Serrano v. Francis.

• Position: IMMUNITY

U.S. Appeals Court

QUALIFIED IMMUNITY

Serrano v. Francis, 345 F.3d 1071 (9th Cir. 2003). A physically disabled black prison inmate appealed an order that granted summary judgment in favor of a correctional officer on claims that officials denied the inmate due process and equal protection by refusing to allow him to present live witness testimony during a prison disciplinary hearing. The appeals court affirmed in part and reversed in part. The appeals court held that the inmate's physical disability, coupled with his confinement in administrative segregation for nearly two months in a unit that was not designed for disabled persons, gave rise to a protected liberty interest under the Due Process Clause. The court noted that the inmate was denied use of a wheelchair which he had been allowed to use in the general population, allegedly could not take a proper shower, could not use the toilet without hoisting himself up by the seat, had to crawl into bed by his arms, could not participate in outdoor exercise in the yard, and was forced to drag himself around a vermin and cockroach-infested floor. The court held that a correctional officer...