David Breidenbach v. City of Spokane

MEMORANDUM

The Estate of Joshua Levy and David Breidenbach (collectively, plaintiffs) appeal the district court’s order granting summary judgment on behalf of the City of Spokane, the County of Spokane, and certain individual law enforcement defendants. Plaintiffs allege that the defendants used constitutionally excessive force against Levy — an individual known to have serious mental health problems — resulting in Levy’s fatal jump from a bridge. Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We affirm.

To overcome a qualified immunity defense, a plaintiff must establish both: (1) that the defendants violated a statutory or constitutional right; and (2) that the right was “clearly established” at the time of the challenged conduct. Pearson v. Callahan, 555 U.S. 223, 232 , 129 S.Ct. 808 , 172 L.Ed.2d 565 (2009). In analyzing this issue, we may address either prong first. See id. at 236 , 129 S.Ct. 808 . If analysis of one prong proves dispositive, we need not analyze the other. See id. at 236, 241-43 , 129 S.Ct. 808 .

“A Government official’s conduct violates…