Wise
Wise v. Washington State Department of Corrections
Opinion
Lead Opinion
MEMORANDUM **
John Wise, a Washington state prisoner, appeals pro se from the district court’s order dismissing his 42 U.S.C.1983 action alleging that prison officials violated his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Diaz v. Gates, 380 F.3d 480, 482 (9th Cir.2004), and we affirm.
The district court properly dismissed Wise’s claims' against Washington State Department of Corrections because “neither a State nor its officials acting in their official capacity are ‘persons’ under § 1983.” See Will v. Michigan Dept, of State Police, 491 U.S. 58, 71 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989); Leer v. Murphy, 844 F.2d 628, 632-33 (9th Cir.1988) (section 1983 requires a claimant to prove that a person acting under color of state law committed an act that deprived the claimant of some right, privilege, or immunity protected by the Constitution or laws of the United States).
The district court properly dismissed Wise’s retaliation claim because his conclusory allegations, without supporting facts connecting the defendants to his litigation activities, fail to state a claim for retaliation. See Rizzo v. Dawson, 778 F.2d 527 , 532 n. 4…