Awad v. Dr. Birbenk
- William Orrick
- 3:22-cv-00665
- U.S. District Court · Northern District of California
- 1
In Awad v. Dr. Birbenk, Judge Orrick dismissed Awad’s federal civil-rights suit without prejudice because Birbenk was a private actor.
The dismissal ended Abdulhadi Naim Awad’s federal civil-rights case against Dr. Birbenk, while leaving the opinion’s stated possibility of pursuing claims in state court.
What happened
In Abdulhadi Naim Awad v. Dr. Birbenk, Awad sued Dr. Birbenk under a federal civil-rights law for conduct related to an operation on Awad’s hand.
The court said the operation occurred while Birbenk worked at Queen of the Valley Hospital, which the opinion identifies as a private Catholic hospital. Because Birbenk was a private person rather than a state actor, the court found that he could not be sued under that law.
Judge William Orrick dismissed the federal case without prejudice to Awad pursuing his claims in state court. The clerk was directed to enter judgment for Birbenk and close the file.
The detailed version
- Awad v. Dr. Birbenk · No. 3:22-cv-00665
- William Orrick
- June 2, 2023
Background
Abdulhadi Naim Awad brought a lawsuit under 42 U.S.C. § 1983, a federal civil-rights statute that generally allows suits against people acting for the state, against Dr. Birbenk. Birbenk was the sole remaining defendant. The opinion says that Birbenk operated on Awad’s hand while employed at Queen of the Valley Hospital, which the opinion identifies as a private Catholic hospital.
Court’s reasoning
The court held that Birbenk was a private actor, not a state actor. Acting under color of state law—that is, using authority or power connected to the state—is an essential element of a claim under Section 1983. Because Awad’s allegations did not establish that Birbenk acted under color of state law, Birbenk could not be held liable under Section 1983.
Disposition
The court dismissed the federal civil-rights action without prejudice to Awad pursuing his claims in state court. The clerk was ordered to enter judgment in favor of Birbenk and close the file. Judge William Orrick signed the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.