Joel Zellmer v. Dow Constantine

MEMORANDUM

Washington state prisoner Joel M. Zellmer appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging excessive force and deliberate indifference to medical needs during his pretrial detention. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Gibson v. County of Washoe, Nev., 290 F.3d 1175, 1180 (9th Cir.2002) (summary judgment); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (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)). We affirm in part, reverse in part, and remand.

The district court properly dismissed defendant Constantine because Zellmer failed to show that Constantine had any personal involvement in the alleged violations. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (“Liability under [§ ] 1983 arises only upon a showing of personal participation by the defendant.”).

The district court properly granted summary judgment on Zellmer’s medical deliberate indifference claim because Zellmer failed to raise a genuine dispute of material fact as to whether he received inadequate care or whether defendants…