Zdravko Kotzev v. Charles Ryan

MEMORANDUM

Former Arizona state prisoner Zdravko Kotzev appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his incarceration and community supervision. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment and the district court’s dismissal under Fed. R.Civ.P. 12(b)(6). Doe v. Abbott Labs., 571 F.3d 930, 933 (9th Cir.2009). We affirm.

The district court properly dismissed Kotzev’s claim for forcible spousal separation against defendants Ryan and Butcher because Kotzev failed to allege facts sufficient to link defendants to any constitutional violation. See Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (to survive a motion to dismiss, a plaintiff must allege facts that “allow [ ] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged”).

The district court properly dismissed Kotzev’s intentional infliction of emotional distress claim because Ryan and Butcher are immune under Arizona law. See Ariz. Rev.Stat. § 31-201.01(F) (“Any and all causes of action which may arise out of tort caused…