Tabarez

Tabarez v. Butler

Good Law
340 F. App'x 369
United States Court of Appeals for the Ninth CircuitJuly 9, 2009Nos. 08-15816, 08-15819California538 words

Opinion

Lead Opinion

MEMORANDUM ***

In these related appeals, Appellants Oliver Acuna, Alan Baber, Mike Bunnell, Val *371 Rendon, David Rios, and Max Lemon seek review of the district court’s order denying their motions for summary judgment and contend that they are all entitled to qualified immunity on Appellee Gregory Taba-rez’s Eighth Amendment claim. We lack jurisdiction to review the appeals, and we therefore dismiss them.

Ordinarily, a denial of a motion for summary judgment is not a final order, and is therefore not appealable. Jones-Hamilton Co. v. Beazer Materials & Servs., 973 F.2d 688, 693-694 (9th Cir.1992). However, under the collateral-order doctrine, this Court has jurisdiction to hear an appeal from a denial of summary judgment on the basis of qualified immunity when the question on appeal involves a matter of law. Collins v. Jordan, 110 F.3d 1363, 1370 (9th Cir.1997) (quoting Mitchell v. Forsyth, 472 U.S. 511, 528 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985)). In Mitchell , the Supreme Court emphasized that “the appealable issue is a purely legal one: whether the facts alleged ... support a claim of violation of clearly established law.” Mitchell, 472 U.S. at 528 n. 9, 105 S.Ct. 2806 .…

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