Merrick

MEMORANDUM *

Robert and Amy Jo Merrick (“Merricks”) appeal the district court’s grant of partial summary judgment based on qualified immunity. The Defendants 1 contend *959 this court lacks jurisdiction because the Merricks failed to file their notice of appeal within the thirty-day time limit. For the following reasons, we conclude that we have jurisdiction and AFFIRM the decision below.

Jurisdiction

The Merricks’ appeal was untimely as a result of their negligence. Nonetheless, we find the district court acted within its discretion in granting an extension to file the notice of appeal. See Marx v. Loral Corp., 87 F.3d 1049, 1054 (9th Cir. 1996) (noting that “excusable neglect includes situations in which the failure to comply with a filing deadline is attributable to negligence”) (internal quotations marks and citation omitted).

Summary Judgment

The district court entered partial summary judgment in favor of the Defendants on the Merricks’ 42 U.S.C. § 1983 unlawful arrest action, based on qualified immunity. To determine whether a police officer is entitled to qualified immunity for alleged Fourth Amendment violations, we employ a two-part test. Washington v. Lambert, 98…