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ESTATE OF FORD v. RAMIREZ-PALMER

No. 01-15769.

301 F.3d 1043 (2002)

ESTATE OF Jeffrey FORD; Eva Ford, individually and in her capacity as Administrator of the Estate of Jeffrey Ford; Thomas Ray Ford, Plaintiffs-Appellees, v. Ana M. RAMIREZ-PALMER, Defendant, and Edward Caden; Eric Arnold; Robert Williams, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 23, 2002.

Attorney(s) appearing for the Case

J. Scott Smith, Angelo, Kilday & Kilduff, Sacramento, CA, for the defendants-appellants.

Stan Casper, Casper, Meadows & Schwartz, Walnut Creek, CA, and John Houston Scott, Prentice & Scott, San Francisco, CA, for the plaintiff-appellee.

Before: CANBY and RYMER, Circuit Judges, and BERTELSMAN, Senior District Judge.

Opinion by Judge RYMER; Partial Dissent by Judge CANBY.

RYMER, Circuit Judge.

This appeal raises the question of whether, after Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001), qualified immunity may be denied in an Eighth Amendment case solely because there is triable issue of fact as to whether a prison official was deliberately indifferent to an inmate's safety.

Jeffrey Ford, an inmate...

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