Anthony Herbert v. Caryn Vertucci

MEMORANDUM

Anthony G. Herbert, a former King County pretrial detainee, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious dental needs. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir.2011). We, affirm in part, vacate in part, and remand.

■ The district court properly granted summary judgment to defendant Dumas because Herbert failed to raise a genuine dispute of material fact as to whether Dumas was personally involved in any constitutional violation or whether his conduct caused any such violation. See Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir.2011) (requirements for establishing supervisory liability).

The district court properly granted summary judgment to defendants Schaeffer, Derrah, Beckman, and Desai because Herbert failed to raise a genuine dispute of material fact as to whether these defendants were deliberately indifferent to Herbert’s serious dental needs. See Toguchi v. Chung, 391 F.3d 1051, 1057-60 (9th Cir.2004) (a prison official is deliberately indifferent only if he or she…