Broer

MEMORANDUM **

Mark F. Broer, who is civilly committed at the Special Commitment Center, appeals pro se the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that he was unconstitutionally deprived of mental health care treatment while he was in the custody of the Washington State Department of Corrections (“DOC”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and, after de novo review, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), we affirm.

The district court properly granted summary judgment because Broer failed to show that either Katherine Bail, the former chairperson of the Indeterminate Sentence Review Board, or Chase Riveland, the former DOC Secretary, personally participated in the alleged deprivation of his constitutional right to adequate mental health care treatment. See Jeffers v. Gomez, 267 F.3d 895, 915-16 (9th Cir.2001).

The district court did not abuse its discretion in denying Broer’s motion to amend because amendment would be futile. See Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir.1986) (en banc). The district court did not abuse its discretion in denying Broer’s motion for the appointment of counsel pursuant to…