Hipolito Chacoan v. Alvaro Traquina

MEMORANDUM

Hipólito Chacoan appeals from the judgment issued by the district court after a jury’s determination that Dr. Alvaro Tra-quina, the Chief Medical Officer at California State Prison, Solano, was not deliberately indifferent to Chacoan’s serious medical needs. We affirm.

(1) Chacoan asserts that the district court erred when it instructed the jury on the elements he had to prove to establish supervisory deliberate indifference by Dr. Traquina. We disagree. The instruction given was sufficient to inform the jury that Dr. Traquina could be found responsible for his own deliberate indifference if he failed to act to prevent harm caused by the deliberately indifferent conduct of his subordinates that was known to him. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658 , 663 n. 7, 691, 98 S.Ct. 2018, 2022, 2036 , 56 L.Ed.2d 611 (1978); Lemire v. Cal. Dep’t of Corr. & Rehab., 726 F.3d 1062, 1074-75 (9th Cir.2013); Taylor v. List, 880 F.2d 1040 , 1045 (9th Cir.1989); see also OSU Student Alliance v. Ray, 699 F.3d 1053, 1069, 1071 (9th Cir.2012) (pleading standards), cert. denied, — U.S.-, 134 S.Ct. 70 , 187 L.Ed.2d 29 (2013); Starr v. Baca, 652 F.3d 1202, 1205-07 (9th Cir. 2011)…