Hanna

MEMORANDUM **

On January 11, 1999, Officer Hany Hanna (“Hanna”) stopped Irvin Landrum (“Landrum”) for an alleged traffic violation in the City of Claremont, California. Following a series of events that the parties now dispute, Officer Hanna and his backup officer Kent Jacks (“Jacks”) fired at least fourteen rounds at Landrum, hitting him three times. Landrum was given immediate medical treatment but died in the hospital within six days of the incident. Landrum’s heirs brought an action for wrongful death alleging that the officers violated Landrum’s civil rights, and the officers moved for summary judgment on the basis of qualified immunity. The officers submitted declarations alleging that they used reasonable force in light of the fact that Landrum was threatening them with a handgun at the time he was shot. Plaintiffs’ evidence in opposition to the motion consisted of a declaration of counsel and a declaration of Landrum’s mother to the effect that she did not believe that her son owned or possessed a gun or could have displayed a gun in the manner alleged by the officers. The district court found the officers’ declarations to be consistent with one another but denied the…