Chrissy Mazzeo v. James Gibbons

MEMORANDUM

Former Clark County, Nevada Sheriff Bill Young appeals the denial of his motion for summary judgment on his qualified immunity defense in this 42 U.S.C. § 1983 action brought by Chrissy Mazzeo. We have jurisdiction over this interlocutory appeal under 28 U.S.C. § 1291 , see Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985), and review the question of qualified immunity de novo, Karl v. City of Mountlake Terrace, 678 F.3d 1062, 1068 (9th Cir.2012). For the reasons that follow, we affirm the district court’s order denying summary judgment.

Young is entitled to qualified immunity unless “taking all facts and inferences therefrom in favor of the plaintiff,” Jeffers v. Gomez, 267 F.3d 895, 905 (9th Cir.2001), the record shows Young violated Mazzeo’s constitutional rights and that the allegedly violated right was “clearly established” at the time of Young’s conduct. Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), overruled in part by Pearson v. Callahan, 555 U.S. 223, 235-36 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009).

Viewing the record in the light most favorable to Mazzeo, we consider the facts the district court…