Valentine Underwood v. F. Gonzalez

MEMORANDUM

Valentine E. Underwood, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging retaliation and due process claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011). We affirm.

The district court properly dismissed Underwood’s retaliation claim related to his gang validation because Underwood failed to allege facts sufficient to show that defendant Turmezi had knowledge of Underwood’s protected conduct or that the remaining defendants personally participated in the gang validation process. See Rhodes v. Robinson, 408 F.3d 559, 567-68 (9th Cir. 2005) (elements of a First Amendment retaliation claim in the prison context); see also Wood v. Yordy, 753 F.3d 899, 905 (9th Cir. 2014) (explaining that “[m]ere speculation that defendants acted out of retaliation is not sufficient” to show that defendants knew of protected activity.); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (liability under § 1983 requires a showing of personal participation in alleged constitutional violation, or knowledge and…