Case law
Opinions from 1658 to today.
6,306 results
0.85s
592 F. Supp. 2d 1282 · District Court, E.D. California · Dec 23, 2008
There is a dichotomy between “contrary to” clearly established law as enunciated by the Supreme Court, and an “unreasonable application of’ that law. Id. at 1519. … Accordingly, the denial of this claim by the California Court of Appeal was not an unreasonable application of clearly established Supreme Court authority. C.
Cited 0 timesPublished(PS) Wu v. Dept. of Health and Human Services
District Court, E.D. California · May 2, 2025
22, 2021) (“To state a claim for discrimination under 17 the Unruh Act, a plaintiff must allege: (1) that he was denied full and equal accommodations, 18 advantages, facilities, privileges, or services in a business establishment … He claims that he has a qualifying disability because he suffers from depression. 25 ECF No. 4 at 15.
Cited 0 timesUnknownDistrict Court, E.D. California · May 6, 2020
Further, he contends that he is entitled to qualified immunity. Plaintiff has filed an 23 opposition (ECF No. 40) and defendant has filed a reply (ECF No. 44). … immunity.
Cited 0 timesUnknownDistrict Court, E.D. California · Feb 23, 2026
An equal protection claim may be established by 24 showing that defendants intentionally discriminated against a plaintiff based on his membership 25 in a protected class, Comm. Concerning Cmty. Improvement v. … Americans with Disabilities Act and Rehabilitation Act 26 The Americans with Disabilities Act (“ADA”) provides, “no qualified individual with a 27 disability shall, by reason of such disability, be excluded from
Cited 0 timesUnknownDistrict Court, E.D. California · Mar 21, 2025
to qualifying state officials sued under 42 U.S.C. § 1983. … well- 18 established and well-understood common-law tradition that extended absolute 19 immunity to individuals performing functions
Cited 0 timesUnknown690 F. Supp. 2d 1141 · District Court, E.D. California · Feb 16, 2010
Nothing in the complaint indicates that the written correspondence to Countrywide concerned the servicing of Plaintiffs loan, which is required to qualify the correspondence as a “qualified written request” under RESPA. … A conclusory allegation that the correspondence was a “Qualified Written Request” is insufficient.
Cited 18 timesPublished(PS) Meckfessel-Poletti v. Workday, Inc.
District Court, E.D. California · Aug 25, 2025
A failure to accommodate claim under the ADA requires that the plaintiff 16 establish (1) she is disabled within the meaning of the ADA; (2) she is a qualified 17 individual able to perform the essential functions of … Plaintiff states 13 she “was always well qualified to perform the duties of the legal assistant position” and 14 that she “was at all times well qualified and able to perform the deli duties.”
Cited 0 timesUnknown70 F. Supp. 2d 1109 · District Court, E.D. California · Oct 12, 1999
Nor are the local sponsors’ interests clearly aligned with the Tour’s interest in the Conflicting Event and Television Release rules. … Even assuming the truth of these assertions, however, they do not support an inference of concerted action between Pacifi-care and the Tour to establish and perpetuate the Rules and Regulations.
Cited 6 timesPublishedPlans, Inc. v. Sacramento City Unified School District
752 F. Supp. 2d 1136 · District Court, E.D. California · Nov 5, 2010
Kurtzman, 403 U.S. 602 , 91 S.Ct. 2105 , 29 L.Ed.2d 745 (1971): To pass muster under Lemon , the challenged practice must (1) reflect a clearly secular legislative purpose; (2) have a primary effect that neither advances … The court precluded such testimony as *1142 rank hearsay — Staley was not qualified as an expert and thus, could not opine as to the nature and meaning of Steiner’s beliefs.
Cited 1 timesPublishedRichard D. Casity v. Amador County, et al.
District Court, E.D. California · Nov 3, 2025
If the 25 amended complaint names the County as a defendant, Plaintiff must include allegations to 26 establish municipal liability. … In order to establish liability a plaintiff must show that a policy, 27 custom, or practice was the moving force behind the constitutional violation. See Hyun Ju Park 28 v.
Cited 0 timesUnknownCondit v. National Enquirer, Inc.
289 F. Supp. 2d 1175 · District Court, E.D. California · Jun 20, 2003
Hayes, 408 U.S. 665 , 92 S.Ct. 2646 , 33 L.Ed.2d 626 (1972), as establishing a qualified privilege for journalists against compelled disclosure of information gathered in the course of their work. See Shoen v. … Hume court held the litigant need not have deposed every one of the UMWA’s employees, but the exhaustion “obligation is clearly very substantial.”
Cited 0 timesPublishedDistrict Court, E.D. California · May 6, 2024
immunity, and possible expert 19 testimony, and trial will involve voluminous medical records and conflicting testimony. … Prison litigation often involves medical claims and issues of qualified immunity; 21 thus, Plaintiff’s case does not present extraordinary circumstances.
Cited 0 timesUnknownDistrict Court, E.D. California · Jul 8, 2020
’ 24 qualified immunity claims. … However, even if the defendant violated a clearly established right, the 9 government official is entitled to qualified immunity if he or she made a reasonable mistake as to 10 what the law requires.
Cited 0 timesUnknownDistrict Court, E.D. California · Jan 31, 2024
Further, any errors in assessing Plaintiff’s compatibility do not establish a 6 violation of a constitutional right, and Defendant is entitled to qualified immunity. 7 Plaintiff asserts that existing material facts … Qualified Immunity 25 Defendant also asserts that the Court should grant summary judgment on the basis of 26 qualified immunity.
Cited 0 timesUnknownDistrict Court, E.D. California · Apr 23, 2025
Qualified Immunity 6 In the alternative, Defendant asserts that she is entitled to qualified immunity in this case 7 because no official in her position would believe … July 5, 2018), where the court noted that qualified immunity would be appropriate in 11 that case because there exists no clearly established right to elective surgical procedures for 12 benign cysts.
Cited 0 timesUnknownSecurities & Exchange Commission v. Loomis
969 F. Supp. 2d 1226 · District Court, E.D. California · Sep 3, 2013
The SEC is then entitled to summary judgment only if it demonstrates (1) that no genuine issue of material fact exists; or (2) that, viewing the evidence in the light most favorable to Loomis, the SEC is clearly entitled … Establishment of a Prima Facie Case The SEC has established a prima facie case that the securities offerings in Naras Fund 1 and Naras Fund 2 were unregistered.
Cited 6 timesPublishedDistrict Court, E.D. California · Feb 27, 2020
Prunty, 108 F.3d 251, 254–55 (9th Cir.1997) (holding 9 that prison guard who engaged in “vulgar same-sex trash talk” with inmates was entitled to 10 qualified immunity); Somers v. … Thurman, 109 F.3d 614, 624 (9th Cir. 1997) (female correctional 11 officers who allegedly made improper statements about plaintiff while he showered entitled to 12 qualified immunity).
Cited 0 timesUnknownDistrict Court, E.D. California · Jun 13, 2022
immunity at this stage. … violated clearly established constitutional rights of which a reasonable officer 26 would be aware in light of the specific context of the case.”
Cited 0 timesUnknownDistrict Court, E.D. California · Nov 25, 2025
Even gross negligence is insufficient to establish deliberate indifference to 28 serious medical needs. See Wood v. … preliminary injunction that goes beyond maintaining the status quo pendente lite, ‘courts should 10 be extremely cautious’ about issuing a preliminary injunction and should not grant such relief 11 unless the facts and law clearly
Cited 0 timesUnknown526 F. Supp. 248 · District Court, E.D. California · Nov 19, 1981
A briefing schedule was established and the matter was calendared for further oral argument. … The statute clearly distinguishes between examinations of church books of account and examinations of religious activities.
Cited 3 timesPublished
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