McDaughtery
McDaughtery v. Arce
Opinion
trial_court Opinion
DISCUSSION
12 Plaintiff alleges “staff” at CTF “conspired to murder” him and “agitated the general 13 population” to kill him by posting information on the internet that Plaintiff is a pedophile. (ECF 14 No. 1 at 2-3.) Plaintiff does not identify the staff members who took these actions or name them 15 as defendants. The only official he sues is the CTF Warden Carlos Arce, but he alleges no actions 16 or omissions by Arce. 17 At the pleading stage, “[a] plaintiff must allege facts, not simply conclusions, that show 18 that an individual was personally involved in the deprivation of his civil rights.” Barren v. 19 Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998). Plaintiff does not allege any conduct by Arce or 20 any involvement in the alleged violation of his rights. The fact that Arce was in a supervisory role 21 is not on its own sufficient to make him legally liable for his subordinates’ alleged violation of 22 Plaintiff’s rights. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (under no circumstances 23 is there respondeat superior liability under Section 1983). Accordingly, the complaint does not 24 state a claim that is capable of judicial determination…