Peters
McKinney v. Peters
Opinion
Lead Opinion
*285 MEMORANDUM **
Michael McKinney (“McKinney”) filed suit pursuant to 42 U.S.C. § 1988 alleging that his civil rights were violated when Peters, a corrections lieutenant at the California Men’s Colony in San Luis Obispo, failed to grant his request for a cell transfer despite an allegedly imminent threat of attack by his cellmate. The cellmate later attacked McKinney. Peters moved to dismiss the complaint on the ground that he was entitled to qualified immunity. The district court denied this motion; Peters brings an interlocutory appeal challenging that denial. We have jurisdiction pursuant to 28 U.S.C. § 1292 , and we affirm.
We review de novo “the district court’s determination on summary judgment that [Peters] cannot invoke qualified immunity as a bar to civil litigation.” Martinez v. City of Oxnard, 270 F.3d 852, 855 (9th Cir.2001). In evaluating whether Peters is entitled to qualified immunity, we must accept as true the facts as McKinney alleges they exist, looking only to his complaint. Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001); Martinez, 270 F.3d at 855 .