Byrd

INTRODUCTION

Sylvan Byrd was shot to death by two police officers. Byrd’s wife, Ellen Byrd, and his mother, Vivien Harkness, brought this § 1983 action against the officers, among others. A jury trial was held, and after both sides rested, the district court declared a mistrial and invited the defendants to file a motion for summary judgment. The defendants filed the motion which the district court granted. Ellen Byrd and Vivien Harkness appealed. We affirm.

FACTS

On January 23, 1993, Sylvan Byrd and his wife Ellen were arguing in their apartment in Los Alamitos, California. The neighbors called 911 to report a domestic disturbance, and police officers Vic Cantu and Mark Van-Holt responded.

Officer Cantu arrived first. Listening through a closed door, he heard a woman sobbing and a man saying “I don’t want to hurt you again.” When Officer VanHolt arrived, Officer Cantu knocked on the door and covered the door’s peephole with his hand. In response to the knocking, Sylvan grabbed a handgun while Ellen retreated to the kitchen where she could view the front door. Ellen testified that Sylvan opened the door with his left hand, holding the gun in his right hand behind his right…