Bryant

MEMORANDUM **

Small and various state officers appeal the denial of their motion for summary judgment based on qualified immunity. We reverse.

Bryant filed suit under 42 U.S.C.1983, alleging (1) deliberate indifference to health and safety in violation of the Eighth Amendment and (2) reckless conduct in violation of the Sixth, Eighth, and Fourteenth Amendments, constituting a violation of due process. Bryant’s second claim is subsumed under his first; when a plaintiff asserts his rights pursuant to a specific constitutional provision, substantive due process claims are deemed redundant. Armendariz v. Penman, 75 F.3d 1311, 1319 (9th Cir.1996) (en banc).

Under qualified immunity analysis, we must first determine whether the state officers violated one of Bryant’s constitutional rights. We then determine whether the constitutional right was clearly established and whether a reasonable officer would have understood that he was violating that right. Saucier v. Katz, 533 U.S. 194 , 200-01, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). A determination that the officers violated Bryant’s constitutional right involves two separate inquiries: first, whether he had a constitutional right, and…