Jamee Wade v. Bill Copeland

MEMORANDUM

City of Fruitland Police Department officer Bill Copeland appeals the . district court’s denial of his motion for summary judgment based on qualified immunity in this 42 U.S.C. § 1983 action brought by Jamee Wade. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.

We review de novo an order denying summary judgment based on qualified immunity. Glenn v. Wash. Cty., 673 F.3d 864, 870 (9th Cir. 2011). When a defendant asserts a qualified immunity defense on an excessive force claim, we inquire “into the objective reasonableness of the officer’s belief in the necessity of his actions, and there is no Fourth Amendment violation if the officer can satisfy this standard.” Wilkins v. City of Oakland, 350 F.3d 949, 954 (9th Cir. 2003). The court also must ask “whether the actions alleged violate a clearly established constitutional right, where clearly established means that it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Id. (citation and internal quotation marks omitted).

The district court properly denied summary judgment as to the first shooting. There is a genuine issue of…