Jim

*858 MEMORANDUM **

I. OVERVIEW

Harold U. Jim (“Jim”) appeals pro sé the district court’s grant of summary judgment in favor of defendants-three police officers for the County of Hawaii (collectively, “Defendants”). Jim brought this 42 U.S.C. § 1983 action against Defendants, alleging that the officers’ use of pepper spray during Jim’s arrest constituted excessive force in violation of the Fourth Amendment. In his appeal, Jim alleges that the district court improperly excluded evidence when it refused to accept his unsworn affidavit containing inadmissible hearsay and unauthenticated documents. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

II. STANDARD OF REVIEW

We review de novo both a grant of summary judgment and a determination regarding qualified immunity. Lite-On Peripherals, Inc. v. Burlington Aire Express, Inc., 255 F.3d 1189, 1192 (9th Cir.2001) and Robinson v. Prunty, 249 F.3d 862, 865-66 (9th Cir.2001). “Viewing the evidence in the light most favorable to the nonmoving party,” this Court must determine “whether there are any genuine issues of material fact, and whether the district court correctly applied the relevant substantive law.” Far Out…