Oquendo v. Las Vegas Metropolitan Police Department

MEMORANDUM

The Las Vegas Metropolitan Police Department (Department) and police officer Derek Colling appeal the district court’s denial of their motion for summary judgment on qualified immunity grounds. We have jurisdiction over this interlocutory appeal under 28 U.S.C. § 1291 because it turns on the following issue of law: whether taking the disputed facts in Evie Oquendo’s favor.(except where discredited by the videotape of the incident, see Scott v. Harris, 550 U.S. 372, 380-81 , 127 S.Ct. 1769 , 167 L.Ed.2d 686 (2007)), Oquendo has demonstrated that Colling violated her son’s clearly established constitutional right to be free from excessive force. See Kennedy v. City of Ridgefield, 439 F.3d 1055, 1060 (9th Cir.2006).

The district court erred when it denied Colling’s and the Department’s motion for summary judgment on qualified immunity grounds. Resolving all factual disputes in favor of Oquendo, except where Oquendo’s version of the facts are “blatantly contradicted” by the videotape of the incident, Scott, 550 U.S. at 380 , 127 S.Ct. 1769 , Colling did not violate any clearly established law when he shot Tanner Chamberlain, see City & Cnty. of S.F. v. Sheehan, - U.S. -,…