Howard

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 23 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL HOWARD, No. 24-146 D.C. No. Plaintiff-Appellee, 3:22-cv-00064-MMD-CSD v.

MEMORANDUM*

KEN FYE,

Defendant-Appellant.

Appeal from the United States District Court for the District of Nevada Miranda M. Du, District Judge, Presiding

Submitted January 16, 2025** San Francisco, California

Before: H.A. THOMAS and MENDOZA, Circuit Judges, and BOLTON, District Judge.***

Detective Ken Fye appeals the district court’s order denying his motion for

summary judgment based on qualified immunity. We have jurisdiction under 28

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation. U.S.C. § 1291, review de novo the district court’s denial of summary…