Gregge v. California Department of Corrections

MEMORANDUM

California state prisoner Lorenzo Gregge, Jr., appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his health and safety. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal under 28 U.S.C. § 1915A for failure to state a claim, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We reverse and remand.

Gregge’s complaint, liberally construed, did not seek to allege a respondeat superior theory of liability. Rather, Gregge alleged that defendants implemented a policy that resulted in the denial of his constitutional rights. See Redman v. Cnty. of San Diego, 942 F.2d 1435, 1446 (9th Cir.1991) (en banc) (“Supervisory liability exists even without overt personal participation in the offensive act if supervisory officials implement a policy so deficient that the policy itself is a repudiation of constitutional rights and is the moving force of the constitutional violation.” (citations and internal quotation marks omitted)). Therefore, dismissal under 28 U.S.C. § 1915A was premature, and we reverse and remand for further proceedings.

Gregge shall bear his own…