JAMES DAVID MABB v. VENTURA COUNTY SHERIFF’S DEPARTMENT

District Court, C.D. California·Decided February 3, 2026·No. 2:25-cv-12321·Unknown

Opinion

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES—GENERAL

Case No. 2:25-cv-12321-AH-KES Date: February 4, 2026

Title: JAMES DAVID MABB v. VENTURA COUNTY SHERIFF’S DEPARTMENT

PRESENT:

THE HONORABLE KAREN E. SCOTT, U.S. MAGISTRATE JUDGE

Jazmin Dorado Not Present Courtroom Court Reporter Clerk

ATTORNEYS PRESENT FOR ATTORNEYS PRESENT FOR PLAINTIFF: DEFENDANT: None Present None Present

PROCEEDINGS (IN CHAMBERS): Order DISMISSING Plaintiff’s Complaint Without Prejudice and with Leave to Amend

I. BACKGROUND On December 23, 2025, James David Mabb (“Plaintiff”) filed a pro se civil rights complaint against the Ventura County Sheriff’s Department, a department of Ventura County (“Defendant”). (“Complaint” at Dkt. 1.) Plaintiff has been granted leave to proceed in forma pauperis (“IFP”) and waive the filing fee. (Dkt. 5.) When a Plaintiff proceeds IFP, 28 U.S.C. § 1915(a)(1) requires the court to dismiss the case at any time upon a determination that the case is “frivolous or malicious,” “fails to state a claim on which relief may be granted,” or “seeks monetary relief against a defendant who is immune from such relief.” Id. § 1915(e)(2). The Court has reviewed the Complaint and, for the reasons explained below, finds that it fails to state a claim against Defendant. The Complaint is therefore CIVIL MINUTES – GENERAL

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dismissed without prejudice and with leave to amend. II. LEGAL STANDARD A complaint may fail to state a claim for two reasons: (1) lack of cognizable legal theory, or (2) insufficient facts under a cognizable legal theory. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990) (as amended). To determine whether a complaint states a claim, the court assumes that the facts alleged in the complaint are true and interprets those facts in the light most favorable to the plaintiff. Lazy Y Ranch Ltd. v. Behrens, 546 F.3d 580, 588 (9th Cir. 2008). Furthermore, where the plaintiff is appearing pro se, the court must interpret the complaint liberally and give the plaintiff the benefit of any doubt. Karim-Panahi v. Los Angeles Police Dep’t, 839 F.2d 621, 623 (9th Cir. 1988). However, the liberal pleading standard only applies to a plaintiff’s factual allegations. “[A] liberal interpretation of a civil rights complaint may not supply essential elements of the claim that were not initially pled.” Bruns v. Nat’l Credit Union Admin., 122 F.3d 1251, 1257 (9th Cir. 1997) (quoting Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982)). A complaint must contain “more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). “Factual allegations must be enough to raise a right to relief above the speculative level … on the assumption that all the allegations in the complaint are true (even if doubtful in fact).” Id. “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). If the Court finds that a complaint should be dismissed for failure to state a claim, the Court has discretion to dismiss with or without leave to amend. Lopez v. Smith, 203 F.3d 1122, 1126-30 (9th Cir. 2000) (en banc). Where the plaintiff is pro se, leave to amend should be granted “even if no request to amend the pleading was made, unless [the court] determines that the pleading could not possibly be cured by the allegation of other facts.” Id. at 1130-31; see also Cato v. United States, 70 F.3d 1103, 1106 (9th Cir. 1995). CIVIL MINUTES – GENERAL

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However, if, after careful consideration, it is clear that a complaint cannot be cured by amendment, the court may dismiss without leave to amend. Cato, 70 F.3d at 1005-06; see, e.g., Chaset v. Fleer/Skybox Int’l, LP, 300 F.3d 1083, 1088 (9th Cir. 2002) (holding that “there is no need to prolong the litigation by permitting further amendment” where the “basic flaw” in the pleading cannot be cured by amendment). III. DISCUSSION A. Factual Allegations. Plaintiff states only that, “[i]nside [the Ventura County Jail, he] was assaulted by multiple officers and charged for battery on a peace officer.[]12/23/2003 also did 9 years[,] 8 months[’] term for … [t]ransportation for sale[] [of a controlled substance.” (Dkt. 1 at 4.) He alleges violations of 42 U.S.C. § 1982 and 18 U.S.C. § 242. (Id. at 2.) Plaintiff seeks $33 billion in compensatory and punitive damages. (Id. at 4.) B. Plaintiff Has Not Provided Enough Facts to Satisfy FRCP 8. Federal Rule of Civil Procedure (“FRCP”) 8 requires a complaint to include (1) “a short and plain statement of the claim showing that the [plaintiff] is entitled to relief,” and (2) “a demand for the relief sought, which may include relief in the alternative or different types of relief.” Fed. R. Civ. P. 8(a)(2)-(3). The reader must be able to “determine from the complaint who is being sued, for what relief, and on what theory, with enough detail to guide discovery.” McHenry v. Renne, 84 F.3d 1172, 1178 (9th Cir. 1996). Plaintiff’s use of the verb “assaulted” leaves much to the imagination—does he intend to convey that a verbal altercation took place, or was he physically assaulted and, if so, how? For example, was he kicked, spat upon, or wrestled to the ground? What led to the “assault”? To the extent Plaintiff is arguing that the officers used excessive force against him, it is unclear whether he is asserting a claim under the Eighth Amendment as a prisoner or the Fourteenth Amendment as a pretrial detainee. The only date Plaintiff has provided is December 23, 2003, but from the limited facts alleged, it is unclear what specifically occurred on that date. Finally, the Court cannot tell how the drug conviction is related to the apparent CIVIL MINUTES – GENERAL

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assault and subsequent charge for battery on a peace officer. There are nowhere near enough grounding facts here to satisfy the requirements of FRCP 8. C. Plaintiff Has No Civil Remedy Under 18 U.S.C. § 242. 18 U.S.C. § 242 is “a criminal statute that deals with the violation of civil rights under color of law” but it “does not provide a civil cause of action.” Gomes v. City of L.A., No.

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