Opinion

ABDUL RAHIM SABIR II v. ADAM BURKE, et al.

Court
District Court, N.D. California
Filed
Feb 4, 2026
Cited by
0 cases
Authority
More cited than 41.2%

The opinion

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4 UNITED STATES DISTRICT COURT

5 NORTHERN DISTRICT OF CALIFORNIA

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7 ABDUL RAHIM SABIR II, Case No. 25-cv-08369-WHO (PR)

Plaintiff,

8

ORDER DISMISSING COMPLAINT

v.

9 WITH LEAVE TO AMEND

10 ADAM BURKE, et al.,

Defendants.

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12 INTRODUCTION

13 Plaintiff Abdul Rahim Sabir claims that persons at the San Francisco Sheriff’s

14 Office violated his constitutional rights in various ways. His 42 U.S.C. § 1983 complaint

15 containing these allegations is now before me for review pursuant to 28 U.S.C. §

16 1915A(a).

17 The complaint fails to state any claim for relief. Sabir has not provided sufficient

18 factual information, such as the date on which the alleged wrongs occurred, the names and

19 official roles of the persons who committed these acts (he names defendants but does not

20 allege specific facts about them), and a specific description of what each person said and

21 did. He must allege specific facts tying a specific person to the exact wrong. Accordingly,

22 the complaint is DISMISSED with leave to file an amended complaint on or before March

23 16, 2026. Failure to file a proper amended complaint by March 16, 2026, may result in

24 dismissal of this action under Federal Rule of Civil Procedure 41(b) for failure to

25 prosecute.

26 Sabir has filed several lawsuits. Many of them are subject to dismissal because

27 mail sent by the Court to him has been returned as undeliverable, Sabir having failed to

1 must file a change of address notice in each of his cases, or they likely will be dismissed

2 under Federal Rule of Civil Procedure 41(b) for failure to prosecute.

3 STANDARD OF REVIEW

4 A federal court must conduct a preliminary screening in any case in which a

5 prisoner seeks redress from a governmental entity or officer or employee of a

6 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any

7 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim

8 upon which relief may be granted or seek monetary relief from a defendant who is immune

9 from such relief. See id. § 1915A(b)(1), (2). Pro se pleadings must be liberally construed.

10 See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1988).

11 A “complaint must contain sufficient factual matter, accepted as true, to ‘state a

12 claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)

13 (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial

14 plausibility when the plaintiff pleads factual content that allows the court to draw the

15 reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting

16 Twombly, 550 U.S. at 556). Furthermore, a court “is not required to accept legal

17 conclusions cast in the form of factual allegations if those conclusions cannot reasonably

18 be drawn from the facts alleged.” Clegg v. Cult Awareness Network, 18 F.3d 752, 754–55

19 (9th Cir. 1994).

20 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege two essential

21 elements: (1) that a right secured by the Constitution or laws of the United States was

22 violated, and (2) that the alleged violation was committed by a person acting under the

23 color of state law. See West v. Atkins, 487 U.S. 42, 48 (1988).

24 DISCUSSION

25 Sabir alleges that unnamed employees of the San Francisco County Jail are

26 “contributing to gang stalking” and are responsible for harassment and illegal monitoring

27 of prisoners. (Compl., Dkt. No. 1-3 at 2-3.) He also alleges that he is suffering mental

1 implausible.

2 “A person deprives another ‘of a constitutional right,’ within the meaning of section

3 1983, if he does an affirmative act, participates in another’s affirmative acts, or omits to

4 perform an act which he is legally required to do that causes the deprivation of which [the

5 plaintiff complains].” Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988) (quoting Johnson

6 v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978)). The inquiry into causation is individualized

7 and focuses on the duties and responsibilities of each individual defendant whose acts or

8 omissions are alleged to have caused a constitutional deprivation. Id. Defendants cannot

9 be held liable for a constitutional violation under 42 U.S.C. § 1983 unless they were

10 integral participants in the unlawful conduct. Keates v. Koile, 883 F.3d 1228, 1241 (9th

11 Cir. 2018).

12 In addition, supervisory defendants are not responsible simply because they are

13 supervisors. There is no respondeat superior liability under § 1983. Taylor v. List, 880

14 F.2d 1040, 1045 (9th Cir. 1989). It is not enough that the supervisor merely has a

15 supervisory relationship over the defendants; the plaintiff must show that the supervisor

16 “participated in or directed the violations, or knew of the violations and failed to act to

17 prevent them.” Id. Furthermore, supervisor defendants are entitled to qualified immunity

18 where the allegations against them are simply “bald” or “conclusory” because such

19 allegations do not “plausibly” establish the supervisors’ personal involvement in their

20 subordinates’ constitutional wrong. Iqbal, 556 U.S. at 675-82.

21 Sabir’s allegations fail to state a claim for relief. He has not provided sufficient

22 factual information, such as the date on which these events occurred, the names and

23 official roles of the persons who committed the wrongful acts, and specific facts about

24 what each person said and did. He names Adam Burke in the caption of his complaint but

25 does not allege that Burke committed any specific wrong. He names various prisoners as

26 defendants, but prisoners are not state actors and cannot be defendants in a 42 U.S.C. §

27 1983 action unless there is such a close nexus between the state and the challenged action

1 || Academy v. Tennessee Secondary Sch. Athletic Ass’n, 531 U.S. 288, 295-96 (2001). There

2 || are no specific facts, as opposed to conclusory allegations, showing any such nexus. Nor

3 || has he described the specific actions of any of these prisoners. And Sabir’s naming of San

4 || Franciso Sheriffs Office as a defendant without adequate facts showing liability is

5 || insufficient. In his amended complaint, Sabir must allege specific facts tying a specific

6 || person to the exact wrong.

7 The complaint is DISMISSED with leave to amend.

8 CONCLUSION

9 The complaint is DISMISSED with leave to file a first amended complaint on or

10 || before March 16, 2026. The amended complaint must include the caption and civil case

|| number used in this order (25-08369 WHO (PR)) and the words FIRST AMENDED

WL COMPLAINT must be written on the first page. The amended complaint must also appear

E 13 || on this Court’s form, a copy of which will be sent to him. Because an amended complaint

S 14 || completely replaces the previous complaints, plaintiff must include in his first amended

15 || complaint all the claims he wishes to present and all of the defendants he wishes to sue.

a 16 || See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). He may not incorporate

17 || material from the prior complaint by reference. Failure to file a proper amended complaint

18 by March 16, 2026 may result in dismissal of this action under Federal Rule of Civil

19 || Procedure 41(b) for failure to prosecute.

20 Sabir has filed several lawsuits. Many of them are subject to dismissal because

21 || mail sent by the Court to him has been returned as undeliverable, Sabir having failed to

22 || update his address to his current one in Sacramento. Whenever his address changes, Sabir

23 || must file a change of address notice in each of his cases, or they likely will be dismissed

24 || under Federal Rule of Civil Procedure 41(b) for failure to prosecute.

25 IT IS SO ORDERED. |

26 || Dated: February 4, 2026 \ 002

27 WILLIAM H. ORRICK

28 United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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