Manse Sullivan v. Norm Kramer

MEMORANDUM

California civil detainee Manse Sullivan appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging federal and state law claims arising out of his placement in a state mental hospital where he is allegedly at risk of contracting valley fever. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii). Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm in part, reverse in part, and remand.

The district court properly dismissed Sullivan’s claims against defendants Kram er, Ahlin, Mayberg, Schwarzenegger, and the Fresno County Board of Supervisors because Sullivan failed to allege facts sufficient to state a plausible claim for relief under any viable legal theory against these defendants. See Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir.2011) (explaining supervisory liability under § 1983); Hebbe v. Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are to be liberally construed, a plaintiff still must present factual allegations sufficient to state a plausible claim for relief).

However, dismissal at this early stage of the proceedings…