Randee Vensor v. Tonya Schell

MEMORANDUM

Former Arizona prisoner Randee R. Vensor appeals the district court’s summary judgment in favor of prison officials in Vensor’s 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs and conditions of confinement. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm in part, vacate in part, and remand.

The district court properly granted summary judgment to defendant Schell because Vensor failed to raise a triable dispute of fact as to whether defendant Schell was deliberately indifferent to his serious medical needs. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989) (liability under a § 1988 claim arises “only upon a .showing of personal participation by the defendant”) (citation omitted); Mackie v. Rieser, 296 F.3d 909, 915-16 (9th Cir. 2002) (noting non-moving party must set forth non-speeulative evidence of specific facts to defeat summary judgment); Hallett v, Morgan, 296 F.3d 732, 745-46 (9th Cir. 2002) (where a prisoner is alleging that delay of medical treatment evinces deliberate indifference, the prisoner…