The following excerpt is from Washington v. Spearman, No. 2:19-cv-616-EFB P (E.D. Cal. 2020):
Plaintiff claims that Spearman was complicit in the foregoing excessive force claim insofar as he failed to adequately instruct, train, and supervise his subordinates. Id. at 5. As noted supra, plaintiff alleges that Spearman was made aware of the risk by way of an inmate request form. Id. at 6. But the form in question allegedly advised Spearman that policies were not being adhered to by correctional officers. Id. This appears to be an advisement that these officers were acting negligently. It did not advise (based on the current allegations) the warden that any one officer intended to intentionally harm plaintiff. Thus, plaintiff has failed to allege a sufficient causal connection between Spearman's inaction and his injury. See Snow v. McDaniel, 681 F.3d 978, 989 (9th Cir. 2012) ("A supervisor may be liable only if (1) he or she is personally involved in the constitutional deprivation, or (2) there is a sufficient causal connection between the supervisor's wrongful conduct and the constitutional violation.") (internal quotation marks omitted).
III. Leave to Amend
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