Dean

MEMORANDUM *

Corrections Officer Benjamin Hassis appeals the district court’s denial of his motion for summary judgment based on qualified immunity. The Idaho State Department of Corrections appeals the district court’s denial of its motion for summary judgment based on immunity under the Idaho Tort Claims Act. We reverse the grant of summary judgment as to Hassis and dismiss the appeal of the Department of Corrections for lack of appellate jurisdiction. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

*382 I

After careful consideration of the record, we conclude that we have appellate jurisdiction over the district court’s denial of Hassis’s motion for summary judgment, and that he is entitled to qualified immunity-

Although the denial of a summary judgment motion is not ordinarily appealable, a “district court’s denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable ‘final decision’ within the meaning of 28 U.S.C. § 1291 .” Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985). “We review de novo a district court’s decision on…