Robert Stock, ph.d. v. Richard Y. Funston John Carpenter Elton Brown Tom Boyer State of California

15 F.3d 1090 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert STOCK, Ph.D., Plaintiff-Appellee, v. Richard Y. FUNSTON; John Carpenter; Elton Brown; Tom Boyer; State of California, Defendants-Appellants. No. 93-55218. United States Court of Appeals, Ninth Circuit. Submitted Dec. 23, 1993. * Decided Jan. 11, 1994. Before: CHOY, GOODWIN and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Robert Stock, a faculty member at San Diego State University, sued the University and certain of its officers and employees for damages for violating his civil rights. The defendants moved for summary judgment on the ground of qualified immunity, and now appeal the denial of that motion. We treat the order denying qualified immunity as a "final" judgment for the purposes of appeal. Mitchell v. Forsyth, 472 U.S. 511 (1985). Because material questions of fact remain for trial, we affirm the order. 3 The action was first filed in state court and removed to the district court. Stock's claim, as…