Christman

Christman v. Micheletti

Good Law
302 F. App'x 742
United States Court of Appeals for the Ninth CircuitDecember 9, 2008No. 07-15485California447 words

Opinion

lead Opinion

MEMORANDUM **

Brian Christman, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging deliberate indifference to serious threats to his safety. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s order of dismissal and grant of summary judgment, Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir.2007), Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.2004), and we affirm.

The district court properly dismissed Christman’s claims against the California Department of Corrections and Rehabilitation because the state agency is not a “person” under section 1983. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989).

The district court properly dismissed Christman’s claims against defendants Knowles, Kernan and Robinson because Christman failed to allege specific facts showing that defendants acted with deliberate indifference to serious threats to his safety. See Gibson v. United States, 781 F.2d 1334, 1338 (9th Cir.1986) (stating that to obtain relief under § 1983, a plaintiff must allege facts sufficient to show that the defendants acting…

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