Rosales

Rosales v. City of Phoenix

Good Law
25 F. App'x 582
United States Court of Appeals for the Ninth CircuitDecember 26, 2001No. 99-17204. D.C. No. CV-95-01225-DAECalifornia539 words

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…

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