Michael Martinez v. Max Williams

MEMORANDUM

Former Oregon state prisoner Michael M. Martinez appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations in connection with a prison guard’s shooting of Martinez during a prison yard riot. We have jurisdiction under 28 U.S.C. § 1291 . We' review de novo. Day v. Apoliona, 616 F.3d 918, 924 (9th Cir.2010). We affirm as to the claims against Williams and Nooth, and reverse as to the claims against Fletcher.

The district court properly granted summary judgment as to Williams and Nooth because Martinez failed to raise a genuine dispute of material fact as to whether either was “personally involved in the deprivation of his civil rights.” Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order).

To the extent that Martinez alleges that Williams and Nooth are liable based on their promulgation or implementation of an unconstitutional use-of-force policy, summary judgment was proper because Martinez has failed to raise a genuine dispute of material fact as to whether the Oregon Department of Corrections’ policy is “so deficient that the policy itself is a repudiation of constitutional rights and is…