Ahmed Mohammad Elghembri v. Jane Doe, et al.

Summary

The United States District Court for the Northern District of California dismissed Ahmed Mohamed Elghembri’s 42 U.S.C. § 1983 action for failure to state a claim. The court held that allegations of verbal harassment, abuse, obscenities, and threats by prison personnel were not cognizable constitutional violations, and therefore also did not support claims against supervisory defendants.

Holdings

1. Allegations of verbal harassment and abuse, including mere threats, do not state a cognizable claim for relief under 42 U.S.C. § 1983.
2. When the complaint states no claim against the unnamed defendant, it likewise states no claim against the supervisory persons mentioned by plaintiff.

Questions Presented

1. Whether allegations that prison personnel made rude, offensive, or obscene statements and ordered plaintiff to leave a class state a cognizable claim under 42 U.S.C. § 1983.
2. Whether the first amended complaint states a claim against supervisory defendants when it alleges no underlying constitutional violation by the unnamed teacher.

Disposition

dismissed