Nicholas Roberson v. James Torres

OPINION

BOGGS, Circuit Judge.

This is an interlocutory appeal from the denial of qualified immunity. Nicholas Roberson, a Michigan state prisoner, alleges, as relevant to this appeal, that James Torres, a former sergeant with the Michigan Department of Corrections (“MDOC”), violated his constitutional rights. In particular, Roberson alleges that Torres sprayed him with a chemical agent while he was sleeping, in violation of the Eighth Amendment. The district court denied Torres qualified immunity and ruled that a genuine issue exists as to whether Roberson was in fact sleeping at the time he…