Case law
Opinions from 1658 to today.
6,306 results
1.11s
923 F. Supp. 1278 · District Court, E.D. California · Apr 19, 1996
In the endeavor to establish the existence of a factual dispute, the opposing party need not establish a material issue of fact conclusively in its favor. … While the later right is clearly established, it appears to the court that the waiver implicates that issue indirectly, because it prohibits enforcement of that right in the course of prohibiting all access to the courts.
Cited 4 timesPublished645 F. Supp. 2d 903 · District Court, E.D. California · May 27, 2009
Defendant’s argument that no data sequestration system is immune from abuse is no reason to disallow DNA identification sampling. … The scope of qualifying offenses was increased in 2001 under the USA Patriot Act, and extended to any felony pursuant to the Justice for All Act of 2004.
Cited 7 timesPublished658 F. Supp. 2d 1188 · District Court, E.D. California · Sep 8, 2009
demonstrates Congress aimed to abrogate sovereign immunity for the states.” … At oral argument, the City qualified its concession by asserting that, although it owned and operated the sewer, it does not meet the definition of an owner or operator under CERCLA.
Cited 6 timesPublishedEnergrey Enterprises, Inc. v. Oak Creek Energy Systems, Inc.
119 B.R. 739 · District Court, E.D. California · Aug 10, 1990
Energrey further argues that the evidence presented at the trial clearly establishes that the towers and wind turbines are part of a work of improvement to which Energrey contributed, and that for purposes of the mechanics … THE COURT: I don’t think he’s qualified. You haven’t given me any information as to why he’s qualified to speak for the Oak Creek owners and the people who entered into the contracts. MR.
Cited 9 timesPublished(PC) Martinez v. Secretary of California Department of Corrections and Rehabilitation
District Court, E.D. California · Feb 21, 2025
The court observed 5 the CDCR was the only defendant named in the caption but found the CDCR had immunity under 6 the Eleventh Amendment. (Id., citing, e.g., Idaho v. … This also 14 qualifies as a strike under Section 1915(g).
Cited 0 timesUnknown779 F. Supp. 477 · District Court, E.D. California · Nov 14, 1991
Defendants also argue that the government has not waived sovereign immunity over plaintiffs claims. … The government contends that neither RCRA nor the APA waive sovereign immunity for this claim.
Cited 4 timesPublished689 F. Supp. 2d 1250 · District Court, E.D. California · Jan 14, 2010
Consequently, this Court cannot grant relief unless the decision of the state court was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the … Here the California courts found that the objective element was clearly established. Further, the court found that a jury acting properly could have found the subjective element.
Cited 2 timesPublishedDistrict Court, E.D. California · May 8, 2023
However, a determination that a plaintiff qualifies financially for in forma 4 pauperis status does not complete the inquiry required by the statute. … Neitzke, 490 U.S. at 328. 26 Here, the complaint’s allegations are clearly baseless and delusional.
Cited 0 timesUnknown408 F. Supp. 1154 · District Court, E.D. California · Mar 3, 1976
Novel or atypical methods should not provide immunity from the securities laws.” … However, the Wessel case is clearly distinguishable on its facts from the present case.
Cited 2 timesPublishedCentral Delta Water Agency v. United States Fish & Wildlife Service
653 F. Supp. 2d 1066 · District Court, E.D. California · Sep 8, 2009
However, although necessary, organizational standing is not sufficient to establish standing in a procedural injury case. … Sovereign Immunity a. Agency Action.
Cited 10 timesPublishedTerrence Brewer v. California State Bar, et al.
District Court, E.D. California · Mar 11, 2026
In a facial challenge, the 18 moving party asserts that the allegations in the complaint are “insufficient on their face” to 19 establish federal jurisdiction. Id. … To state a Title II claim, plaintiff must allege that: 27 “(1) he is a qualified individual with a disability; (2) he was either excluded from participation in 28 or denied the benefits of a public entity’s services,
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 2, 2022
violate clearly established statutory or 28 constitutional rights of which a reasonable person would have known.” … statutory or constitutional right; and (2) 4 whether the right at issue was clearly established at the time of the incident.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 10, 2026
Yet, even if Plaintiff did not, Eleventh Amendment immunity, for 9 example, can often be a complete bar to a party’s claims. … Thus, RLUIPA provides a limited 17 waiver of sovereign immunity not present in the other constitutional claims.
Cited 0 timesUnknownDistrict Court, E.D. California · Aug 4, 2022
He also argues that 12 defendants are not entitled to qualified immunity. Id. at 14-16. 13 IV. … violate clearly established statutory or 22 constitutional rights of which a reasonable person would have known.”
Cited 0 timesUnknownUtu Utu Gwaitu Paiute Tribe v. Department of the Interior
766 F. Supp. 842 · District Court, E.D. California · Jun 6, 1991
Defendants have the burden of establishing that the Tribe’s claim is barred by the statute of limitations. United States v. … In enacting the EAJA and exposing the government to liability for costs and fees, Congress granted a limited waiver of sovereign immunity. In general, waivers of sovereign immunity are strictly construed.
Cited 3 timesPublishedDistrict Court, E.D. California · Jan 13, 2025
Idaho State Bd. of Med., 363 F.3d 916, 922 (9th Cir. 2004). 26 “Few doctrines were more solidly established at common law than the immunity of judges from 27 liability for damages for acts committed within their judicial … Saxner, 474 U.S. 193 (1985)). 3 Judicial immunity “is an immunity from suit, not just from the ultimate assessment of damages.” 4 Mireles v.
Cited 0 timesUnknownDistrict Court, E.D. California · Oct 31, 2022
The court is also aware of no 2 || authority that could show the defendants’ actions deprived plaintiff of a constitutional right that 3 || was “clearly established” at the time, as would be necessary to overcome the defendants … ’ 4 | assertion of qualified immunity.
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 20, 2025
See 28 U.S.C. § 2283. 1 Without showing a likelihood of success on the merits, plaintiff cannot establish that a temporary 2 restraining order is appropriate. See Stormans, Inc. v. … Defendant is immune from such a suit for damages, and it 23 clearly appears the court cannot grant plaintiff the requested injunctive relief pertaining to his 24 criminal case.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 20, 2023
immunity, and none of plaintiff’s discovery requests 24 relate to the issue of qualified immunity. … “When qualified immunity is raised as a defense, that issue 23 is to be resolved before the defendants claiming immunity are to be subjected to discovery. 24 Crawford-El v. Britton, 523 U.S. 574, 598 (1998).
Cited 0 timesUnknown(PC)Hopkins v. State of California
District Court, E.D. California · Dec 29, 2021
§ 1983 was not intended to abrogate a State’s Eleventh Amendment immunity.” 24 Brown v. … Violations of the Clark Remedial Plan do not establish violations of the ADA or RA and 28 cannot form the basis of a claim for damages in this court.
Cited 0 timesUnknown
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