Jason Sutton v. Ramon Ruiz

MEMORANDUM

Jason Lee Sutton, a Washington state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his safety. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Leer v. Murphy, 844 F.2d 628, 631 (9th Cir. 1988), and we affirm. W¿ may affirm on any ground supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008).

The district court properly granted summary judgment for defendants in their official capacity because Sutton failed to raise a genuine dispute of material fact as to whether a policy or custom of Washington State was a moving force behind the alleged violations. See Kentucky v. Graham, 473 U.S. 159, 166 , 105 S.Ct. 3099 , 87 L.Ed.2d 114 (1985) (“[I]n an official-capacity action ... a governmental entity is liable under § 1983 only when the entity itself is a moving force behind the depriva-tionf.]” (citation and internal quotation marks omitted)).

Summary judgment for defendants Franklin and Warner was proper because Sutton failed to raise a triable dispute as to whether they knew of or personally participated in the alleged violations. See…