Tatum

MEMORANDUM *

Dwight W. Winslow appeals from the district court’s denial of his motion for summary judgment based on a defense of qualified immunity. Winslow, as the Health Care Manager of Pelican Bay State Prison, supervised the medical care system of Pelican Bay. Markus Tatum, a California state prisoner, alleges that Winslow was deliberately indifferent to his serious medical needs in denying and delaying his treatment for Hepatititis C (“HCV”). Tatum filed suit under 42 U.S.C. § 1983 , after having exhausted all of his administrative remedies. Winslow moved for summary judgment, and the district court denied the motion as to Winslow, but granted the motion as to the other named defendants. Claiming the intervention of new controlling law, citing Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), Winslow renewed his motion for summary judgment on grounds of qualified immunity. The district court once again denied his motion.

We limit our review to the question whether, “assuming all conflicts in the evidence are resolved in [Tatum’s] favor, [Winslow] would be entitled to qualified immunity as a matter of law.” Lee v. Gregory, 363 F.3d 931, 932 (9th…