Harris

FILED

NOT FOR PUBLICATION

NOV 3 2025

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DERRICK HARRIS, No. 24-6536

Plaintiff-Appellant, D.C. No. 2:21-cv-07999-WLH-JPR v.

SHARON KIM, MEMORANDUM*

Defendant-Appellee.

Appeal from the United States District Court for the Central District of California Wesley L. Hsu, District Judge, Presiding

Argued and Submitted September 15, 2025 Pasadena, California

Before: CLIFTON, IKUTA and LEE, Circuit Judges. Dissent by Judge CLIFTON.

Defendant Sharon Kim appeals the district court’s order denying her motion

for summary judgment on qualified immunity grounds in this 42 U.S.C. § 1983

action alleging Kim violated the Fourteenth Amendment by deliberately

fabricating evidence. We have jurisdiction over “whether the defendant would be

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. entitled to qualified immunity as a matter of law, assuming all factual disputes are

resolved, and all reasonable inferences…