Starr v. County of Los Angeles, et al.

Docket Number09-55233
Decision Date25 July 2011

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    • United States
    • U.S. District Court — Eastern District of California
    • March 15, 2018
    ...of his federal rights.Lemire v. California Dep't of Corr. and Rehab., 726 F.3d 1062, 1074-75 (9th Cir. 2013); Starr v. Baca, 652 F.3d 1202, 1205-08 (9th Cir. 2011). A. Due Process Claim - Fourteenth Amendment When a detainee challenges some aspect of his pretrial detention that is not alleg......
  • Mendez v. United States
    • United States
    • U.S. District Court — Eastern District of California
    • April 9, 2018
    ...at 676-77; Lemire, 726 F.3d at 1074-75; Lacey v. Maricopa County, 693 F.3d 896, 915-16 (9th Cir. 2012) (en banc); Starr v. Baca, 652 F.3d 1202, 1205-08 (9th Cir. 2011). As previously found (ECF No. 11), Plaintiff's allegations suffice to establish a serious medical need. The Court previousl......
  • In re Chrysler-Dodge-Jeep Ecodiesel Mktg.
    • United States
    • U.S. District Court — Northern District of California
    • March 15, 2018
    ...is an equally plausible interpretation in Plaintiffs' favor means that Plaintiffs survive a 12(b)(6) challenge. See Starr v. Baca , 652 F.3d 1202, 1216 (9th Cir. 2011) (noting that, "[i]f there are two alternative explanations, one advanced by defendant and the other advanced by plaintiff, ......
  • Demonte v. Griffith
    • United States
    • U.S. District Court — Eastern District of California
    • December 19, 2016
    ...of his federal rights. Lemire v. California Dep't of Corr. and Rehab., 726 F.3d 1062, 1074-75 (9th Cir. 2013); Starr v. Baca, 652 F.3d 1202, 1205-08 (9th Cir. 2011). Plaintiff's allegations must demonstrate that each defendant personally participated in the deprivation of his rights. Jones ......
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1 firm's commentaries
  • This Week At The Ninth: Deceptive Financial Advisory Services And Religious Speech
    • United States
    • Mondaq United States
    • December 21, 2022
    ...by plaintiff, both of which are plausible, plaintiff's complaint survives a motion to dismiss under Rule 12(b)(6).' Starr v. Baca, 652 F.3d 1202, 1216 (9th Cir. Because Plaintiff met her pleading burden on both her claims, the Court then considered whether the District had satisfied strict ......
9 books & journal articles
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    • James Publishing Practical Law Books Litigating Employment Discrimination Cases. Volume 1-2 Volume 2 - Practice
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    ...have been raised, however, as to Swierkiewicz’s continued viability in light of Twombly and Iqbal .”); see also Starr v. Baca , 652 F.3d 1202, 1215 (9th Cir. 2011) Pleading factual matter well in excess of “a short and plain statement of the claim” is a good idea not only because of Iqbal/T......
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    • Georgetown Law Journal No. 110-Annual Review, August 2022
    • August 1, 2022
    ...because supervisors aware of off‌icial’s record of discrimination toward and force against African-American prisoners); Starr v. Baca, 652 F.3d 1202, 1204-05, 1208 (9th Cir. 2011) (8th Amendment claim where deputy yelled at and kicked prisoner, resulting in pain, bleeding, and broken nose, ......
  • XI. Liability of Supervisors
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    • Sword and Shield: A Practical Approach to Section 1983 Litigation (ABA) Chapter 1 Fundamentals of Section 1983 Litigation
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    ...Cnty., 693 F.3d 896 (9th Cir. 2012) (en banc); L.L. Nelson Enters. v. City of St. Louis, 673 F.3d 799 (8th Cir. 2012); Starr v. Baca, 652 F.3d 1202 (9th Cir. 2011); Dodds v. Richardson, 614 F.3d 1185 (10th Cir. 2010), cert. denied, 131 S. Ct. 2150 (2011); T.E. v. Grindle, 599 F.3d 583. ...
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    • A Jailhouse Lawyer's Manual (2020 Edition) Chapter 16 Using 42 U.s.c. Section 1983 and 28 U.s.c. Section 1331 to Obtain Relief from Violations of Federal Law[*] (16 to 16 F) 16-c Your Lawsuit (16-c-1 to 16-c-8)
    • Invalid date
    ...(quoting Ashcroft v. Iqbal, 556 U.S. 662, 678-79, 129 S. Ct. 1937, 1949-50, 173 L. Ed. 2d 868, 884 (2009))); see also Starr v. Baca, 652 F.3d 1202, 1215-16 (9th Cir. 2011) (examining Twombly, Erickson, and Iqbal and finding two common principles: "[f]irst, to be entitled to the presumption ......
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