Fred Gilbert v. Claude Finn

MEMORANDUM

Former California state prisoner Fred Dwayne Gilbert appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to his health and safety. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly granted summary judgment to defendant Wright because Gilbert failed to raise a genuine dispute of material fact as to whether Wright was deliberately indifferent to his medical needs. See id. at 1057-60 (discussing deliberate indifference standard); see also Nelson v. Pima Cmty. Coll., 83 F.3d 1075 , 1081-82 (9th Cir.1996) (“[Mjere allegation and speculation do not create a factual dispute for purposes of summary judgment.”).

The district court properly granted summary judgment to the remaining defendants because Gilbert failed to raise a genuine dispute of material fact as to whether these defendants personally participated in any constitutional violations. See Harper v. City of Los Angeles, 533 F.3d 1010, 1026 (9th Cir.2008) (“In a § 1983 action, the plaintiff must ... demonstrate that the defendant’s conduct…