Frederick Ward v. Gemma Waldron

MEMORANDUM

In these consolidated appeals, Frederick Louis Ward appeals pro se from the district court’s judgments dismissing his actions arising out of alleged excessive force and denial of adequate medical care. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under 28 U.S.C. § 1915A); Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005) (dismissal under Fed.R.Civ.P. 12(b)(6)). We affirm.

The district court properly dismissed the claims against Waldron and the City of Spark defendants because Ward failed to allege facts sufficient to show that defendants conspired to violate Ward’s constitutional rights or that Waldron was acting under color of state law. See Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 929 (9th Cir.2004) (“To state a claim for conspiracy to violate constitutional rights, the plaintiff must state specific facts to support the existence of the claimed conspiracy.” (citation and internal quotations omitted)); Simmons v. Sacramento Cnty.Super. Ct., 318 F.3d 1156, 1161 (9th Cir.2003) (conclusory allegations that attorney was conspiring with state officers are insufficient to support a…