Kim

Darren Harris v. Kim

Good Law
483 F. App'x 329
United States Court of Appeals for the Ninth CircuitMay 22, 201211-15359California662 words

Opinion

Opinion

Darren Christopher Harris, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging First and Eighth Amendment violations. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm in part, vacate in part, and remand.

Dismissal of defendants Doe and Klarich was proper because Harris’s operative complaint failed to allege facts linking either defendant to a § 1983 violation. See Toguchi v. Chung, 391 F.3d 1051, 1057 (9th Cir.2004) (prison officials act with deliberate indifference only if they know of and disregard an excessive risk to a prisoner’s health); Ortez v. Washington County, Or., 88 F.3d 804, 809 (9th Cir.1996) (dismissal of claims proper where plaintiff failed to allege “specific facts linking each defendant to a § 1983 violation”).

Dismissal was also proper as to Harris’s claims that defendant Lowden was deliberately indifferent to his safety in connection with the use of a corrosive…

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