Leach

MEMORANDUM. ***

*588 Appellants Carey, Drew, Schroeder, and Haws (collectively “Appellants”) challenge the denial of summary judgment on qualified immunity grounds. Appellee Donald R. Leach (“Leach”) alleges that Appellants violated 42 U.S.C. § 1983 when they failed to remove him from the general inmate population when forewarned of an assault against him. Viewing the evidence in the light most favorable to Leach, we must determine de novo whether there are any genuine issues of material fact and whether the district court correctly applied qualified immunity principles. See Bingham v. City of Manhattan Beach, 341 F.3d 939, 945 (9th Cir.2003). We affirm in part, vacate in part, and remand for further consideration of whether the constitutional right at issue was clearly established for qualified immunity purposes.

A two-step approach applies to qualified immunity issues. See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001); Kennedy v. City of Ridgefield, 439 F.3d 1055, 1060 (9th Cir.2006). First, the court considers whether the facts alleged show the officer’s conduct violated a constitutional right; and second, whether the right was clearly…