Rex Chappell v. R. Mandeville
Court of Appeals for the Ninth Circuit
1DissentBerzon, Circuit Judge
I join Part III.B of the majority opinion, as I agree that Defendants Mandeville and Rosario are entitled to qualified immunity on the due process issues. In my view, however, the defendants are not entitled to qualified immunity on Chappell’s Eighth Amendment claim. As I would affirm the district court’s denial of summary judgment on qualified immunity with respect to the Eighth Amendment issue, I respectfully dissent from Part III.A of the majority opinion.
I
Our jurisdiction over this collateral order appeal of the district court’s denial of summary judgment on qualified immunity grounds is…
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