Vincent Marquez v. D. Miranda C. Wells, Correctional Officers

12 F.3d 1107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vincent MARQUEZ, Plaintiff-Appellee, v. D. MIRANDA; C. Wells, Correctional Officers, Defendants-Appellants. No. 93-15626. United States Court of Appeals, Ninth Circuit. Submitted Nov. 17, 1993. * Decided Dec. 6, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 D. Miranda and C. Wells, correctional officers at San Quentin prison, appeal the district court's denial of their motion to dismiss Vincent Marquez's 42 U.S.C. Sec. 1983 civil rights action. The district court determined that Miranda and Wells were not entitled to qualified immunity. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . 1 We affirm. 3 The district court's denial of a qualified immunity defense is reviewed de novo. Camarillo v. McCarthy, 998 F.2d 638, 639 (9th Cir.1993); Act Up!/ Portland v. Bagley, 988 F.2d 868, 871 (9th Cir.1993). 4 A government official who performs discretionary functions is entitled…