Ronald S. Burgo v. Edwin T. Shimoda

990 F.2d 1256 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald S. BURGO, Plaintiff-Appellee, v. Edwin T. SHIMODA, Defendant-Appellant. No. 92-16352. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1993. * Decided March 17, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Edwin T. Shimoda, Administrator of the Oahu Community Correctional Center, appeals the district court's denial of his summary judgment motion based on qualified immunity in an action under 42 U.S.C. § 1983 brought by Ronald S. Burgo, a Hawaii state prisoner. We have jurisdiction to review an appeal of the denial of a summary judgment motion on the ground of qualified immunity. Mitchell v. Forsythe, 472 U.S. 511, 530 (1985). We affirm. 3 We review de novo the district court's denial of the defense of qualified immunity. Lum v. Jensen, 876 F.2d 1385, 1386 (9th Cir.), cert. denied, 493 U.S. 1057 (1990). We determine, viewing the…