United States Ninth Circuit

Assuming the facts in a prisoner's favor in his 42 U.S.C. section 1983 claim alleging an Eighth Amendment violation for excessive force, a corrections officer in defendant's position would have believed that his response was a good faith effort to restore discipline, thus denial of qualified immunity is reversed.

Appellate Information

• Argued 02/13/2003
• Decided 03/06/2003
• Published 03/06/2003

Judges

• Before TROTT, RYMER, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Stephen W. Perkins, Deputy Attorney General, Sacramento, CA, for the defendant-appellant., Kenneth C. Mennemeier and Kristine L. Burks, Mennemeier, Glassman & Stroud, Sacramento, CA, for the plaintiff-appellee.