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MARQUEZ v. GUTIERREZ

No. 02-15017.

322 F.3d 689 (2003)

Vincent MARQUEZ, Plaintiff-Appellee, v. R J GUTIERREZ, Defendant-Appellant, and James Gomes; Theo White, Warden; M Bishoff, D Armendariz; Suzan Hubbard, Warden; S J Vance; C Johnson; L Dr Helder; W V Sandt; D H Moehring; E A Connolly; S Williams; George M Galaza; L Loo; R Harway; K Kellawan; B Bynam, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2003.

Attorney(s) appearing for the Case

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.

Before TROTT, RYMER, and TALLMAN, Circuit Judges.

OPINION

RYMER, Circuit Judge:

Correctional Officer Richard Gutierrez appeals the district court's denial of his motion for summary judgment on the ground of qualified immunity, which he filed in defense of a § 1983 action brought by an inmate, Vincent Marquez, whom he shot in the leg during a prisoner melee at the California State Prison-Sacramento (CSPS). The district court found triable issues of fact regarding the need for this force and the threat...

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