William Torres v. Thomas Read

MEMORANDUM

William Torres brought a 42 U.S.C. § 1983 action alleging that his sentence recalculation resulted in post-conviction ov-erdetention that violated his Eighth and Fourteenth Amendment rights. The district court denied Torres’s Fed.R.Civ.P. 56(d) motion to continue discovery and granted Defendant-Appellee Read’s motion for summary judgment on the basis of qualified immunity. Torres timely appealed. We have jurisdiction under 28 U.S.C. § 1291 .

We review de novo a district court’s order denying summary judgment on the ground of qualified immunity. Rodis v. City & Cnty. of S.F., 558 F.3d 964, 968 (9th Cir.2009). We review a district court’s order denying additional discovery for abuse of discretion. See United States v. Kitsap Physicians Serv., 314 F.3d 995, 1000 (9th Cir.2002).

The two-pronged qualified immunity inquiry asks (1) whether “the officer’s conduct violated a constitutional right” and (2) whether “the right was clearly established” at the time of the alleged misconduct. Alston v. Read, 663 F.3d 1094, 1098 (9th Cir.2011) (quoting Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), overruled in part on other grounds by Pearson v.…