Estate of Angel Lopez v. Kristopher Walb

MEMORANDUM

San Diego Police Officer Kristopher Walb appeals the district court’s order de nying in part his motion for, summary judgment on the basis of qualified immunity. We affirm.

We may consider “whether the defendant[s] would be entitled to qualified immunity as a matter of law, assuming all factual disputes are resolved, and all reasonable inferences are drawn, in plaintiffs favor.” George v. Morris, 736 F.3d 829, 836 (9th Cir. 2013) (alteration in original) (quoting Karl v. City of Mountlake Terrace, 678 F.3d 1062, 1068 (9th Cir. 2012)). Taking the facts in the light most favorable to Lopez, the district court concluded that there was a genuine dispute of material fact as to whether Walb violated the Fourth Amendment. ER 16. We agree. Because Lopez died during the incident, the court may construct Lopez’s version of events “circumstantially from competent expert and physical evidence, as well as from inconsistencies in the testimony of law enforcement.” Id. at 834. Viewing the facts in the light most favorable to Lopez, a reasonable jury could conclude from the physical evidence that Lopez was not facing the officers, did not make a threatening gesture, and was in the…