Henry J. Prien v. Johanna Smith

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
HENRY J. PRIEN,
Plaintiff - Appellant,
v.
JOHANNA SMITH, et al.,
Defendants - Appellees.
No. 10-35079
D.C. No. 1:08-cv-00465-BLW
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
B. Lynn Winmill, Chief Judge, Presiding
Submitted January 10, 2010**
Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges.
Henry J. Prien, a former Idaho state prisoner, appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate
indifference to his serious medical needs in violation of the Eighth Amendment.
FILED
JAN 24 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-35079 2
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 because Prien failed
to raise a genuine issue of material fact as to whether prison medical staff were
deliberately indifferent by failing to provide him with a special diet to
accommodate his onion allergy and in treating his hand injury. See id. at 1057; see
also id. at 1059-60 (a difference in opinion about the preferred course of medical
treatment does not constitute an Eighth Amendment violation). Accordingly,
because prison medical staff were not deliberately indifferent, defendant Warden
Smith cannot be held liable as a supervisor. See Taylor v. List, 880 F.2d 1040,
1045 (9th Cir. 1989). Moreover, defendant Johnston cannot be held liable because
she was not the proximate cause of the alleged violations. See id. (“Liability under
section 1983 arises only upon a showing of personal participation by the
defendant.”).
Prien’s remaining contentions are unpersuasive.
AFFIRMED.

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