Masa Warden v. Bryan Cowan

facts. We lack jurisdiction to consider these arguments because they effectively ask this court to evaluate on this interlocutory appeal whether the district court properly determined that there was a genuine issue of material fact. See Foster, 908 F.3d at 1212–13.

3 yelling that he did not have a weapon. According to Warden, Officers Cowan and

Weaver began shooting immediately after he moved his previously outstretched

arms towards his shoulder area and pressed down on the concrete to “do a pushup.”

Warden testified that he made this movement so that he could lift his upper body

off the ground, turn his head, and again tell the officers that he did not have a

weapon.

“In evaluating a Fourth Amendment claim of excessive force, we ask

‘whether the officers’ actions [wer]e “objectively reasonable” in light of the facts

and circumstances confronting them.’” Rice v. Morehouse, 989 F.3d, 1112, 1121

(9th Cir. 2021) (quoting Graham v. Connor, 490 U.S. 386, 397 (1989)) (alteration

added). In doing so, we judge the reasonableness of a particular use of force “from

the perspective of a reasonable officer on the scene, rather than with the 20/

vision of hindsight.” Id.…