Rabieh v. Paragon Sys. Inc.
316 F. Supp. 3d 1103
N.D. Cal.2018Background
- Plaintiff Raad Zuhair Rabieh alleges that Paragon security employees physically detained, assaulted, and handcuffed him after he attempted to exit a federal building through an emergency exit; two SJPD officers later arrived, clarified they were not involved, and issued a misdemeanor battery citation (no formal charges).
- Defendants are Paragon Systems Inc. (private contractor) and five Paragon employees; action asserts constitutional claims (Bivens or § 1983) and state-law torts.
- Defendants moved to dismiss all claims under Rule 12(b)(6). The court considered whether Bivens remedies and § 1983 liability applied to private actors and to the private employer.
- Court concluded Bivens claims against Paragon and the individual employees are inappropriate and dismissed them without leave to amend.
- Court dismissed § 1983 claims against the employee-defendants and Paragon for failure to plausibly plead state action, but granted leave to amend those § 1983 claims.
- Court left state-law claims for potential amendment and permitted an amended complaint by a set deadline; warned procedural default if not amended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Availability of Bivens against Paragon (private corporation) | Rabieh seeks a Bivens remedy for constitutional violations committed by Paragon employees | Bivens does not extend to private corporations | Dismissed; Bivens unavailable against private corporations (without leave to amend) |
| Availability of Bivens against Employee Defendants (private individuals) | Employee-defendants violated constitutional rights; Bivens remedy should be implied | Expanding Bivens to these private actors in this context is disfavored; alternative remedies exist; special factors counsel hesitation | Dismissed; court declines to imply Bivens remedy against employees (without leave to amend) |
| § 1983 liability: joint action with police (state action) | Employee-defendants acted in concert with SJPD (huddling, coordinated conduct) | No concerted action; SJPD arrived after alleged misconduct and disclaimed involvement | Dismissed for failure to plead joint action; leave to amend allowed |
| § 1983 liability: public function or Paragon municipal-equivalent liability | Security guards were performing police-like, public functions; Paragon liable as supervisor/employer | Guards did not exercise powers "traditionally and exclusively governmental"; no respondeat superior under § 1983; no Monell policy/custom pleaded | Dismissed for failure to plead public-function or municipal policy; leave to amend as to § 1983 claims against employees/Paragon |
Key Cases Cited
- Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (recognizing implied damages remedy against federal officers)
- Corr. Servs. Corp. v. Malesko, 534 U.S. 61 (declining to extend Bivens to private corporations)
- Minneci v. Pollard, 565 U.S. 118 (declining Bivens where state-law tort remedies are adequate)
- Ziglar v. Abbasi, 137 S. Ct. 1843 (disfavoring expansion of Bivens and outlining new-context/special-factors analysis)
- Monell v. Dept. of Soc. Servs., 436 U.S. 658 (municipal liability under § 1983 requires an official policy or custom)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (test for attributing private conduct to the State for § 1983 purposes)
- Tsao v. Desert Palace, Inc., 698 F.3d 1128 (circuit discussion of tests for state action under § 1983)