AHADI MUHAMMAD V. CITY OF LONG BEACH, No. 16-55730 (9th Cir. 2017)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION MAY 17 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT AHADI ABU-AL MUHAMMAD, AKA Onofre Tommy Serrano, U.S. COURT OF APPEALS No. 16-55730 D.C. No. 2:13-cv-00208-AB-PLA Plaintiff-Appellant, MEMORANDUM* v. CITY OF LONG BEACH; et al., Defendants-Appellees. Appeal from the United States District Court for the Central District of California Andre Birotte, Jr., District Judge, Presiding Submitted May 8, 2017** Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges. Ahadi Abu-al Muhammad, a.k.a Onofre Tommy Serrano, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various claims stemming from his arrest and detainment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order) (dismissal under 28 U.S.C. § 1915(e)(2)). We reverse and remand. Dismissal of Muhammad’s action was premature because the allegations that Muhammad was stopped and arrested based on Muhammad’s race, liberally construed, are “sufficient to warrant ordering [defendants] to file an answer.” Wilhelm v. Rotman, 680 F.3d 1113, 1116 (9th Cir. 2012). We reverse the judgment and remand for further proceedings. REVERSED and REMANDED. 2 16-55730
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
