Schroeder

Schroeder v. McDonald

Good Law
55 F.3d 454·1995 WL 302890
United States Court of Appeals for the Ninth CircuitMay 19, 1995No. 93-15169California4,009 words

Opinion

Lead Opinion

Wiggins, J.

Defendants-appellants (“defendants”) appeal the district court’s denial in part of their motion for summary judgment. Plaintiff-ap-pellee (“plaintiff’) brought suit under 42 U.S.C. § 1983 . The district court found that defendants were not entitled to qualified immunity with regard to five of plaintiffs eleven causes of action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985). We find defendants are entitled to qualified immunity on four of the five remaining causes of action. We reverse in part and remand for further proceedings on plaintiffs final cause of action.

I. FACTS AND PRIOR PROCEEDINGS

Plaintiff, Eric Schroeder, is a state prisoner serving a twenty-year sentence for first-degree robbery and kidnapping. Schroeder filed a pro se, in forma pauperis complaint in district court, alleging eleven causes of action. He is suing state prison officials under § 1983, contending that his First, Eighth, and Fourteenth Amendment rights were violated. Defendants each played some role in transferring Schroeder from a minimum security facility back to the medium security facility where he was…

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