Jenghiz Stewart v. Unknown Parties

MEMORANDUM

Jenghiz K. Stewart, an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations in connection with his bipolar disorder and Tourette syndrome. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We may affirm on any basis 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.

The district court properly dismissed Stewart’s deliberate indifference and retaliation claims against prison correctional staff because Stewart failed to allege sufficient facts to demonstrate that these defendants violated his constitutional rights. See Farmer v. Brennan, 511 U.S. 825, 834-37 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994) (Eighth Amendment claim requires prison official to have a sufficiently culpable state of mind); Rhodes v. Robinson, 408 F.3d 559 , 567-68 (9th Cir.2005) (plaintiff must allege that the defendants took adverse action because of his protected conduct); see also Abagninin v. AMVAC Chem,. Corp., 545…