Barney

MEMORANDUM **

Joy Kern Barney (“Barney”) appeals the district court’s grant of summary judgment in favor of several individual police officers and the City of Eugene on the basis of qualified immunity in her action brought under 42 U.S.C. § 1983 . She contends that the deployment of tear gas at a protest violated her First Amendment rights of free speech and assembly because she was merely a peaceful protestor. The district court found no basis to support a First Amendment violation and granted summary judgment in favor of the individual defendants and the City of Eugene. 1 We have jurisdiction pursuant to pursuant to 28 U.S.C. §§ 636 (c)(3) and 1291, and we affirm.

We review the district court’s decision to grant summary judgment on the ground of *685 qualified immunity de novo. LSO, Ltd. v. Stroh, 205 F.3d 1146, 1157 (9th Cir.2000). Viewing the evidence in the light most favorable to the non-moving party, we must determine whether there are any genuine issues of material fact and whether the district court correctly applied the substantive law. Lopez v. Smith, 203 F.3d 1122,1131 (9th Cir.2000) (en banc).

As the Supreme Court has recently articulated in Saucier v. Katz, 533…