Opinion
No. 18-16909
06-13-2019
AMIR SHABAZZ, Plaintiff-Appellee, v. FELIX IGBINOSA, Defendant-Appellant, and JEFFREY A. BEARD; et al., Defendants.
NOT FOR PUBLICATION
D.C. No. 1:15-cv-00881-DAD-EPG MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Dale A. Drozd, District Judge, Presiding Before: CANBY, GRABER, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Defendant Felix Igbinosa appeals from the district court's order denying him qualified immunity in plaintiff Amir Shabazz's 42 U.S.C. § 1983 action alleging deliberate indifference claims. We have jurisdiction over this interlocutory appeal under 28 U.S.C. § 1291. Mitchell v. Forsyth, 472 U.S. 511, 526-27 (1985). We review de novo the district court's ruling on qualified immunity. George v. Edholm, 752 F.3d 1206, 1214 (9th Cir. 2014). We vacate and remand.
The district court determined that Igbinosa was not entitled to qualified immunity on Shabazz's deliberate indifference claims. However, after the district court's order was entered, this court in Hines v. Youseff, 914 F.3d 1218, 1229 (9th Cir. 2019), concluded that a prisoner's "right to be free from heightened exposure to Valley Fever spores" was not clearly established. Because the district court did not have the benefit of the decision in Hines when it entered its order, we vacate the denial of qualified immunity as to Shabazz's deliberate indifference claims against Igbinosa, and remand with instructions to grant Igbinosa's motion to dismiss.
The parties shall bear their own costs on appeal.
VACATED and REMANDED.