Judge Kozinski says that there's no qualified immunity because, if the inmate is believed, it's not okay for a prison guard to retaliate against a prisoner's claim of excessive force by that guard by putting the prisoner into solitary confinement for three months. Judge Tallman says that there should be qualified immunity for doing so because running a prison is a tough place and it makes sense for a guard to put a prisoner into solitary confinement on the very same day the prisoner makes a complaint against him because that way the guard and prisoner won't have any additional interactions.
Fortunately (in my view), district court Judge Rayes, sitting by designation from Arizona, agrees with Judge Kozinski.
