Motley

Darla Motley brings this 42 U.S.C. § 1983 action on behalf of herself and her infant son Juan Jamerson, claiming that the defendants unlawfully searched her home and used excessive force against her infant son. The defendants-appellees are Albert Ruegg, Gregory Kading, Daryl Gates, and Bernard Parks of the Los An-geles Police Department (LAPD); Guadalupe Sanchez, a California Parole Officer; and James Black and Larry Webster, who are federal Bureau of Alcohol, Tobacco, and Firearms (ATF) agents (collectively, “the officers”). The officers claim qualified immunity for their actions, and Motley appeals from two district court orders granting summary judgment on that basis. We reverse the district court’s grant of *1061 qualified immunity to Ruegg, Sanchez, Kading, and Black on the search and excessive force claims. We affirm the grant of summary judgment to Webster, Gates, and Parks.

FACTS AND PROCEDURAL HISTORY

Janae Jamerson, a member of the Four Trey Crips gang, was released on parole on February 20, 1998, but was rearrested on February 3, 1999. On March 18, 1999, while Jamerson was in custody, LAPD supervisor Ruegg held a briefing for LAPD officers, federal ATF officers, and…

dissenting:

It is well settled that a police officer is entitled to qualified immunity unless the facts alleged demonstrate that the officer’s conduct violated a clearly established constitutional right and that the officer did not make a reasonable mistake of law or fact. Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001); Rude-busch v. Hughes, 313 F.3d 506, 514 (9th Cir.2002). Because on the date the officers entered Darla Motley’s apartment, Officer Albert Ruegg’s, Special Agent James Black’s and Parole Agent Guadalupe Sanchez’s alleged actions were not clearly established to be constitutional violations, I respectfully dissent.

I

Standard Governing Summary Judgment Motions

Federal Rule of Civil Procedure 56(c) provides that a motion for summary judgment must be granted when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” FED.R.CIV.P. 56(c).

We have noted that “[w]here disputed facts exists ... we can determine whether the denial of qualified immunity…