U.S. Court of Appeals for the Ninth Circuit, 2015

Mario Williams v. Alvaro Traquina

Mario Williams v. Alvaro Traquina
U.S. Court of Appeals for the Ninth Circuit · Decided March 20, 2015 · Farris, Wardlaw, Paez
599 F. App'x 311

Mario Williams v. Alvaro Traquina

Opinion

MEMORANDUM **

Mario A. Williams, a California state prisoner, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging an Eighth Amendment violation in connection with the treatment of his right hand. 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 for defendants because Williams failed to raise a genuine dispute of material fact as to whether defendants knew of and consciously disregarded a substantial risk to his health. See id. at 1057 (prison officials act with deliberate indifference only if they know of and disregard a “substantial risk of serious harm” to prisoner); see also Starr v. Baca, 652 F.3d 1202, 1207-08 (9th Cir. 2011) (requirements for establishing supervisory liability); Cafasso, U.S. ex rel. v. Gen. Dynamics Ch Sys., Inc., 637 F.3d 1047, 1061 (9th Cir. 2011) (“To survive summary judgment, a plaintiff must set forth non-speculative *312 evidence of specific facts, not sweeping conclusory allegations.”).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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