Steven Irvin v. Leroy Baca

MEMORANDUM

Steven Derrick Irvin, a California civil detainee, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging defendants used excessive force and denied him medical treatment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Hebbe v. Pliler, 627 F.3d 338, 341 (9th Cir.2010), and we affirm.

The district court properly dismissed the Irvin’s excessive force claim against Baca in his individual capacity because Irvin failed to allege facts sufficient to show that Baca was personally involved in the alleged constitutional violations. See Ashcroft v. Iqbal, 556 U.S. 662, 676 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009) (government officials not individually liable under § 1983 on theory of respondeat superior); Ivey v. Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir.1982) (“Vague and conclusory allegations of official participation in civil rights violations are not sufficient to withstand a motion to dismiss.”).

The district court also properly dismissed Irvin’s excessive force claim against Baca in his official capacity because Irvin failed to allege facts sufficient to show that a county policy or…