Case law

Senator v. Macomber

District Court, E.D. California · Sep 3, 2024

For screening purposes, the Court finds Plaintiff 27 adequately alleges he is an individual with a qualifying disability. … , a 19 violation of the Unruh Act can be established by alleging a violation of the ADA.

US Equal Employment Opportunity Commission v. Placer ARC

114 F. Supp. 3d 1048 · District Court, E.D. California · Jul 13, 2015

Plaintiff’s Claim To establish a prima facie case of discrimination.under the ADA, a plaintiff “must show that she: (1) is disabled; (2) is qualified; and (3)..3uffered an adverse employment action because of her disability … to her performance, not her qualified status.

(PC) Courtney v. Kandel

District Court, E.D. California · Dec 7, 2020

Typically, once the court concludes a 23 right was clearly established, an officer is not entitled to qualified immunity because a reasonably 24 competent official is charged with knowing the law governing his conduct … However, even if a plaintiff has alleged a violation of a 26 clearly established right, the government official is entitled to qualified immunity if he could have 27 “. . . reasonably but mistakenly believed that his

(PC) Thompson v. Gomez

District Court, E.D. California · Mar 23, 2022

(ECF No. 84-1 at 12.) 9 Qualified immunity “protects government officials from liability for civil damages insofar 10 as their conduct does not violate clearly established statutory or constitutional rights of … Callahan, 555 U.S. 223, 236 (2009). 27 “[S]ummary judgment based on qualified immunity is improper if, under the plaintiff’s 28 version of the facts, and in light of the clearly established

(PC) Patton v. Loadholt

District Court, E.D. California · Jun 15, 2022

Government officials enjoy qualified immunity from civil 25 damages unless their conduct violates clearly established statutory or constitutional rights. Jeffers 26 v. … ’s conduct violated a statutory or constitutional right; and (2) 2 | whether the right at issue was “clearly established.”

(PC) Beckett v. Scalia

District Court, E.D. California · Jan 10, 2025

One such affirmative defense is the defense of 16 qualified immunity. … Presuming this action reaches the stage where Defendants formally assert 17 the defense of qualified immunity, such as in a motion for summary judgment,3 the legal 18 standards applicable to the defense of qualified immunity

(PC) Penn v. Warden of Kern Valley State Prison

District Court, E.D. California · Aug 19, 2024

Qualified Immunity 13 A government official is entitled to qualified immunity under Section 1983 unless (1) the 14 official “violated a federal statutory or constitutional … The plaintiff bears the burden 1 | of establishing that the right alleged was clearly established. Moran v.

Michael Gene McKinney v. Fresno County Sheriff’s Office, et al.

District Court, E.D. California · Mar 16, 2026

The magistrate judge 10 found the request to be moot, as subsequent changes in state law had established such a process 11 and satisfied the requested injunctive relief. … Specifically, the magistrate 14 judge found that the individual defendants are entitled to qualified immunity. Id. at 10-11.

(PC) Head v. County of Sacramento

District Court, E.D. California · Dec 28, 2020

“However, even 10 after the initiation of criminal proceedings, a prosecutor may receive only qualified immunity 11 when acting in a capacity that is exclusively investigatory or administrative.” … (or qualified immunity) based on her 15 alleged receipt of recordings of telephone calls between plaintiff and his lawyer from defendant 16 Shelton.

(PS) Serris v. Chastaine

District Court, E.D. California · Jun 14, 2022

Defendants’ Immunities 17 1. … Judicial Immunity 2 Judicial immunity is an absolute immunity from suit overcome only 3 (1) where a judge takes actions outside of judicial capacity, or (2) where 4 judicial

(PC)Hernandez v. Constable

District Court, E.D. California · Apr 27, 2022

Qualified Immunity 11 Defendants also argue that they are entitled to qualified immunity. … Government officials 12 enjoy qualified immunity from civil damages unless their conduct violates clearly established 13 statutory or constitutional rights. Jeffers v.

(PC) Coleman v. Spearman

District Court, E.D. California · Aug 12, 2024

immunity because his conduct did not violate clearly established law of which a 11 reasonable officer would have known. … With respect to qualified immunity, defendant argues that plaintiff does not 24 identify any clearly established case law that would have led defendant Hartwick to understand 25

Draper v. Baker Hughes Inc.

892 F. Supp. 1287 · District Court, E.D. California · Mar 10, 1995

Plaintiff did not clearly *1300 request an SPD until December 1992, and defendant complied with that request in January 1993. At worst, Mr. … "Plan sponsor” may also mean the "the employee organization in the case of a plan established or maintained by an employee organization” or "in the case of a plan established or maintained by two or more employers ...

Campos v. Fresno Deputy Sheriff's Association, County of Fresno

District Court, E.D. California · Apr 22, 2021

While Owen 11 held that governmental entities are not entitled to qualified immunity, there is a significant 12 difference between the good faith defense and qualified immunity. … and its 15 officials may invoke qualified immunity.

Chandavong v. Fresno Deputy Sheriff's Association

District Court, E.D. California · Apr 23, 2021

While Owen 11 held that governmental entities are not entitled to qualified immunity, there is a significant 12 difference between the good faith defense and qualified immunity. … and its 15 officials may invoke qualified immunity.

(PC) Sharpe v. Sherman

District Court, E.D. California · Sep 1, 2021

Qualified Immunity 18 Lastly, the Defendants argue that they are entitled to qualified immunity. (ECF No. 65-1, 19 p. 20-23). … Government officials enjoy qualified immunity from civil damages unless their 20 conduct violates “clearly established statutory or constitutional rights of which a reasonable 21 person would have known.” Pearson v.

Chiron Corp. v. Genentech, Inc.

268 F. Supp. 2d 1126 · District Court, E.D. California · Jun 24, 2002

Frankel cannot say conclusively whether he intended to immunize mice with SKBr-3 prior to his conversation with Dr. … Fogh’s contribution to be significant enough to qualify him as an inventor.

Barcellos & Wolfsen, Inc. v. Westlands Water District

491 F. Supp. 263 · District Court, E.D. California · Apr 25, 1980

Clearly, the action of the government which brings these parties into court *266 originated in an alleged ultra vires agency action. As stated in DeLao v. … In addition to the fact that all of the claimants to water rights along the river are not made parties, no relief is either asked or granted as between claimants, nor are priorities sought to be established as to the appropriative

Robertson v. State of California

District Court, E.D. California · Apr 7, 2025

immunity. … As a 10 result, Defendant Pallares’ qualified immunity argument is not discussed herein. It will be 11 recommended, however, that Plaintiff be given a final opportunity to amend the complaint. 12 VI.

McDonald

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

whether defendants are 27 entitled to qualified immunity. … In resolving qualified immunity at summary judgment, courts 28 engage in a two-pronged inquiry.