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California Highway Patrol Officer Stephen Markgraf appeals the judgment following a jury trial in favor of A.D. and J.E. on their claim under 42 U.S.C. § 1983 that Markgraf violated their Fourteenth Amendment right to a familial relationship when he shot and killed their mother, Susan Eklund, at the end of a high-speed chase. The district court denied Markgrafs motions for summary judgment and judgment as a matter of law on the ground of qualified immunity. While we decline to review the ruling on summary judgment, we believe Markgraf is entitled to qualified immunity. Accordingly, we reverse on this issue. Markgraf separately appeals the award of attorneys’ fees, which we vacate in light of our disposition on the merits.

I

Around 2:00 a.m. on March 23, 2006, California Highway Patrol (CHP) officers Markgraf and Johnson, stationed in the Oakland division, were notified by dispatch that a stolen vehicle was being pursued into their area. The vehicle, a white Ford, was being driven at high speeds using all lanes of the freeway and without its headlights on. The driver, later identified as Karen Eklund, was the only occupant.

Markgraf and Johnson intercepted the Ford as…