Lvmpd

MEMORANDUM

Las Vegas Metropolitan Police Department officers, Ferrante and Delaria (collectively, “Officers”), appeal from the district court’s order denying their motion for summary judgment on the basis of qualified immunity in a 42 U.S.C. § 1983 action brought by Jerry Hartrim. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Summary judgment based on a claim of qualified immunity should not be granted if (1) “the facts, when taken in the light most favorable to Plaintiff[], show that Defendants’ conduct violated a constitutional right,” and (2) “the constitutional right at issue is ‘clearly established.’ ” Torres v. City of Los Angeles, 548 F.3d 1197, 1210 (9th Cir.2008).

1. “Under ordinary circumstances, when the police have only reasonable suspicion to make an investigatory stop, drawing weapons and using handcuffs and other restraints will violate the Fourth Amendment.” Washington v. Lambert, 98 F.3d 1181, 1187 (9th Cir.1996). Nevertheless, “we allow intrusive and aggressive police conduct without deeming it an arrest ... when it is a reasonable response to legitimate safety concerns on the part of the investigating officers.” Id. at 1186 (emphasis in original).…