Alex Tabatabaee v. Brian Marshall , 668 F. App'x 829 ( 2016 )

FILED
NOT FOR PUBLICATION SEP 20 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ALEX TABATABAEE, No. 15-16483
Plaintiff-Appellant, D.C. No. 1:13-cv-00911-LJO-
BAM
v.
BRIAN MARSHALL; et al., MEMORANDUM*
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, Chief Judge, Presiding
Submitted September 13, 2016**
Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.
Alex Tabatabaee, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate
indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. §
1291. We review de novo a dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii) and 28
*
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).
U.S.C. § 1915A. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012);
Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir. 2011). We affirm.
The district court properly dismissed Tabatabaee’s claims against defendants
Johnson, Safari, Baldoz, Santos, Quilling, Coleman, Rios, and John Doe because
Tabatabaee failed to allege facts sufficient to show that these defendants were
deliberately indifferent to his low blood pressure and other medical needs. See
Toguchi v. Chung, 391 F.3d 1051, 1057 (9th Cir. 2004) (a prison official acts with
deliberate indifference only if he or she knows of and disregards an excessive risk
to a prisoner’s health, and negligence or a difference in opinion are insufficient to
establish deliberate indifference).
The district court properly dismissed Tabatabaee’s claims against defendants
Marshall, Bradford, Richey, and Jane Does 1-2 because Tabatabaee failed to allege
facts sufficient to show that these defendants were personally involved in
Tabatabee’s medical care or that they instituted or condoned an unconstitutional
policy or practice. See Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011) (a
supervisor is liable under § 1983 only if he or she is personally involved in the
constitutional deprivation or there is a “sufficient causal connection between the
supervisor’s wrongful conduct and the constitutional violation”).
AFFIRMED.
2 15-16483