Lawrence J. Brozik v. Mark A. Kalish
Opinion
Opinion
942 F.2d 790 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence J. BROZIK, Plaintiff-Appellee, v. Mark A. KALISH, et al., Defendant-Appellant. No. 90-55818. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1991. * Decided Aug. 29, 1991. Before D.W. NELSON, O'SCANNLAIN, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Appellee Lawrence Brozik was an inmate at the Metropolitan Correctional Center (MCC) in San Diego, and was administered an antipsychotic drug against his wishes during his confinement. He filed suit against appellant, Dr. Mark Kalish, claiming that the forced administration of antipsychotic medication violated the due process clause and the Eighth Amendment. Kalish moved to dismiss or, in the alternative, for summary judgment on the ground that he was entitled to qualified immunity from suit. The district court denied appellant's motion. We reverse. I. 3 Generally, a district court order denying a motion for summary judgment is not…