David K. Huskey v. City of San Jose Joan Gallo George Rios Ralph Greene

ALARCON, Circuit Judge:

Defendants Joan Gallo (“Gallo”), George Rios (“Rios”), and Ralph Greene (“Greene”) (collectively, “the individual defendants”) appeal from the denial of their motion for a summary judgment on the basis of qualified immunity in David Hus-key’s (“Huskey”) 42 U.S.C. § 1983 action against them and the City of San Jose (“City”). We have jurisdiction over the interlocutory appeal filed by the individual defendants pursuant to Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). We conclude that the facts Huskey alleged were insufficient as a matter…