Joseph Ortega v. Kurt Rodenspiel

MEMORANDUM

Plaintiff Joseph Alejandro Ortega appeals the district court’s order granting summary judgment in favor of Defendants on Ortega’s Fourth Amendment claim, brought under 42 U.S.G. § 1983, and on several state law claims. Ortega also appeals the district court’s denial of his motion to alter or amend the judgment under Federal Rule of Civil Procedure 59(e). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review de novo a district court’s order granting summary judgment. Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir.2014) (en banc), cert. denied, — U.S. —, 135 S.Ct. 403 , 190 L.Ed.2d 307 (2014). We review a district court’s denial of a Rule 59(e) motion for abuse of discretion. Sch. Dist. No. 1J, Multnomah Cnty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir.1993).

An officer’s use of deadly force is reasonable and consistent with the Fourth Amendment if “it is necessary to prevent ... escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.” Tennessee v. Gamer, 471 U.S. 1, 3 , 105 S.Ct. 1694 , 85 L.Ed.2d 1 (1985); see also Scott v. Harris, 550 U.S. 372,…