Bayer

MEMORANDUM *

The district court granted summary judgment in favor of defendants City of Simi Valley and police department officials (collectively “Simi Valley”) against the family of Stephen Bayer following the fatal shooting of Bayer by police. On appeal, the Bayers argue primarily that the district court erred in concluding that the actions of the police were objectively reasonable under the Fourth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. As the parties are familiar with the facts and procedural history of the case, we will not detail them here except as necessary. We review a grant of summary judgment de novo. Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir.2000).

The Bayers argue that the police used excessive force in violation of the Fourth Amendment when they fired tear gas into Stephen Bayer’s car. They claim that the police provoked a confrontation with a mentally disturbed man that they should have known would lead to his inevitable death. “[C]laims that law enforcement officers have used excessive force ... [are] analyzed under the Fourth Amendment and its ‘reasonableness’ standard ----” Graham v. Connor, 490 U.S. 386,…