Opinion

Martin v. Fuller-Brisbon

Court
Court of Appeals for the Ninth Circuit
Filed
Jul 1, 2025
Status
Unpublished
Cited by
0 cases
Authority
More cited than 37.2%

setting forth requirements for qualified immunity to apply

How later courts described this case

  • setting forth requirements for qualified immunity to apply
  • explaining that it is unlawful under the Eighth Amendment to be aware of and disregard the risk of violent outbreaks from placing certain inmates together, and this unlawfulness was clearly established
  • setting forth requirements to show violation of Eighth Amendment duty to protect prisoners

Written by the judges who cited it.

The opinion

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 1 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DUSTIN ROBERT MARTIN, No. 24-404

D.C. No. 2:22-cv-02083-GMN-EJY

Plaintiff - Appellee,

v.

MEMORANDUM*

MIGUEL FULLER-BRISBON; JAMES

BUCKLEY,

Defendants - Appellants.

Appeal from the United States District Court

for the District of Nevada

Gloria M. Navarro, District Judge, Presiding

Submitted June 18, 2025**

Before: CANBY, S.R. THOMAS, and SUNG, Circuit Judges.

Defendants-appellants appeal from the district court’s interlocutory order

denying their motion to dismiss, on the basis of qualified immunity, Dustin Robert

Martin’s 42 U.S.C. § 1983 action alleging a failure-to-protect claim. We have

*

This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

jurisdiction under 28 U.S.C. § 1291 and the collateral order doctrine. Garraway v.

Ciufo, 113 F.4th 1210, 1216 (9th Cir. 2024). We review de novo. Dunn v. Castro,

621 F.3d 1196, 1198 (9th Cir. 2010). We affirm.

The district court properly denied qualified immunity because Martin

alleged facts sufficient to show that defendants-appellants knew of and disregarded

an objective risk of serious harm to Martin, and defendants-appellants’ actions

contravened clearly established law at the time of the incident. See Labatad v.

Corr. Corp. of Am., 714 F.3d 1155, 1160 (9th Cir. 2013) (setting forth

requirements to show violation of Eighth Amendment duty to protect prisoners);

Dunn, 621 F.3d at 1199 (setting forth requirements for qualified immunity to

apply); Robinson v. Prunty, 249 F.3d 862, 867 (9th Cir. 2001) (explaining that it is

unlawful under the Eighth Amendment to be aware of and disregard the risk of

violent outbreaks from placing certain inmates together, and this unlawfulness was

clearly established).

Martin's motion (Docket Entry No. 23) for an extension of time to file the

answering brief is denied as unnecessary because the answering brief was

submitted at Docket Entry No. 20. The clerk will file the briefs submitted at

Docket Entry Nos. 20 and 24.

AFFIRMED.

2 24-404

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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