Price v. Chen
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 19 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARCUS PRICE, No. 24-5162 D.C. No. 4:22-cv-03243-JSW Plaintiff - Appellant, v. MEMORANDUM* JAMES H. CHEN; NAPA STATE HOSPITAL; CALIFORNIA DEPARTMENT OF STATE HOSPITALS, Defendants - Appellees.
Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding Submitted March 16, 2026** Before: SILVERMAN, NGUYEN, and HURWITZ, Circuit Judges.
Marcus Price appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging violations of his Fourteenth Amendment rights as an involuntarily committed individual. We have jurisdiction under
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 28 U.S.C. § 1291. We review de novo. Desire, LLC v. Manna Textiles, Inc., 986 F.3d 1253, 1259 (9th Cir. 2021). We affirm.
The district court properly granted summary judgment in favor of defendant Chen because Price failed to raise a genuine dispute of material fact as to whether Chen was involved in any alleged violations of Price’s constitutional rights. See Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002) (“In order for a person acting under color of state law to be liable under section 1983 there must be a showing of personal participation in the alleged rights deprivation.”).
Price’s motion for relief (Docket Entry No. 20) is denied.
AFFIRMED.
2 24-5162
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