William Kitchens v. Margaret Mims

Good Law
669 F. App'x 386
United States Court of Appeals for the Ninth CircuitSeptember 22, 201615-15230California308 words

Opinion

Opinion

MEMORANDUM

William Jackson Kitchens, a civil detainee, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional claims arising from his detention in Fresno County jail pending adjudication of his civil commitment under California’s Sexually Violent Predator Act. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo cross-motions for summary judgment. Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011). We affirm.

The district court properly granted summary judgment for defendant Mims because Kitchens failed to raise a genuine dispute of material fact as to whether Mims was personally involved in or caused a constitutional violation. See Starr v. Baca, 652 F.3d 1202, 1207 (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)); see also Red man v. County of San Diego, 942 F.2d 1435, 1449 (9th Cir. 1991) (en banc) (summary judgment was proper…

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