James Kenner v. Correctional Officer Vidaurri

MEMORANDUM

Nevada state prisoner James Jefferson Kenner appeals pro se from the district court’s dismissal order and summary judgment in his 42 U.S.C. § 1983 action alleging due process violations and denial of adequate medical care. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Shwarz v. United States, 234 F.3d 428, 432 (9th Cir.2000), and the entry of summary judgment, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004). We affirm.

The district court properly dismissed Kenner’s damages claims against defendants in their official capacities because state officials acting in their official capacities are not “persons” subject to suit under § 1983. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989).

The district court properly granted summary judgment on Kenner’s due process claim because he failed to raise a genuine dispute of material fact as to whether his brief placement in administrative segregation for safety reasons raised a liberty interest warranting due process protections. See Sandin v. Conner, 515 U.S. 472, 486 , 115 S.Ct. 2293 , 132 L.Ed.2d 418 (1995)…