Donald Robin BARREN v. Tom HARRINGTON, 152 F.3d 1193 (9th Cir. 1998). · Go Syfert
Donald Robin BARREN v. Tom HARRINGTON, 152 F.3d 1193 (9th Cir. 1998). Cases Citing This Book View Copy Cite
Quick Summary

A court may dismiss an in forma pauperis complaint sua sponte for failure to state a claim because the language of 28 U.S.C. § 1915(e)(2)(B)(ii) parallels Federal Rule of Civil Procedure 12(b)(6).

A prisoner filed a third amended complaint alleging various constitutional violations, including conspiracy to deny Fourth Amendment rights, due process violations, and denial of access to the courts. The district court dismissed the complaint sua sponte under 28 U.S.C. § 1915(e). The court considers whether the plaintiff stated a claim upon which relief could be granted. To establish liability under Section 1983, a plaintiff must allege specific facts, rather than mere conclusions, demonstrating that a defendant was personally involved in the deprivation of civil rights. Because the plaintiff failed to allege personal involvement, discriminatory intent, or actual injury, the dismissal is appropriate.

2,025 citation events (2,011 in the last 25 years) across 32 distinct courts.
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Cited for
At page 1194 Personal involvement required for civil rights deprivation claims1,504 citing casesA plaintiff must allege facts, not simply conclusions, that show that an nature, taken in the complete absence of all jurisdiction.” Jd. at 11-12. The actions alleged do not involve either exception. 14 individual was personally involved in the deprivation of his civil rights.35 citing courts put it this way · 224 listed here
  • Sparks, No. 2:25-cv-00369 (D. Or. Sept. 21, 2026).
    ([L]iability under [Section] 1983 must be based on the personal involvement of the defendant.)
  • Lamoureux, No. 3:26-cv-00198 (D. Alaska Aug. 19, 2026).
    (Liability under § 1983 must be based on the personal involvement of the defendant.)
  • Rosenthal, No. 3:25-cv-00484 (D. Or. July 28, 2026).
    (A plaintiff must allege facts, not simply conclusions, t[o] show that [each defendant] was personally involved in the deprivation of his civil rights.)
  • Perkins, No. 7:26-cv-00098 (W.D. Va. Feb. 4, 2026).
    (A plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.)
  • Perkins, No. 1:25-cv-00295 (E.D. Va. Feb. 4, 2026).
    (A plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.)
  • Jackson-Lewis, No. 1:25-cv-00539 (D. Haw. Jan. 20, 2026).
    (Liability under [Section] 1983 must be based on the personal involvement of the defendant.)
  • Hernandez, No. 2:23-cv-01400 (D. Ariz. Jan. 8, 2026).
    (A plaintiff 6 must allege facts, not simply conclusions, that show that an individual was personally 7 involved in the deprivation of his civil rights)
  • Ronald L. Seay v. California Dep't of Corr./Rehab., No. 1:25-cv-00177 (E.D. Cal. Nov. 17, 2025). 2 cites
    (A plaintiff must 14 allege facts, not simply conclusions, that show that an individual was personally involved in the 15 deprivation of his civil rights.)
  • Burt, No. 3:24-cv-00662 (S.D. Cal. Nov. 14, 2025).
    (A plaintiff must allege facts, 11 not simply conclusions, t[o] show that [each defendant] was personally involved in the 12 13 deprivation of his civil rights.)
  • Thompson, No. 3:25-cv-01921 (S.D. Cal. Oct. 28, 2025).
    (A 27 plaintiff must allege facts, not simply conclusions, t[o] show that [each defendant] was 28 personally involved in the deprivation of his civil rights.)
Show 214 more citing cases
At page 1195 Alleging actual injury for denial of court access9 citing casesTo state a valid claim for denial of access to the courts, a plaintiff must allege an actual injury.1 citing court put it this way
At page 1193 “a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.”7 citing cases34 citing courts quote it
  • Leonard, No. 3:25-cv-00842 (S.D. Cal. Nov. 10, 2025).
    “the statutory authority is clear: 'the court shall 9 dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to 10 state a claim on which relief may be granted.”
  • Feng v. Cnty. of Santa Clara, No. 3:19-cv-06877 (N.D. Cal. Dec. 26, 2019).
    “A plaintiff must allege facts, not simply conclusions, that show that an individual 21 was personally involved in the deprivation of his civil rights.”
  • (PC) Meneese v. Hill, No. 2:23-cv-00976 (E.D. Cal. Sept. 19, 2023).
    “A plaintiff must allege facts, not simply conclusions, that show that 12 an individual was personally involved in the deprivation of his civil rights.”
  • Lacy v. Fresno Cnty. Sheriff's Off., No. 1:25-cv-00832 (E.D. Cal. July 16, 2025).
    “A plaintiff must allege facts, not simply conclusions, that show 13 that an individual was personally involved in the deprivation of his civil rights.”
  • Barfield v. Doe, No. 3:24-cv-00630 (S.D. Cal. Mar. 24, 2025).
    “A plaintiff must allege facts, not simply conclusions, t[o] show that [each 20 defendant] was personally involved in the deprivation of his civil rights.”
  • Wolinski v. Moseley, No. 3:25-cv-00802 (S.D. Cal. Aug. 5, 2025).unpublished
    “A plaintiff must allege facts, not simply conclusions, that show that 3 an individual was personally involved in the deprivation of his civil rights.”
  • (PC) Gomez v. CDCR, No. 2:20-cv-00198 (E.D. Cal. Oct. 22, 2024).
    “Liability under § 1983 must be based on the personal involvement 18 of the defendant”
Quoted next to this citation, but not language from this opinion
“A plaintiff must allege facts, not simply conclusions, t[o] 5 show that [each defendant] was personally involved in the deprivation of his civil 6 rights.”quoted beside the cite; not in this opinion · 2 citing cases listed
  • Thomas v. Chu, No. 3:20-cv-00245 (S.D. Cal. May 14, 2021).
    “A plaintiff must allege facts, not simply conclusions, t[o] 5 show that [each defendant] was personally involved in the deprivation of his civil 6 rights.”
  • Jones v. Cnty. of San Diego, No. 3:20-cv-01989 (S.D. Cal. Mar. 10, 2022).
    “[a] plaintiff must allege facts, not simply conclusions, t[o] 3 show that [each defendant] was personally involved in the deprivation of his civil 4 rights”
Retrieving the full opinion text from the archive…
Donald Robin Barren
v.
Tom Harrington
98-15277.
Court of Appeals for the Ninth Circuit.
Aug 26, 1998.
Published opinion
152 F.3d 1193
98 Cal. Daily Op. Serv. 6618
1998 U.S. App. LEXIS 20808
1998 WL 537934
Also reported at 98 Cal. Daily Op. Serv. 6618; 98 Daily Journal D.A.R. 9173
Donald Robin Barren, Carson City, NY, pro se., No appearance for defendant-appellee.
O'Scannlain, Rymer, Hawkins.
Cited by 1,806 opinions  |  Published
9 passages pin-cited by 9 cases
Pinpoint authority: #7,870 of 633,719
Citer courts: S.D. California (4) · E.D. California (3) · C.D. California (1) · N.D. California (1)

ORDER

Barren appeals the district court’s order sua sponte dismissing the third amended complaint of his § 1983 action filed in forma pauperis against various members of the Nevada state law enforcement community. We have jurisdiction pursuant to 28 U.S.C. § 1291.

The district court dismissed pursuant to 28 U.S.C. § 1915(e), holding that Barren had failed to present claims cognizable under § 1983. The Prison Litigation Reform Act of 1996, Pub.L. No. 104-134, §§ 801-10, 110 Stat. 1321, amended § 1915 to require the district court to dismiss in forma pauperis prisoner civil rights suits if the court determines that the action does not state a claim upon which relief may be granted. § 1915(e)(2)(B)(ii). The language of § 1915(e)(2)(B)(ii) parallels the language of Federal Rule of Civil Procedure 12(b)(6). We join our sister circuits and employ the same de novo standard to review such dismissals as we use to review dismissals pursuant to 12(b)(6). See Black v. Warren, 134 F.3d 732, 733 (5th Cir.1998); Mitchell v. Farcass, 112 F.3d 1483, 1489-90 (11th Cir.1997); McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir.1997); Atkinson v. Bohn, 91 F.3d 1127, 1128 (8th Cir.1996).

The statutory authority is clear: “the court shall dismiss the case at any time if the court determines that ... the action or appeal ... fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii) (emphasis added).

Barren’s complaint comprised four separate allegations. Count I alleged that the defendants had conspired to deny him his Fourth Amendment rights by bringing charges against him without probable cause, thus causing him to be incarcerated for 156 days before the charges were dismissed. Count II alleged that his due process rights were violated when he was held from May 1995 to October 1995 without a hearing. Count III alleged that he was denied the equal protection of the laws and was denied his First Amendment right of access to the courts when the defendants caused his brass slip requesting payment of a court ordered $5 filing fee to be denied. Count IV alleged that the appellant was denied access to the courts when his brass slip was denied, resulting in the dismissal of his lawsuit, Barren v. Harrington, CV-N-96-254-DWH.

A plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights. Liability under § 1983 must be based on the personal involvement of the defendant. May v. Enomoto, 633 F.2d 164, 167 (9th Cir.1980). Barren has failed to meet this standard by failing to allege any facts which would support his allegations that the defendants had conspired to violate his Fourth Amendment rights, and by failing to allege any specific proceedings in which his due process rights were violated.

To state a claim under 42 U.S.C. § 1983 for a violation of the Equal Protection Clause of the Fourteenth Amendment a plaintiff must show that the defendants acted with an intent or purpose to discriminate against the plaintiff based upon membership in a protected class. Washington v. Davis, 426 U.S. 229, 239-40, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976); Sischo-Nownejad v. Merced Community College Dist., 934 F.2d[*1195] 1104, 1112 (9th Cir.1991); Gutierrez v. Municipal Court of the Southeast Judicial District, 838 F.2d 1031, 1047 (9th Cir.1988) (purposeful discrimination is an essential element of an equal protection claim). Barren has not demonstrated that he is a member of a protected class.

To state a valid claim for denial of access to the courts, a plaintiff must allege an actual injury. Linda R.S. v. Richard D., 410 U.S. 614, 617, 93 S.Ct. 1146, 35 L.Ed.2d 536 (1973). Barren has not alleged that he has suffered an actual injury.

Barren has offered no more than concluso-ry allegations that the defendants were involved in a conspiracy to deprive him of his constitutional rights. Consequently, the district court did not err in dismissing this third amended complaint.

AFFIRMED.