Rincker

Rincker v. Oregon Department of Corrections

Good Law
301 F. App'x 720
United States Court of Appeals for the Ninth CircuitNovember 26, 2008No. 07-35624California454 words

Opinion

lead Opinion

MEMORANDUM ***

James Henry Rincker, an Oregon state prisoner, appeals pro se from the district court’s summary judgment in favor of defendants in his 42 U.S.C. § 1988 action alleging constitutional violations arising from his conditions of confinement. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo and may affirm on any basis supported by the record. Valdez v. Rosenbaum, 302 F.3d 1039, 1043 (9th Cir.2002). We affirm.

The district court properly granted summary judgment on Rincker’s Eighth Amendment claim against defendants Williams, Czerniak, Belleque and Kelly because Rincker failed to allege personal involvement. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir.2002) (stating that there is no respondeat superior liability under § 1983, and must be a showing of personal participation in the alleged deprivation of rights).

The district court properly granted summary judgment on Rincker’s Eighth Amendment claim against defendants Webb and Mitchell because Rincker failed to raise a triable issue as to whether he was denied the “minimal civilized measures of life’s necessities.” Hudson v. McMillian, 503 U.S. 1, 9 , 112 S.Ct. 995 , 117…

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