Opinion
No. 14-16188
03-20-2015
NOT FOR PUBLICATION
D.C. No. 2:11-cv-01687-LKK-AC MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Lawrence K. Karlton, District Judge, Presiding
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 C4 Sys., Inc., 637 F.3d 1047, 1061 (9th Cir. 2011) ("To survive summary judgment, a plaintiff must set forth non-speculative evidence of specific facts, not sweeping conclusory allegations.").
AFFIRMED.