Hunter

Hunter v. Heath

Good Law
26 F. App'x 754
United States Court of Appeals for the Ninth CircuitJanuary 28, 2002No. 00-35450; D.C. No. CV-99-00323-JMSCalifornia415 words

Opinion

Lead Opinion

MEMORANDUM **

Hunter, an inmate at the Snake River Correctional Institute (SRCI), brought an action against various prison officials under 42 U.S.C. § 1983 , alleging that he was terminated from his job as an inmate legal assistant in retaliation for exercising his First Amendment rights. Appellants, various officials at SRCI, bring this interlocutory appeal of the district court’s denial of their motion for summary judgment on the grounds of qualified immunity.

The district court had jurisdiction over this matter pursuant to 28 U.S.C. § 1343 (3). The district court’s order rejecting Appellants’ qualified-immunity defense was a “final decision” subject to immediate appeal under the general appellate jurisdiction statute, 28 U.S.C. § 1291 . See Behrens v. Pelletier, 516 U.S. 299, 312-13 , 116 S.Ct. 834 , 133 L.Ed.2d 773 (1995). We reverse.

Grants of summary judgment are reviewed de novo. Clicks Billiards Inc. v. Sixshooters Inc., 251 F.3d 1252, 1257 (9th Cir.2001). The Court must determine, viewing all evidence and all reasonable inferences in the light most favorable to the non-moving party, whether there are any genuine issues of material fact. This Court reviews the district…

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