Kissinger

MEMORANDUM

California Correctional Officials Kissinger, Peery, Qualls, Money, and Ingwerson appeal from the district court’s order denying summary judgment based on qualified immunity in state prisoner Charles T. Davis’s 42 U.S.C. § 1983 action alleging, among other claims, denial of due process. We have jurisdiction under the collateral order doctrine. Robinson v. York, 566 F.3d 817, 821 (9th Cir.2009), cert. denied, - U.S. -, 130 S.Ct. 1047 , 175 L.Ed.2d 881 (2010). We review de novo. Id. We affirm in part, reverse in part, and remand.

The district court properly denied qualified immunity to Kissinger, Peery, Qualls, and Money on Davis’s equal protection claim. See id. (two-pronged qualified immunity analysis). First, Davis raised a genuine dispute of material fact as to whether these defendants used excessive force against him, or failed to protect him from the use of excessive force, based on their racial animus. See Hudson v. McMillian, 503 U.S. 1, 6-7 , 112 S.Ct. 995 , 117 L.Ed.2d 156 (1992) (standard for Eighth Amendment excessive force claim); Serrano v. Francis, 345 F.3d 1071, 1080-83 (9th Cir.2003) (officer’s alleged racially tinged statements coupled with a due…