Melvin Munir v. Thomas

U.S. Court of Appeals for the Ninth Circuit
Melvin Munir v. Thomas, 471 F. App'x 570 (9th Cir. 2012)

Melvin Munir v. Thomas

Opinion

MEMORANDUM **

Thomas, a housing sergeant at California Medical Facility, appeals from the district court’s order denying him qualified immunity in plaintiff Munir’s 42 U.S.C. § 1983 action alleging deliberate indifference to serious medical needs. We dismiss for lack of appellate jurisdiction.

We lack jurisdiction to consider this interlocutory appeal because “an order deny *571 ing qualified immunity on the ground that a genuine issue of material fact exists is not a final, immediately appealable order.” Maropulos v. County of Los Angeles, 560 F.3d 974, 975 (9th Cir. 2009) (per curiam), citing Johnson v. Jones, 515 U.S. 304, 314-15, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995). The district court denied qualified immunity to Thomas after determining that there were genuine disputes of material fact as to whether Thomas was deliberately indifferent to Munir’s medical needs, and that those facts, if proven, would establish a violation of Munir’s clearly established Eighth Amendment rights. Accordingly, we dismiss this appeal for lack of jurisdiction.

DISMISSED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Melvin MUNIR, Plaintiff-Appellee, v. THOMAS, Sergeant, Defendant-Appellant, and Martinez, Correctional Officer; Et Al., Defendants
Status
Unpublished