Ramon Obas v. County of Monterey

MEMORANDUM

Conan Hickey (Hickey) and Bryan Hos-kins (Hoskins) appeal from the denial of their motion for summary judgment based on their assertion of qualified immunity.

1. The district court’s rejection of a qualified immunity defense is immediately appealable. See Wilkinson v. Torres, 610 F.Sd 546, 549-50 (9th Cir.2010).

2. The district court did not err in finding that disputed facts in this case were material to the qualified immunity analysis. Hickey and Hoskins contend that Emergency Medical Technicians (EMTs) informed them that Obas was cleared for transport via police cruiser. The examining EMT, Mike Vindhurst (Vindhurst), counters that he recommended to officers that Obas be placed in c-spine precautions and taken to the hospital via ambulance. The recommendation was given to a group of “2 or 3 deputies.” Although Vindhurst could not identify the deputies with particularity, Hickey and Hoskins were in the vicinity and admitted speaking with EMTs on the scene. Indeed, the officers conceded in the district court that if a recommendation had been made to transport Obas in an ambulance, failure to do so would amount to excessive force in violation of clearly established…