Rosales
Rosales v. City of Phoenix
Opinion
Lead Opinion
ORDER
This case shall be resubmitted on December 19, 2001.
MEMORANDUM **
City of Phoenix Police Officers Rick Salgado and Jose Lopez appeal the district court’s order denying their motion for summary judgment in Miguel Rosales’ action against them under 42 U.S.C. § 1983 . We affirm.
We evaluate a defense of qualified immunity in excessive force claims under the two-step framework established in Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). As a threshold matter, we must determine whether Rosales has demonstrated the deprivation of a constitutional right. Id. at 2156. If so, we then determine whether “it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Id. Because we perform this analysis at the summary judgment stage, we must view the evidence in the light most favorable to Rosales. Id.
I. Constitutional Right
Under the Fourth Amendment, officers may only use a degree of force that is “objectively reasonable” under the circumstances. Graham v. Connor, 490 U.S. 386, 397 , 109 S.Ct. 1865 , 104 L.Ed.2d 443 (1989). The use of deadly force is only reasonable when used to prevent the escape of a…