James Haynes Camarillo v. Daniel J. McCarthy Director

ORDER

The memorandum disposition filed April 2, 1993, is redesignated as an authored opinion by Judge Farris.

OPINION

Defendants, California state prison officials, appeal the denial of their motion for summary judgment in an action brought by former state prisoner James Haynes Camar-illo pursuant to 42 U.S.C. § 1983 . While incarcerated, Camarillo, who is HIV-positive, was transferred to a housing unit for HIV-positive inmates. Camarillo’s suit alleged that his transfer violated his constitutional rights of: (1) equal protection; (2) privacy; (3) due process; (4) freedom from cruel and unusual punishment; and (5) freedom of association. On cross-motions for summary judgment, the district court held that qualified immunity barred suit against the officials for the first four of the alleged constitutional violations. On the freedom of association claim, the court did not address qualified immunity. Instead, it denied the defendants’ motion for summary judgment and ordered the matter to proceed to trial because a question remained as to whether Camarillo’s freedom to associate in fact was curtailed.

We have jurisdiction over this interlocutory appeal pursuant to the collateral…