Carman

MEMORANDUM *

La Mesa Police Officers Todd Burgess and Brian Stoney (“the Officers”) appeal the district court’s denial of summary judgment for qualified immunity in a civil action under 42 U.S.C. § 1983 . We may exercise jurisdiction over a denial of summary judgment on qualified immunity grounds “taking all facts and inferences [ ] in favor of the plaintiff....” Jeffers v. Gomez, 267 F.3d 895, 905-06 (9th Cir. 2001). We review the district court’s decision denying summary judgment de novo, Bingham v. City of Manhattan Beach, 341 F.3d 939, 945 (9th Cir.2003), and we reverse. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

As concluded by the district court, and conceded for purposes of summary judgment here, material questions of fact exist as to whether Carman committed a traffic violation since he claims to have engaged his left turn signal. Thus, the constitutionality of the stop turns on whether the Officers had reasonable suspicion Carman was carrying fraudulent credentials and a concealed weapon based on information provided by the United States Customs Department. Although Carman claims the *226 Officers…