Case law

Opinions from 1658 to today.

Filterscaed

6,306 results

0.92s

  • 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.

    Cited 0 timesUnknown
  • (PC) Leen v. Montejo

    District Court, E.D. California · Nov 29, 2023

    Qualified Immunity 17 Regarding plaintiff’s sexual assault claim, defendant argues in the alternative that he is 18 entitled to qualified immunity. … right, and (2) whether the law at the time of the 21 challenged conduct clearly established that the conduct was unlawful.”

    Cited 0 timesUnknown
  • Spencer Enterprises, Inc. v. United States

    229 F. Supp. 2d 1025 · District Court, E.D. California · Mar 28, 2001

    From August 1999 through February 2000, there are not even ten qualifying employees. See. id. … “The power to expel or exclude aliens is largely immune from judicial control.” See Shaughnessy, 345 U.S. at 210, 73 S.Ct. 625 .

    Cited 8 timesPublished
  • Meixner v. Wells Fargo Bank, N.A.

    101 F. Supp. 3d 938 · District Court, E.D. California · Apr 24, 2015

    While a loan modification is traditional lending, the parties are now in an established relationship. … The loan modification transaction was clearly intended to affect Plaintiff because he was in privity with Wells.

    Cited 8 timesPublished
  • Hardin v. Wal-Mart Stores, Inc.

    813 F. Supp. 2d 1167 · District Court, E.D. California · Apr 25, 2011

    Plaintiff is *1181 claiming that the loss of wages and insurance benefits qualifies. … Flipping Plaintiff off and saying he would get him do not qualify as an attempt to commit violent injury. Cal.

    Cited 56 timesPublished
  • (PC) Samuels v. Ahlin

    District Court, E.D. California · Sep 9, 2019

    resolving the 6 | pending for motion for reconsideration, the court concludes that the issue decided by the Ninth 7 | Circuit in Hines—whether the right to be free from heightened exposure to Valley Fever spores 8 | was clearly … established at a given point in time for purposes of a qualified immunity defense—is 9 | clearly relevant to this case.

    Cited 0 timesUnknown
  • (PC) Alem v. CDCR

    District Court, E.D. California · May 6, 2020

    Ordinarily, once the court 10 concludes that a right was clearly established, an officer is not entitled to qualified immunity 11 because a reasonably competent public official is charged with knowing the law governing … However, even if the plaintiff 13 has alleged a violation of a clearly established right, the government official is entitled to 14 qualified immunity if he could have “. . . reasonably but mistakenly believed that his

    Cited 0 timesUnknown
  • Perkins

    District Court, E.D. California · Apr 21, 2026

    a prima facie case that these private actors, 4 acting as private attorneys, acted in ways attributable to the government qualifying as “state action” 5 sufficient to state a claim for a violation of section 1983. … As to any 9 such amendment, Plaintiff would need to allege how private Defendants Ochoa Chavez, Salkeld, 10 Gradford, and Nutting’s actions qualify as state action pursuant to at least one of the above tests. 11 E.

    Cited 0 timesUnknown
  • (PC) Foster v. Brown

    District Court, E.D. California · May 5, 2025

    The court may, therefore, dismiss a claim as frivolous where it is based on an 5 indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 6 490 U.S. at 327. … from suit or who are not subject to civil liability because they do not qualify as 26 state actors.

    Cited 0 timesUnknown
  • Sullivan Ex Rel. Sullivan v. Vallejo City Unified School District

    731 F. Supp. 947 · District Court, E.D. California · Mar 1, 1990

    Standards It is well established that the party seeking to invoke the jurisdiction of the federal court has the burden of establishing that jurisdiction exists. KVOS, Inc. v. … Under this interpretation, the California Supreme Court has found that a non-profit homeowners’ association, O’Connor, and a non-profit boys club, Isbister , qualified as “business establishments” under Unruh. *953 In like

    Cited 39 timesPublished
  • Yosemite Tenants Ass'n. v. Clark

    582 F. Supp. 1342 · District Court, E.D. California · Mar 22, 1984

    The Court finds that Mariposa, California, qualifies as an established community as well as a nearby representative private community. … DISCUSSION Clearly, the plaintiff has not established the Secretary’s action to be violative of any constitutional rights, powers, privileges or immunities afforded to the plaintiffs.

    Cited 1 timesPublished
  • (PC) Ray v. Hosey

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

    relief may be granted and on qualified immunity grounds. … The Ninth Circuit has also established 6 that when an action presents multiple claims, a strike is assessed “only when the ‘case as a whole’ 7 is dismissed for a qualifying reason under the [PLRA].” Washington v.

    Cited 0 timesUnknown
  • (PC) Spencer v. Milan

    District Court, E.D. California · Aug 27, 2025

    Qualified Immunity 11 In the alternative, Defendant asserts that he is entitled to qualified immunity in this case 12 because no official in his position would believe that … The plaintiff bears the burden 2 | of establishing that the right alleged was clearly established. Moran v.

    Cited 0 timesUnknown
  • (PC) Spencer v. Lopez

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

    safety concerns and for legitimate penological reasons, was 18 unlawful or violated any clearly established statutory or constitutional right of Plaintiff. 19 … affirmative defense,” and that Defendant “has 22 the burden to prove that they are [sic] entitled to qualified immunity.”

    Cited 0 timesUnknown
  • Davis v. Mathews

    450 F. Supp. 308 · District Court, E.D. California · May 17, 1978

    Carpenter does qualify. … Certain of the evidence and authorities presented is clearly inadequate to justify reversal.

    Cited 20 timesPublished
  • United States v. Godfrey

    112 F. Supp. 3d 1097 · District Court, E.D. California · Jun 4, 2015

    These regulation's are qualified by the limitation that “nothing in this part shall preclude activities as authorized by the U.S. Mining Laws Act of 1872 as amended.” 36 C.F.R. § 261.1 (b). … Practically, as the Magistrate Judge observed, this approach would make little sense: miners would essentially be immune from prosecution under Part 261 for any mining-related activity, regardless of its severity, as long

    Cited 5 timesPublished
  • (PC) McDaniel v. Lizarraga

    District Court, E.D. California · May 18, 2022

    Qualified Immunity 3 Plaintiff utterly failed to address defendant’s claim to qualified immunity, merely stating 4 “We . . . don’t believe that she has qualified immunity.” … clearly established statutory or constitutional rights of 14 which a reasonable person would have known.’”

    Cited 0 timesUnknown
  • Young v. City of Visalia

    687 F. Supp. 2d 1155 · District Court, E.D. California · Jan 15, 2010

    Plaintiffs fail to establish an implied right of action for violations of the specific Penal Code sections. … As for the common law tort claims identified under the Fourth cause of action, Plaintiffs do not address qualified immunity with regard to “assault” and fail to allege facts to establish intentional infliction of emotional

    Cited 17 timesPublished
  • (PC) Mendez v. Lee

    District Court, E.D. California · Oct 30, 2023

    Id. 10 Plaintiff also argues that defendants are not entitled to qualified immunity. Id. at 1-2, 21. 11 IV. … clearly established statutory or 8 constitutional rights of which a reasonable person would have known.”

    Cited 0 timesUnknown
  • N.M. v. Placer County

    District Court, E.D. California · Aug 25, 2025

    Qualified Immunity 11 In the current preliminary posture, the court declines 12 to address whether qualified immunity shields any defendants from 13 liability … “Denial of 9 qualified immunity at this juncture therefore sheds little light 10 on whether defendants might ultimately be entitled to qualified 11 immunity once the case proceeds at least to the summary

    Cited 0 timesUnknown

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.