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ESTATE OF CONNERS BY MEREDITH v. O'CONNOR

No. 87-1644.

846 F.2d 1205 (1988)

ESTATE OF Marilyn Marie CONNERS, by its Administrator, Howard MEREDITH; Howard Meredith; Lillian Beatty, individuals, as sole heirs of Marilyn Marie Conners, Plaintiffs-Appellees, v. Dennis Michael O'CONNOR; Fred Valenzuela; Stephen Donoviel; Thaddeus Kostrubala; John Lewis Duncan, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1988.

Attorney(s) appearing for the Case

John Houston Scott, San Francisco, Cal., for plaintiffs-appellees.

Paul T. Hammerness, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellants.

Before GOODWIN and NELSON, Circuit Judges, and BREWSTER, District Judge.

GOODWIN, Circuit Judge:

State officials with management responsibility for Napa State Hospital appeal the denial of their motion for summary judgment based upon qualified immunity from suit. This type of interlocutory appeal in 42 U.S.C. § 1983 damage actions has become more or less routine following Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985).1

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