Weissenberg

Weissenberg v. Terhune

Good Law
17 F. App'x 580
United States Court of Appeals for the Ninth CircuitAugust 23, 2001No. 99-17023; D.C. No. CY-98-05596-AWICalifornia457 words

Opinion

Lead Opinion

MEMORANDUM **

Defendants appeal the district court’s order denying their motion for summary judgment which included an argument that they are entitled to qualified immunity on Weissenberg’s civil-rights claims. We review de novo the district court’s denial of qualified immunity, Robinson v. Prunty, 249 F.3d 862, 865-66 (9th Cir.2001), and affirm.

*581 “A district court’s denial of qualified immunity on legal grounds is a final decision subject to interlocutory appeal.” Knox v. Southwest Airlines, 124 F.3d 1103, 1106 (9th Cir.1997). Because our jurisdiction is limited to legal questions, we assume as true the facts asserted by the non-moving party and resolve the qualified immunity issue in light of those facts. Robinson, 249 F.3d at 866 . Accordingly, because only the questions of whether the facts alleged state a claim and whether the purported right was clearly established at the time of the alleged violation are legal questions, see Washington v. Lambert, 98 F.3d 1181 , 1192 (9th Cir.1996); Neely v. Feinstein, SO F.3d 1502, 1509 (9th Cir. 1995), our jurisdiction is limited to those issues.

In his verified first amended complaint and the declaration attached to his opposition…

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