# Melvin Munir v. Thomas

> Court of Appeals for the Ninth Circuit · March 6, 2012 · 471 F. App'x 570

URL: https://www.frixlaw.com/law-library/cases/624765

## Case

- **Full name:** Melvin MUNIR, Plaintiff-Appellee, v. THOMAS, Sergeant, Defendant-Appellant, and Martinez, Correctional Officer; Et Al., Defendants
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** March 6, 2012
- **Citations:** 471 F. App'x 570
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Fernandez, McKeown, Bybee
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/624765

## Opinion text

FILED
NOT FOR PUBLICATION MAR 06 2012

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

MELVIN MUNIR, No. 09-15727

Plaintiff - Appellee, D.C. No. 2:05-cv-01996-MCE-
EFB
v.

THOMAS, Sergeant, MEMORANDUM *

Defendant - Appellant,

and

MARTINEZ, Correctional Officer; et al.,

Defendants.

Appeal from the United States District Court
for the Eastern District of California
Morrison C. England, Jr., District Judge, Presiding

Submitted February 21, 2012 **

Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Thomas, a housing sergeant at California Medical Facility, appeals from the

*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
district court’s order denying him qualified immunity in plaintiff’ Munir’s 42

U.S.C. § 1983 action alleging deliberate indifference to serious medical needs. We

dismiss for lack of appellate jurisdiction.

We lack jurisdiction to consider this interlocutory appeal because “an order

denying qualified immunity on the ground that a genuine issue of material fact

exists is not a final, immediately appealable order.” Maropulos v. County of Los

Angeles, 560 F.3d 974, 975 (9th Cir. 2009) (per curiam), citing Johnson v. Jones,

515 U.S. 304, 314-15 (1995). The district court denied qualified immunity to

Thomas after determining that there were genuine disputes of material fact as to

whether Thomas was deliberately indifferent to Munir’s medical needs, and that

those facts, if proven, would establish a violation of Munir’s clearly established

Eighth Amendment rights. Accordingly, we dismiss this appeal for lack of

jurisdiction.

DISMISSED.

2 09-15727

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/624765. Public record. Not legal advice.