Jossie Ramos v. Guillermo Garcia

MEMORANDUM

. Guillermo Garcia, former Warden at the California Institution for Women, appeals from the district court’s denial of his motion for summary judgment based on qualified immunity in a 42 U.S.C. § 1983 action brought by plaintiffs Jossie Ramos and Melissa Ortiz alleging deliberate indifference to them safety in violation of the Eighth Amendment. Specifically, plaintiffs allege that, in 2010, Garcia failed to take reasonable measures to protect them as inmates from sexual abuse by a correctional officer. As the parties are familiar with the facts, we do not recount them here. We review de novo a district court’s order denying summary judgment on the ground of qualified immunity, Huskey v. City of San Jose, 204 F.3d 893, 899 (9th Cir. 2000), and we affirm.

As a preliminary matter, the parties dispute whether we have jurisdiction to review this interlocutory appeal. This court’s jurisdiction to review a denial of qualified immunity is limited to questions of law, and a district court’s determination “that the parties’ evidence presents genuine issues of material fact is categorically unre-viewable on interlocutory appeal.” George v. Morris, 736 F.3d 829, 834, 836 (9th…