Lvmpd

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERALD ELMER NAPOUK, No. 23-15726 individually, and as Co-Special Administrator of the Estate of Lloyd D.C. No. 2:20-cv- Gerald Napouk; MARY NAPOUK, 01859-JCM-BNW individually, and as Co-Special Administrator of the Estate of Lloyd Gerald Napouk; FREDRICK WAID, OPINION as Co-Special Administrator of the Estate of Lloyd Gerald Napouk,

Plaintiffs-Appellants,

v.

LAS VEGAS METROPOLITAN

POLICE DEPARTMENT; BUFORD

KENTON; CAMERAN GUNN,

Defendants-Appellees.

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted April 2, 2024 Pasadena, California

Filed December 10, 2024 Before: Ryan D. Nelson, Lawrence VanDyke, and Gabriel P. Sanchez, Circuit Judges.

Opinion by Judge VanDyke; Concurrence by Judge R. Nelson; Dissent by Judge Sanchez

SUMMARY *

Qualified Immunity/Deadly Force

The panel affirmed the district court’s summary judgment for two Las Vegas Metropolitan Police Department officers in an action arising from the fatal shooting of Lloyd Gerald Napouk. The officers responded…