Vernon Dewitt v. Francisco Silva, Officer

974 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vernon DEWITT, Plaintiff-Appellee, v. Francisco SILVA, Officer, Defendant-Appellant. No. 91-16267. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Sept. 1, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Francisco Silva, an Arizona state correctional officer, appeals the district court's interlocutory order denying his motion for summary judgment on qualified immunity grounds in Arizona state prisoner Vernon Dewitt's 42 U.S.C. § 1983 action alleging that Silva used excessive force against him during Dewitt's escape attempt. 1 "Pursuant to the collateral order doctrine, we have jurisdiction over interlocutory appeals from orders denying summary judgment on the basis of qualified immunity." Act Up!/Portland v. Bagley, No. 90-35888, slip op. 8833, 8836 (9th Cir. July 24, 1992). We affirm. 3 We review de novo the district court's denial of summary…