Damon Campbell v. Manuel Portillo

MEMORANDUM

Nevada state prisoner Damon Lamar Campbell appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging excessive use of force and deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm in part, reverse in part, and remand.

The district court properly granted summary judgment on Campbell’s deliberate indifference claim because Campbell failed to raise a genuine dispute of material fact as to whether defendants Clark and Beun were deliberately indifferent to Campbell’s injuries resulting from the altercation. See id. at 1057-60 (a prison official acts with deliberate indifference only if he or she knows of and disregards an excessive risk to the prisoner’s health; negligence and a mere difference in medical opinion are insufficient).

The district court properly granted summary judgment as to defendants Baca and Lindsay because Campbell failed to raise a genuine dispute of material fact as to whether Baca and Lindsay were personally involved in any constitutional violation or whether there was a causal…