

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  • Shannon Lynn Guevara v. Commissioner of Social Security

    District Court, E.D. California · Jan 29, 2026

    Rather, the ALJ clearly identified the 16 testimony he was rejecting, or rejecting in part, and gave a thorough discussion of the medical 17 evidence that supported his findings. … To be sure, the ALJ engaged in a lengthy discussion of the 18 medical record overall, yet this was clearly done in both an effort to establish what testimony from 19 Plaintiff the ALJ found not credible and what testimony

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  • (PC) Davis v. Jones

    District Court, E.D. California · Jun 25, 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 … Murphy, 844 F.2d 628, 634 (9th Cir. 1988). 13 Here, plaintiff has failed to state a cognizable claim against Sacramento County 14 Main Jail’s CMO because plaintiff’s allegations do not clearly explain the CMO

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  • (PC) Gray v. Odeluga

    District Court, E.D. California · Oct 28, 2019

    To establish a claim of deliberate indifference arising from a delay in providing care, a 13 plaintiff must show that the delay was harmful. See Berry v. … The amended complaint should be clearly titled, in 18 bold font, “Second Amended Complaint,” reference the appropriate case number, and be an 19 original signed under penalty of perjury.

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  • Breakey v. Lindsey

    District Court, E.D. California · Mar 19, 2020

    However, Plaintiffs fail to establish Defendants’ listings 28 qualify as conduct “so ‘continuous and systematic’ as to render them essentially at home in the 1 forum State” because Plaintiffs fail to offer any legal arguments … “If the question is whether 13 an individual’s contract with an out-of-state party alone can automatically establish sufficient 14 minimum contacts in the other party’s home forum, we believe the answer clearly is that

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  • (PC) Veaver v. Honea

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

    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.

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  • (PC) Ruiz v. Woodfill

    District Court, E.D. California · Jun 16, 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 10 establish that he has suffered “actual injury,” a jurisdictional requirement derived from the 11 standing doctrine.

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  • (PC) Harris v. Kernan

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

    21 establish a material issue of fact conclusively in its favor. … Kuersten was deliberately indifferent to plaintiff’s 25 serious medical needs in connection with his need for surgery for his thumb injury. 26 Qualified Immunity 27

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  • McFadyen v. County of Tehama

    District 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 6 custom’ led to the plaintiff’s injury.

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  • Phommathep v. County of Tehama

    District 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 3 custom’ led to the plaintiff’s injury.

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  • (PC) Harper v. Ramos

    District Court, E.D. California · May 25, 2021

    “[E]ven gross negligence is insufficient to establish a 12 constitutional violation.” Id. (citing Wood v. … In light of this recommendation, the court declines to consider Defendants’ qualified 22 immunity argument. 23 Therefore, based on the foregoing, it is HEREBY

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  • Loescher v. County of Plumas

    District Court, E.D. California · Sep 21, 2020

    But 26 the court will dismiss such unnamed defendants if discovery clearly would not uncover their 27 identities or if the complaint would clearly … In response, plaintiff argues 19 Sheriff Hagwood is not cloaked with state immunity because Sheriffs are county, rather than 20 state, actors.

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  • (SS) Aaron v. Commissioner of Social security

    District Court, E.D. California · Mar 3, 2025

    Sec’y of 3 Health and Human Servs., 812 F.2d 509, 510 (9th Cir. 1987). 4 REVIEW 5 In order to qualify for benefits, a claimant must establish … The 12 burden is on the claimant to establish disability. Terry v.

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