Case law
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District Court, E.D. California · Oct 11, 2023
Failure to Protect 4 To establish a failure to protect claim, a prisoner must establish that prison officials were deliberately indifferent to a sufficiently serious threat … Abbey, 263 F.3d 1070, 1074-75 (9th Cir. 2001) (en banc) 3 (“[T]here is a clearly established constitutional due process right not to be subjected to criminal 4 charges on the basis of false evidence that was deliberately
Cited 0 timesUnknownDistrict 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
Cited 0 timesUnknown(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.
Cited 0 timesUnknownDistrict 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.
Cited 0 timesUnknownBankasa Land Trust v. Total Lender Solutions, Inc., et al.
District Court, E.D. California · Jun 3, 2026
However, even if Plaintiff 21 were to establish that the Court has jurisdiction and Mr. … A “court may issue a temporary restraining order without written or oral 11 notice to the adverse party” only if “(A) specific facts in an affidavit or a verified complaint clearly 12 show that immediate and irreparable
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 28, 2026
Based on available photographs it was established the individual was 6 in fact the target. … Officers also established that [Petitioner] is a citizen and national of El Salvador, without legal status in the United States.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 8, 2024
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 … Mere negligence on the part of the 6 prison official is not sufficient to establish liability.
Cited 0 timesUnknownDistrict Court, E.D. California · May 16, 2025
Richter, 562 U.S. 86, 98-99 (2011). 10 Under § 2254(d)(1), a decision is “contrary to” clearly established federal law if the state 11 court either: (1) applied a rule that contradicts the governing … established Supreme Court 5 precedent, nor was it based on an unreasonable determination of the facts.
Cited 0 timesUnknown(SS) Saur v. Commissioner of Social Security
District Court, E.D. California · Apr 23, 2025
An impairment that manifests only some of 21 the criteria, no matter how severely, does not qualify. … “Marked limitation means 28 that the signs and symptoms of your immune system disorder interfere seriously with your ability 1 to function.
Cited 0 timesUnknownMargarita Erguera v. CMG CIT Acquisition, LLC
District Court, E.D. California · Nov 8, 2022
In addition, Class Counsel are clearly experienced in class action 6 litigation. (See Doc. 24-1 at 16; Doc. 34-3.) … Importantly, however, any party seeking fees bears 23 the burden of establishing that the fees and costs were reasonably necessary to achieve the results 24 obtained. See Fischer v.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 18, 2024
“[A] judge may dismiss . . . claims which are ‘based on indisputably meritless legal 1 theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … The existence of a prison grievance procedure 4 establishes a procedural right only and “does not confer any substantive right upon the inmates.” 5 Buckley v.
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 10, 2023
that Harvinder 7 qualified as a “child” under Section 101(b) of the INA. … The submission of DNA evidence was clearly listed as optional 6 and voluntary.” (Id.)
Cited 0 timesUnknownDistrict Court, E.D. California · May 19, 2021
by a . . . policymaker possessed 24 with final authority to establish that policy.” … To establish a failure to protect claim, the prisoner must establish that 3 prison officials were deliberately indifferent to a sufficiently serious threat to the prisoner’s 4 safety. Farmer v.
Cited 0 timesUnknownDistrict Court, E.D. California · Dec 26, 2024
s complaint, or any portion thereof, is subject to dismissal if it is frivolous 8 or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary 9 relief from a defendant who is immune … It has long been established that state prisoners 5 cannot challenge the fact or duration of their confinement in a section 1983 action, and that their 6 sole remedy lies in habeas corpus relief. Wilkinson v.
Cited 0 timesUnknownDistrict Court, E.D. California · May 22, 2024
“[A] judge may dismiss . . . claims which are ‘based on indisputably 10 meritless legal theories’ or whose ‘factual contentions are clearly baseless.’” Jackson v. … In this case, the complaint does not establish that defendant 28 Lynch knew about the assault before-hand and failed to prevent it. 1 Additionally, plaintiff does not sufficiently state a First Amendment retaliation
Cited 0 timesUnknownDistrict Court, E.D. California · May 7, 2020
Further, where courts of appeals have diverged in their 22 treatment of an issue, it cannot be said that there is “clearly established Federal law” governing 23 that issue. Carey v. … This court finds 14 no grounds for a determination that the California Court of Appeal’s decision was contrary to or 15 an unreasonable application of clearly established federal law.
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 28, 2023
and qualify or deny the rest. … Defendant’s counsel does not address her failure to notice that she 25 responded to a set of RFAs that was clearly missing page two.
Cited 0 timesUnknown62 F. Supp. 3d 1144 · District Court, E.D. California · Nov 20, 2014
See Stevens, 9 Cal.3d at 65-67 , 107 Cal.Rptr. 45 , 507 P.2d 653 (“The warnings ... were not so clearly effective as to defeat ... the inference that they were nullified by overpromotion.... … Stevens — the primary authority relied upon by Plaintiffs to support this theory — the court specifically discussed how “mere compliance with regulations ... as to warnings ... issued by the [FDA] may not be sufficient to immunize
Cited 12 timesPublishedDistrict Court, E.D. California · May 19, 2023
The court may, therefore, dismiss a claim as frivolous where it is based on an 12 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 13 490 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.
Cited 0 timesUnknown767 F. Supp. 2d 1069 · District Court, E.D. California · Jan 24, 2011
The mutual protective order is not clearly erroneous or contrary to law. … Co., 777 F.2d 520, 525 (9th Cir.1985). 80 In over 43 years in jury trials and almost 20 years on the bench, in cases of monumental complexity with exceptionally qualified and experienced counsel, Plaintiffs’ fee request is
Cited 91 timesPublished
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