Donald Robin BARREN, Plaintiff-Appellant, v. Tom HARRINGTON, Defendant-Appellee, 152 F.3d 1193 (9th Cir. 1998). · Go Syfert
Donald Robin BARREN, Plaintiff-Appellant, v. Tom HARRINGTON, Defendant-Appellee, 152 F.3d 1193 (9th Cir. 1998). Cases Citing This Book View Copy Cite
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discussed Cited as authority (verbatim quote) Joseph Callan v. Jani Revier, in her individual capacity and in her official capacity as Director of the Idaho Department of Labor
D. Idaho · 2026 · quote attribution · 1 verbatim quote · confidence high
to state a valid claim for denial of access to the courts, a plaintiff must allege an actual injury.
discussed Cited as authority (verbatim quote) Paulus Irvin Perkins v. Gregory Holloway, et al.
W.D. Va. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Paulus Irvin Perkins v. Gregory Holloway, et al.
E.D. Va. · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Carmela Lynn Jackson-Lewis v. U.S. Department of Defense, et al.
D. Haw. · 2026 · quote attribution · 1 verbatim quote · confidence high
liability under 1983 must be based on the personal involvement of the defendant.
discussed Cited as authority (verbatim quote) Mario Alberto Hernandez v. Chandler, City of, et al.
D. Ariz. · 2026 · quote attribution · 1 verbatim quote · confidence high
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
discussed Cited as authority (verbatim quote) Ronald L. Seay v. California Department of Corrections/Rehabilitation, et al. (2×) also: Cited as authority (rule)
E.D. Cal. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Jamel Burt v. Nicolai Ramos, in his individual capacity; County of San Diego; Michael Alcarion, in his individual capacity; and Does 1–5
S.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, 11 not simply conclusions, t show that was personally involved in the 12 13 deprivation of his civil rights.
examined Cited as authority (verbatim quote) Jason Thor Leonard v. County of San Diego and Unknown Deputies
S.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) David Thompson v. E. Taboada, RJDCF Litigation Coordinator; M. Frederick, RJDCF Correctional Counselor (CCI); Does 1‒10, Mailroom Employees; CDCR
S.D. Cal. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a 27 plaintiff must allege facts, not simply conclusions, t show that was 28 personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Luis Salazar Juarez v. Sergeant Y. Abdi, et al.
S.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not 6 simply conclusions, that show that an individual was personally involved in the deprivation 7 of his civil rights.
examined Cited as authority (verbatim quote) Ritter v. Florence City Police Department
D. Or. · 2025 · quote attribution · 1 verbatim quote · confidence high
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.
discussed Cited as authority (verbatim quote) Manning v. Clackamas County Sheriff's Department
D. Or. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Ethridge v. California Department of Corrections and Rehabilitation (CDCR)
S.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence high
the language of 1915(e)(2)(b)(ii) parallels the 15 language of federal rule of civil procedure 12(b)(6).
discussed Cited as authority (verbatim quote) (PC) Seay v. California Department of Corrections/Rehabilitation (2×) also: Cited as authority (rule)
E.D. Cal. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a plaintiff must 1 allege facts, not simply conclusions, that show that an individual was personally involved in the 2 deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Montano v. State of Washington Department of Health
W.D. Wash. · 2025 · quote attribution · 1 verbatim quote · confidence high
liability 17 under 1983 must be based on the personal involvement of the defendant.
discussed Cited as authority (verbatim quote) (PC) Valencia v. Martinez
E.D. Cal. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a plaintiff must 7 allege facts, not simply conclusions, that show that an individual was personally involved in the 8 deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Mills v. U.S. Department Of Justice
E.D. Va. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Mitchell v. The Attorney Generals
E.D. Va. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Mason v. Murphy
E.D. Va. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Burt v. County of San Diego
S.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, t show that was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Herta v. Roberts
S.D. Cal. · 2025 · quote attribution · 1 verbatim quote · confidence high
the language of 1915(e)(2)(b)(ii) parallels the 28 language of federal rule of civil procedure 12(b)(6).
discussed Cited as authority (verbatim quote) Hightower v. County of San Diego
S.D. Cal. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must 15 allege facts, not simply conclusions, that show that an individual was personally involved 16 in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Frank Monaco Bazzo v. State of California (2×) also: Cited as authority (rule)
C.D. Cal. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a plaintiff must 12 allege facts, not simply conclusions, that show that an individual was personally involved in the 13 deprivation of his civil rights.
discussed Cited as authority (verbatim quote) (PC) Bazzo v. State of California (2×) also: Cited as authority (rule)
E.D. Cal. · 2025 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a plaintiff must 12 allege facts, not simply conclusions, that show that an individual was personally involved in the 13 deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Charles v. Brooks
E.D. Va. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Manlove v. County of San Diego
S.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, t show that was personally involved in the deprivation of 2 his civil rights.
examined Cited as authority (verbatim quote) Dean v. Appelate Defenders
S.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
the 11 prison litigation reform act . . . require the district court to dismiss in forma pauperis 12 prisoner civil rights suits if the court determines that the action does not state a claim 13 upon which relief may be granted.
discussed Cited as authority (verbatim quote) Dragasits v. Archuleta
S.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must 17 allege facts, not simply conclusions, that show that an individual was personally involved 18 in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Pulley v. Zoley
E.D. Va. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Herta v. Roberts
S.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
the language of 1915(e)(2)(b)(ii) parallels the 21 language of federal rule of civil procedure 12(b)(6).
discussed Cited as authority (verbatim quote) Herta v. Roberts
S.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
the language of 1915(e)(2)(b)(ii) parallels the 8 language of federal rule of civil procedure 12(b)(6).
discussed Cited as authority (verbatim quote) Pulley v. Zoley
E.D. Va. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Lane v. Armor Correctional Healthcare, Inc
E.D. Va. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Mason v. Walker
E.D. Va. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) (PC) Hodge v. Taylor
E.D. Cal. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
liability under 17 1983 must be based on the personal involvement of the defendant.
discussed Cited as authority (verbatim quote) Stuart v. Scottsdale, City of
D. Ariz. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
liability under 7 1983 must be based on the personal involvement of the defendant.
discussed Cited as authority (verbatim quote) Desper v. Sanders
E.D. Va. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) (PC) Magdaleno v. Cates
E.D. Cal. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was 23 personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) (PC)Jones v. Wasco State Prison
E.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not 22 simply conclusions, that show that an individual was personally involved in the deprivation of his 23 civil rights.
discussed Cited as authority (verbatim quote) (PC) Magdaleno v. Cates
E.D. Cal. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual 4 was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) (PC) Aytman v. Pfieffer
E.D. Cal. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not 12 simply conclusions, that show that an individual was personally involved in the deprivation of his 13 civil rights.
discussed Cited as authority (verbatim quote) Jean-Pierre Ronet v. Stephen Morrison (2×) also: Cited as authority (rule)
9th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Jones v. Madden
S.D. Cal. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, 1 not simply conclusions, that show an individual was personally involved in the deprivation 2 of his civil rights.
discussed Cited as authority (verbatim quote) Williams v. Brant
S.D. Cal. · 2023 · quote attribution · 1 verbatim quote · confidence high
a plaintiff 8 must allege facts, not simply conclusions, that show that was personally 9 involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) (PC) Glass v. Youngblood
E.D. Cal. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff 8 must allege facts, not simply conclusions, that show that an individual was personally involved 9 in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Burns v. Contract Doctors
S.D. Cal. · 2022 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege 26 facts, not simply conclusions, that show that an individual was personally involved in the 27 deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Leroy v. Armor Correctional Health Services, Inc.
E.D. Va. · 2022 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an 22 individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Taylor v. Aiken County School District
D.S.C. · 2021 · quote attribution · 1 verbatim quote · confidence high
liability ... must be based on the personal involvement of the defendant
discussed Cited as authority (verbatim quote) Harvey v. Hobbs
E.D. Va. · 2021 · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
discussed Cited as authority (verbatim quote) Gregory Harris v. James Dzurenda
9th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff must allege facts, not simply conclusions, that show that an individual was personally involved in the deprivation of his civil rights.
Retrieving the full opinion text from the archive…
98 Cal. Daily Op. Serv. 6618, 98 Daily Journal D.A.R. 9173 Donald Robin Barren
v.
Tom Harrington
98-15277.
Court of Appeals for the Ninth Circuit.
Aug 26, 1998.
152 F.3d 1193
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.