Case law
Opinions from 1658 to today.
6,306 results
2.01s
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 timesUnknown563 F. Supp. 1228 · District Court, E.D. California · May 31, 1983
Alabama, 294 U.S. 587, 591 , 55 S.Ct. 579, 580 , 79 L.Ed. 1074 (1935) (direct testimony established that specified blacks, thirty or more in number, were qualified for jury service); Pierre v. … As the Court stated, “[discrimination can arise from the action of commissioners who exclude all negroes whom they do not know to be qualified and who neither know nor seek to learn whether there are any qualified to serve
Cited 15 timesPublishedDistrict Court, E.D. California · Oct 31, 2025
It is well established that judges are absolutely immune from 15 civil suits for acts performed in their judicial capacities. See Antoine v. Byers & Anderson, Inc., 508 16 U.S. 429, 435 & n.10 (1993); Mireles v. … Starting with 23 the act of petitioning for the inspection warrant, that act that would only be subject to qualified 24 immunity. See Foley v. Graham, No. 216CV01871JADVCF, 2020 WL 4736457, at *4 (D.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 25, 2023
In the alternative, he seeks 9 qualified immunity. Plaintiff counters that there is a triable issue of fact as to deliberately 10 indifferent medical care, and that qualified immunity does not apply. 11 III. … clearly established statutory or 7 constitutional rights of which a reasonable person would have known.”
Cited 0 timesUnknownHutchinson v. Bear Valley Community Services District
191 F. Supp. 3d 1117 · District Court, E.D. California · Jun 13, 2016
(Doc. 30 at 3, ¶ 12)'She reports Police Chief Walthers “told Plaintiff that her children do not qualify for ‘hardships’ which prevented Plaintiff from qualifying for a more favorable day shift.” (Id.) … (Doc. 1) Plaintiff alleges she “was never told whether she qualified or did not qualify for disability retirement until on or about the last week of September 2015 or the first week of October 2015.”
Cited 2 timesPublishedDistrict 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 timesUnknownDistrict Court, E.D. California · Nov 2, 2022
15 violates clearly established statutory or constitutional rights. … Ramirez-Palmer, 301 F.3d 2 1043, 1053 (9th Cir. 2002). 3 “For the second step in the qualified immunity analysis—whether the constitutional right 4 was clearly established
Cited 0 timesUnknown588 F. Supp. 2d 1254 · District Court, E.D. California · Nov 21, 2008
In order to be subject to the protections afforded by HOEPA, one of two factors has to be established. … As indicated above, Plaintiffs can avoid this deadline only if they establish that the required disclosures were not made.
Cited 10 timesPublishedDistrict Court, E.D. California · Apr 18, 2023
If the undisputed facts show no constitutional violation, or if the right was not clearly 20 established, the court should grant the official qualified immunity. Id. … In determining whether 21 the right was clearly established, the court must ask (1) whether the law governing the official’s 22 conduct was clearly established and (2) whether a reasonable official, in the same position
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 10, 2024
Qualified Immunity 17 Qualified immunity protects government officials from damages in a civil action unless 18 Plaintiff shows that the defendant’s conduct violates “clearly … In determining a claim of qualified immunity, the court determines whether the defendant’s 21 conduct violated a constitutional right, and if so, whether the right was clearly established.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 26, 2024
Id. at 18-25. 6 Alternatively, they argue that they are entitled to qualified immunity. Id. at 25-27. 7 2. … “[S]ummary 19 judgment based on qualified immunity is improper if, under the plaintiff’s version of the facts, 20 and in light of the clearly established law, a reasonable officer could not have believed his 21 conduct
Cited 0 timesUnknownDistrict Court, E.D. California · Sep 9, 2019
The defense of qualified immunity protects “government officials...from 15 liability for civil damages insofar as their conduct does not violate clearly established statutory or 16 constitutional rights of which a reasonable … A court considering a claim of qualified immunity must determine whether 18 the plaintiff has alleged the deprivation of an actual constitutional right and whether the right was 19 clearly established, such that it would
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 11, 2022
Defendants move for summary judgment, 20 arguing that they had no knowledge that Chan posed a threat to plaintiff.1 Defendants also claim 21 qualified immunity. … right, and (2) whether the law at the time of the challenged conduct 9 clearly established that the conduct was unlawful.”
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 8, 2026
As 2 reasonably practicable, to the extent that a document or other material contains both Confidential 3 Information and non-confidential information, the Designating Party shall clearly delineate the 4 particular … “QUALIFIED PERSONS” 12 Confidential Information may be disclosed only to the following “Qualified Persons”: 13 a.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 10, 2025
those claims, as they still 19 fail to draw a sufficient connection between defendants’ actions 20 or inactions and the specific harms committed by the protestors. 21 Nor do they do anything to defeat qualified … immunity, as they 22 fail to allege violations of clearly established law. 23 The newly proposed allegations to the effect that 24 plaintiff “has been welcomed as a member
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 7, 2023
Alternatively, they argue that Mays is entitled to qualified immunity. Id. at 16 23-25. … violate clearly established statutory or 23 constitutional rights of which a reasonable person would have known.”
Cited 0 timesUnknownSan Luis Unit Food Producers v. United States
772 F. Supp. 2d 1210 · District Court, E.D. California · Feb 16, 2011
Sovereign Immunity/APA Federal Defendants assert the defense of sovereign immunity. The United States, as a sovereign, is immune from suit unless it has waived its immunity. Dept. of the Army v. … The face of the Complaint clearly raises federal questions.
Cited 15 timesPublishedDistrict Court, E.D. California · Aug 15, 2025
immunity. … Accordingly, the court declines to adopt the magistrate judge’s additional conclusion 16 that, if the question is reached, defendants are entitled to qualified immunity in the face of 17 plaintiff’s excessive force claim
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 24, 2022
June 22, 14 2018)(noting that prosecutorial immunity would support a strike if it was dismissed under 15 qualifying reason under the PLRA)(citing Washington v. … June 22, 2018)(noting that 21 prosecutorial immunity would support a strike if it was dismissed under qualifying reason under 22 the PLRA)(citing Washington v.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 12, 2022
qualified immunity. 12 The undersigned agrees there is no clearly established law recognizing a prisoner’s right 13 to a truthful counseling chrono. … Plaintiff cites no 16 authorities to the contrary, and argues only that “the prohibition against retaliatory punishment is 17 clearly established law in the Ninth Circuit for qualified immunity purposes.”
Cited 0 timesUnknown
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