Raymond Chester, Jr. v. John Demorales

MEMORANDUM

Raymond D. Chester, Jr., who is committed to a state psychiatric hospital facility, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants failed to protect him from assault by another patient. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Doe 1 v. Abbott Labs., 571 F.3d 930, 933 (9th Cir.2009), and we affirm.

The district court properly granted summary judgment on Chester’s failure to protect claim because Chester failed to raise a genuine dispute of material fact as to whether defendants substantially departed from accepted professional judgment, or were personally involved in the alleged constitutional violations. See Youngberg v. Romeo, 457 U.S. 307, 321-23 , 102 S.Ct. 2452 , 73 L.Ed.2d 28 (1982); Starr v. Baca, 652 F.3d 1202, 1208 (9th Cir.2011), cert. denied, — U.S. -, 132 S.Ct. 2101 , 132 L.Ed.2d 882 (2012).

The district court properly granted summary judgment on Chester’s failure to train claim because Chester failed to raise a genuine dispute as to whether the existing training program was inadequate, whether any failure to train was the result of defendants’ deliberate…