Case: Tahir v. English

2:15-cv-01819 | U.S. District Court for the Western District of Washington

Filed Date: Nov. 18, 2015

Closed Date: Jan. 4, 2017

Clearinghouse coding complete

Case Summary

This is a case about an African American community member with a long history of activism, including organizing the Black Alliance For Education and founding the African American Heritage Museum and Cultural Center. The case cites a number of instances, including but not limited to his occupation of the Colman School, his wrongful arrest and eviction by Seattle Police, and a series of legal battles with the Seattle Public School District and alleges multiple violations of civil rights and other…

This is a case about an African American community member with a long history of activism, including organizing the Black Alliance For Education and founding the African American Heritage Museum and Cultural Center. The case cites a number of instances, including but not limited to his occupation of the Colman School, his wrongful arrest and eviction by Seattle Police, and a series of legal battles with the Seattle Public School District and alleges multiple violations of civil rights and other wrongful acts conducted on behalf of the Seattle Public School District. On November 18, 2015, the African American community activist filed a complaint in the U.S. District Court for the Western District of Washington. The plaintiff sued Ronald English, Larry Dorsey (both officials of the Seattle Public School District) and the Seattle Public School District No. 1 under 42 USC 1983, wrongful forcible eviction under RCW 59.10-59.20 and common law principles of false arrest and imprisonment, abuse of process, intentional infliction of emotional distress, and negligence. Represented pro se, Plaintiff sought general damages for pain and suffering, special damages for reasonable and necessary legal and medical expenses, for actual attorney’s fees and litigation costs, and for mandated court supervised trainings for the Seattle Public School District and its officers to properly train employees and officers on proper administrative procedure, Constitutional Rights of the public, and proper investigative and disciplinary procedures.

The Plaintiff claims a series of contractual and civil violations were committed against them. First, Plaintiff claims the Defendants violated a written purchase and sale agreement to convey to Plaintiffs a vacant school building that Plaintiffs had been using to conduct educational programming for 13 years. Plaintiff claims he was then wrongfully removed from a school board meeting and arrested. Next, Plaintiff claims his organization was a holdover tenant in the vacant Horace Mann School in Seattle and was wrongfully evicted from the premises on November 19, 2013. As a result of this, Plaintiffs were banned from all Seattle School district property, events, and meetings for one year. Plaintiffs appealed this ban to the Seattle Public School District and alleged there was a violation of process when Plaintiffs were not afforded sufficient notice of the hearing or notified of their right to file a supporting brief. Plaintiffs further alleged a due process violation as the decision to uphold the ban was not made by a judge, judicial officer, or even lawyer. Plaintiff states that they were permitted to resume their activities in Seattle Public School District facilities after a decision in the King County Superior Court. In Jasinowski-Kahl et al. v. Seattle Public School Dist. No. 1, No. 13-2-42159-3 SEA in the King County Superior Court in Washington State, Plaintiff appealed this denial, and received a modification to the ban, which allowed Plaintiff to attend all meetings held on District property that are open to the public. 

Defendants filed their answer to the complaint on April 20, 2016. On July 22, 2016, the Court ordered Plaintiff to show cause why this case should not be dismissed without prejudice, as Defendants represented that Plaintiff had been unresponsive to their outreach and attempts to prepare a joint status report. Plaintiff moved to recuse Judge Pechman due to adverse judgements she issued in other cases involving the Plaintiff. On August 12, 2016, the Court dismissed the case without prejudice for failure to prosecute.

Plaintiff appealed the dismissal to the Ninth Circuit on September 9, 2016. On December 13, 2016, the Ninth Circuit dismissed the appeal as frivolous and not taken in good faith.

Summary Authors

Simone Otenaike (9/18/2024)

Jeremy Jones (9/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13320759/parties/tahir-v-english/


Judge(s)

Pechman, Marsha J. (Washington)

Attorney for Plaintiff

Only, E-Service (Washington)

Tahir, Omari (Washington)

Attorney for Defendant

Chen, Derek Casey (Washington)

Estes, Stewart Andrew (Washington)

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Documents in the Clearinghouse

Document
6

2:15-cv-01819

Complaint for Violations of Civil Rights, False Arrest, Abuse of Process, Wrongful Forcible Eviction, Intentional Infliction of Emotional Distress, Negligence

Jan. 6, 2016

Jan. 6, 2016

Complaint
5

2:15-cv-01819

Order Granting Plaintiff's Amended Application to Proceed in Forma Pauperis

Jan. 6, 2016

Jan. 6, 2016

Order/Opinion
19

2:15-cv-01819

Defendants' Answer to Complaint and Affirmative Defenses

April 20, 2016

April 20, 2016

Pleading / Motion / Brief
25

Order to Show Cause

July 22, 2016

July 22, 2016

Order/Opinion
32

2:15-cv-01819

Judgment in a Civil Case

Aug. 12, 2016

Aug. 12, 2016

Order/Opinion
31

2:15-cv-01819

Order Dismissing Case without Prejudice for Failure to Prosecute

Aug. 12, 2016

Aug. 12, 2016

Order/Opinion
35

2:15-cv-01819

16-35734

Referral Notice

U.S. Court of Appeals for the Ninth Circuit

Sept. 13, 2016

Sept. 13, 2016

Other
36

2:15-cv-01819

Order Revoking In Forma Pauperis Status

Sept. 16, 2016

Sept. 16, 2016

Order/Opinion
37

2:15-cv-01819

16-35734

Order Denying Appellant's Motion to Proceed in Forma Pauperis and Dismissing Appeal

U.S. Court of Appeals for the Ninth Circuit

Dec. 13, 2016

Dec. 13, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13320759/tahir-v-english/

Last updated Dec. 20, 2025, 4:49 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to Proceed In Forma Pauperis before Judge Donohue, filed by Omari Tahir. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet, # 3 Motion to Appoint Counsel, # 4 Summons)(SG) (Entered: 11/24/2015)

Nov. 18, 2015

Nov. 18, 2015

3

MINUTE ORDER by Hon. James P. Donohue directing plaintiff to complete a new IFP application within 30 days. (PM)cc: plaintiff with IFP application (Entered: 12/02/2015)

Dec. 2, 2015

Dec. 2, 2015

4

AMENDED MOTION for Leave to Proceed In Forma Pauperis, filed by Omari Tahir. (Referred to Magistrate Judge Donohue)(RS) (Entered: 12/24/2015)

Dec. 23, 2015

Dec. 23, 2015

5

ORDER by Hon. James P. Donohue granting plaintiff's 4 Amended Motion for Leave to Proceed in forma pauperis. (PM) cc: plaintiff (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

Clearinghouse
6

COMPLAINT against All Defendants with JURY DEMAND (Receipt # IFP Granted), filed by Omari Tahir. (PM) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

Clearinghouse
7

MOTION to Appoint Counsel by Plaintiff Omari Tahir. Noted by Clerk for 1/22/2016. (PM) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

8

Summons Issued as to defendants. (sent to plaintiff via USPS) (PM) (Entered: 01/06/2016)

Jan. 6, 2016

Jan. 6, 2016

Summons Issued

Jan. 6, 2016

Jan. 6, 2016

9

ORDER REFERRING MOTION TO APPOINT COUNSEL by Judge Marsha J. Pechman. Plaintiff's 7 MOTION to Appoint Counsel is referred to the Pro Bono Screening Committee for review and recommendation. Clerk shall RENOTE the motion for 3/1/2016. (PM) cc: plaintiff, S. Haas (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

Docket Annotation/Remark (public entry)

Feb. 3, 2016

Feb. 3, 2016

Motion for appointment of counsel and supporting documentation forwarded to Pro Bono Screening Committee.(SH)

Feb. 3, 2016

Feb. 3, 2016

10

MOTION/PRAECIPE for U.S. Marshals Service by Plaintiff Omari Tahir. Noted by Clerk for 2/26/2016. (PM) (Entered: 02/16/2016)

Feb. 10, 2016

Feb. 10, 2016

11

ORDER by Judge Marsha J. Pechman denying plaintiff's 7 MOTION to Appoint Counsel and granting plaintiff's 10 MOTION for Order Directing Service of Summons and Complaint. Clerk directed to effect service by Certified Mail upon Ronald English, Larrry Dorsey and Seattle Public School District No. 1. (PM) cc: plaintiff (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

12

RETURN RECEIPT (Green Card) re service by certified mail executed upon Ronald English (CDA) (Entered: 03/24/2016)

March 23, 2016

March 23, 2016

13

RETURN RECEIPT (Green Card) re service by certified mail executed upon Seattle Public School District No 1 (CDA) (Entered: 03/24/2016)

March 23, 2016

March 23, 2016

14

RETURN RECEIPT (Green Card) re service by certified mail executed upon Larry Dorsey (CDA) (Entered: 03/24/2016)

March 23, 2016

March 23, 2016

15

NOTICE of Appearance by attorney Stewart Andrew Estes on behalf of Defendants Larry Dorsey, Ronald English, Seattle Public School District No. 1. (Estes, Stewart) (Entered: 04/07/2016)

April 7, 2016

April 7, 2016

Add and Terminate Attorneys

April 8, 2016

April 8, 2016

Attorney Derek Casey Chen for defendants added; per 15 Notice of Appearance. (RS)

April 8, 2016

April 8, 2016

16

WAIVER OF SERVICE of summons upon defendant Larry Dorsey mailed on 4/15/2016; Seattle Public School District No. 1 mailed on 4/15/2016 (Estes, Stewart) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

17

WAIVER OF SERVICE of summons upon defendant Ronald English mailed on 4/15/2016 (Estes, Stewart) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

18

WAIVER OF SERVICE OF SUMMONS SEATTLE SCHOOL DISTRICT NO. 1 by Defendants Larry Dorsey, Ronald English, Seattle Public School District No. 1 (Estes, Stewart) (Entered: 04/19/2016)

April 19, 2016

April 19, 2016

19

ANSWER to 6 Complaint and Affirmative Defenses with JURY DEMAND by Larry Dorsey, Ronald English, Seattle Public School District No. 1.(Estes, Stewart) (Entered: 04/20/2016)

April 20, 2016

April 20, 2016

Clearinghouse
20

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 6/8/2016, FRCP 26f Conference Deadline is 5/25/2016, Initial Disclosure Deadline is 6/1/2016, by Judge Marsha J. Pechman. (RM) Copy to Omari Tahir. (Entered: 04/27/2016)

April 27, 2016

April 27, 2016

21

MINUTE ORDER: At the request of Plaintiff, an extension of time to file the joint status report is granted. The report will be due on 7/8/2016. All other FRCP 26-related deadlines are adjusted accordingly. Failure to adhere to these deadlines may result in sanctions, up to and including dismissal of this action. Authorized by Judge Marsha J. Pechman. (RM) Copy sent to Omari Tahir. (Entered: 05/27/2016)

May 27, 2016

May 27, 2016

~Util - Set/Reset Deadlines AND 2 - Minute Order

May 27, 2016

May 27, 2016

22

NOTICE: Plaintiff Omari Tahir has registered to receive electronic service. The party WILL NOT be e-filing. (vb) (Entered: 06/06/2016)

June 6, 2016

June 6, 2016

23

JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. Filed by Defendants Larry Dorsey, Ronald English, Seattle Public School District No. 1.(Chen, Derek) (Entered: 07/08/2016)

July 8, 2016

July 8, 2016

RECAP
24

MINUTE ORDER notifying the parties that on 9/1/2016, this case will be reassigned to Judge Barbara Jacobs Rothstein. Authorized by Judge Marsha J. Pechman. (RM) (Entered: 07/12/2016)

July 12, 2016

July 12, 2016

2 - Minute Order

July 12, 2016

July 12, 2016

25

ORDER TO SHOW CAUSE by Judge Marsha J. Pechman directing Plaintiff to SHOW CAUSE why this case should not be dismissed without prejudice for failure to prosecute. Show Cause Response due in 14 days from this order. (PM) (Entered: 07/22/2016)

July 22, 2016

July 22, 2016

26

MOTION to Recuse and RESPONSE to Court's Order to Show Cause by Plaintiff Omari Tahir. (AD) (Entered: 08/04/2016)

Aug. 3, 2016

Aug. 3, 2016

27

RESPONSE, by Defendants Larry Dorsey, Ronald English, Seattle Public School District No. 1, to 26 MOTION for Recusal. (Chen, Derek) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

28

DECLARATION of DERECK C. CHEN filed by Defendants Larry Dorsey, Ronald English, Seattle Public School District No. 1 re 26 MOTION for Recusal (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Chen, Derek) (Entered: 08/10/2016)

Aug. 10, 2016

Aug. 10, 2016

29

ORDER by Judge Marsha J. Pechman denying Plaintiff's 26 MOTION to Recuse. The Court declines to recuse itself from this matter. It is ordered that the matter is referred to U.S. Chief District Judge Ricardo S. Martinez. (PM) (Entered: 08/11/2016)

Aug. 11, 2016

Aug. 11, 2016

30

ORDER ON REVIEW OF REFUSAL TO RECUSE re plaintiff's 26 Motion for Recusal by Judge Ricardo S Martinez.(RS) cc pltf (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

31

ORDER DISMISSING CASE WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE by Judge Marsha J. Pechman. (RS) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

Clearinghouse
32

JUDGMENT BY COURT dismissing action without prejudice (RS) (Entered: 08/12/2016)

Aug. 12, 2016

Aug. 12, 2016

Clearinghouse
33

NOTICE OF APPEAL (16-35734) to Ninth Circuit re 31 Order by Plaintiff Omari Tahir. (IFP Granted 1/06/2016). (RE) Modified on 9/12/2016 to add CCA#. (RE) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

34

TIME SCHEDULE ORDER (16-35734) as to 33 Notice of Appeal filed by Omari Tahir: Appellants optional reply brief due within 14 days of service of the response brief. (RE) (Entered: 09/12/2016)

Sept. 12, 2016

Sept. 12, 2016

35

MOTION/REFERRAL NOTICE FROM NINTH CIRCUIT COURT OF APPEALS (16-35734): This matter is referred to the district court for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. See 28 U.S.C. § 1915 (a)(3); see also Hooker v. American Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002) (revocation of forma pauperis status is appropriate where district court finds the appeal to be frivolous). If the district court elects to revoke in forma pauperis status, the district court is requested to notify this court and the parties of such determination within 21 days of the date of this referral. If the district court does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to Fed. R. App. P. 24(a). This referral shall not affect the briefing schedule previously established by this court. (RE) (Entered: 09/14/2016)

Sept. 13, 2016

Sept. 13, 2016

Clearinghouse
36

ORDER Revoking In Forma Pauperis Status by Judge Marsha J. Pechman. (cc Ninth Circuit)(RE) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

Clearinghouse
37

ORDER of USCA (16-35734) as to 33 Notice of Appeal filed by Omari Tahir. The district court certified that this appeal is not taken in good faith and revoked appellants in forma pauperis status. See 28 U.S.C. § 1915(a). On September 28, 2016, the court ordered appellant to explain in writing why this appeal should not be dismissed as frivolous. See 28 U.S.C. § 1915(e) (2) (court shall dismiss case at any time, if court determines it is frivolous or malicious). Upon a review of the record and appellants response to the courts September 28, 2016 order, we conclude this appeal is frivolous. We therefore deny appellants motion to proceed in forma pauperis (Docket Entry No. 8) and dismiss this appeal as frivolous, pursuant to 28 U.S.C. § 1915(e)(2). DISMISSED. (RE) (Entered: 12/13/2016)

Dec. 13, 2016

Dec. 13, 2016

Clearinghouse
38

MANDATE of USCA (16-35734) as to 33 Notice of Appeal filed by Omari Tahir. The judgment of this Court, entered December 13, 2016, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. DISMISSED.(SG) (Entered: 01/06/2017)

Jan. 4, 2017

Jan. 4, 2017

Case Details

State / Territory:

Washington

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Nov. 18, 2015

Closing Date: Jan. 4, 2017

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff is an activist with long standing connections to the Seattle area. They are also the founder of the African American Heritage Museum and Cultural Center.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ronald English, City

Larry Dorsey, City

Seattle Public School District No. 1, City

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

Western District of Washington 2:15-cv-01819

U.S. Court of Appeals for the Ninth Circuit 16-35734

Available Documents:

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Content of Injunction:

Implement complaint/dispute resolution process

Training

Amount Defendant Pays: $0

Issues

General/Misc.:

Aggressive behavior

Assault/abuse by staff

Pattern or Practice

Discrimination Basis:

Race discrimination