Becker

MEMORANDUM **

Daniel Becker appeals the district court’s grant of summary judgment against him in his civil rights action against the City of Independence and four police officers (hereafter collectively “the officers”) for alleged use of excessive force. See U.S. Const, amend. IV; 42 U.S.C. § 1983 . We affirm.

(1) We have reviewed the record, including the videotape of the incident, and we are unable to say that the use of force was not objectively reasonable under the circumstances. See Saucier v. Katz, 533 U.S. 194 , 204-05, 121 S.Ct. 2151 , 2157-58, 150 L.Ed.2d 272 (2001); Graham v. Connor, 490 U.S. 386, 396-97 , 109 S.Ct. 1865, 1872 , 104 L.Ed.2d 443 (1989); Robinson v. Solano County, 278 F.3d 1007, 1013-14 (9th Cir.2002) (en banc); Scott v. Henrich, 39 F.3d 912, 914-15 (9th Cir.1994); see also Young v. Harrison, 284 F.3d 863, 866 (8th Cir.2002); cf. Headwaters Forest Defense v. County of Humboldt, 276 F.3d 1125, 1130-31 (9th Cir.2002) (no good reason for particular use of force). Thus, the force used was not excessive, and Becker’s Fourth Amendment rights were not violated.

(2) Even if the force used here were determined to be excessive, we would proceed to ask whether…

Concurring.

Although I think that Officer Hevland’s repeated use of the sternum rub was excessive under the circumstances of this case, he is entitled to qualified immunity because it would not have been “clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Saucier, 533 U.S. at 202.