Philip W.L. Lum v. Raymond Jensen, Robert Drake, and the State of California

CHOY, Circuit Judge:

Raymond Jensen and Robert Drake (collectively referred to as “defendants”), employees of the California Department of Justice, appeal from the district court’s denial of their claim to qualified immunity in a 42 U.S.C. § 1983 suit brought by Philip Lum. The district court denied the defendants’ motion for summary judgment, in part ruling that there were triable issues of fact as to whether the defendants had violated a clearly established constitutional right. We have jurisdiction over this interlocutory appeal under Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806,…