C.M
C.M v. Ex Rel. Martinez v. Smith
Opinion
Opinion
MEMORANDUM
Los Angeles Sheriffs Department Deputy Patrina Smith brings an interlocutory appeal of the district court’s order denying her motion for summary judgment on qualified immunity. Plaintiff-appellee, C.M.V., alleges that while he was incarcerated at Pitchess Detention Center, Smith violated his constitutional rights by failing to protect him from a violent assault at the hands of other inmates. To survive summary judgment in his claim under 42 U.S.C. § 1983 , C.M.V. must show that there is a genuine issue of material fact as to whether Smith was deliberately indifferent to a “substantial risk of serious harm.” See Farmer v. Brennan, 511 U.S. 825, 834 , 114 S.Ct. 1970 , 128 L.Ed.2d 811 (1994).
We have jurisdiction pursuant to 28 U.S.C. § 1291 and the collateral order doctrine. See Brewster v. Bd. of Educ. of Lynwood Unified Sch. Dist., 149 F.3d 971 , 976 (9th Cir.1998). “[Ajppellate jurisdiction over a summary judgment denial of qualified immunity is limited to reviewing the ‘purely legal’ issue of ‘whether the facts alleged [by the plaintiff] support a claim of violation of clearly established law.’” Id. (quoting Mitchell v. Forsyth, 472 U.S. 511 , 528 n. 9, 105 S.Ct.…