Scott Emerson Felix v. Daniel J. McCarthy Director of the Department of Corrections P.J. Morris J. Campoy Daniel Vasquez Morris, Lt.

Appellants Luis S. Lemos, Gregory Max-ie and Paul Ward, prison guards at San Quentin, appeal the district court’s denial of their motion for summary judgment on the basis of qualified immunity. Scott Felix, a prisoner at San Quentin, brought a civil rights action against the guards alleging that the guards used excessive force against him in March 1985. The guards assert that they are entitled to the defense of qualified immunity because it was not clearly established in March 1985 that the guards’ conduct would violate Felix’s clearly established constitutional rights. We affirm.

BACKGROUND

Felix brought a section 1983 action against the prison guards alleging violation of his eighth amendment right not to be subject to cruel and unusual punishment. Accepting Felix’s deposition testimony and all reasonable inferences drawn from it as true, the facts show the following:

Felix was employed in the prison hospital. In March 1985, while Felix was mopping the floors in the hospital, Officer Max-ie approached Felix, deliberately spat on the floor at Felix’s feet, and ordered Felix to clean it up. When Felix refused, Maxie handcuffed Felix, pushed him into a wall, then led him to…