Mitchell Garraway v. Jacquiline Ciufo

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MITCHELL GARRAWAY, No. 23-15482

Plaintiff-Appellee, D.C. No. 1:17-cv-00533- v. ADA-GSA

JACQUILINE CIUFO; K. MILLER;

J. ZARAGOZA, OPINION

Defendants-Appellants.

Appeal from the United States District Court for the Eastern District of California Ana de Alba, District Judge, Presiding

Argued and Submitted May 8, 2024 Pasadena, California

Filed September 3, 2024

Before: Richard C. Tallman, Danielle J. Forrest, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Tallman; Dissent by Judge Bumatay SUMMARY *

Bivens / Collateral Order Doctrine

In an action brought by a federal inmate against prison officials pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), the panel dismissed defendants’ interlocutory appeal and, joining three other circuits, held that district court orders extending Bivens, absent a denial of qualified immunity, are not immediately appealable under the collateral order doctrine. Plaintiff alleged that prison…