FILED
NOT FOR PUBLICATION SEP 22 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WILLIAM JACKSON KITCHENS, No. 15-15230
Plaintiff-Appellant, D.C. No. 1:05-cv-01567-DCB
v.
MEMORANDUM*
MARGARET MIMS, Asst. Sheriff,
Defendant-Appellee.
Appeal from the United States District Court
for the Eastern District of California
David C. Bury, District Judge, Presiding
Submitted September 13, 2016**
Before: HAWKINS, N.R. SMITH, and HURWITZ, Circuit Judges.
William Jackson Kitchens, a civil detainee, appeals pro se from the district
court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional
claims arising from his detention in Fresno County jail pending adjudication of his
civil commitment under California’s Sexually Violent Predator Act. We have
*
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).
jurisdiction under 28 U.S.C. § 1291. We review de novo cross-motions for
summary judgment. Guatay Christian Fellowship v. County of San Diego, 670
F.3d 957, 970 (9th Cir. 2011). We affirm.
The district court properly granted summary judgment for defendant Mims
because Kitchens failed to raise a genuine dispute of material fact as to whether
Mims was personally involved in or caused a constitutional violation. 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” (citation and internal quotation marks omitted)); see also
Redman v. County of San Diego, 942 F.2d 1435, 1449 (9th Cir. 1991) (en banc)
(summary judgment was proper where law enforcement officer was not responsible
for developing or promulgating facility policies, or otherwise directly involved in
the constitutional violation).
We do not consider Kitchens’s claims regarding a strip search or claims
against any other defendant because a prior decision of this Court affirmed the
district court’s order granting summary judgment on those claims. See Kitchens v.
Pierce, 584 F. App’x 302 (9th Cir. 2014); Merritt v. Mackey, 932 F.2d 1317, 1320
(9th Cir. 1991) (under the law of the case doctrine, an appellate court panel will not
2 15-15230
reconsider questions that another panel has previously decided in the same case).
AFFIRMED.
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