UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT GERALD ROSS PIZZUTO, Jr., No. 24-2275 D.C. No. Plaintiff - Appellee, 1:21-cv-00359- BLW v. JOSH TEWALT, Director, Idaho Department of Correction, in his OPINION official capacity; RANDY VALLEY, Warden, Idaho Maximum Security Institution, in his official capacity,

Defendants - Appellants.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding

Argued and Submitted September 25, 2024 San Francisco, California

Filed March 21, 2025 Before: Ronald M. Gould, Johnnie B. Rawlinson, and Mark J. Bennett, Circuit Judges.

Opinion by Judge Bennett 2 PIZZUTO V. TEWALT

SUMMARY *

Discovery / 42 U.S.C. § 1983 / Collateral Order Doctrine

In this interlocutory appeal, the panel affirmed the district court’s order granting Idaho death-r