Lewis

This 42 U.S.C. § 1983 case involves a high-speed pursuit of two teenagers on a motorcycle by a law enforcement officer in a patrol ear. One of the teenagers was killed. We have jurisdiction under 28 U.S.C. § 1291 . We reverse the district court’s grant of summary judgment on the issue of qualified immunity as to the officer but affirm the grant of summary judgment in favor of the municipal defendants.

I.

Because this case comes before us on summary judgment, the following facts are presented in the light most favorable to plaintiffs. See Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994).

On the evening of May 22, 1990, at about 8:30 p.m., James Everett Smith, a Sacramento County sheriffs deputy, along with Murray Stapp, a Sacramento police officer, responded to a call to break up a fight. After handling the call, the officers returned to their separate patrol cars. As they were preparing to leave, Officer Smith saw Stapp’s overhead lights come on and saw him yell something at two boys riding a motorcycle. Apparently, the windows of Smith’s patrol car were up, so Smith could not hear what Stapp yelled at the boys. Neither boy was involved in the…