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FELIX v. McCARTHY

No. 89-16020.

939 F.2d 699 (1991)

Scott Emerson FELIX, Plaintiff-Appellee, v. Daniel J. McCARTHY, Director of The Department of Corrections; P.J. Morris; J. Campoy; Daniel Vasquez; Morris, Lt., et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 10, 1991.

Attorney(s) appearing for the Case

Susan Duncan Lee, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellants.

Alfred C. Peiffer, Jr., McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for plaintiff-appellee.

Before SNEED, SCHROEDER and CANBY, Circuit Judges.

CANBY, Circuit Judge:

Appellants Luis S. Lemos, Gregory Maxie and Paul Ward, prison guards at San Quentin, appeal the district court's denial of their motion for summary judgment on the basis of qualified immunity. Scott Felix, a prisoner at San Quentin, brought a civil rights action against the guards alleging that the guards used excessive force against him in March 1985. The guards assert that they are entitled to the defense of qualified immunity because it was...

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