Donald Allen v. Charles Ryan

MEMORANDUM

Donald Alphonso Allen appeals pro se from the district court’s judgment dismiss ing his 42 U.S.G. § 1983 action alleging excessive force and deliberate indifference claims arising out of events that occurred while he was in Arizona state prison. We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm in part, reverse in part, and remand.

The district court properly dismissed Allen’s claims against defendants Ryan, Rider, Management Training Corporation, and “Capts, Sgts, and Lts of the first shift staff,” because Allen failed to allege facts sufficient to state a plausible claim for relief. See Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (a supervisor is liable under § 1983 only if he or she is personally involved in the constitutional deprivation or there is a “sufficient causal connection between the supervisor’s wrongful conduct and the constitutional violation” (citation and internal quotation marks omitted)). Moreover, the district court did not abuse its discretion by denying Allen’s motion for leave to amend his complaint against these defendants because amendment would have been futile.…