Mario Williams v. Alvaro Traquina

Good Law
599 F. App'x 311
United States Court of Appeals for the Ninth CircuitMarch 20, 201514-16188California193 words

Opinion

Opinion

MEMORANDUM

Mario A. Williams, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging an Eighth Amendment violation in connection with the treatment of his right hand. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment for defendants because Williams failed to raise a genuine dispute of material fact as to whether defendants knew of and consciously disregarded a substantial risk to his health. See id. at 1057 (prison officials act with deliberate indifference only if they know of and disregard a “substantial risk of serious harm” to prisoner); see also Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir.2011) (requirements for establishing supervisory liability); Cafasso, U.S. ex rel. v. Gen. Dynamics Ch Sys., Inc., 637 F.3d 1047, 1061 (9th Cir.2011) (“To survive summary judgment, a plaintiff must set forth non-speculative evidence of specific facts, not sweeping conclusory allegations.”).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except…

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