Alfred Shallowhorn v. A. Molina
Opinion
Opinion
MEMORANDUM
California state prisoner Alfred Eugene Shallowhorn appeals the district court’s 28 U.S.C. § 1915A dismissal, with prejudice, of his First Amended Complaint (“FAC”) alleging violations of the First, Eighth, and Fourteenth Amendments, the Ex Post Facto Clause, and California law based on the deprivation of his visitation privileges. We review de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and affirm.
The district court properly dismissed Shallowhorn’s claims against Warden Hedgpeth because Shallowhorn failed to allege Hedgpeth’s personal involvement with any constitutional violation. See Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (“Liability under § 1983 must be based on the personal involvement of the defendant.”). “There is no respon-deat superior liability under section 1983,” Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989), and there were no allegations indicating a “failure to train amount[ing] to deliberate indifference to the rights of persons with whom the [prison officials] come into contact,” City of Canton v. Harris, 489 U.S. 378, 388 , 109 S.Ct. 1197 , 103 L.Ed.2d 412 (1989).