Hamren

Henderson v. Hamren

Good Law
32 F. App'x 493
United States Court of Appeals for the Ninth CircuitApril 15, 2002No. 01-15094; D.C. No. CV-99-05957-AWI (DLB)California358 words

Opinion

Lead Opinion

MEMORANDUM **

Curtis Lee Henderson, Sr., a California state prisoner, appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action alleging prison officials violated his constitutional rights when Henderson was disciplined for fighting with another inmate. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal. Barnett v. Centoni 31 F.3d 813, 816 (9th Cir.1994) (per curiam). We review for an abuse of discretion denial of leave to amend. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.2000) (en banc). We affirm.

The district court properly dismissed defendants Carey, Vaughn and Sullivan because Henderson failed to allege that these supervisory defendants personally participated in the alleged constitutional violations or had knowledge of the violations and failed to prevent them. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989) (liability under section 1983 only arises upon a showing of personal participation by the defendant).

The district court properly dismissed Henderson’s claim that he was denied due process when defendants took his personal property because a negligent or intentional deprivation of a prisoner’s property fails to…

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