Cdcr

Swearington v. California Department of Corrections & Rehabilitation

Good Law
624 F. App'x 956
United States Court of Appeals for the Ninth CircuitJuly 30, 201514-16172California829 words

Opinion

Opinion

California state prisoner Dwayne Swearington appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging numerous claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Weilburg v. Shapiro, 488 F.3d 1202, 1205 (9th Cir.2007) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)). We may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d. 1116, 1121 (9th Cir.2008). We affirm.

The district court properly dismissed Swearington’s claims against the California Department of Corrections because those claims are barred by the Eleventh Amendment. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 , 104 S.Ct. 900 , 79 L.Ed.2d 67 (1984) (“[I]n the absence of consent a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh Amendment.”).

Dismissal of Swearington’s supervisory liability claims against defendants Wisneski, McDaniel, and Grooves was proper because Swearington failed to allege facts sufficient to show that…

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