McClure

MEMORANDUM **

Oregon state prisoner Philip McClure appeals pro se the district court’s order granting partial summary judgment, order dismissing a deceased party, and bench trial verdict for defendants on his deliberate indifference and retaliation claims under the Eighth Amendment, the Americans with Disabilities Act (“ADA”), and the Rehabilitation Act (“RA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo both summary judgment and dismissal. Barnett v. Centoni 31 F.3d 813, 815-16 (9th Cir.1994) (per curiam). We also review de novo the denial of a request for a jury trial. United States v. California Mobile Home Park Mgmt. Co., 107 F.3d 1374 , 1377 (9th Cir.1997). We affirm the summary judgment and dismissal orders, vacate the bench trial verdict, and remand for a jury trial.

Summary judgment was proper on McClure’s claims against Catherine Knox in her supervisory capacity because McClure presented no evidence that Knox’s alleged failure to supervise medical personnel resulted in a constitutional violation. See Quintanilla v. City of Downey, 84 F.3d 353, 356 (9th Cir.1996).

Dismissal of McClure’s claims against a deceased party was proper, because McClure…