Juan Solis-Diaz v. Scott Tompkins

MEMORANDUM

Las Vegas Metropolitan Police Department officer Scott Tompkins appeals the district court’s denial of his motion for summary judgment in this 42 U.S.C. § 1983 action brought by Juan Solis-Diaz. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review a district court’s denial of summary judgment de novo, Espinosa v. City & Cnty. of S.F., 598 F.3d 528, 532 (9th Cir. 2010), viewing the facts and “drawing] reasonable inferences” in the light most favorable to the non-moving party “to the extent supportable by the record,” Scott v. Harris, 550 U.S. 372, 378 , 381 n.8, 127 S.Ct. 1769 , 167 L.Ed.2d 686 (2007) (emphasis omitted).

1. Excessive force claims are governed by the Fourth Amendment’s “objective reasonableness standard,” which requires

a “careful balancing of the nature and quality of the intrusion on the individual’s Fourth Amendment interests against the countervailing governmental interests at stake.” Graham v. Connor, 490 U.S. 386, 388, 396 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989) (internal quotation marks omitted). “An officer’s use of deadly force is reasonable only if ‘the officer has probable cause to believe that the suspect poses a…