Case law

Owens v. Lee

District Court, N.D. California · Nov 20, 2023

Legal Claims 2 It is well established that a state judge generally is “immune from suit for money 3 damages.” Mireles v. Waco, 502 U.S. 9, 9 (1991). … Id. at 9. 21 And so is Deputy District Attorney Yasmin because it is well established that state prosecutors are 22 immune from suit for money damages for their conduct in “pursuing a criminal prosecution” 23 when

Ellis v. NAVAL AIR REWORK FACILITY, ALAMEDA, CAL.

404 F. Supp. 377 · District Court, N.D. California · Nov 3, 1975

Moreover, because the plaintiffs are suing the federal government, they must overcome the bar of sovereign immunity. Larson v. Domestic & Foreign Corp., 337 U.S. 682 , 69 S.Ct. 1457 , 93 L.Ed. 1628 (1949). … Plaintiffs must, therefore, rely on the ultra vires exception to sovereign immunity to maintain jurisdiction under 42 U.S.C. § 1981 and the Fifth Amendment.

Preston

District Court, N.D. California · Aug 13, 2026

review, the court must identify any 8 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim upon 9 which relief may be granted, or seek monetary relief from a defendant who is immune … Wolff established five 21 procedural requirements.

Larry P. v. Riles

343 F. Supp. 1306 · District Court, N.D. California · Jun 20, 1972

In such cases there seems to be an empirical assumption that for most unskilled or semi-skilled jobs, an ample pool of qualified or potentially qualified workers of both races exists; and if racial imbalance in the workforce … Clearly, if fully-informed parental consent is sought in every case, plaintiffs have nothing to complain of.

Williams v. Alameda County

District Court, N.D. California · Jul 14, 2023

immunity. … If Radford is immune, then immunity extends to the County as well.

Baker v. Kaiser Aluminum and Chemical Corp.

608 F. Supp. 1315 · District Court, N.D. California · Oct 10, 1984

First, he characterizes the document as a "patent agreement” and contends that it is too “peripheral” a document to qualify as an employment agreement. … While plaintiff can establish longevity of service and lack of criticism of his work, the crucial additional factor is lacking.

Alexander-Campos v. Reinke

District Court, N.D. California · May 11, 2023

See, e.g., Palmer v. 3 Sanderson, 9 F.3d 1433, 1436 (9th Cir.1993) (denying qualified immunity and holding 4 that the “abusive application of handcuffs” causing pain and bruising was 5 unconstitutional); see also … Hagemann, 623 F.3d 975, 989 (9th Cir. 2010) 6 (Beezer, J., concurring in part and dissenting in part) (noting that “the right to be free from 7 excessive force in handcuffing is clearly established in our precedent”

Rebagliati-Ribbeck v. County of Alameda

District Court, N.D. California · Apr 15, 2025

immunity. … established at the time of the events giving rise to this litigation. 1 IV.

Norsworthy v. Beard

87 F. Supp. 3d 1104 · District Court, N.D. California · Mar 31, 2015

“[T]he exception to Eleventh Amendment immunity applicable, to prospective injunctive relief ... applies only to state officials with the ability to provide injunctive relief in their official capacities.” Roberts v. … The FAC does not allege that there was a genuine difference of medical opinion; rather, it alleges that Defendants’ purported reliance on the opinions of non-specialized, inexperienced health care providers was clearly unreasonable

Myles v. West Contra Costa Unified School District

District Court, N.D. California · Mar 28, 2024

A plaintiff need not show “physical exclusion” to establish deprivation of opportunity and may establish deprivation by showing that the harassment “so undermines and detracts from the victims’ educational experience, that … Southern California Rapid Transit District, finding that where the California Legislature made a policy decision by enacting a statute, immunity was not established for actions taken by an employee to implement that policy

Norris v. Allied-Sysco Food Services, Inc.

948 F. Supp. 1418 · District Court, N.D. California · Dec 20, 1996

qualified individual with a disability.. … The ADA clearly prohibits an employer from engaging in such conduct.

Tyler B. v. San Antonio Elementary School District

253 F. Supp. 2d 1111 · District Court, N.D. California · Feb 27, 2003

As noted, special education programs are only one of the many forms of relief which are available to individuals who qualify under the IDEA. … Department of Education’s regulations regarding the establishment of a CRP, California established “a uniform system of complaint processing for specified programs or activities which receive state or federal funding.”

Hudson v. Broomfield

District Court, N.D. California · Jan 17, 2024

immunity. … Id.; Celotex Corp., 477 U.S. at 323. 23 Because the Court finds that no constitutional violation occurred, it is not necessary 24 to reach Defendants’ qualified immunity argument. 25 III.

Lemnitzer v. Philippine Airlines, Inc.

816 F. Supp. 1441 · District Court, N.D. California · Nov 10, 1992

Both sides agree that plaintiffs were qualified for their positions. … For a more stark example, consider the following: If a female plaintiff alleges gender discrimination and her employer employs both male and female employees, she can clearly be a member of a cognizable class entitled to

Kelly v. City of San Jose

114 F.R.D. 653 · District Court, N.D. California · Feb 26, 1987

By definition, confidential information cannot qualify as a “state secret” unless it is of vital importance. … One device consists of imposing strict limits on the kinds of material that can qualify for any protection at all, i.e., courts use such demanding criteria that only a few kinds of communications fall within the qualifying

Bank of the West v. Valley National Bank

132 F.R.D. 250 · District Court, N.D. California · Aug 17, 1990

The “Joint Clients” Theory First, VNB argues that under the allegations in BOW’s complaint in this action VNB qualifies as a “joint client” with BOW in the TEC litigation. … They clearly represent a “significant” part of the communications that BOW otherwise would have been entitled to protect.

In Re Apple Computer Securities Litigation

696 F. Supp. 490 · District Court, N.D. California · Jul 31, 1987

Plaintiffs object to the Court’s use of the word “establish.” Contrary to their expressed view, plaintiffs did have the burden of raising some material issue of fact. … The first part of Statement # 17 is clearly not actionable. Even excerpted in part and out of context, the Statement about Lisa’s price is neither material nor a misstatement.

Cheng Fu Sheng v. Barber

144 F. Supp. 913 · District Court, N.D. California · Sep 28, 1956

determine that such alien has been of good moral character for the preceding five years and that the alien was physically present in the United States on the date of the enactment of this Act (August 7, 1953) and is otherwise qualified … The Congress clearly expressed its desire to determine for itself, on the basis of the particular facts of each case, whether an alien who meets the requirements specified in Section 6 should be accorded the status of an

Chowdhury v. Northwest Airlines Corp.

226 F.R.D. 608 · District Court, N.D. California · Apr 2, 2004

If a privilege exists, information may be withheld, even if it is relevant to the lawsuit and essential to the establishment of plaintiff’s claim.” Baldrige v. … Where disclosure of information specified in § 1357(d)(2) ... would jeopardize passenger safety, Congress clearly intended for the FAA to be able to withhold such information under § 1357(d)(2)____ Therefore, we hold that

R.P. v. City and County of San Francisco

District Court, N.D. California · Feb 6, 2025

’ instructions for how to leave. 7 Defendants’ Motion includes no argument that qualified immunity should apply—its only 8 reference to qualified immunity is the assertion in a parenthetical that section 847(b) provides … Defendants’ Reply does not mention qualified immunity 10 at all.